ДИСКРЕЦІЙНІ ПОВНОВАЖЕННЯ АДМІНІСТРАТИВНИХ СУДІВ У СФЕРІ ЗАХИСТУ ПРАВ ЛЮДИНИ І ГРОМАДЯНИНА

Abstract

The article considers the category of discretionary powers of administrative courts. It is noted that human rights and freedoms and their guarantees determine the content and orientation of the activities of our state, the Constitution of Ukraine not only declares the idea that a person is the highest social value of society, but emphasizes that the activities of the state guarantee protection and are aimed at the realization of its legal rights, freedoms and interests. It is stated that ensuring guarantees of man and citizen rights in relations with public administration bodies is the responsibility of any law-based state, and Ukraine is no exception. The above-mentioned necessitated the creation of administrative justice in our state, which, on the one hand, protects the rights of a person and a citizen, and on the other hand, with the help of a single judicial practice, ensures the legality of the activities of public authorities. Administrative justice is the most important procedural and legal instrument in the field of full protection of constitutional rights, freedoms and legitimate interests of man and a citizen. Methodology: The methodological basis for the article are general and special methods of legal science, in particular: the method of dialectical analysis, the method of prognostic modeling, formal and logical, normative and dogmatic, sociological methods. The results of the study: in order to resolve the issue of legislative consolidation of the concept of "discretionary powers of the administrative court", the proposal in part 1 of Art. 4 of the CAS of Ukraine "Definition of terms" a separate paragraph defines the concept of the following content: "discretionary powers of the administrative court – the rights and powers of the administrative court (first, appellate, cassation instances, Grand Chamber of the Supreme Court) granted to it by the state, enshrined in the provisions of the articles of the CAS of Ukraine, which enable the administrative court to freely act considering and deciding an administrative case, to choose between two or more legal alternatives to that, which in its opinion is more appropriate (more reasonable)".