RENEWAL OF TERMS IN THE PROCEDURE OF ADMINISTRATIVE JURISDICTION AS DISCRETIONARY AUTHORITIES OF THE COURT

The article examines scientific and professional approaches to the definition of the concept of «discretionary powers», to define this concept the authors use and refer in their work to the normative legal acts of the European Union, national legislation, scientific works of Ukrainians researchers. In addition, the authors analyze the definition of «discretionary powers in administrative jurisdiction», in this connection the authors use the practice of the European Court of Human Rights and the practice of the national court, namely the Supreme Court as part of the Cassation Administrative Court. This scientific study also analyzes Ukrainian legislation regarding the legal nature of discretionary powers of courts in administrative jurisdiction. The norms of procedural law on the subject of legal regulation of time limits in administrative jurisdiction, the consequences of their omission for the party, the renewal mechanism, procedural time limits established by legislation and which can be renewed by the court are studied. Renewal of terms in the procedure of administrative jurisdiction is considered as a discretionary power of the courts. The understanding of the practical implementation of the discretionary powers of the court during the renewal of procedural terms in the order of implementation of administrative jurisdiction is investigated, the practical problems of the mentioned issue are analyzed through the prism of the established national judicial practice. The authors also examine the difference between procedural stages such as «renewal of terms» and « prolongation of terms». The relevance of the researched topic is due to the absence of a legislative definition of the grounds and conditions for the renewal of missed deadlines in the order of administrative jurisdiction, the need to carry out scientific and practical research on the issue of the practical implementation of the discretionary powers of the court during the renewal of procedural deadlines, the identification of problems and ways to solve them.