Discretion in Terms of Digitalization

Abstract

Currently, information technologies are being developed and introduced into various spheres of public relations. State regulation and the judicial system are no exception. In this regard, not only the formats of legal relations are changing, but also traditional approaches in justice and administrative regulation. Therefore, it is necessary to consider the influence of discretion in various kinds of relations and the political and legal system. Separately, the issues of judicial discretion and internal conviction of the judge in the conditions of digitalization are investigated. The purpose of this work is to determine legal decisions based on information technology and the implementation of judicial discretion in modern conditions. The above goal is realized by identifying the reasons for the lack of an effective assessment of discretion in various areas of public administration. The research methods are formal-legal, logical, and systematic. Brief conclusions are the need to develop legal discretion in modern national realities. The authors distinguish between the content of “judicial discretion” and “internal conviction” of a judge from the perspective of the implementation of professional activity in the conditions of digitalization and technologization of justice. The necessity and efforts of the leading role of the court (in the person of a particular judge) from the perspective of the emergence of various kinds of risks with the widespread use of digital products, as this contributes to the abuse of the law, are noted.