Algorithmicized Administrative Discretion in the Mechanism of Administrative Law Protection of Property: The Normative Nature, Concept, and Procedural Guarantees

The article examines algorithmised administrative discretion as a mode of exercising the general legal institution of administrative discretion in the digital environment of public administration. It defines the concept and identifies three mandatory elements: a legally established scope of choice, prior digital formalisation and a legally significant impact of the system rule on an individual decision. The concept is distinguished from automation of bound powers, technical error and hidden rulemaking. Using property-related administrative procedures as examples, the article substantiates requirements for reasoning, reconsideration by an authorised official, a legal regime for system parameters, preservation of a digital audit trail and allocation of the burden of proof. It proposes incorporating these safeguards into legislation on administrative procedures and administrative acts.