Современная кoнцепция судебного управления и его принципы

Вестник арбитражной практики. 2021. № 1(92). С. 17–24.

Alexeevskaya E.

As we get closer to the completion of the Federal Targeted Program for the Development of the Judicial System of the Russian Federation by the end of 2020, the need to define the term "court administration" and outline its principles seems to be highly urgent. The concern is particularly intense considering the recently adopted national Priority Projects and the amendments to the national Constitution. The problem of identifying the principles of court administration stems from the urgency of applying the sustainable development paradigm to the national judicial system, which would have strengthened the Rule of Law and access to court across the entire justice system, particularly in the context of a profound lack of academic research and published proposals on this issue.

In this article, the author examines the term "court administration" and the principles of good governance in the context of sustainable development, using methods of legal interpretation, historical legal research, content analysis, method of social legal evaluation, analysis of the validity and extent of action of normative acts, the method of socio-legal phenomena, and also a method of dialectical cognition.

Court administration should be performed by the public judicial authorities to manage the practices of courts and judges in the course of the administration of justice, to implement current programs for the development of the judicial system of the Russian Federation, and to provide the judicial staff with financial and social security.

The court administration should be exclusively within the jurisdiction of the judicial powers. The roles of public court administration are currently dispersed between the executive and the judicial branches of power which hinders the efficiency of their service and frustrates the achievement of the strategic goals of the federal programs for the development of the judicial system of the Russian Federation. This situation reflects a failure to enforce the concept of separation of public powers and does not advance the synchronization and stabilization of the judicial system in pursuit of judicial sustainable development.

The Rule of Law should be the basic principle of contemporary court administration. The other objectives of the national judicial transformation should include the following: compliance of practices of the courts of the Russian Federation to the international and legal standards, judicial accountability, transparency, openness, efficiency, reliability, independence as well as uniformity of the judicial system and adequacy of court administration.

Keywords: государственное управление, устойчивое развитие, court administration, good governance, судебное управление, sustainable development