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Regular version of the site

Book chapter

Административное усмотрение в ведомственном нормотворчестве России

С. 234-246.

The article seeks to depart the traditional interpretation of administrative discretion as choice (freedom of choice) between one of the given options for the law enforcement (individual) act. Administrative discretion is seen as a complex legal phenomenon, used not only in law enforcement, but also in rule-making. Its definition is provided as a certain "reflection" of the initial state of regulated managment relations, an understanding of the current situation (requiring managerial resolution), and consideraton of the current sate of affairs at the time of the decision-making and, furthermore, as the assumptions and anticiation of he impact the decision made on the development of regulations related by the managements act.