Administrative Discretion: Not “One’s Own Opinion”, but a Legal Solution!

The article examines administrative discretion as an integral element of the system of legal relations and the mechanism of legal regulation. Discretion is a legal institution designed to eradicate from law enforcement practice the dominance (independence, uniqueness) of “one’s own opinion” as a fundamental approach when employees of public authorities (officials) make administrative acts and other management decisions. Established legal norms, legal orders, rules, “strong” legal relations, administrative procedures must certainly and effectively influence the mechanism for developing management acts. Discretion and its limits must correspond to modern legal understanding, the ideology of the rule of law and the fundamental principles of the rule of law. Discretion is allowed, which is based on an in-depth analysis of the legal norm, a full weighing of the formulated legal positions, knowledge of different opinions on the use of the legal and correct way to apply a specific legal regulation. It is necessary to guarantee the adequacy of the applied legal means, legal approaches and procedures to the peculiarities of the regulation of relations in the field of public administration and the legal disputes to be resolved.