Renewal of terms in the course of the administrative proceeding as the court’s discretionary powers

Abstract

The article studies scientific and professional approaches to defining the concept of discretionary powers. Additionally, to define this concept, legal regulations of the European Union have been considered. To analyze the definition for discretionary powers in the administrative proceeding, the authors use the practices of the European Court of Human Rights and the national court, specifically the Supreme Court as part of the Cassation Administrative Court. In this scientific research, the domestic legislation concerning the legal nature of courts’ discretionary powers in administrative proceedings has been analyzed. Procedural law norms are studied in terms of legal regulation of terms in an administrative proceeding, consequences of their omission for a party, and the mechanism for their renewal are considered. The courts’ discretionary powers to renew terms during administrative proceedings are outlined. The understanding of the practical implementation of the court’s discretionary powers during the renewal of procedural terms in the course of an administrative proceeding is studied, and the practical problematics of the mentioned subject matter is analyzed through the prism of the established national judicial practice.