On the issue of the problem of determining the limits of judicial discretion

the article is devoted to the analysis of issues of determining the limits of law enforcement discretion of courts (limits of judicial discretion). In particular, the author emphasizes the problem of a broad establishment of the limits of judicial discretion at the legislative level, which leads to the formal recognition of the legality of any law enforcement decision taken within the framework of the powers formally established by the legislator. This state of affairs requires the actual determination of the limits of judicial discretion through the use of additional mechanisms for assessing the legality of court decisions, one of which is the criterion of validity. The paper also analyzes the issues of the use of evaluative legal categories by courts in law enforcement, as well as the role of higher courts in the generalization and unification of judicial arbitration practice.

judicial discretion, judicial discretion, law enforcement, limits of judicial discretion, legal technique, legality and validity, judicial practice