Specificity of judicial discretion in the administrative-jurisdictional process

Abstract

The article examines the specifics of judicial discretion in the administrative-jurisdictional process based on a complex systematic analysis from the standpoint of the modern understanding of administrative law with the use of general scientific and special methods of learning legal phenomena. Current administrative legislation distinguishes the administrative process in the resolution of administrative disputes, in proceedings in cases of administrative offenses and disciplinary proceedings, in the implementation of positive administrative procedures of a permit, registration and other nature. The administrative-jurisdictional process considered in a broad and narrow sense. Administrative-jurisdictional activity is social relations regulated by the norms of administrative-procedural law that arise within the scope of resolving a legal dispute (conflict) during the consideration of a case on an administrative offense, disputes of a public legal nature between individuals and legal entities and public authorities regarding the consideration citizens’ complaints, disciplinary proceedings, proceedings in connection with the application of measures of administrative coercion, in particular administrative warning and administrative termination. With regard to proceedings in the administrative-jurisdictional process, judicial discretion is the right and duty of the judge to freely choose one of several decisions regarding a specific case enshrined in the provisions of the Code of Administrative Procedure of Ukraine, the Economic Procedural Code of Ukraine, the Civil Procedure Code of Ukraine, based on worldview, professional experience and conviction, which is carried out in a procedural form for the benefit of the person, society and the state. In administrative-jurisdictional proceedings, discretion is exercised based on material norms, which act as a means of forming the legal basis for the actual occurrence of judicial discretion; consolidation of judicial discretion in normative acts; direct exercise of judicial discretion; implemented through procedural norms aimed at identifying the relationship protected by administrative and legal norms.