ALGORITHMIC DISCRETION OF PUBLIC AUTHORITIES AND JUDICIAL REVIEW

Pilyukova Sofia Igorevna

The article examines the transformation of public discretion in the context of the algorithmizing of public administration and substantiates the need for its specific normative definition as an independent object of legal regulation. It is demonstrated that the relocation of discretionary decision-making to the level of programming and data processing necessitates risk-based limitations on algorithmic autonomy, as well as the establishment of requirements for transparency, reasoned justification, and mandatory human review. Drawing on domestic and foreign doctrinal approaches, the paper identifies pathways for institutionalizing a standard of judicial review focused on assessing the permissibility of delegating discretion to digital systems and ensuring the procedural contestability of their outcomes. A model of comprehensive judicial control is proposed, integrating legal, evidentiary, and technological elements and aimed at safeguarding the primacy of human rights and the rule of law within the digital environment of public governance.

Keywords:algorithmic discretion, public administration, judicial review, automated decision-making, risk-based regulation