Trends in the combination of individual and collegial in domestic criminal and civil, arbitration, administrative proceedings

Abstract

All types of modern litigation are characterized by a combination of individual and collegial principles. The commonality of the concept of justice determines the conceptual universality of most institutions of criminal, arbitration, civil and administrative proceedings. It follows from this that the criteria and principles for determining the ratio of collegial and individual are or should be approximately the same in all types of processes. Recent years have been marked by an active reform of the rules on the composition of the court in these types of justice, but the novelties are not always uniform or at least coordinated. The author attempts to identify the patterns of formation of the sole or collegial composition of the court within certain types of legal proceedings and justice in general. The tendencies of modern procedural law in determining the ratio of individual and collegial in the courts of the first, appellate and cassation instances are analyzed separately.