Review

The article considers one of the types of corruption risks of the judicial system of Ukraine, namely the availability of discretionary powers of judges, that is, the ability to act on their own, which creates the conditions for the commission of corruption offenses. Particular attention is paid to the grounds and limits of the use of judicial discretion in criminal proceedings, ways to overcome this problem and to improve the norms of the current legislation. The author established that for whatever reason, judicial discretion may arise, the decision must always be lawful, justified and motivated. It is defined that the judicial discretion will perform a positive role and will correspond to the democratic principles of judicial proceedings, when it will be limited not only by the law (the norms of the Constitution, but also procedural legislation, which establish guarantees for the protection of human rights), but also by explanation (interpretation) of these norms by competent authority (acts of the Constitutional Court of Ukraine, decrees of the Plenum of the Supreme Court of Ukraine, explanations and letters of higher courts, ministries, etc.), the justification for the chosen court decision by the totality of the evidence in the case (the facts of the case), the purpose and objectives of the proceedings, interests of society and the state, the requirements of justice, validity and comprehensive, complete and objective investigation of the circumstances of criminal proceedings, and by judicial practice.

Keywords: corruption risk, discretionary powers, judicial system of Ukraine, judges, rounds, border.