Chukin D. S. The discretion in the law: conceptual framework

Abstract. The article examines the substantive features of the category of discretion through the prism of philosophy, sociology and General theory of law. It is concluded that granting the subject of law enforcement relative freedom of choice, in which he makes a decision based on his inner conviction, should first of all proceed from the concept of good, which is the basis of all human life. Avoiding justice as the goal of law and replacing it with legality, although it facilitates the application of law in the short term, cannot solve the ultimate goal of law — ensuring justice.
Keywords: legal norms, application of law, discretion, legality, fairness
For citation: Chukin D. S. The discretion in the law: conceptual framework. Izvestija of the Saratov Military Institute of the National Guard Troops. 2020;(1):155-160. Available from: https://svkinio.ru/2020/1(1)/Chukin.pdf. (In Russ.).