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Proceedings of Southwest State University. Series: History and Law

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Is it possible to raise the question of the responsibility of the court?

https://doi.org/10.21869/2223-1501-2024-14-4-41-50

Abstract

Relevance. Responsibility of the court for unlawful decisions has always been a matter of key concern. Since the times of Roman law which established the responsibility of judges for negligent performance of their duties to the parties, this issue with its diversified constituents has demanded to be thought over. The author reasons upon the need to establish social responsibility of judges, as well as the need to consolidate the principle of good faith in relation to their activities in the consideration and resolution of disputes.

The purpose of the research is to establish the meaning and content of the court responsibility in the framework of civil proceedings.

The research objectives are to determine social prerequisites needed to determine the responsibility of courts; to identify the importance of judges’ fair practices in determining their responsibility; and to critically comprehend the axiom "Jura novit curia" in the context of the topic under study.

Methodology. The research is based on the universal dialectical method of scientific cognition with applying analysis, deduction, description, generalization and formal legal methods.

The research resulted in the developed author's vision of the responsibility of courts. The author declares that the existence of social responsibility makes any person liable, so a judge must first of all foresee adverse consequences of his/her behavior. As the issue of good faith in terms of the judge’s conduct is not declared in procedural codes, the matter of the indisputable authority of the judicial system remains unresolved.

Conclusion. The paper frames the author's conclusion generated by many years of research about the need for a radical transformation of the institution of responsibility of courts for unlawful decisions beyond the framework of procedural appeal that is established by law.

About the Author

P. М. Filippov
Southwest State University; Volgograd Academy of the Ministry of Internal Affairs
Russian Federation

Pyotr M. Filippov, Doctor of Sciences (Juridical), Professor, Honored Lawyer of the Russian Federation, Honorary Worker of Higher Professional Education of the Russian Federation, Leading Researcher of the Scientific and Educational center “Civilist” of the Civil Law Department; Professor of the Department of Civil Law Disciplines

50 Let Oktyabrya Str. 94, Kursk 305040; 130 Istoricheskaya Str., Volgograd 400075



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Review

For citations:


Filippov P.М. Is it possible to raise the question of the responsibility of the court? Proceedings of Southwest State University. Series: History and Law. 2024;14(4):41-50. (In Russ.) https://doi.org/10.21869/2223-1501-2024-14-4-41-50

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ISSN 2223-1501 (Print)