Principles and tasks of the modern judiciary in the legal state

Abstract

The article states that the development of a modern judicial system in a state governed by the rule of law should not be separated from the historical roots of state formation, including the latest informational, scientific-technical, organizational-management and legal realities of modern society.

It is argued that the concept of modern justice has its roots mainly in the formation of the common law system, where from the first half of the 13th century the concept of due process of law was first set forth and enshrined in the Magna Carta. Attention is focused on the problem of transformation of judicial principles, updating the content of individual principles in the conditions of globalization, development of digital technologies and artificial intelligence, scientific and technical progress. In such conditions, at the doctrinal level, those principles that have not yet been established at the level of normative and legal regulation can be singled out.

It is noted that the category «task» is used in normative legal acts as a category denoting the focus of domestic justice. At the same time, the so-called mission of the court is also often fixed on the official websites of domestic courts. By the latter, we understand the unique purpose of the court, based on the principles of modern judiciary in the rule of law, which combines the general tasks of the judiciary in the context of the activity of a certain court. The mission serves as a worldview, ideological, orienting basis of the court's activity, which, in our deep conviction, should also reflect the uniqueness of each individual court at the level of public relations, inclusiveness, openness and accessibility for everyone.

The necessity of distinguishing such categories as the vision, values and strategy of the court is substantiated in the context of the defined principles and tasks of modern judiciary in the rule of law. Thus, the vision of the court is a statement posted on the official website of the court about the strategic priorities of its future development. Values may reflect the court's orientation to the protection of human rights and freedoms, professionalism, integrity, and patriotism. The court's strategy may include a clear list of development directions in the field of professional education of staff, public relations, transparency and publicity, etc., with an indication of the time for the implementation of these directions and specific tasks for the performance of each specified direction.