Discretionary Powers in the Field of Public Administration and Principles of Their Implementation in the Activities of the Penal System
Nagornykh R.V. Discretionary powers in the field of public administration and principles of their implementation in the activities of the penal system. Penitentiary Science, 2024, vol. 18, no. 4 (68), pp. 428–433. doi 10.46741/2686-9764.2024.68.4.009
The article is devoted to topical problems of the use of discretionary powers by public authorities in modern conditions of the development of the state and society, as well as the study of basic principles of the application of administrative discretion in the activities of the penal system. Purpose: to highlight theoretical and applied problems in the field of administrative discretion in the activities of public administration bodies and officials in general and the penal system in particular. The methodological basis of the work is formed by general scientific and private scientific (historicallegal, comparative-legal, descriptive, content analysis) methods of cognition of legal reality. The conclusions are substantiated that at present the problem of administrative discretion in the activities of public administration is gaining new importance. In the context of the constant expansion of the sphere of public administration, its complexity, multitasking and situational uncertainty, making even an outwardly legitimate decision in the future may entail adverse consequences that are not obvious or difficult to forecast at the time of making a management decision. In this regard, the question arises of establishing legal boundaries (guidelines) for the actions of public administration bodies in the exercise of powers within the framework of administrative discretion. Such guidelines should be administrative and legal principles of the activities of public administration bodies fixed in legislation in the field of implementation of various areas of subordinate administrative activities, including in the field of subordinate rulemaking, adoption of general administrative acts, individual law enforcement acts, administrative contracts, etc. One of the main advantages of using discretionary powers in activities of the penal system is their ability to provide flexibility and adaptability in the development and adoption of managerial decisions, the search and testing of new advanced management forms and methods. Scientific and practical significance of the work consists in substantiating the provisions that discretionary powers play an important role in improving activities of the Federal Penitentiary Service of Russia, allow it to adapt to changing conditions, and ensure legality and fairness in making managerial decisions. At the same time, in order to exclude abuses and unfair decisions, discretionary powers should be limited and controlled, that is, applied in compliance with the principles of transparency, liability and control.
Keywords: Administrative law; discretionary powers; administrative discretion; administrative procedures; penal system
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