Understanding the limits of discretion as an institution of criminal procedure

Purpose: Preparation of a comprehensive analysis of scientific approaches to the discretionary powers of the law enforcer and their limits, preparation of general conclusions. Methodology: Analysis, synthesis and formal legal methods were used. Results: The article defines the main positions of legal scientists on the institution of discretion in the modern criminal process and the limits of its application, a comprehensive analysis of these positions and ways to further improve the institution of discretion. Novelty/originality/value: The article has a high scientific value, because it is one of the first attempts at a comprehensive analysis of approaches to the little-studied and unregulated legislation of the institution of discretion and its limits, based on the results of the analysis, general conclusions have been prepared.