Kharchenko M.V. Discretion of a judge during consideration of cases in administrative proceedings. – Qualifying scientific work on manuscript rights. Dissertation for the Doctor of Philosophy degree in specialty 081 - Law. – Zaporizhzhia National University, Zaporizhzhia, 2023. The paper examines the issue of the judge's discretion during the consideration of cases in administrative proceedings. On the basis of the analysis of professional doctrinal works, which can be used as a basis for the study of the judge's discretion during the consideration of cases in administrative proceedings, the directions of such research are tentatively identified: 1) scientific studies of the phenomenon of discretion in general, including in theoretical and legal and individual branches aspects (which allows us to carry out a general analysis of the concept, determine the signs, investigate the genesis of scientific views, clarify the structure of the legal basis for the regulation of the specified relations, carry out a classification division into types, etc.); 2) scientific studies of the resource of the judge's discretion during the consideration of cases in administrative proceedings, taking into account the results of scientific research by scientists-specialists in the field of administrative law and process (which allows to find out the specifics of the judge's discretion in the specified area, identify problems in law enforcement and formulate possible ways overcoming them). Such directions testify to the strengthening of the specialization of doctrinal research, which is characterized by a focus on certain features of the judge's discretion in administrative proceedings. The identification of the indicated directions and their specifics allows establishing a certain trend during the previous decade (2012-2022) regarding the specialization of doctrinal research in the context of the judge's discretion during the consideration of cases in administrative proceedings, and these trends should be maintained in the future, as well as ensure: a ) an in-depth study of the phenomenon of the judge's discretion during the consideration of cases in administrative proceedings, its limits in legal doctrine, and b) improvement of the provisions of the legislation, which establishes such limits and rules, as well as the practice of its application. In view of the conducted analysis of the consolidation of the normative principles of the exercise of the judge's discretion during the consideration of cases in administrative proceedings in the current legislation, it is possible to note the fragmentation of such regulation and the lack of a systematic approach in its regulation. It should be considered expedient to establish precisely at the normative level the peculiarities of the exercise of the judge's discretion during the consideration of cases in administrative proceedings with the establishment of clear boundaries. The periodization of the normative consolidation of the principles of the exercise of the judge’s discretion during the consideration of cases in the administrative court (during the independence of Ukraine) is conditionally highlighted: 1) general (1991 – 2005), characterized by the formation of international legal and constitutional principles of the exercise of the judge’s discretion during consideration of public legal disputes; 2) special (2005 - 2022), characterized by the adoption of the CAS of Ukraine, which defines the specifics of the normative consolidation of the principles of the exercise of the judge's discretion during the consideration of cases specifically in administrative proceedings. As part of the second stage, two sub-stages are also distinguished: a) new (2005 - 2017) - before the introduction of the CAS of Ukraine in the new edition and b) latest (2017 - 2022) - after the introduction of the new edition of the CAS of Ukraine. The concept of "discretion of a judge during the consideration of cases in administrative proceedings" is defined as the intellectual volitional activity of a judge (regulated by legislative norms) during the consideration and resolution of administrative cases, aimed at finding (determining) the optimal decision (action) option from several legally permissible options. Among the signs of a judge's discretion during the consideration of cases in administrative proceedings, the following are distinguished: 1) a special subject of exercise of discretion is a judge; 2) the sphere of objectification of the judge's discretion - administrative proceedings; 3) special character, because it covers professional activity (judges), law enforcement and judicial activity; 4) focus on the protection of the interests of persons in public-legal relations and the performance of tasks of administrative proceedings; 5) legality of the principles of application; 6) the possibility of application at different stages during the consideration of cases in administrative proceedings...
