Discretion of public administration: Essence and Legal Regulation

Abstract

Scientific articles examine the essence and legal content of the discretion of public administration. It was found that discretion can take place in law-making and in political activity, as well as in the process of law enforcement – in public administration and in the administration of justice. Administrative discretion can be exercised when executive and local self-government bodies perform a number of functions, which include by-law rule-making, resolution of administrative cases, conclusion of administrative contracts, resolution of issues of public service, other cases of an internal and external organizational nature. Administrative discretion is based on the discretion of the public administration, which is associated with the process of reflection and reflection. The key elements of dissection are powers, choices and decisions, which collectively form a legally significant tool for the power influence of public administration. In the activities of the public administration, decisions can relate to the choice of various options for behavior: act (make a decision) or refrain from actions (making a decision); act (make a decision) in the form of one of the proposed alternatives; act (make a decision) guided by one's own vision, common sense and prudently, but at the same time, without going beyond the limits of the Constitution and laws of Ukraine. There are two normative legal acts in force in Ukraine, which establish provisions on discretionary powers – Methodology of anti-corruption examination and Law of Ukraine «On administrative procedure». The latter enshrines the principles that a public administration must adhere to when exercising discretionary powers. The conditions for ensuring legality are particularly significant. In addition, the bodies of executive power and local self-government must take into account the goal for the achievement of which discretionary power has been granted to them.