The Problem of Legislative Regulation of Judicial Discretion in the Civil Proceedings

The article discusses issues of understanding judicial discretion within the framework of civil law proceedings. The pluralism of opinions on the concept and limits of judicial discretion developed by the theory of law, different points of view on the range of discretion in judicial activity for solving specific problems indicate the absence of a common understanding of its application. The interpretive activity of the court essentially replaces the legislative activity and creates the prerequisites for different decisions under virtually identical circumstances in law enforcement activities. Various methods of patching legislative holes through judicial discretion, the exercise of judicial discretion by subjects with different qualifications do not create uniformity of judicial practice and confidence in legislation based on constitutional values as fair and uniform for everyone.

The problem is seen in the uncertainty of the boundaries of judicial discretion, in the need for the most complete and accurate definition of the concept of this category in legal procedural norms, and criteria for the admissibility of its application.