The Limits of Judicial Review With Regard to the Discretionary Administrative Acts: the Practice of the European Court of Human Rights and Ukrainian Realis

In this article it was attempted to identify the judicial review limits with regard to discretionary administrative acts. Analysis of the European Human Rights Court decisions allowed to identify the criteria sufficiency of reviewing such acts by the court. The study of Ukrainian courts practice led to the conclusion that, in the resolution of claims on the legality of acts adopted by the administrative authorities «at its discretion», the courts consider both issues of law and issues of fact. However, while formulating the operative part of its judgment, the courts have the right to «direct» the subject of power to commit only the action that is not the result of the implementation of discretionary power; and vice versa – they cannot be obliged to perform an act which administrative authority provides «at its discretion» according to the law.