Ensuring the legality when implementing the person of legal enforcement discretion

Автор: Nikitin A. A.

Журнал: Вестник Прикамского социального института.

Рубрика: Юриспруденция

Статья в выпуске: 3 (87), 2020 года.

Бесплатный доступ

The article is devoted to the study of certain aspects of the limitation of law enforcement discretion (legislative, technological) and the impact of this process on the state of legality. The article analyzes the typical shortcomings of legal regulation of law enforcement, identified in the course of prosecutorial supervision. The goal is to identify possible ways to eliminate certain deficiencies in legislation regulating law enforcement, and the role of the prosecutor's office in their implementation. Methodological basis: the totality of universal, general scientific, private scientific and private legal methods. First of all, the system and functional approaches are used in the work. As a result of the research, the author's position on the inadmissibility of excessive legislative limitation of law enforcement discretion was formulated, since this reduces the effectiveness of the application of law. Conclusions are made about the need for a balanced approach to the legal regulation of law enforcement, excluding the redundancy of regulatory material in certain areas, and strengthening the role of prosecutors in the formation of the country's legislation.

Еще

Law enforcement discretion, legality, prosecutor supervision, legal regulation

Короткий адрес: https://sciup.org/14126937

IDR: 14126937

Статья научная