The Limits of the Court's Powers in the Framework of Judicial Proceedings in Cases of Contesting Administrative Acts

The institution of the administrative legal act is fundamental to the development of
administrative law. Such acts may be used to exercise both “bound” powers and administrative discretion, i.e., discretionary authority. Taking into account the constitutional principle of the separation of powers, as well as the possibility of judicial review of any administrative acts, including discretionary ones, it is necessary to provide a clear definition of the limits of judicial review of administrative legal acts. The article analyses existing administrative and administrative-procedural legislation governing both the adoption of administrative legal acts and the procedures for
their judicial review. It examines the specifics of individual statutes in this field, including relevant provisions of the Code of Administrative Procedure of the Russian Federation and the Arbitration Procedure Code regarding the limits of judicial scrutiny of administrative legal acts. The article also reviews the legal positions of the Supreme Court and the Constitutional Court of the Russian Federation, identifying the principles reflected in their jurisprudence. The study concludes that it is both necessary and possible to review the legality of discretionary administrative acts within certain limits and identifies several emerging principles in judicial practice—such as proportionality, balance, and the protection of citizens’ trust—that should guide such review. The article also stresses that it is insufficient for these principles to exist only in the jurisprudence of higher courts; they must be codified in administrative and administrative-procedural legislation. Further scholarly analysis of discretionary administrative acts and the specifics of their judicial review is also required.