Azarova E.S. Forms of Discretion in Russian Legal T
DOI: https://doi.org/10.15688/lc.jvolsu.2024.4.21
Ekaterina S. Azarova, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Procedural Law and Criminology, 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 paper analyzes the forms of discretion in accordance with the classifications on various grounds proposed by domestic jurists. Judicial discretion is a concept in the Russian legal system that has long attracted the attention of legislators because of its importance to the work of the courts. However, the interpretation of this concept contains many ambiguities that remain relevant to this day. An attempt is made to generalize all forms into a single classification, and appropriate conclusions are drawn on the need for the legislative inclusion of the concept of judicial discretion. The necessity of a comprehensive study of forms of discretion is substantiated. The author’s methods: the methodological framework consists of the methods of historicism, systematics, and comparative law. Results: a unified classification of various forms of discretion is presented.
Conclusions: as a result of the study, it is revealed that discretion can be classified in relation to hypothesis, disposition, factual circumstances, and legal consequences.
Key words: discretion, judicial discretion, classification, forms, criminal procedure. Citation. Azarova E.S. Forms of Discretion in Russian Legal Theory. Legal Concept = Pravovaya paradigma, 2024, vol. 23, no. 4, pp. 164-168. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2024.4.21
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