Judicial Activity and Its Types: Cybernetic Approach

Abstract

The article raises the question of the possibility to study comprehensively all areas of the court functioning as a single activity in its nature to implement the judiciary. It is stated that in the legislation judicial activity is regulated heterogeneously. Attempts of its comprehensive study have been made repeatedly in domestic jurisprudence, but now there are practically no works in which judicial activity would be studied as a whole. The authors believe that such an approach is necessary and suggest using a cybernetics methodology to justify it. As a methodological basis of the study, it is justified that any implementation of power is social management. Therefore, the exercising of state power can be considered as a part of the management process. It is also noted that judicial activity is inextricably linked with law enforcement, which can be viewed as a stage in the integral mechanism of legal management and at the same time as a process of local management. In general, the subject of such governance is the state, but specific powers are divided among different bodies, so different stages of governance can be carried out by different entities on behalf of the state. On this basis, judicial activity is classified into three types, each of them has peculiarities of a managerial nature: 1) law enforcement (casual) justice; 2) normative (general) justice and clarification of judicial practice; 3) implementation of legislative initiative by the courts. It is justified that the activities of organizational support for the activities of the courts (judicial administration) cannot be categorized as judicial activity due to its different nature: it is not the exercise of judicial power. In conclusion, it is stated that judicial activity (with the exception of the implementation of a legislative initiative) is homogeneous in its managerial nature, which creates a prerequisite for its comprehensive study.