The article analyzes the development of the doctrine of judicial discretion in the history of criminal law. It has been proven that most of the modern theories of judicial discretion are integrative in nature, reflected in modern criminal codes. For example, the French Criminal Code of 1992 relies on the ideas of the school of “new social protection” and on the concepts and institutions developed by the classical school (in the case of the classification of criminal acts, guilt, insanity).
The article, based on the analysis of scientific works, current regulations and law enforcement practice, provides a comprehensive philosophical and legal study of modeling the process of professionalization of judges in the context of the modern process of reforming the state and legal sphere, identifying parts that provoke professionalization of judges. options for influencing it.
The article analyzes the study of the genesis of legal activity in the Anglo-American legal family on the examples of the “maternal” legal systems of England and the USA, as well as the peculiarities of the activity of lawyers in various spheres of public life, the variety of legal specialties, forms and areas of participation of lawyers in law-making, enforcement, the activities of law enforcement agencies and human rights organizations, the provision of legal services.
The article deals with the peculiarities of the emergence and development of basic models of constitutional justice. The formation of a particular model of constitutional control in each country is linked to the historical, social, economic, national, legislative preconditions for the emergence of a particular model. Described the main features of the European, American and amparo models of constitutional justice. Emphasized that in the territory of our country the issue of the creation of a constitutional justice body was impossible before Ukraine gained independence.
It has been found out that the purpose of professionalization of a judge is legal goals,
which envisage state, social, axiological, psychological, organizational aspects, which are at the
same time characteristic both of judicial activity and of the specific features of each component
of the professionalization system. Revealing the legal goals, we must proceed from the
following prerequisites: the national legal system, the state of the judicial system of the state
The article analyzes the stages of proceedings on military administrative violations in the preparatory phase considering of the requirements of current legislation and administrative practices of the judiciary (judges), authorized to consider the cases.
In the article issues concerning criminal procedure while executing a search are analyzed. Procedural grounds and a process of search execution by authorized persons at a time of criminal procedure are revealed. Also, it is admitted that the application of proper legal procedure will encourage the protection of fundamental rights and freedoms of a person in criminal procedure.