УСМОТРЕНИЕ КАК ЭЛЕМЕНТ ПРАВОСОЗНАНИЯ И ДИАЛЕКТИКА ЕГО РАЗВИТИЯ В МЕХАНИЗМЕ ПРИНЯТИЯ ДИСКРЕЦИОННОГО РЕШЕНИЯ СУБЪЕКТАМИ ПРАВОВОГО РЕГУЛИРОВАНИЯ

Abstract

The rational and mental nature of discretion of the subjects of legal regulation was discussed. The relevance of the psychological approach in the study of discretion as a legally significant reflection was substantiated. In the context of the dialectical principles of interrelation, consistency, and causality, the psychological mechanism of making a discretionary decision by the subjects of legal regulation was revealed, and its main stages were singled out. The importance and constituent elements of the law-regulating situation were considered. The functional potential of discretion as a rational and mental resource of legal regulation, which has a great influence on it and its results, was revealed. The essence of the concept of discretion of the subjects of legal regulation was identified. It was concluded that there are stable and necessary connections between legal regulation and discretion as an element of the legal consciousness of its subjects. These connections determine the discretionary nature of legal regulation. As an element of the legal consciousness of the subjects of legal regulation, the essence of discretion is in a normatively conditioned evaluative perception of the legally important conditions and circumstances of the law-regulating situation that determine the validity of the grounds for adoption of a normative, law-enforcing, and law-interpreting legal act in the context of the relevant social needs and interests of the development of society, state, and individuals.