Judicial discretion in the context of global transformations of modern society

The relevance of this study is due to the fact that, despite the complexity and multifaceted nature of the concept of judicial discretion (discretion) and the ongoing discussions regarding the criteria for applying this form of law enforcement activity, discretion, against the backdrop of global transformations of modern society, practically does not appear in legal research on law enforcement topics. In an effort to minimize the identified gap in scientific work and analyze the state of functioning of discretionary powers in the current conditions, the article aims to investigate the functioning of judicial discretion in the context of global transformations of modern society. At the same time, in order to conceptually understand the concept of discretion and the problems of its application in modern realities, it was decided to carry out this scientific investigation in a philosophical and legal context. Using such general scientific methods as analysis, synthesis, generalization, induction, deduction, analogy, the primary role is assigned to the sociodynamic approach, with the help of which it was possible to come to the conclusion that the global transformations of modern society have also led to corresponding shifts in the political and legal spheres. Hence, the discrepancy between the rapid evolution of legal relations and the relative immutability of the legislative framework is becoming increasingly obvious, and therefore there is a growing urgent need to review the essence and range of discretionary powers as a means of closing the gaps between the aforementioned discrepancies. Therefore, the author of the article defends the view that the methodology for applying discretionary powers requires a revision of a number of its theoretical foundations. Such a review should be based on comprehensive approaches to understanding and implementing the law, which will allow combining the advantages of different methodological approaches and thereby increasing the correspondence between the internal convictions of law enforcement entities and the real circumstances of a particular case. In the author’s opinion, this can be implemented by expanding the boundaries of discretionary powers towards judicial activism aimed at the optimal combination of law enforcement and law-making aspects of judicial proceedings. The article paid special attention to the new principles of judicial administration, formed under the influence of current socio-political processes, in particular, the involvement of artificial intelligence technologies, the legalization of judicial activism, etc.