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.