This article examines the importance of judicial discretion in sentencing. It demonstrates that judicial discretion in sentencing is an objectively necessary element of criminal law regulation, without which individualization of punishment would be impossible. It is noted that the breadth of judicial discretion creates certain problems that, in some cases, may lead to a violation of constitutional guarantees for citizens and demonstrates the need for systematic improvement of the regulatory framework in this area.
Dolgopolov et al. (2026) studied this question.