Legal grounds and limits of judicial discretion in the criminal law of the Russian Federation

Abstract

The presented material analyzes the theoretical and methodological approaches to the definition of "judicial discretion" and considers the problems of the grounds and limits of judicial discretion in the implementation of legal proceedings in the Russian Federation at the present stage. It is shown that informatization and digitalization are two processes in the modern public space, which entailed a significant expansion of the spheres of life of the society that are included in the sphere of legal regulation. As a result, the quantitative component of legislative acts issued by the lawmaker is increasing dramatically. However, it has to be stated that these acts are often discretionary in nature. Consequently, legal conflicts provoke a number of negative factors, in particular, difficulties in law enforcement, including the work of the judiciary. In this regard, it is judicial discretion that becomes the significant factor that contributes to the effective and, not least, timely overcoming of legal gaps.