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Judicial Discretion in the Civil Procedure

Student: Olga Bahmetieva

Supervisor: Anna A. Ivanova

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Final Grade: 9

Year of Graduation: 2018

The theme of the final qualifying work is «The judicial discretion in the civil procedure». Author: Smirnova Olga Dmitryevna, 4th year student of the faculty of law, group 14YU1. The work consists of introduction, main part, 3 chapters, 8 sections, conclusion and list of references (64 sources were used). The work contains 67 pages. Keywords: judicial discretion, civil procedure, limits of the judicial discretion, criteria of the judicial discretion, problems of the judicial discretion. The introduction reveals the relevance of the chosen topic, determines the object, subject, goals, objectives and methods of research. The object of the study is the social relations, which are formed in the sphere of judicial discretion in civil procedure. The subject of the study is a set of normative legal acts that regulate judicial discretion in civil procedure, judicial practice and legal doctrine that were developed in the considering area. The first chapter contains general provisions on judicial discretion in the civil procedure. It gives the main approaches to its definition, reveals the legal acts governing its existence, determines the types, features of judicial discretion, as well as factors affecting its formation. The second chapter discusses the different points of view on the concept of judicial discretion’s limits, as well as their specific types: legal and moral. The third chapter is devoted to the main problems related to the implementation of judicial discretion. It presents the position of scholars on the problem of the judicial discretion’s criteria, the problem of the difference between this category, the judge’s internal conviction and judicial arbitrariness, and also outlines the main proposals for solving these problems. In conclusion, the work that was done is summarized and conclusions and proposals on the identified problems of the category «the judicial discretion in the civil procedure» are formulated.

Full text (added May 15, 2018)

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