ПРО ДИСКРЕЦІЙНІ ПОВНОВАЖЕННЯ ОРГАНІВ ДЕРЖАВНОГО УПРАВЛІННЯ ЩОДО ВИЗНАЧЕННЯ ПРАВОВОГО СТАТУСУ ОКРЕМИХ СУБ’ЄКТІВ В ПЕРІОД ЗАПРОВАДЖЕННЯ ВОЄННОГО СТАНУ В УКРАЇНІ

Abstract

The article provides a brief overview of the conceptual legal framework defined by the title of the article regarding foreigners and stateless persons, refugees and migrants, etc. Recognizing the place of limitation of discretionary powers among the requirements of the rule of law, it is necessary, first of all, to clarify the meaning of the term “discretionary powers”. The Dictionary of Foreign Words defines the term “discretion” as “the decision of an official or state body to resolve a certain issue at its own discretion”. In general, this definition corresponds to the broad meaning of the term, but it is too general and does not reflect its legal aspects. After all, a literal understanding of this definition should be called arbitrariness of an official, not authority in any form. The absence of certain conceptual frameworks for this definition makes it illogical and unlawful. The study analyzes certain aspects of the regulation by state administration bodies of some issues of the legal status of the mentioned subjects during the introduction of martial law in Ukraine. It is noted that in the conditions of modern international relations, the movement of people between states has increased significantly in recent years, at the same time, there is a noticeable lack of research into certain issues of determining and regulating the legal status of certain subjects during martial law in Ukraine through the use of discretionary powers of competent state administration bodies . The study notes and poses relevant questions regarding the improvement of some features and signs of the introduction of administrative discretion by the SBU bodies regarding the legal status of foreigners, statelesspersons, refugees and migrants during the period of martial law in Ukraine, and the author's own thoughts on this matter are expressed.