Reflections on administrative discretion

The article is a continuation of the discussion started in 2022 in the journal "Siberian Legal Review" and it presents some other considerations on administrative discretion, based on both a wide theoretical and factual material, and on the rich law enforcement experience of the author. Various scientific approaches to understanding the essence and content of administrative discretion, modern features of its practical implementation, key doctrinal and legislative problems are analysed. In conclusion, the author's definition of administrative discretion, determination of its place in the system of public law is offered. The purpose of this article is to develop and deepen the discussion on the problem -the problem of administrative discretion, discretion - which is topical for the Russian administrative-legal theory and legal practice. During its preparation, the vector of discussion changed several times in the direction of revealing the correlation, interrelation, correlation of administrative discretion, necessity and possibility of evaluation of scientific activity, and scientometrics. The task was complicated by the fact that it was necessary to link scientometrics and administrative discretion in any reasonable way. As a result of the study, the author came to the following conclusions. The first conclusion: administrative discretion should be understood as the choice by public administration of the option of solving a management issue in the form of adopting an administrative act (normative or individual) in conditions of insufficient certainty of the situation and (or) circumstances about which this administrative act is adopted. The second conclusion: administrative discretion is related not only to administrative law and administrative process, but also to public law in general. In fact, within the framework of administrative discretion is allowed interpretation and application of norms of almost any branch of public law. Another issue is that the subjects of administrative discretion as a general rule are bodies of executive power and their officials. But this is a good thing. These subjects should not be too many, because, as Spinoza said, if everyone had the freedom to interpret public law at his discretion, no state could not exist. The author declares no conflicts of interests.

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