Modeling Legal Certainty for Sustainable Development of the Russian Judicial System

Abstract

For the first time, we investigate the legal certainty of civil proceedings in Russia as an independent model of the judicial system, which formation indicates a special type of legal regulation of judicial activity and establishes a platform for the sustainable functioning of the entire Russian judicial system. The sustainability of the judicial and procedural components of the judicial system of a particular country depends on the model of legal certainty transmitted at the national level. In this regard, we examine the features and types of the most popular models of legal certainty of civil proceedings that have been formed in global procedural practice: Civil Law and Common Law. Besides, we analyze their specific and typical features, considering the national model of legal certainty separately. The study of the specifics of the Russian model of legal certainty shaped in modern civil and arbitration proceedings allows us to conclude that it has a mixed nature, indicating the transformational development stage of the Russian judicial system. We prove that the model of legal certainty in the current civil proceedings of Russia can be characterized as a transitional model of legal certainty, combining the features of models of civil proceedings of Civil Law (statutory) and models of civil proceedings of Common Law (dynamic), as well as elements of the socialist type of civil proceedings. This circumstance determines the regulation of procedural relations and acts as a criterion for the efficiency of judicial protection of violated rights and legally protected interests. We believe that there are essential problems, caused partly by the transitional nature of the existing legal certainty model of civil proceedings in Russia, which require the close attention of science, practice, and corresponding decisions. The finally formed legal certainty model marks the completion of transformational processes in the judicial system and a starting point for a new development stage of Russia.