Legal guarantees for discretions of public authorities

The study presents a comprehensive analysis of special legal guarantees that ensure the lawful use of discretions by public authorities. The study is based on the objective conflict of the need for freedom of discretion for effective public administration and the risks of abuse of this freedom, leading to arbitrariness and violation of rights of individuals. The paper aimed to define and systematize the legal means drawing a line of discretion. The author uses dialectical, regulatory, dogmatic, and theoretical methods to consistently reveal the essence of discretions and substantiates their imperative legal limitation. The study identifies and investigates four key elements of special legal guarantees: 1) formalization of the scope, purposes, and grounds for discretion; 2) definition of terms, including legal definitions of discretions and discretion; 3) a system of principles for the implementation of powers (proper purpose, proportionality, validity, etc.); 4) effective judicial review. The paper describes the author’s innovative approach to understanding guarantees as a system of legal restrictions limiting the substantive and procedural boundaries of discretion. The analysis identified the issues of existing laws and law enforcement practices to develop specific proposals for resolving them, to strengthen the rule of law, and to achieve a balance between public and private interests.