Ensuring judicial control over the exercise of discretionary authorities by government subjects (In Ukrainian)

In the general case, discretionary powers mean the ability of a representative of the authorities to choose a decision option according to his own considerations, without being limited to a clearly defined decision option for a specific situation, that is, to act within certain limits at his own discretion. At the same time, this opportunity is a source of arbitrariness and corruption. Such apologists of the rule of law principle as A.V. Dicey and F.A. Hayek equate discretionary power with arbitrariness. Therefore, the problem of control over the exercise of discretionary powers by subjects of power is relevant. The object of research is discretionary power. The purpose of the study is to find out the rights and possibilities of courts in controlling the exercise of discretionary powers by subjects of power. Research tasks – summarizing the legal positions of courts in controlling the exercise of discretionary powers by government entities. The methodological basis of the article is, first of all, the documentary method, which is based on the study of regulatory legal acts and documents of court cases. The formal legal method became a tool for working out the legal positions of the Supreme Court, which reflect the peculiarities of the protection of individuals against the arbitrary actions of subjects of power in the conditions of legal regulation in Ukraine. The study is based on the works of S.B. Havrysha, O.V. Zaychuka, S. Rose-Ackerman, M.O. Baimuratova, L.M. Belkin and others. The results of the study are a generalization of the legal positions of the Ukrainian Supreme Court regarding judicial control over the exercise of discretionary powers by the subjects of government.