Common Grounds of Imposition of Penalty and Juridical Discretion
The problem of juridical discretion arouses complex, sometimes directly contradicting opinions. Analyzing such radical "polar" positions, the author presents his own concept of formalizing the common grounds of the imposition of penalty while providing the possibility of maximum individualization of the penalty imposition process. In connection with this, the article investigates the content of the legal concepts of the nature and degree of public danger, and proposes the introduction of new categories of crime: petty and particular gravity.