Авторитет решений англо-американских судей и эффективность их исполнения: в чем секрет?

Российская юстиция. 2021. № 6. С. 52–62.

Lesiv B.

The problems of enforcement are multifaceted. Lack of resources, legislative imperfections, inefficiency of sanctions are usually external factors, but there are also latent internal reasons. The experience of the Anglo-American judicial systems demonstrates that the society itself can make a significant contribution to the effective enforcement by its faith in the special mission of the judiciary and, as a result, by the condemnation of deviationists. However, this advantage is not given to English and American judges for nothing: there can be only a parity basis. The special authority of English and American judge, including the sanctions for disobeying court orders, which are severe but recognized by society as a ‘sine qua non’, is the result of a long consistent work of the judges themselves. First, historically, the Anglo-American judicial system has clearly defined the sovereign boundaries between political and judicial powers, creating the foundation for treating the court not as part of a single state administration, but as an independent authority. Secondly, the judges of England and the United States, unlike the MPs and Lords in parliament, created case-law with direct penetrating in the problems of society and with its participation. Finally, due to this work, the society has real reasons to reckon the judges as the protection from anyone - either a criminal or a tyrant official. The article sheds light on the historical and theoretical reasons why the Anglo-American society itself is extremely interested in the stability of the judicial system and the implementation of court orders.

Keywords: respect to court, уважение к суду, исполнение судебных решений, judicial power, судебная власть, независимость судебной власти, enforcement of court decisions, US judiciary, судебная система США, principle of judicial independence