The mechanism of formation of law enforcement discretion

Abstract

The article examines the stages of the formation of the discretion of the law enforcement offi cer, which fi nds expression in the adopted law enforcement act. It is concluded that the mechanism for the formation of law enforcement discretion functions in parallel with the mechanism of the application of law. At each stage of the law enforcement process, the authorized entity implements one or more discretions on issues that constitute the essence of this stage. Such discretionary elements often do not have external expression and do not have an independent meaning. They, with varying degrees of intensity, infl uence the adoption of the main decision in a legal case. The study of the structure of the mechanism for the formation of law enforcement discretion allows us to demonstrate the objective nature of the existence of this type of discretion and its independence from the presence of discretionary elements in the applicable rule.