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This article aims to the study of discretionary powers of subjects of power and the courtof the method of protection during administrative proceedings. The article presents the concept of discretion, framework, the history of the emergence of the concept of discretionary powers and the consolidation of this concept not only in domestic legislation but also in international instrument.The author claims that not all decision-making powers of the authorities are discretionary. Discretion is valid only when, within the framework of the law, a state body can independently (at its own discretion) choose one of several options for a specific legal decision. At the same time, the powers of state bodies are not discretionary, when there is only one lawful and legally justified variant of behavior of the subject of power.It was noted that discretionary powers should be limited by the current legislations. Their unjustified expansion will contribute to illegal decisions, increase various negative phenomena, including abuse of power.The article analyzes the numerical practice of the European Court of Human Rights, which enshrines the principle of prohibiting the intervention of the judiciary in the discretion of state authorities and substituting themselves for these bodies by making decisions on cases of legal entities or individuals. At the same time, it is emphasized that the Code of Administrative Judicial Procedure does not contain clear provisions that should guide the courts in determining the limits of judicial discretion. However, the court must be guided by the rules of substantive and procedural law, the principle of the rule of law. On one side, the court cannot exceed the limits of its intervention, but on the other side, its intervention must be effective and sufficient to ensure the implementation of the tasks of administrative proceeding and review of decision, action or inaction of the subject of power in accordance with the criteria of the Code of Administrative Judicial Procedure of Ukraine (section 2). Establishing the fact that the subject of power has the right to act in deciding at its discretion and compliance with the subject of the application of all the conditions prescribed by law to obtain a positive result affects the method chosen by court to protect individual rights.Keywords: discretion, discretionary powers, limits of application, judicial control, exceeding of authority.

Features of the implementation of discretionary powers by subjects of power and courts of the method of protection during administrative proceedings.