Malekh I. Theoretical and practical aspects of judicial discretion.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number


Applicant for


  • 12.00.09 - Кримінальний процес та криміналістика; судова експертиза; оперативно-розшукова діяльність


Specialized Academic Board

Д 08.727.02

The Dnipropetrovs’k State University of Internal Affairs


The dissertation deals with the study of theoretical and practical aspects of judicial discretion. The state of scientific research and the genesis of issues of judicial discretion are highlighted. The concept of judicial discretion is considered. The manifestation of judicial discretion at various stages of the criminal process has been characterized. The separate opinion of the judge is considered as an influential factor regarding the judicial discretion. Legal and moral principles of judicial discretion as a factor of judges' responsibility are highlighted. A thorough evaluation of the concept of judicial discretion in international standards and the principles and rules related to its application is given. Judicial discretion in the legislation of the countries of the European Union has been considered.


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