PROBLEMS OF APPLYING DISCRETIONARY POWERS IN PROVIDING ADMINISTRATIVE PROCEDURES

Abstract

The article is devoted to highlighting problematic issues of the application of discretionary powers in the provision of administrative procedures. The article draws attention to the fact that modern domestic legislation rather ambiguously defines the concept and content of discretionary powers in the implementation of relevant administrative procedures, mostly focusing on the right of an authorized person when adopting an administrative act to act under certain conditions at his own discretion. It turns out that such freedom during the administrative procedure must take place within the limits defined by the relevant normative legal act, which regulates the powers of the public authority in a certain area. That is why the issue of the content of discretionary powers in the provision of administrative procedures, the limits of the application of such discretion, need scientific understanding. The article notes that the reasons for this state of affairs lie in imperfect administrative legislation that regulates administrative procedures in the activity of public administration, the absence of criteria and limits for the application of discretionary powers, the conditions under which they should be implemented, and the absence of a stable and uniform practice regarding the interpretation of evaluation concepts . It is emphasized that certain standards of unification of legal evaluation and interpretation of the application of evaluation concepts during the exercise of discretionary powers, unification of the activities of public administration in this area would contribute to the solution of problematic issues of the application of discretionary powers in the provision of administrative services. The article formulates the author's definition that discretionary powers in the provision of public services represent a set of powers regulated by the norms of administrative law, the powers of the subject of public administration, which give him the opportunity to choose at his own discretion, that is, from several permissible decisions, an option for the implementation of the administrative service procedure and adoption the corresponding administrative act. Today, the optimal way to solve problematic issues in the exercise of discretionary powers in the provision of administrative procedures is to improve the legislation in the direction of developing criteria and conditions for their application, and specifying the responsibility of officials for abuse of discretionary powers.