Administrative discretion and the permission to cut off the trees and shrubberys

Abstract

Administrative discretion is a legal institution which gives organ a possibility to adjust activity entertain by it to changing conditions. Prerequsitie to valid use of abovementioned institution is to ascertain in a certain case a correct factual and legal state, and if certain provision gives a possibility to decide one of a admissible options. Administrative discretion in a situation in which authority has to decide about possibility to cut off trees or shrubberys is a situation in which organ has to decide which interest should be overriding – individual or public. In this article we indicate what suggestions about the way in which certain case should be resolved could be found in Law of environmental protection. We also propose solutions, which in our opinion should simplify and lucid foregoing institution.