Implementation of discretionary powers in the field of public administration

Abstract

The problems of implementing the discretionary powers by public administration authorities in the context of reforming the public governance system and adaptating national legislation to European standards have been studied. The relevance of the topic is driven by the increasing role of administra­tive discretion in decision-making management and the need to ensure a balance between managerial flexibility and the principles of the rule of law. The research hypothesis is based on the assumption that the challenges in exercising discretionary powers are not related to the existence of the discretion institution itself, but to the insufficient regulatory definition of its boundaries and the lack of effective guarantees for its lawful application. The metho­dological framework of the study includes systemic analysis, formal legal and comparative legal methods, as well as the examination of doctrinal approaches and regulatory sources. As a result of the study, the necessity of improving legislative drafting techniques, specifying decision-making criteria, streng­thening the obligation to justify the administrative acts, developing consistent administrative practice, and enhancing judicial control over the discre­tionary limits has been substantiated. It has been proven that discretionary powers should be con­sidered as a legally regulated form of administrative autonomy, the exercise of which is subject to the principles of proportionality, equality and legal certainty. The obtained results may be used for further improvement of administrative legislation and law enforcement practice.