Discretionary powers and judicial discretion in resolving the issue of termination of criminal prosecution with the imposition of a court fine

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Purpose: To identify the correlation and procedural significance of discretionary powers and judicial discretion in relation to ensuring the fairness of a court decision to terminate criminal prosecution with the appointment of a criminal law measure in the form of a court fine. Methodology: The analysis method and the formal legal method were used. Results: The conclusions of the author: 1) the close relationship between discretionary powers as the freedom to choose one of the legitimate decisions and judicial discretion as an assessment of its expediency; 2) the court decision as a result of the exercise of discretionary powers and judicial discretion in combination; 3) the importance of taking into account the identity of the accused to ensure the fairness of the court decision to terminate criminal prosecution with the appointment of a court fine. Novelty/originality/value: The scientific novelty and value of the work are determined by the goal set and the results achieved, namely, the author’s conclusions on the correlation and procedural significance of discretionary powers and judicial discretion in the termination of criminal prosecution with the appointment of a court fine and the role of taking into account the identity of the accused in ensuring the fairness of this decision.

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Court, judicial fine, justice, discretion, judicial discretion, personality, guilty

Короткий адрес: https://sciup.org/140250437

IDR: 140250437

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