Comparative analysis of the concepts of “law enforcement agencies” and “discretionary powers” in the international legal systems

Abstract

The article makes a comparative analysis of the concepts of “law enforcement agencies” and “discretionary powers” in the international legal systems on the example of the USA, the UK, Germany, France and Japan. The purpose of the study is to examine the legal acts that define the functioning of these concepts in each country, as well as to analyse in-depth the mechanisms of their implementation within the framework of legislative and practical activities of law enforcement agencies. An important part of the study is an assessment of how national legal systems interpret the powers of law enforcement agencies, including the police, prosecutors and other state institutions that contribute to law enforcement and security. Particular attention is paid to how these powers affect the efficiency and effectiveness of law enforcement, as well as the ability of law enforcement officers to make decisions in real, often unpredictable situations.

In addition, important aspects of the legal regulation of discretionary powers, including control and accountability mechanisms, which allow ensuring their fair application in each country, are investigated. The research shows how the legal framework affects the functioning of law enforcement agencies, and what principles should guide public authorities in the exercise of discretionary powers to prevent possible abuse.

The main idea of the study is that although the concept of ‘law enforcement agencies’ in all these countries has common features, approaches to their activities and the definition of discretionary powers may differ significantly depending on national legal systems, cultural traditions and specific legislative acts. The article highlights how countries regulate the discretionary powers of the police and other agencies, giving them freedom of action in situations where there is no clear legislative guidance, and what control and accountability instruments are applied to such agencies. In particular, the influence of constitutions and special laws, such as the Police Act in the UK, the Administrative Procedure Act in Germany, as well as certain provisions of Japanese and US legislation on discretionary powers are considered. Particular attention is paid to how these powers allow agencies to apply flexible solutions in different legal situations, while maintaining a balance between legality and efficiency.

The study concludes that discretionary powers are an integral part of law enforcement systems, but require clear regulation and control to ensure their fair application, which allows ensuring law and order and protection of citizens’ rights.