DISCRETIONAL

POWERS OF THE STATE

AUTHORITY
Discretionary powers are a set of rights and obligations of
government officials as a state level, and at the regional
level, including representatives of society, who are
authorized to act on behalf of the state or any local
government, who have the opportunity to provide full or
partial definition and content and type of management
decision. This person can also choose decisions in specific
regulations or similar documents provided for specific
situations.
This definition refers to the actions of a public authority to
choose a decision exclusively within the law. The practice is
somewhat different, when the courts point out the
inadmissibility of interfering in the actions of a public
authority and their substitution, in fact leaving their illegal
actions (for example, failure to issue a permit and the
principle of tacit consent) to act in the legal field legalizing
illegal activities.
The limiting factor for the decisions of government officials
according to the definition of discretion is law and justice.
It should not be overlooked that the discretionary authority
may not comply with the relevant legal act and violate the
law when making a decision, as a result of which an
incorrect decision will be made.
It should be noted that on the basis of legal science
there is a clear position that the need to limit the
discretionary powers and arbitrariness of government
officials over the rights of any entity is the main
feature of a legitimate state and society.
However, it is worth noting the sad fact that today
less and less administrative courts are able to
condemn the illegal actions of government officials.
Some experts even call it impossible.
 Based on the above, the following
conclusions can be drawn.
On the one hand, it is a positive trend that courts do not interfere in the
activities of public authorities and leave issues that fall within the
competence of the latter to their competent discretion.
On the other hand, such developments deprive individuals and legal entities
of an effective way to restore their violated rights, even in cases where the
court simultaneously establishes the fact of violation of such rights.
We believe that if the refusal of a state body is found to be illegal, if there are
all the necessary legal grounds, it will not be a violation or interference in
the discretionary powers of a public authority to issue a decision by an
administrative court.
In such circumstances, the issues raised require the attention of both scholars
and legal practitioners to find a way out together. An effective way to
address this issue and direct administrative courts in the direction of lawful
and fair, reasonable and effective justice, in our opinion, is to amend the
Code of Administrative Procedure which properly protects the rights of
citizens to perform their functions by the state by issuing court decisions on
obligations public authority to take clear and specific actions on court
decisions.