Procedure independence of judges: the nature and problems of security

The independence of judges as a guarantee of the exercise of justice is an axiological imperative, the need to ensure which is recognized by any state that has accepted the theory of separation of powers. The issues of establishing an independent court have always been and continue to be decisive in the conduct of judicial reforms in the country aimed at building a strong, independent and accessible judiciary.

The paper draws attention to the special significance of procedural (criminal procedure) guarantees in the system of legislative measures to ensure the independence of judges, since they determine the freedom of a judge in choosing a legal position when performing his main and only function — resolving a criminal case. The independence of the judge as a participant in the process requires that the criminal procedure law provide for those procedures that allow the judge to decide without any dependence on the wishes of the litigants and in the absence of any outside influence. At the same time, the modern conditions of the implementation of the judiciary testify to the frequent limitation of procedural independence by circumstances that are not related to the procedure of the case. On the basis of empirical data, it is shown that non-procedural factors related to the corporate influence of the judicial community and the mental attachment of judges to one or another corporate tradition have a significant impact on the procedural independence of judges.

The main criterion for determining the degree of procedural independence of a judge is the possibility of exercising judicial discretion, and a way to avoid arbitrary arbitrariness, as the reverse side of independence of judges, is the duty of judges to motivate any decision taken.