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.