Abuse of court’s power at execution of its discretionary authorities in criminal procedure

Problems connected with the abuse of power revealed during criminal procedure at execution of the discretionary authorities by the judges are considered. The author proves the statement that discretion is the guarantee of independence of judicial power from interference of anyone into the process of effectuation of justice, at the same time the existence of discretionary authorities makes favourable conditions for abuse of power by the court. The article presents the mechanism for optimal protection of possibility of the judges to make decisions on the basis of their judgment and limit the possibility of power abuse.