To the Issue of Combating Corruption During Martial Law: the Importance of Avoiding Discretionary Provisions in the Legislation

The article analyzes the issues of combating corruption during martial law, emphasizing the importance of avoiding discretionary norms in legislation. The author examines the main features of discretionary powers and analyzes the consequences of the use of administrative discretion. The author analyzes the provisions of legal acts regarding the definition of the concept of discretionary powers. The author establishes that discretionary powers have clear limits specified in the legislation.

The author describes the problem of creating effective mechanisms for controlling the use of discretionary powers, especially when they relate to the protection of human and civil rights and freedoms enshrined in the Constitution of Ukraine. The author proves that administrative discretion is manifested through various types of administrative activities which are carried out in various forms. 

The author emphasizes the importance of continuing the development of the public administration system during martial law, since stopping this process would not only lead to stagnation of public relations in the field of functioning of certain public institutions, but would also have a negative impact on the vital activity of the State and society as a whole.

The author emphasizes the need for further improvement of legislation to avoid discretionary norms. The author emphasizes that protection of the rights and freedoms of citizens which have been violated due to decisions made on the basis of administrative discretion and the use of discretionary powers may be ensured through administrative procedure or through administrative proceedings. Thus, within the framework of the rule of law with a social and democratic orientation, any administrative discretion should be limited by generally recognized law and should be consistent with all principles and values of the legal system.

Based on the results of the analysis, it is concluded that avoiding discretionary norms is an important step towards guaranteeing human rights under martial law. This means clearly defining the powers of the authorities to prevent deviations from the principles of democracy.