The Role of Judicial Discretion in the Process of Determining the Measure of Punishment

<jats:p>Judicial discretion is a key concept in criminal law theory. This article analyzes existing scholarly approaches to defining its content and identifies its characteristic features. The influence of judicial discretion on sentencing is examined, noting that it is a necessary tool for individualizing punishment and serves to uphold the principle of fairness. The author examines the influence of the degree of normative regulation of criminal law relations on the limits of judicial discretion. Examples are given of the consequences of excessive judicial discretion for social relations, including disparities in judicial practice and an increase in the subjective factor. Furthermore, the author highlights the negative consequences of excessively limiting judicial discretion, which hinder the consideration of the individual characteristics of a criminal case. In this study, the author substantiates the need to establish a balance between judicial discretion and its normative limits, and proposes ways to minimize the risks of disparities in law enforcement.</jats:p>