Judicial discretion as a factor making an impact on the process of issuing court rulings
- Authors: Agaronyan E.A.1
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Affiliations:
- Saratov State Law Academy
- Issue: Vol 18, No 3 (2025)
- Pages: 136-141
- Section: Private Law (Civil) Sciences
- URL: https://journals.eco-vector.com/2072-3164/article/view/687939
- EDN: https://elibrary.ru/NZEFMC
- ID: 687939
Cite item
Abstract
The essence and procedural significance of the institution of judicial discretion as an inner conviction used by judges while issuing court rulings are analyzed in the article. It is found out that discretion is an important element determining the process of considering and resolving civil cases. Objective - to analyze the definition of legal category «judicial discretion», to identify the limits, scientific and practical purpose of discretion in the process of adopting court decisions. Methodology: methods of scientific knowledge of a general nature-logic and systemic analysis, synthesis, as well as private law methods of knowledge-legal and technical, comparative law. Results: the meaning of procedural legal category «judicial discretion» is defined by the author of the article, as well as the theoretical and practical value of this institute in the question of its application by judges while issuing court rulings in the context of the dispensation of justice in civil cases. Conclusions: it is defined that judicial discretion is a tool used by court while considering and resolving civil cases in essence, which determines the outcome of the trial. It is emphasized that judicial discretion is directly connected with the procedural activity which determines the level of objective interest in the correct, substantial resolution of the civil case and issuing legal and reasonable court ruling.
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About the authors
Edmon A. Agaronyan
Saratov State Law Academy
Author for correspondence.
Email: Sadmirror@bk.ru
SPIN-code: 1919-0922
postgraduate student, Department of Civil Law
Russian Federation, SaratovReferences
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