Azarova E.S. On the Formation of Law Enforcement Discretion
DOI: https://doi.org/10.15688/lc.jvolsu.2025.3.16
Ekaterina S. Azarova, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Criminal Law and Procedure, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-5130-1653
Introduction: the paper examines law enforcement discretion as an integral element of the law enforcement officer’s activities. The author analyzes the content of the concept of “law enforcement discretion” through the prism of its features. Special attention is paid to the mechanism of formation of law enforcement discretion, whose main elements are the establishment of the factual circumstances of the case, the qualification of the act, the interpretation of the legal norm, the choice of a solution and the ability to act at their discretion within the framework of the decision. It is emphasized that law enforcement discretion is a complex legal structure based on the knowledge of legal norms. Methods: the methodological framework consists of the methods of analysis and synthesis, system analysis, the formal legal, logical, comparative law methods. Results: the author’s approach to the category of “law enforcement discretion” is proposed and justified, its features are highlighted and the structure of the mechanism of its formation is proposed. Conclusions: as a result of the study, it is revealed that law enforcement discretion is an intellectual and practical volitional activity of a subject performing a law enforcement function and expressed in the form of a law enforcement act.
Key words: law enforcement, law enforcement discretion, discretion, mechanism of formation, interpretation of law, qualification of an act, intellectual and volitional activity.
Citation. Azarova E.S. On the Formation of Law Enforcement Discretion. Legal Concept = Pravovaya paradigma, 2025, vol. 24, no. 3, pp. 134-141. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2025.3.16
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