I.B. Mihailovskaya. The Role of Subjective Factor in Course of Administering of Justice

Abstract: The article is devoted to the influence of personal factors on a choice of the decision from among offered by the law. It is noticed that the significance of the personal factor is advanced not only personification of rendered decisions, but also that role which play in process of criminal proceedings the discretion of the judge, its arbitrary powers. It is impossible to the law to give complete algorithm of activity of the judge, to formalize all variety of actual facts, situations, etc. and to correlate them with character of rendered decisions. Thereof the principle of evaluation of evidence on internal belief operates, etc. It is obvious that thus the judge, operating within the law, carries out a choice of one of possible decisions. The range of such choice advances also limits the judicial discretion. These limits are narrowed, but cannot eliminate completely from legal proceedings the subjective element, i.e. the discretion of the judge. The author comes to a conclusion that the availability at judges of arbitrary powers stipulates significance not only their professional, but also moral qualities.

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