The dissertation research is devoted to a comprehensive theoretical and legal analysis of legality and expediency in the process of law enforcement, determining the limits of the permissible use of expediency during the exercise of power, as well as developing practical recommendations for improving legislation and legal practice. The relevance of the topic is due to the need to simultaneously ensure strict compliance with the law and make effective, fair and timely decisions in complex legal situations. The work reveals the modern understanding of the principle of legality as a multidimensional legal category, which includes not only the formal implementation of legal provisions, but also the compliance of the state’s activities with the principles of the rule of law, justice, legal certainty, equality before the law and the real protection of human rights. The historical evolution of this principle is studied – from the perception of the law as an instrument of power to the modern understanding of it as a means of limiting state power and guaranteeing individual freedom. Special attention is paid to legal expediency as an independent category of law enforcement. It is defined as the legally permissible freedom to choose the most reasonable, fair and effective solution among several legitimate options within the competence of the authorized entity and in accordance with the purpose of the law. It is argued that expediency does not oppose legality, but acts as a necessary tool for its practical implementation in cases of legal uncertainty, gaps, conflicts, evaluative concepts or alternative ways of legal response. For the first time, the author's approach to the category of “limits of the permissible” as a universal criterion for assessing the legality of taking into account expediency is proposed. These limits define the requirements of legality, proportionality, reasonableness, good faith, legal certainty, prohibition of arbitrariness and effective control. A model of the mechanism for implementing legal expediency is developed, which includes successive stages: establishing the legal situation, determining the boundaries of competence, analyzing permissible alternatives, choosing the most justified solution, its implementation and further control. Legal expediency is characterized as a process of intellectual and volitional activity and as a result in the form of a law-enforcement act that most fully meets the goals of legal regulation and the specific circumstances of the case. The paper improves approaches to classifying forms of implementing legal expediency depending on the sphere of legal activity, the decision-making subject, the level of public authority, the degree of normative certainty and the nature of powers. The risks of improper use of expediency are summarized, which include arbitrariness, bureaucracy, corruption, abuse of power, violation of the principle of equality of participants in legal relations and alienation of citizens from the activities of government bodies. Further development was made of provisions on the role of legal culture and legal awareness as key guarantees of the proper use of expediency. It is substantiated that a high level of professional ethics, internal respect for the law and a developed sense of justice contribute to the adoption of lawful, balanced and socially beneficial decisions.
