{"title":"On the theoretical model of the limits of law-enforcement discretion","authors":"Y. Onosov","doi":"10.18287/2542-047x-2022-8-1-7-13","DOIUrl":null,"url":null,"abstract":"The article provides a theoretical study of the concepts limits of law-enforcement discretion, limits of lawenforcement discretion, restrictions on law-enforcement discretion. The subject of consideration is also a significant number of classifications of the limits of law-enforcement discretion. Due to the lack of unity of opinion among legal scholars, various approaches are analyzed, attention is drawn to the theoretical and practical significance of the study of these issues. Attention is drawn to the importance of constructing a theoretical model of the limits of law-enforcement discretion based on the concept, features and classification of limits. The result of the study was the category limits of law-enforcement discretion, which is complex in the modern general theory of law. It is suggested that the use of the category enforcement discretion will allow a more complete and accurate description of the modern procedure of legal regulation. The author presents for discussion the issues, the solution of which will contribute to the creation of a theoretical basis for the problem of the margin of appreciation in law-enforcement practice.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"43 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Juridical Journal of Samara University","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.18287/2542-047x-2022-8-1-7-13","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
The article provides a theoretical study of the concepts limits of law-enforcement discretion, limits of lawenforcement discretion, restrictions on law-enforcement discretion. The subject of consideration is also a significant number of classifications of the limits of law-enforcement discretion. Due to the lack of unity of opinion among legal scholars, various approaches are analyzed, attention is drawn to the theoretical and practical significance of the study of these issues. Attention is drawn to the importance of constructing a theoretical model of the limits of law-enforcement discretion based on the concept, features and classification of limits. The result of the study was the category limits of law-enforcement discretion, which is complex in the modern general theory of law. It is suggested that the use of the category enforcement discretion will allow a more complete and accurate description of the modern procedure of legal regulation. The author presents for discussion the issues, the solution of which will contribute to the creation of a theoretical basis for the problem of the margin of appreciation in law-enforcement practice.