Судейское усмотрение в решениях Верховного Суда Российской Федерации

Introduction: the article is devoted to the challenge of the identification of boundaries of judicial discretion in the decisions of the highest court in Russia. In the context of the main issue of judicial discretion, aspects of the judicial sense of judges are considered, as well as the peculiarities of resolving legal facts (through legal principles). Materials and Methods: during the study, the dialectical materialistic method was used as the basis and based on it general scientific and private scientific methods (system-structural, logical, analysis of documents and other sources). The study was based on the works on judicial discretion and the practice of the Supreme Court of the Russian Federation. Results: analysis of judicial definitions revealed a number of problems: formalism in legal proceedings in the courts of the first and second instance, distorted sense of justice of judges. Attention is focused on the need to maintain the legislative balance between formal certainty and the assessment of norms, on the need to narrow the limits of judicial discretion...