ADMINISTRATIVE DISCRETION AND INSTRUMENTS OF PUBLIC ADMINISTRATIONS: ADMINISTRATIVE AND LEGAL AND DEONTOLOGICAL DIMENSIONS

The article focuses on the relationship between public administration and legal deontology. Public administration is a renewed form of public administration. The difference is that public administration is a more democratic process of state-authoritative impact on social relations. This democracy is manifested in the forms and methods of managerial activity used. Among the forms and methods of public administration, a softer set of forms is selected – an appropriate combination of legal and non-legal forms, the method of persuasion and coercion. The very activity has an executive and administrative nature. The executive orientation implies the call of public administrations to promote the practical implementation of laws. Orders – to adopt and implement legal acts of administration. Forms and methods together constitute the tools of activity of public administrations. Executive-administrative activity is carried out through appropriate managerial procedures. The basis of activity is administrative discretion. It consists in the possibility at one’s own risk to use forms and methods in their totality depending on the choice of the public administrator himself. This requires its appropriate level of professional training and the necessary level of compliance of the activity of a public administrator with increased moral and ethical parameters. Given the lack of administrative and procedural legislation, it is proposed to consider the use of discretionary powers as permissible with the possibility of expanding their limits within the law. But this is only on condition of introducing into the normative regulation of public administrators’ activity the code of their professional conduct. Such a code should contain an ideal model of professional conduct of public administrators. Conformity of professional conduct of an official of public administration body to the requirements of the code is a prerequisite for the implementation of its social mission. The code of ethics of a public administrator should contain a set of requirements of moral and ethical nature, compliance with which in the activities of the public administrator will contribute to the implementation of constitutional requirements on the social orientation and conditionality of the activities of the state and all its bodies.

Book Review: S. Narayan. 2018. The Dravidian Years: Politics and Welfare in Tamil Nadu.

Narayan’s book The Dravidian Years provides a rare glimpse of the political economy landscape of the most transformative period in Tamil Nadu’s social history from an insider’s perspective of a former public administrator who has served for three decades in the Indian bureaucracy. The book depicts the southern Indian state’s evolution from a deeply casteist British province to one with a radical social justice agenda, which over time however mutates into a more diluted hybrid amalgamation of capitalistic economic development with an ingrained ethos of populist social welfare.

ADMINISTATIVE DISCRETION IN PUBLIC ADMINISTRATION AND ITS CONNECTION WITH LEGAL DEONTOLOGY: THEORETICAL AND LEGAL ASPECT

SummaryIn the process of implementing the functions and objectives of the state to ensure therealization of human rights and freedoms Officials of the public administration authoritiesbased on the concept of building competent administrative legislation оften face the needto make management decisions, based on their administrative discretion. Effectiveness andfeasibility of adopted and implemented in such conditions managerial decisions directlydepends on the professional level of the public administrator. The level of professionalismdepends not only on the level of knowledge and skills of the public administrator, but alsodepends a considerable extent from its desire and desire to properly blame its professionalvocation. Legal deontology contributes to the regulatory definition of the optimal crime ofmoral and ethical requirements compliance with which testifies to the readiness of the publicadministration authorities system to implement the functions and objectives of the state asappropriate. The article analyzes the concept of public administration and is concluded aboutits identity of the Public Administration category. Both administrative and legal categoriesare manifested as the process of developing, making and implement management decisions.Administrative legislation is constructed in such a way that its procedural part based onopportunities based on and within the Constitution and Laws of Ukraine, it is based on publicadministration based on administrative discretion. In public administration, the result of theimplementation of the administrative discretion is the formation of an appropriate managementstyle, as the result of the use and variation association of permissible forms and managementmethods. The public administrator is a representative of the state in a relationship with aperson. The level of rights and freedoms proclaimed by law depends on his managementdecisions. Given the need to appeal when making decisions to administrative discretion, thedeontological component of the professional characteristics of the public administrator seemsto be significant.

Michel Psellos, administrateur public et gestionnaire de ses biens

"Michel Psellos, Public Administrator and Manager of His Own Fortune. Michael Psellos had a brilliant career as a bureaucrat and advisor for numerous emperors. Thanks to the positions he occupied, he established a network. His activities increased considerably, but it seems that he was not satisfied with the administration of his personal fortune and that he did not leave a considerable inheritance. He lost a considerable sum because of a court case and because of a theft due to his negligence. His fortune consisted mainly of lifetime possessions and depended on imperial fortune which he did not retain until the end of his life. This weakness explains why he did not manage to establish an enduring fortune and why his successors were impoverished. Keywords: property, administration, patronage. "

O Art. 28 da LINDB - A cláusula geral do erro administrativo

<p>Article 28 of LINDB - The general clause of administrative mistake</p><p> </p><p>O escopo deste artigo é elucidar como o art. 28 da Lei de Introdução às Normas do Direito Brasileiro (LINDB) pode criar um ambiente de maior segurança jurídica para o administrador público bem intencionado e que quer agir de maneira inovadora, mas sabe que suas ideias e procedimentos podem estar, eventualmente, errados. Tem-se aqui o objetivo de esmiuçar o sentido normativo do dispositivo, seus limites de aplicação e algumas de suas possibilidades. Além disso, afastam-se algumas falácias que estão sendo ditas sobre o dispositivo, aqui tomado como cláusula geral sobre o erro administrativo.</p><p> </p><p>The scope of this article is to elucidate how article 28 of the Introductory Law to Brazilian Rules (LINDB) can create an environment of greater legal certainty for the well-motivated public administrator who wants to act innovatively, but knows that his ideas and procedures may be wrong. The objective here is to analyze the meaning of article 28, its limits of application and some of its possibilities. In addition, we present and answer some fallacies that are being said about this new rule, taken as a general clause about administrative error.</p>