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Azarova E.S. The Concept of “Discretion of the Court” in Law

DOI: https://doi.org/10.15688/lc.jvolsu.2019.2.10

Ekaterina S. Azarova, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Criminal Procedure and Criminalistics, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-5130-1653


Introduction: the law enforcement activities are connected with such a measure as discretion, for the freedom of choosing one of a number of variants of solutions is enshrined in the law. The final result of the court as the law enforcement discretion of the subject of criminal proceedings is a reasoned, legal and motivated decision. However, as with any phenomenon, the criminal procedural discretion has its negative side, so the possibility of neutralizing these negative factors is directly dependent on the extent and depth not only of the theoretical but also practical understanding of regularities existing in the scope of the law enforcement discretion in criminal proceedings. The author of the paper sets the purpose of the study, which is to justify the concept of discretion of the court. Methods: the methodological framework for the study consists of the methods of historicism, systematicity, and comparative law. Results: the author’s points of view proved in the paper is based on the knowledge in criminal law. Conclusions: as a result of the study it was revealed that the scope of discretion of the court is a discretionary phenomenon.

Key words: discretion of the court, evidence, evaluation of evidence, judicial discretion, inner conviction.

Citation. Azarova E.S. The Concept of “Discretion of the Court” in Law. Legal Concept, 2019, vol. 18, no. 2, pp. 69-73. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2019.2.10

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