Algorithmicized Administrative Discretion in the Mechanism of Administrative Law Protection of Property: The Normative Nature, Concept, and Procedural Guarantees

The article examines algorithmised administrative discretion as a mode of exercising the general legal institution of administrative discretion in the digital environment of public administration. It defines the concept and identifies three mandatory elements: a legally established scope of choice, prior digital formalisation and a legally significant impact of the system rule on an individual decision. The concept is distinguished from automation of bound powers, technical error and hidden rulemaking. Using property-related administrative procedures as examples, the article substantiates requirements for reasoning, reconsideration by an authorised official, a legal regime for system parameters, preservation of a digital audit trail and allocation of the burden of proof. It proposes incorporating these safeguards into legislation on administrative procedures and administrative acts.

Authors

Publication Details

Journal
Administrative law and procedure
Published
2026-10-29
DOI
https://doi.org/10.18572/2071-1166-2026-11-15-18
Primary Topic
Administrative Law and Governance
Type
article
Field-Weighted Citation Impact
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article

Algorithmicized Administrative Discretion in the Mechanism of Administrative Law Protection of Property: The Normative Nature, Concept, and Procedural Guarantees

Maksim A. Uvarov
3 links
Administrative law and procedure
Administrative Law and Governance
article

Algorithmicized Administrative Discretion in the Mechanism of Administrative Law Protection of Property: The Normative Nature, Concept, and Procedural Guarantees

Maksim A. Uvarov
article en

Abstract

The article examines algorithmised administrative discretion as a mode of exercising the general legal institution of administrative discretion in the digital environment of public administration. It defines the concept and identifies three mandatory elements: a legally established scope of choice, prior digital formalisation and a legally significant impact of the system rule on an individual decision. The concept is distinguished from automation of bound powers, technical error and hidden rulemaking. Using property-related administrative procedures as examples, the article substantiates requirements for reasoning, reconsideration by an authorised official, a legal regime for system parameters, preservation of a digital audit trail and allocation of the burden of proof. It proposes incorporating these safeguards into legislation on administrative procedures and administrative acts.

Administrative law and procedure
Peace, justice, and strong institutions
Openalex Percentile: Top 4%
Administrative Law and Governance
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