Directions for improving the regulatory framework for the use of discretionary powers by law enforcement agencies in administrative legal relations
Abstract
The article notes that limiting the discretionary powers of law enforcement agencies through the implementation of legislative provisions which would detail and set the limits for the application of these powers is seen as one of the primary tasks for these institutions to comply with the rule of law and is considered to be the main leitmotif of the process of improving the regulatory framework for the use of discretionary powers by law enforcement agencies in administrative legal relations.
The emphasis is placed on the fact that recently, in the activities of law enforcement agencies, including administrative law enforcement, there have been such negative trends as concealment of offences, corruption, bribery, and dishonest behaviour of officials. Such a situation, which is the result of sometimes unlimited use of discretionary powers by these entities, creates a huge public outcry, reduces the level of public confidence in the law enforcement system of the State as a whole, and destabilises society, which is especially dangerous in wartime. It is noted that the primary task in the process of solving the described problems and minimising the adverse effects of decisions made by law enforcement officials in the course of administrative discretion is to develop a targeted legislative policy aimed at optimising the limits of discretionary powers by establishing the necessary legal framework for their exercise.
It is also emphasised that in order to implement these initiatives, it is necessary to increase the effectiveness of measures to improve the rulemaking technique, i.e., the set of technical and legal means, methods, techniques and methods by which a draft legal act is created. The paper proposes that when developing and adopting new acts, it is mandatory to introduce the most complete and accurate definition of the terms (concepts) used, especially those involving the use of discretionary powers. It is concluded that it is advisable to provide for the level of bodies (officials) which are granted the relevant discretionary powers in the regulations.
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