Darovskikh Svetlana Mikhailovna, Phd Law, professor, chairholder of the Department of the Criminal Proceedings and Criminal Science of the South Ural State University. 76, Lenina Av., Chelyabinsk, 454080, Russia.

E-mail: darsvet@mail.ru

343.14 + 343.13

Х410.201 + Х410.204

The article considers certain issues connected with the law-making activity of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation. The author reveals the factors which affect the formation and development of legal propositions of the above mentioned courts and dwells on the subjective factor which is represented by judge’s belief. Judge’s belief is a deep-rooted belief, a determined point of view on the topical issue on the criminal proceeding and the issue of guilt. The author considers the correlation of judge’s belief and discretion as a choice possibility for a judge

on the basis of determined belief out of a range of legal decisions

court, judge’s belief, judge’s discretion, legal proposition, certain opinion.