Administrative discretion in activities of the Federal Penitentiary Service: theoretical and doctrinal interpretation
Introduction: the article is devoted to the study of issues related to the development and formation of the administrative discretion doctrine in Russian legal science, legislative regulation of administrative discretion and discretionary powers of subjects of public administration. Purpose: to p...
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| Format: | Article |
| Language: | English |
| Published: |
Federal Penitentiary Service of Russia, Vologda Law and Economics Institute (VIPE FSIN Russia)
2023-06-01
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| Series: | Пенитенциарная наука |
| Subjects: | |
| Online Access: | https://jurnauka-vipe.ru/media/filer_public/d2/7b/d27b6b89-9f1a-4c1f-b559-4feb82c4e621/t_17_2_196-202_starostin_sa_eng.pdf |
| Summary: | Introduction: the article is devoted to the study of issues related to the
development and formation of the administrative discretion doctrine in
Russian legal science, legislative regulation of administrative discretion and
discretionary powers of subjects of public administration. Purpose: to present a
theoretical and doctrinal interpretation of administrative discretion with regard
to the specifics of activities of the Federal Penitentiary Service. Methods: our
research is based on the dialectical method of scientific cognition. The article
uses general scientific (analysis, synthesis, induction, etc.), private scientific
and special methods of cognition (comparative legal, formal legal). Results: a
general characteristic of concepts, such as administrative discretion, discretion
in law and discretion (discretionary powers), is presented and logical connections between the content of these concepts in terms of their doctrinal understanding are considered. Problems of implementing administrative discretion in practice are studied. The dualism of administrative discretion in the penal system in terms of the implementation of anti-corruption measures in the field of execution of criminal penalties is revealed. Conclusion: based on the study of domestic
and foreign experience, possible prospects for developing the institution of
administrative discretion in the activities of public administration, including in the Federal Penitentiary Service of Russia, are indicated. The intersectoral nature
of administrative discretion is emphasized. The issue of the modern role of
administrative discretion in activities of the Federal Penitentiary Service of Russia, taking into account the specifics of the sphere of legal realization, is revealed. |
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| ISSN: | 2686-9764 2782-1986 |