What does the Judiciary Depend on?

Abstract

Absolute procedural independence doesn’t exist. It relates to all system of law enforcement. By analyzing specific legal facts in this article will be reasonably prove from what the judicial authority depends on and in contrast to all proposition which were put forward will open the secret of its complete independence.The author earnestly proves that the procedural guarantees of judges independence are issues of territorial jurisdiction, features of institute criminal cases, such guarantee as irremovability, the issues of material security and even the secret of retiring room. This list is not exhaustive, but it gives a full picture of judicial independence.The final conclusion of this scientific article is that all available legislative guarantees which are aimed on ensuring the principle of independence of judges bears the potential to circumvent or interpret them in a convenient way. The most reliable foundation of independence is the high-quality selection of candidates for the position of judges. If a citizen by own moral, psychological and professional qualities can objectively, fairly, impartially and at the same time«graciously» approach to the resolution of the case - this will be the best foundation for his independent activity. In addition, the latest legislative trends associated with the introduction of information technology in the criminal procedure orbitare rated in the article. The author recognizes the importance of these processes and even formulates the hypothesis that the next type of criminal proceedings will be called technocentric. However, the author asserts the position that justice should be administered only by judges and the fate of people can’t be controlled by devices with artificial intelligence.