ДИСКРЕЦІЙНІ ПОВНОВАЖЕННЯ СУБ'ЄКТІВ ПУБЛІЧНОЇ АДМІНІСТРАЦІЇ В КОНТЕКСТІ ЗАХИСТУ ПРАВ, СВОБОД ТА ІНТЕРЕСІВ ПРИВАТНИХ ОСІБ В АДМІНІСТРАТИВНОМУ СУДОЧИНСТВІ

Abstract

This article considers the protection of the rights, freedoms and interests of individuals in administrative proceedings. The provisions of administrative procedural legislation governing the exercise of their powers by courts in resolving disputes related to administrative discretion of subjects of power, as well as national case law, in particular, the study of scientific positions of administrative scientists, the Code of Administrative Procedure of Ukraine, positions of administrative courts set forth in court decisions when considering cases related to the violation of the rights, freedoms and legitimate interests of citizens in the exercise of discretionary powers by the subjects of public administration; providing conclusions on the importance of the role of administrative courts as the main national institution for the protection of the rights and interests of individuals from violations by the public administration. The key positions of the European Court of Human Rights on the limits of judicial control over the exercise of discretionary powers by public administration entities are also presented. The article concludes that administrative courts implement European standards of the right to a fair trial in terms of the right to effective judicial protection, and thus play an important role in protecting the rights of individuals in resolving disputes related to the exercise of discretion by public administrations. At the same time, the author emphasizes the positive side of the introduction of short stories in the new version of the CAS of Ukraine, namely the power of courts to impose obligations on the defendant to fulfill its obligations under law and bylaws, although the court has no right to specify ) must be accepted (committed) by the defendant; as well as the obligation to provide a mandatory indication of the need to take into account the legal assessment of the court in the decision, if the court only obliges the subject of power to resolve the issue using discretion.