The Moral Principles Guiding the Judge’s Activities (Illustrated by the Life Journey of A. F. Koni)

Abstract

The year 2024 commemorates the 180th anniversary of the birth of Anatoly Fedorovich Koni (1844–1927), a prominent lawyer, prosecutor, statesman, and public figure in post-reform Russia during the latter half of the 19th century. In this context, it appears fitting to reconsider the legacy of this iconic individual, whose life journey serves as a compelling testament to the challenging process of shaping and advancing the principles upon which the trial currently rests. The aim of this study is to uncover the attributes of the present-day incorporation of A. F. Koni’s moral and ethical principles within the domestic legal framework. Research methods. This study was based on general scientific methods (analysis and synthesis, etc.) and methods of legal science (historical-legal, formal-legal). The study is based on the theoretical works of domestic specialists who have studied the A. F. Koni’s legacy. Study results. The moral concepts of A. F. Koni were formulated in the Constitution of the Russian Federation, wherein the fundamental tenets of administration of justice are enumerated: independence, irremovability, inviolability of judges, and openness of court proceedings. Moreover, the judge’s moral and ethical requirements coined by A. F. Koni were mirrored in the Law of the Russian Federation No. 3132-1 on the Status of Judges in the Russian Federation dated 26 June 1992. The Code of Judicial Ethics adopted in 2012 gains particular importance in the context of the analysis of A. F. Koni’s legacy. This document consistently and comprehensively outlines the principles of professional conduct for judges, as well as their involvement in activities pertaining to the advancement of law and legislation, implementation of legal practice, etc. It appears imperative to conduct further examination of A. F. Koni’s moral and ethical concepts to enhance the existing legislative instruments regulating judicial activities.