Логіко-методологічні основи розсуду суб’єктів правозастосування

The proposed article attempts to investigate the discretion of law enforcement subjects in the context of its logical and methodological foundations. This is due primarily to the fact that when studying the available works on the topic, although a fairly significant range of scientific works on the subject of the given problem was established, along with this, there is a significant shortage of works aimed at finding ways to prevent, or at least minimize, negative manifestations discretion of law enforcement subjects when exercising their discretionary powers. The research advocates the opinion (which is based on the views of foreign and domestic scientists and practitioners) that the basis of discretionary procedures are primarily the logical and methodological foundations of such considerations, because otherwise such discretion can turn into subjectivism or even procedural arbitrariness. As a result of the righteous research, the conclusion was clarified and formed that the judgment of law enforcement subjects should be clearly consistent with the logical principles of reasoning, by ensuring an increase in the degree of objectivity and optimization of discretionary decisions, because such an agreement can significantly expand the possibilities of objectifying the criteria for evaluating evidence, streamline the process of forming discretionary decisions and the evidentiary nature of the judgment of law enforcement subjects, based not only on subjective internal conviction, but also on the substantiation of this conviction by objective-logical laws of rationality. The article is very original, since no one has investigated the discretion of law enforcement subjects in this way until now, and it is quite relevant, since legal circles have long been discussing the need for discretion as a tool of law enforcement, especially in our time, when society strives for openness and clarity of this or that decision. The research also has great practical significance, because it is impossible to understand this or that subject or phenomenon if they are not explained from a logical point of view. The issues raised in this article should obviously become the subject of deeper study at the level of monographic studies and be a reason for further scientific debates.