An important place in the current conditions of decentralization of public power in Ukraine belongs to the issue of discretionary powers as an opportunity for the government to act at its own discretion. This possibility, as the authors note, is provided by the law itself, and the latter for some reason do not contain a definition of "discretion", which in turn complicates the legal definition of the content of these powers. Therefore, the authors analyze and present in the article several concepts formed by scientists and international organizations, and point to the need to establish a normative definition of "discretion".
 The article states that in foreign law the issue of discretionary powers is also actively explored, in the context of administrative or judicial discretion.
 In addition to the interpretation of the content of "discretionary powers", the authors also reveal issues related to the regulation of relations in the implementation of the latter. Yes, it is emphasized that the existence of any "discretion" is permissible and in line with the rule of law, but it directly requires the establishment of boundaries and judicial control.
 The purpose of limiting "discretion" is to prevent arbitrariness of both public authorities and local governments. Because the application of discretion should not contradict universal principles and the principles of public service, but also correspond to the task for which such discretion was applied.
 This position is also expressed by the European Court of Human Rights in its judgments, in particular in the case of Volokh v. Ukraine of 2 June 2006. Thus, the Court notes: "granting public authorities and their officials legal discretion in the form of unlimited power does not comply with the rule of law". Therefore, most states create effective mechanisms of control over discretion. In Ukraine, this obligation is assigned to administrative courts, in accordance with the Code of Administrative Procedure of Ukraine.