Principles Governing the Exercise of Discretionary Powers by Public Authorities: Systematic Structure and Constitutional-Legal Foundation

Abstract

This study aims to substantiate the need to establish a modern system of principles for the implementation of the discretionary powers of public authorities as a fundamental element of their operational mechanism. This study provides an overview of the principles of the principles governing the exercise of discretionary powers, as outlined in international and national legal frameworks. Key principles such as the rule of law, legality, reasonable restraint, equality, legal certainty, objectivity, impartiality, and proportionality are identified, and their constitutional and legal interpretations are analyzed. Special attention should be given to the importance of constructing a coherent system of principles for exercising discretionary powers. The following classifications are proposed: 1) Fundamental principles: the rule of law and legality is of paramount importance in shaping the legal institution of discretionary powers; 2) General principles: proper use of discretionary powers, equality before the law, objectivity, impartiality, and reasonable timeframes; 3) Special principles: proportionality and constitutional restraint. In addition, the principle of prudentiality is highlighted as a distinct principle, despite its absence in national legislation, as it is applied in the practices of certain authorities. This study concludes that the formal legal establishment and practical application of the aforementioned principles not only share the nature and outcomes of interaction between public authorities but will also provide robust guarantees for the rights, freedoms, and legitimate interests of individuals and organizations, protecting them from abuse and arbitrariness