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ON JUDICIAL DISCRETION IN CONSIDERATION OF CASES RELATED TO EVALUATION CONCEPTS OF INHERITANCE AND FAMILY LAW

JUDICIAL AUTHORITY AND PRACTICE


A.V. FIOSHIN

A.V. FIOSHIN,
Candidate of Legal Sciences, Professor of the Department of Civil Law Disciplines
of the Moscow Academy of the Investigative Committee of the Russian Federation,
Associate Professor of the Department of Civil Law
of the Russian State University of Justice

DOI: 10.24031/2226-0781-2019-9-4-250-264

The article examines the features of judicial discretion in resolving cases related to evaluative
concepts of inheritance and family law. Various concepts of judicial discretion are analyzed,
as well as different views on the process of decision making by judge on complex cases related
to evaluative concepts. Acting within the framework of the powers granted, the judge makes
a choice between several legal options for resolving the case, and this is the result of the court’s
activities and at the same time the most important component of the administration of justice.
At all stages of the judicial proceedings rational-emotional perception and mental-analytical
activity of the judge takes place, the judge relies on his/her life experience, level of legal
awareness, legal culture, objectivity, understanding of consequences, and liability. The article
expresses the author’s position on the question of what affects the judge in solving a legal
problem when there is more than one legal decision. The author investigated the relevant
judicial practice, provides examples and analysis of the existing regulatory framework.

Keywords: judicial discretion; evaluative concepts; inheritance law; family law; civil
procedure.

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Information about the author

Fioshin A.V. (Moscow, Russia) – Candidate of Legal Sciences, Professor of the
Department of Civil Law Disciplines of the Moscow Academy of the Investigative Committee
of the Russian Federation, Associate Professor of the Department of Civil Law of
the Russian State University of Justice (12 Vrubel St., Moscow, 125080, Russia; e-mail:
alvf_81@mail.ru).

Recommended citation

Fioshin A.V. On Judicial Discretion in Consideration of Cases Related to Evaluation
Concepts of Inheritance and Family Law. Herald of Civil Procedure, 2019, vol. 9, no. 4,
p. 250–264. (In Russian). https://doi.org/10.24031/2226-0781-2019-9-4-250-264

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