Law enforcement risks in the process of implementing the institution of legal discretion

Analyzing the issue of law enforcement risks in the field of legal discretion, the author of the article explains its relevance, meaningful content, the need for research and possible practical threats to the protection and protection of human rights. Particular attention is paid, including to legal phenomena and institutions that influence, concretely shape and determine relevant risks within the limits of legal discretion, as well as interrelated with them, in particular: principles of law, human rights, legal guarantees of human rights, public legal administration and methods and mechanisms of regulating social relations. In addition, the author of the article systematically and structured approaches to the study and knowledge of the fundamental factors and constituent parts of the institution of legal discretion itself, which can directly influence the threat of legal enforcement risks during the practical implementation of legal discretion. The article paid special attention to such key law-enforcement risks of the practical implementation of the institution of legal discretion, as: a) non-compliance of the process of application of legal discretion with the fundamental principles of law, including the principle of the rule of law and legal certainty; b) violation of human rights, in particular in connection with non-compliance with the requirements regarding the limits of legal discretion by judges, officials of state authorities, local self-government and officials of controlling and law enforcement authorities; c) excess of power and official powers or abuse of power by the above-mentioned legal subjects who use discretionary powers in their professional activities; d) lack of objectivity and involvement of judges who pass relevant court decisions in the process of judicial control over the implementation of their discretionary powers by officials of state authorities and local self-government; e) corruption risks when applying the institution of legal discretion. The author of the article from the point of view of the theory of law briefly but meaningfully investigated each of the specified law enforcement risks of legal discretion and separately analyzed their relevance, practical threats and possible negative consequences for the doctrine of law, as well as applied jurisprudence.