SOME PECULIARITIES OF THE ADMINISTRATIVE COURT'S INTERFERENCE IN THE DISCRETION OF THE SUBJECT OF PUBLIC ADMINISTRATION

Abstract

The procedural discretion of the administrative court is not a self-sufficient institution of administrative procedural law, since it necessarily has a «continuation», which manifests itself in a possible change in the decisions of the administrative court of the decision, actions, inaction of the subject of public administration or the inducement of this subject to other actions. Administrative procedural law does not directly contain the notion of «intervention of an administrative court», but based on the analysis of judicial practice in administrative cases, we can state the objective existence of such a phenomenon that is inherent in modern practice of national administrative justice. Note that although it is of a different type and content, but the interference, at the discretion of the subject of public administration, is objective in the administrative courts of all, without exception, instances – the first, appellate and cassation; The administrative discretion of the subject of public administration is a constant subject of appraisal and investigation of an administrative court.