JUDICIAL DISCRETION OF A LAW-ABIDING SUBJECT IN THE LAW-ENFORCEMENT SPHERE
Various interpretations of the notion "discretion of the court" from the point of view of Russian and Soviet lawyers are shown in the paper. The author accents attention to the circumstance that a number of scientists - lawyers connect the problem of discretion of the court in a law enforcement process with the existence and application of a sociological way of rights interpretation, which is especially actual at radical, qualitative changes of public attitudes, and the reformation of a social organism. The influence of the discretion on the process of resolution of criminal, civil and administrative cases is considered there. The author believes that the lawmaker carries out his opportunity of the discretion of a law enforcement subject by means of relatively certain and alternative sanctions. An opportunity of the application of the discretion by law-enforcement officers not only at the stage of the qualification of offences, but also at other stages of law-enforcement is r evealed. The specificity of operation of moral principles in the sphere of criminal legal proceedings is also described.