Makarenko A. Judge discretion at sentencing process in Ukraine.

The dissertation is devoted to research of problems of the judge discretion at sentencing process in Ukraine. The legal nature of the judge discretion on the stage of sentencing process and genesis of doctrine of judge discretion in history of criminal-law sciences are studied, the grounds of the judge discretion are found out at sentencing process as normative basis of its realization, classification of such discretion is given, description of judge discretion is analysed through the prism of types of legal behavior. The special attention is spared to research of institute of sentencing process in the aspect of correlation of the formal and discretional principles, the question of limiting of the judge discretion by unlegal factors is investigated. On the basis of the detailed research of criminal law, its doctrine and practices of application the own argued propositions about the making changes to Criminal Code of Ukraine are made.