Open AccessTo the problem of discretion in the application of the law
Author(s) -
Алексей Сергеевич Скударнов,
Aleksey Skudarnov
Publication year - 2016
Publication title -
advances in law studies
Language(s) - English
Resource type - Journals
eISSN - 2500-428X
pISSN - 2409-5087
DOI - 10.12737/23476
Subject(s) - discretion , judicial discretion , law , enforcement , political science , law enforcement , law and economics , sociology , judicial review
The article is devoted to the problem of discretion in the application of law. The concept of individual signs and enforcement, allowing to determine the location of discretion within it. In another example illustrates the role and importance of freedom of choice when resolving a specific legal case. The author examines the possibility of discretion at various stages of application of law: in establishing the facts of the case, with legal qualification and when making an act of application of law. In conclusion, the conclusion about the importance of discretion to exclude-equestrian, reasonable and fair decisions.