Abstract
The article is dedicated to the particular issues of the criminal justice administration with the discretionary powers application of the court in conjunction with the institute of Human Rights. The role of the principle of the human rights equality in the course of criminal proceedings in terms of judicial discretion is established in such institutes as investigative actions, precautions to criminal proceedings and the imposition of compulsory medical measures. Human rights and the admissibility of their restrictions under the discretion of the judge is characterized by considering the presence of competitive social and legal values and by taking into account the Convention on the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights) and the practice of the European Court of Human Rights. The criteria required for the competing values consideration in situations that allow judicial discretion are offered. The legal mechanism for the human rights protection and restoration in case of improper application of the judicial discretion is found. The shortcomings to further improvement of the law enforcement are revealed.
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