Феномен судебной системы России

Вестник арбитражной практики. 2018. № 4. С. 3–5.

Alexeevskaya E.

The lack of a uniform understanding of the "judicial system" definition in Russia in the legal literature leads to a budgetary resource dispersion, which, ultimately, negatively affects the quality of justice and, as a result, destabilize the judicial system. Besides, the legal science lacks true comprehension of the Russian judicial system phenomenon, which prevents the appearance of adequate measures in federal targeted programs aimed at the judicial system development.

Addressing these issues will promote justice quality improvement and competent writing of judiciary development programs. This might be done through materialist dialectic and its interpretation: the concepts of sustainable development, the equilibrium theory, the theory of economic cycles, the theories of catastrophe and chaos, of information and chaotic synchronization, as well as the general theory of systems and system analysis, grammatical and technical legal methods.

This set of methods allowed the author of this article to draw the following conclusions. Today, legal science lacks the relevant concept of the "judicial system of Russia”, as well as the comprehension of such phenomenon. Nevertheless, the combination of scientific methods (legal and mathematical) makes it possible to comprehend the phenomenological core of the judicial system: it is a structurally open, variable, focused, dynamic system that does not have fixedness and, therefore, cannot ensure the stability of higher-order system – the public authorities.

Structural and functional principles of the judicial system are subject to the laws of chaotic dynamics, which, in turn, allow the use of mathematical methods for its counterbalancing, which are normally applicable to nonlinear chaotic systems. The relevant state Programs adopted before were based on the linearity of the processes taking place in the judicial system. But it is vital to form a new model of development of federal targeted programs, to introduce new indicators for an assessment of the judicial system: its quality, problem-solving and goal-achieving processes. This new model must take into account the new knowledge and challenges in this sphere.

Keywords: dynamic systems, устойчивое развитие, динамическая система, феномен, верховенство права, phenomenon, federal target programs, судебная система РФ, Федеральные целевые программы, judicial system, 17 goals of Sustainable development in HEI, Rule of law