Sources of an Administrative Recognition and Its Bounds

Abstract

The article aims at focusing on some problems connected with an administrative recognition. Its sources seem to be of a fundamental importance. It goes without saying that the only possible source of such a recognition may be legislator’s authorization included into a legal act. Such authorization must be direct and clear. Another question touched upon in the article deals with the essence of an administrative recognition. It is shown in a situation when there exists a condition determined in the hypothesis of a legal norm in which an organ has a possibility to choose at least two legal consequences. Criteria of so-called “fuzzy notions” being authorization for administrative recognition seems to also have considerable importance from the perspective of the problems discussed in the article. Including such notions into legal acts gives an organ a certain kind of freedom. Nevertheless this freedom may not be equal to administrative recognition. In this scope applying of a certain model of the usage of law seems to be justified.