Yatsenko O. Judicial discretion as a means of ensuring fair trial.

The dissertation is devoted to current theoretical and practical problems associated with the use of discretion by judges in the resolution of legal issues in the implementation of justice, based on the study of which the author reveals the content of this legal phenomenon as judicial discretion, shows its value as a means of ensuring fair trial and determines its place among the elements of the legal status of judges. We have studied the structure and content of the legal status of judges in the exercise of justice, characterized discretionary powers and the necessity of the inclusion of such powers in the structure of the legal status of judges. Author investigated the mechanism of formation of the objective of judicial discretion and the factors influencing this process, and traced the implementation of the objective of judicial discretion as a means of conventional fair trial rights in the jurisprudence of the European Court of Human Rights. The study in the thesis identifies a number of ways to improve the implementation of the objective of appreciation in Ukraine in accordance with international fair trial standards, in particular, the development of new, specific legislative principles in order to create the basis for this legislation that would be clear and easy to use, compliance with the Convention for the Protection of human Rights and Fundamental freedoms; improving the system of appointment of judges to the post and the mechanism to bring them to an account; improvement at all levels of the legal education of the persons involved in the justice process, etc.