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THE LEGALITY, JUDICIAL DISCRETION – CONDITIONS FOR THE IMPLEMENTATION OF THE PRINCIPLE OF JUDICIAL INDEPENDENCE
Chepkasov Roman Arturovich
Kemerovo State University
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: https://web.snauka.ru/en/issues/2016/09/70985
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