Omelian V. Administrative discretion is in activity of public administration

Dissertation is the first in home jurisprudence complex, scientific research of administrative discretion in activity of public administration. A detailed study of essence and elements of mechanism of administrative discretion is in-process undertaken in activity of public administration, reasons and grounds of application of administrative discretion in activity of public administration, terms and requirements to realization of administrative discretion at activity of public administration, and also forms of realization of administrative discretion in activity of public administration. With the aim of grant of objective estimation to the national legislation an author is systematize present in Ukraine judicial practice in relation to application of administrative discretion in activity of public administration. On results undertaken a study further directions of perfection of organizational principles of administrative discretion offer in activity of public administration of Ukraine. First authorial determination of concept "to the mechanism of realization of administrative discretion in activity of public administration", under that it is suggested to understand the system of social, administrative, psychological, legal, material and technical factors (facilities, methods, forms) that provide realization of plenary powers of organ of public administration at administrative discretion, offers a candidate for a degree. It is well-proven that basis of mechanism of administrative discretion is made by a normatively-legal base, that, firstly, provides basis for existence of administrative discretion as phenomenon of social and legal reality, secondly, makes normative basis of situation that needs application of administrative discretion.