Chukin D. S. Discretion as a way to implement the principle of justice in law

Abstract. Judicial discretion is considered as a complex decision-making procedure in a situation of uncertainty, in which epistemological, psychological, logical and moral mechanisms are involved. Justice as a principle that is guided by the subject of discretion is considered not as legality, but as a socio-cultural value that includes attention to difference. Judicial discretion is studied as the activity of a subject (law enforcement officer) who synthesizes (assembles) components important and necessary for decision-making. In view of the key role played by the subject of discretion, he must have high personal and professional qualities corresponding to his position, which gives the right to make decisions at discretion.