FREEDOM OF DISCRETION IN ADMINISTRATIVE LAW: THEORETICAL AND LEGAL ANALYSIS

The article provides a comprehensive analysis of the peculiarities of the application of freedom of discretion in administrative law, since, given that society in its continuous development is characterized by the dynamism and the emergence of various social relations, the legislator cannot always foresee possible options for the development of social relations and legalize their norms of law, therefore the institute Discretion in administrative law becomes important. Thus, the author examines the essence of the concept of "administrative discretion", since in today's science of administrative law, there are many approaches to the definition of administrative discretion, but there is no clear definition of this concept, so there is no clear, consistent understanding of its essence. In addition, its main properties and reasons for its application are determined. Thus, it was determined that the root cause, which causes the practical necessity of this institute, is the dynamics of development and the significant complication of social relations that require legal regulation and, as a result, the emergence of non-individually-specified, but abstract, rules of conduct. Particular attention is paid to the study of the criteria for determining the limits of the use of administrative discretion, which leads to the conclusion that the discretion should be limited to the law, that is, based on the norms of law and not to contradict them, as well as not violate the rights of others. In addition, the main problems that arise in violation of the limits of the application of freedom of discretion in administrative law are outlined. In particular, the author states that cases of administrative discretion are widespread in Ukraine, the reasons of which are: unclear laws that create the illusion of having high authority in an official; lack of proper level of preparedness and knowledge of an official, which may lead to a careless excess of his authority; intentional departure beyond its competence. In addition, it is noted that there is a danger of excessively wide administrative discretion, which often turns into arbitrariness, promotes the development of official abuses, and also generates mistrust of citizens to the Ukrainian authorities.