Дискреція публічної адміністрації: сутність і правове регулювання
Discretion of Public Administration: Essence and Legal Regulation

Summary/Abstract: The relevance of the topic is due to the significance of discretion in the activities of public administration. The purpose of the article is to analyze the legal nature of discretion and its manifestations in public administration. To achieve this, the following tasks were set: to clarify the content of the category of "administrative discretion"; to outline the legal regulation of the exercise of discretionary powers by public administration; to analyze the rules that apply during the exercise of discretionary powers. The research was made possible by using a complex of scientific methods, in particular, the analytical method was used to study the essence of administrative discretion and identify its elements; generalization – when determining the general features of the discretion of public administration; grouping method – when dividing discretionary powers into types depending on their content and implementation features. The use of these methods made it possible to structure the research and present its results in a logical sequence. It has been established that administrative discretion can be exercised when executive authorities and local self-government bodies perform a number of functions, including subordinate legislation, resolution of administrative cases, concluding administrative contracts, resolving issues of public service, and other matters of an internal and external organizational nature. The key elements of discretion are considered, which are authority, choice, and decision, which together form a legally significant instrument for the power influence of public administration. It has been proven that public administration decisions made on the basis of administrative discretion may involve the choice of different behavioral options: to act (make a decision) or refrain from acting (making a decision); to act (make a decision) in the form of one of the proposed alternatives; to act (make a decision), guided by one’s own vision, common sense and prudence, but at the same time, without going beyond the Constitution and laws of Ukraine. Based on the research conducted, conclusions were drawn and recommendations were made regarding the need to comply with the principles of administrative procedure when exercising discretionary powers by public administration, especially significant among which are the conditions for ensuring legality

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