CIVIL LAW AND PROCEDURE

On the limits of judicial discretion

Abstract

In the article, the author draws attention to some proposals presented in the project to reform the judicial system. Particular attention is paid to the proposal to provide judges with the opportunity to make decisions based on the principles of law. It is noted that this does not take into account the provisions of the Civil Code of the Republic of Kazakhstan, despite the fact that in Kazakhstan’s judicial practice, of course, there is a frequent problem of judges’ overly literal, formal understanding of legal norms, as a result of which unfair judicial acts are issued. Thus, the opinion is expressed that it is worth talking about determining the limits of judicial discretion and the role of the Supreme Court in this matter.