Judicial Error: Responsibility, but not the Right

Abstract

In the article, the causes of judicial errors are discussed. The author examines the possibilities of imposing discipline sanctions on judges for their errors, considers a range of questions. In particular, should a judge seek the truth while hearing a case? Is a judge responsible for not only his or her errors but also for the errors of investigators, experts, and other participants of a proceeding? The author indicates various types of judicial errors and comes to a conclusion that gradual accumulation of ordinary or insignificant errors in the judge’s activity inevitably leads to systematic (or unordinary) errors. They indicate that the judge is unfair or incompetent. Drawing on personal professional experience and judicial practice, positions of the Russian Constitutional Court and the European Court of Human Rights, the author makes a link between judicial errors and the quality of justice. He emphasizes that the judge should follow the legal rules concerning adjudication and maintain his or her level of competence.