UDC 347.91/.95

THE LEGALITY, JUDICIAL DISCRETION – CONDITIONS FOR THE IMPLEMENTATION OF THE PRINCIPLE OF JUDICIAL INDEPENDENCE

Chepkasov Roman Arturovich
Kemerovo State University

Abstract
Rule of law and judicial discretion - two indispensable conditions for the implementation of the principle of independence. These legal categories are also two sides of the same coin, because they can not exist without each other. Legality means the subordination of judges in the administration of justice only to the law, and the judicial discretion means that the judge makes a decision on the case based on his inner conviction. However, in practice there are situations contrary to the laws of judicial discretion, which is a consequence of ambiguous legal regulation.

Category: 12.00.00 Law

Article reference:
The legality, judicial discretion - conditions for the implementation of the principle of judicial independence // Modern scientific researches and innovations. 2016. № 9 [Electronic journal]. URL: http://web.snauka.ru/en/issues/2016/09/70985

View this article in Russian

Sorry, this article is only available in Русский.



Artice view count: Please wait

All articles of author «Чепкасов Роман Артурович»


© If you have found a violation of copyrights please notify us immediately by e-mail or feedback form.

Contact author (comments/reviews)

Write comment

You must authorise to write a comment.

Если Вы еще не зарегистрированы на сайте, то Вам необходимо зарегистрироваться:
  • Register