INDIVIDUAL ISSUES OF EXERCISE OF DISCRETIONARY POWERS OF ADMINISTRATIVE COURTS IN THE FIELD OF HUMAN AND CIVIL RIGHTS AND FREEDOMS

Abstract

The article examines some issues of exercise of discretionary powers of administrative courts in the field of protection of human and civil rights and freedoms. It is stated that the criteria of judicial control over the exercise of discretionary powers are: inspections of public administration, established by the CAS of Ukraine, in particular, the purpose for which discretionary powers are granted, objectivity of evidence in the case, equality before the law, impartiality; public interest, for which the discretionary power is exercised; the content of constitutional rights and freedoms of the individual; the quality of presentation in the discretionary decision of the arguments, the reasons for its adoption. It is stated that this is a certain freedom (choice) of the administrative court in deciding a specific administrative case and making the best decision within the Constitution and laws of Ukraine, guided by the basic principles (principles) of administrative law (Part 3 of Article 2 of the CAS of Ukraine). At the same time, the administrative court is recognized as a subject of power, as in accordance with paragraph 7 of Art. 4 of the CAS of Ukraine, this entity is assigned – a public authority, local government, their official or official, another entity in the exercise of public authority management functions under the law, in particular to perform delegated powers or provide administrative services. It is emphasized that during administrative proceedings it is important to correctly determine and correlate the discretion of the administrative court with the discretion of the subject of public administration, not to allow the administrative court to assign and exercise the powers of this entity, and project of public administration. It is concluded that the administrative court should properly correlate procedural discretion with the discretion of public administration entities, and in turn prevent (exclude) the assignment and exercise of powers of public administration entities, as well as prevent unlawful interference in the discretion of such entities. projects.