Судебное управление: основные походы к понятию и содержанию

Abstract

The article is devoted to the theoretical problems of administration in the judicial system. Based on the analysis of scientific literature and legislation, we consider the main approaches to the definition and normative consolidation of the term “judicial administration”, review the content of judicial administration and its assessment in scientific research of the Soviet and modern periods. We conclude that the refusal to use the term “judicial administration” in the post-Soviet period is due to the negative attitude toward it, which is caused by the command and administrative nature of administration in the judicial sphere in the Soviet period and the actual lack of independence of the court. The terms “ensuring the activity of courts” and “organizational support of courts” used in legislation and scientific literature do not cover the entire spectrum of managerial relations that develop in the judicial system. We emphasize the necessity of returning to the use of the term “judicial administration” and its theoretical development.