SOME THEORETICAL PRINCIPLES OF THE APPLICATION OF DISCRETIONARY POWERS BY LAW ENFORCEMENT BODIES WHEN PERFORMING CONTROL AND SUPERVISORY FUNCTIONS

Abstract

The article analyses the concept, tasks, principles and functions of control
and supervisory powers of law enforcement agencies of Ukraine. It is noted that
the purpose of control and supervision is to ensure national interests and values
protected by the State, as well as the actual state of affairs in a particular process.
This mechanism is implemented by comparing the compliance of this state with
the intended goals and, if necessary, applying corrective measures to bring the
controlled object to the proper state. The author emphasises that the implementation of control and supervision
activities is an uncompromising right and obligation of public authorities, and it is
carried out in strict compliance with the provisions of current legislation, and
ensures the implementation of the constitutional principles of democracy, the rule
of law and the separation of powers for the effective functioning of the State. The
author highlights a special criterion of control and supervision activities - focus on
ensuring the rule of law in public administration and law and order in society. It is
stated that the control and supervisory activities of law enforcement agencies can
be characterised as a specific area of public administration aimed at ensuring law
and order in various spheres of public life, which is manifested in the same
content of the activities of authorized state bodies to timely identify problems,
create conditions for their resolution and eliminate conflicts between the
authorities and subordinate structures, which is carried out with the help of
special legal means.
It is emphasised that the discretionary powers of law enforcement agencies
in the course of control and supervision provide for wide opportunities for their
application. It is noted that general approaches to the exercise of discretionary
powers by law enforcement agencies with regard to the objects of control and
supervision have a similar legal nature to other areas of their application in the
course of law enforcement activities.