Approaches to understanding and ways of administrative and legal regulation of discretionary powers of local self-government bodies in the field of land relations

The article is dedicated to a detailed study of the discretionary powers of local self-government bodies in the field of land relations, taking into account the new approaches enshrined in the Law of Ukraine “On Administrative Procedure. The study examines the theoretical aspects of discretionary powers in both narrow and broad senses. Analyzing the definitions established in the Law of Ukraine «On Administrative Procedure», the author provides their understanding of discretionary powers “in the narrow sense” as the ability of an administrative body to choose one of several options for decisions that are lawful and meet the purpose for which such powers are granted. This creates space for making individual administrative acts within the framework of administrative procedures. Such powers are limited to the adoption of individual acts aimed at resolving specific land issues. Discretionary powers in the broad sense, on the other hand, should be understood as the authority granted to local self-government bodies based on a law or other regulatory legal act, allowing these bodies to independently regulate legal relations in the field of land relations. These powers include the ability to make decisions at their own discretion, particularly through the issuance of normative acts. This regulation must comply not only with the requirements of general legislation but also be aimed at achieving the goals set out in special legal acts, as well as in local regulatory legal acts adopted by the local self-government bodies themselves. The author also emphasizes the need for further development of doctrinal approaches to discretionary powers, which should contribute not only to improving the efficiency of law enforcement but also to creating legal mechanisms that ensure an adequate level of control over their implementation. The article highlights the importance of developing legal guarantees for the protection of citizens’ interests in the context of the exercise of discretionary powers by local authorities in the field of land relations. The author believes that this will contribute to increasing the transparency and accountability of local self-government bodies, as well as ensuring fairness and legality in decision-making.