JUDICIAL DISCRETION IN THE ADMINISTRATIVE-JURISDICTIONAL PROCESS

Abstract

The article deals with judicial discretion in the administrative-jurisdictional process based on the current legislation of Ukraine and the European Union. The applied methodological approaches based on complex, systematic analysis and synthesis of knowledge of various doctrinal directions of the science of administrative law made it possible to consider judicial discretion as an institutional and structural component of administrative jurisdiction. The subject of the study is public relations concerning judicial discretion in the sphere of administrative jurisdiction in matters of consideration of administrative disputes and cases of administrative offences. It noted that judicial discretion is an authoritative activity of the court in administering justice. It consists of using an intellectualvolitional mechanism that allows the court to choose a solution to a legal case. It indicated that it is expedient to consider the necessary restrictions that guarantee the application of this institution to ensure the legality and practicality of the decision made by the court as outside the scope of judicial discretion. The area of enforcement determines the nature of discretion. When applying norms in administrative proceedings and considering cases of administrative offences, the degree of interaction of law, morality and discretion is not the same. The institution of judicial discretion in the administrative jurisdiction involves complex legal and moral boundaries. The legal limits of judicial discretion are related to the content of the principles and norms of law and the legal practice of application. The main features of judicial discretion: a particular type of law enforcement activity, which is characterized by the absence of specific normative regulation of the actions of the subject of law enforcement; it is allowed to make a legal decision based on the choice of options formulated by interpreting legal principles and norms while observing legality, reasonableness, expediency and justice.