Features of legal discretion in different legal systems
The article deals with the specifics of law-making and enforcement discretion in different legal systems. The author considers the concept of the legal system and classification of legal systems, dwells on the characteristic feature of the law-making and enforcement discretion in the legal systems relating to the Romano-Germanic, Anglo-Saxon, religious and traditional legal families. Having analyzed the main aspects when different legal systems allow law-making and law enforcement discretion, the author concludes that the legal discretion is present in all legal systems mentioned above. Specific features of Romano-Germanic, Anglo-Saxon, religious and traditional legal system determine the degree of ''fulfillment'' with legal discretion of each legal system and the level of the ratio of lawmaking and law enforcement discretion. The aim of the study is to identify the general and specific features characteristic of a legal judgment in the legal systems of different legal families. Results of the study will help to determine more accurately the optimal scope of lawmaking and enforcement discretion for different legal systems. In addition, in the context of globalization, emergence and development of inter-state association there is a tendency to bring closer different legal systems of such associations and unions. It happens even if legal systems belong to different legal families. At the same time legal systems can acquire new positive and negative qualities.