Abstract
In this article the author examines the general theoretical problems associated with the abuse of the right of a judge in the exercise of his discretionary powers in the framework of justice. The author considers the category of “abuse” through the categories of “good faith”, “interest” and “impartiality”. The author substantiates the claim that the judge's interest in the case does not imply his lack of impartiality. The article states that a significant change in the direction of criminal proceedings from national values to the recognition of the individual, his rights to individuality and self-realization has led to the development of procedural contradictions caused by the collision of the traditions of domestic criminal proceedings with innovations borrowed from the Anglo-Saxon adversarial process. In order to determine the optimal ratio of judicial discretion and its limits in criminal proceedings, as well as to prevent abuse by the court, the author has developed proposals to consolidate the principle of good faith of participants in criminal proceedings and the definition of abuse in the exercise of court rights.
Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callMore From: Bulletin of Udmurt University. Series Economics and Law
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
