Судейская этика: нравственно-правовые аспекты в контексте научно обоснованной интегративной концепции правопонимания

Abstract

Judicial ethics is a complex moral and legal phenomenon that has a significant impact on the level of trust in the court, the authority of the judiciary and the effectiveness of justice. The state of judicial ethics is largely determined by the type of legal understanding that guides the judge who administers justice. The purpose of the research is to consider judicial ethics, its moral and legal aspects in the context of a scientifically based integrative concept of legal understanding. The objectives of the research are to study the moral and legal aspects of judicial ethics, the system of requirements imposed on the judge, the relationship of legal understanding with judicial ethics, identifying the «optimal» type of legal understanding that contributes to increasing confidence in the court and improving the effectiveness of justice. The work is based on an integrative methodology. The research involved such General scientific methods as logical generalizations, analysis and synthesis, system and functional approaches. The formal legal method and the method of law interpretation were used as private methods of legal science. Judicial ethics is considered as a moral and legal phenomenon that comprehensively reveals the moral and professional appearance of a judge associated with the exercise of official functions aimed at protecting the rights, freedoms and legitimate interests of various subjects of legal interaction. The effectiveness of the justice system can significantly increase if the judge has a special state of professional legal awareness based on a progressive type of legal thinking, which is represented by a scientifically based integrative concept of law understanding. This scientific platform has the most productive impact on the moral and professional Outlook of the judge, his legal awareness, psychologically positive attitude and gives real legal tools for the protection of human and civil rights and freedoms in the judicial practice of modern Russia. A judge who shares the position of a scientifically based integrative concept of law understanding and bases his professional activity on it is able to transfer the implementation of justice to a qualitatively different level, extracting the effective regulatory potential of law and providing comprehensive legal protection to various subjects of legal interaction.