The importance of judicial discretion in sentencing

This article examines the importance of judicial discretion in sentencing. It demonstrates that judicial discretion in sentencing is an objectively necessary element of criminal law regulation, without which individualization of punishment would be impossible. It is noted that the breadth of judicial discretion creates certain problems that, in some cases, may lead to a violation of constitutional guarantees for citizens and demonstrates the need for systematic improvement of the regulatory framework in this area.

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Publication Details

Journal
Journal of Legal Studies
Published
2026-06-17
DOI
https://doi.org/10.12737/2500-333x-2026-11-2-114-118
Primary Topic
Education, Law, and Society
Type
article
Field-Weighted Citation Impact
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article

The importance of judicial discretion in sentencing

K. Dolgopolov, A. Kalyugina
Journal of Legal Studies
Education, Law, and Society
article

The importance of judicial discretion in sentencing

K. Dolgopolov, A. Kalyugina
article en

Abstract

This article examines the importance of judicial discretion in sentencing. It demonstrates that judicial discretion in sentencing is an objectively necessary element of criminal law regulation, without which individualization of punishment would be impossible. It is noted that the breadth of judicial discretion creates certain problems that, in some cases, may lead to a violation of constitutional guarantees for citizens and demonstrates the need for systematic improvement of the regulatory framework in this area.

Journal of Legal StudiesVol. 11(2)
North-Caucasus Federal University (RU)
Peace, Justice and strong institutions
Openalex Percentile: Top 3%
Education, Law, and Society
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