DISCRETIONARY ACTS AS A SUBJECT OF JUDICIAL REVIEW IN ADMINISTRATIVE PROCEEDINGS

Abstract

Abstract. The article is devoted to an important problem of the science of administrative and administrative procedural law – the appeal of administrative acts adopted within the framework of administrative discretion. Problematic issues related to the appeal of a discretionary act in administrative proceedings are analyzed, the problems of determining the limits of administrative discretion are raised. Of particular importance is the fact that discretion can play both a positive and a negative role in its application. In this regard, active discussions about the legal nature and prospects for the use of discretion in the process of legal regulation have not only scientific and theoretical, but also practical significance for the further improvement of legislation. Understanding the limits of administrative discretion is important for ensuring legal protection of citizens and maintaining fairness in administrative procedures. The study of this topic made it possible to establish the conditions that determine the limits of discretionary powers, conduct an analysis of the legislation and judicial practice of regulating the procedure of judicial appeal of discretionary acts. Criteria for checking discretionary acts should be prescribed in the Code of Administrative Procedure. In the court decision, in the motivational part, it should be described why the judge believes that the public body exceeded the limits of administrative discretion, and not be limited to a formal statement of the existence of a violation of its limits. Ways of improvement aimed at establishing clear criteria for determining the limits of administrative discretion and improving the procedure for judicial appeal of discretionary acts are proposed, a proposal is made to enshrine in the legislation the provision on establishing the limits of administrative discretion and wording in the operative part of the court on appealing a discretionary act for barriers to the implementation of public administration of discretionary powers.