Kuftyryev P. Judicial discretion in the theory of law.

The dissertation is the first comprehensive monograph study of theoretical and practical problems relating to judicial discretion at the general theoretical level. This study has for the first time in fundamental jurisprudence since the proclamation of independence of Ukraine substantiated the notion of judicial discretion, its characteristic features and peculiarities. The author’s classification of discretion concerning the content of judicial opinion has been made. The author has analysed the doctrines of judicial discretion in the works of prominent thinkers since ancient times up to the 18-th – 19-th centuries, soviet as well as the contemporary times. Special attention has been paid to approaches to judicial discretion in sociological school of law. The author has made analysis of the limits of judicial discretion and has given their typological characteristics. Proceeding from the results obtained the author has worked out proposals on improving Ukrainian legislations practice by courts when using discretion.