judicial discretion

Analysis of scientific approaches to the definition of judicial discretion

In the article the question of the definition in the scientific interpretation of the concept of judicial discretion. On the basis of the analysis seems possible to display a single definition of judicial discretion investigating judge in criminal proceedings, given the peculiarity of his judicial authority in criminal proceedings for the control of the rights and freedoms of participants in criminal proceedings. It is explained the choice of terms, basic expressions included in the explanation of judicial discretion investigating judge.

The discretionary powers of the court in the context of adherence of the principle of the rule of law

The article examines the essence and scope of the discretionary power of the court in the
context of adherence of the principle of the rule of law. Based on the analysis of the
phenomenon of judicial discretion and the principle of the rule of law, the article defines the
main directions of their mutual influence