Annotation

The dispositive nature of civil law norms, which mainly provide for significant variability, determines the existence of various legal mechanisms through which flexible regulatory legal regulation is carried out. One of these mechanisms is the category of discretion, which acquires particular importance in the process of exercising civil rights by participants. The methodological basis of this study is the methods of analysis and synthesis, as well as the comparative legal method. In the article, the author analyzes approaches to understanding the category of discretion, including in the sectoral legal sciences. Attention is drawn to the different content of this category also in scientific works on civil studies. A definition of discretion is proposed, taking into account the subject's free-will choice of the most optimal and legal option for the implementation of the powers granted to him. The author justifies that discretion is a natural consequence of the presence in civil law of various valuation categories and dispositive legal constructions. In the process of exercising discretion, the strong-willed aspect of personal behavior is most demonstrably demonstrated. A logical conclusion is made that, within the framework of the exercise of discretion, the possibility of making a choice is most conducive to taking into account the interests of participants in civil relations.