Judicial Research Articles

Does environmental public interest litigation improve the urban land green use efficiency?-Evidence from a quasi-natural experiment in China.

Environmental public interest litigation (EPIL) is a significant part of the judicial system; it is aimed at strengthening judicial protections and safeguarding public interests. Based on the quasi-natural experimental setting of China's EPIL pilot project, this study examines the impact of EPIL on the country's urban land green use efficiency (ULGUE). The findings show that effectively implementing EPIL enhances ULGUE. Specifically, this policy has led to a 6.6% increase in ULGUE in pilot cities, and its impact has grown stronger over time. Mechanism analysis results show that EPIL mainly enhances ULGUE by strengthening environmental supervision and law enforcement, by increasing public participation in environmental governance, and by promoting green innovation and industrial structure upgrades. Furthermore, heterogeneity analysis revealed that the positive effects of this policy implementation are more pronounced in resource-based cities, cities with open environmental information, and cities with high marketization. This paper provides empirical evidence for the effectiveness of environmental governance via EPIL.

Eliminate Structural Injustices or Perpetuate Them: Indigenous Peoples and Transitional Justice in the Criminal Court System of Taiwan

ABSTRACT∞ In 2017, Taiwan’s government proposed reforms to the Indigenous Specialized Criminal Court (ISC) within its criminal court system (court system). Situated within the contemporary theoretical framework of transitional justice, this article explores the theoretical significance of these reforms and examines their actual state of implementation. Firstly, the article points out that the court system has led to structural injustices like the erasure of culture and socio-economic disadvantages for indigenous peoples, highlighting the limitations of the conventional transitional justice model in addressing these injustices. As a response, the ISC reform adopts strategies that differ from the conventional model. The article then attempts to develop an enhanced transitional justice model that includes structural injustices within its scope and explains the ISC reform initiatives and their inherent transitional justice significance. Finally, by evaluating the implementation status of the ISC reform, the article elucidates its theoretical implications and the feedback it offers to contemporary theoretical debates.

Peradilan Agama di Indonesia Pasca UU Nomor 50 Tahun 2009 Tentang Perubahan Kedua Atas UU Nomor 7 Tahun 1989

This research aims to reveal and analyze the existence of Religious Courts as a robust and equal branch of judicial power alongside other courts, as regulated by the Judicial Power Law. Religious courts are one of the judicial bodies exercising judicial power to enforce law and justice for people seeking justice in specific cases involving Muslims, particularly in matters of marriage, inheritance, wills, gifts, endowments, zakat, infak, alms, and sharia economy. The factors supporting the existence of religious courts are based on changes in Law Number 7 of 1989 to Law Number 3 of 2006 and Law Number 50 of 2009 concerning Religious Courts. With these changes, the institutional existence of Religious Courts has been strengthened as their adjudicative authority has been expanded, making their institutional presence as solid as other courts. This expanded authority elevates the status of Religious Courts as a medium for maintaining their institutional existence. The hindering factors include the limited physical and non-physical facilities, such as human resources (HR) that are not evenly distributed in quality and quantity within the Religious Courts, and the fact that many judges in the Religious Courts do not yet fully master civil law and civil procedural law. The amendment of Law Number 50 of 2009 brought significant changes to the judiciary in Indonesia, including changes in the position and authority of religious judges. The position of judges post-amendment of Law Number 50 of 2009 is regulated by the Supreme Court, in accordance with Law Number 48 of 2009 concerning Judicial Power, which places Religious Courts alongside other courts under the Supreme Court. Additionally, the Judicial Commission exists to uphold the honor, dignity, and conduct of judges, providing external oversight of judges.

Judicial System in Cambodia: A Documentary Data Analysis from 2018 to 2021

This study uses documentary research methods to thoroughly examine how the Cambodian court has changed over time, the problems it faces now, and the possible solutions that have been suggested. The study tells the story of Cambodia's court system from colonization to today, focusing on important events and ongoing problems. It uses rules, laws, old records, government reports, and survey numbers. According to structured research, the piece gives information about things that have been done, like setting up courts nationwide and settling criminal cases. The piece also discusses problems like insufficient people to work as judges, inadequate infrastructure, and no rules governing specific judicial jobs. This part of the research approach explains the video analysis strategy used in this study. This makes the research process more open and rigorous.

Judicial institutional design and corporate litigation: Evidence from a natural experiment in China

AbstractThe judicial institutions of a country impact corporate litigation. From 2003 to 2010, China allowed the appointed secretaries of the Committee of Political and Legislative Affairs to hold concurrent administrative roles (CAR) as directors of the Police Departments in their respective provinces. Such a policy provides a natural experiment on the change of the judicial environment. In this paper, we employ a Staggered Difference‐in‐Differences method to study the effect of changes in judicial institution on corporate litigation using data on publicly traded corporations from 1998 to 2010. We find corporations engage in fewer corporate litigations during the time period of China's CAR policy (i.e., when judicial justice was likely weaker). Further analysis shows that the probability of winning lawsuits increases for non‐state‐owned enterprises. Mechanism analysis shows that the CAR policy heightens the uncertainty of economic policies by changing companies' perceptions of the status of political and legal institutions in the judicial system, thereby reducing corporate judicial participation.

Moral Values and Progressive Judgess Position in Law Enforcement in the Indonesian Judicial System

Morals and the legal system in Indonesia correlate with forming laws in Legislative Regulations (legislators) and should make Pancasila values fundamental values or the source of all sources of law, bringing consequences for the makers of Legislative Regulations to become guides and guidelines in conducting legislative function. Ironically, the legislators show paradigmatic problems and a crisis of ethical awareness in the formation and enforcement of laws in Indonesia. This article examines the position of moral and progressive judges in the administration of justice in Indonesia. So what emerges is legal development and law enforcement that is stagnant, centralized, corruptive, very far from divine and humanist values, and far from achieving social justice, so that it will give birth to decisions that are effective and based on law in society and have social justice because law for humans, not humans for law and realizing substantive justice. In the practice of the judicial system, many judges decide cases progressively. It can be seen in the addition of Angelina Sondakh's sentence by Judge Artidjo Alkostar at the cassation level.

Connectivity Case a Juridical Review of the Handling Process before and After the Establishment of the Attorney General in the Military Criminal Field

This Indonesia is a country with a large and diverse population, consisting of many islands and a multitude of cultures and customs. The people of this nation live and operate according to existing norms and regulations, coexisting within their midst, which upholds a high regard for a legal system governing societal order. This is why Indonesia can be referred to as a legal state (rechtsstaat), a notion further solidified by Article 1 paragraph (3) of the 1945 Constitution, which declares Indonesia as a legal state.There are four systems of justice in Indonesia: general courts, religious courts, military courts, and administrative courts. These systems stand independently, separate from one another, each with its own functions and absolute authority in carrying out its duties. Thus, each system possesses jurisdiction that cannot be interfered with by other judicial systems. However, despite Indonesia's respect for the law, there are also many Indonesians who violate and disregard the laws in place, acting arbitrarily and without adherence to regulations and existing laws. This is evidenced by the numerous cases that occur, with perpetrators not only being ordinary citizens but sometimes also engaging in criminal acts alongside military personnel, commonly known as the TNI or the Indonesian National Armed Forces. The fact that TNI members exist and live among the civilian population, with their special status, combined with the drive to improve their standard of living or economic motives, leads many of them to engage in criminal activities with civilians, whether as perpetrators, accomplices, or assistants. In several cases involving both TNI members and civilians, they encounter difficulties in their handling. In connection with the above, to enhance the effectiveness of handling connectivity cases (involving perpetrators from both the TNI and civilians), a special institution/organization was established within the Indonesian Attorney General's Office, namely the Deputy Attorney General for Military Crime Affairs.

Activists and volunteers organising amid constraints: the key role of time

PurposeThis article emphasises the role of constraints when humans establish organisations. Previous research explains organisations because of individuals’ motivations. Here, I answer the question regarding the role of constraints in organising/organisations. In this article, the studied individuals face various constraints and want to avoid being targeted. Consequently, they establish horizontal organisations. I discuss the role of time in organising.Design/methodology/approachThis research builds on an ethnographical study of activists and volunteers at the border between France and Italy where migrants cross the border. The area is mountainous, and the police, the judiciary and the far-right impede the actions of the activists and volunteers.FindingsI argue that activists and volunteers establish non-hierarchical organisations to circumvent potential obstacles. To achieve this, they dedicated a significant amount of time to facilitate the formation of these horizontal structures. This approach allows them to operate without a designated leader, thereby reducing the risk of being targeted by law enforcement, judicial system or far-right groups. As a result, they successfully welcomed migrants.Originality/valueThis article presents new results on how activists and volunteers organise to welcome migrants.

POLITIK HUKUM PERADILAN PAJAK DALAM SISTEM PERADILAN DI INDONESIA

AbstractThe problematic legal arrangement of the tax court as stipulated in Article 5 paragraph (1) and paragraph (2) of Law number 14 Year 2002 on Tax Court, paragraph (1) "Technical judicial guidance for the Tax Court is carried out by the Supreme Court and paragraph (2) Organisational, administrative, and financial guidance for the Tax Court is carried out by the Ministry of Finance (now Ministry of Finance). This is certainly different from the independent judicial system or what is known as the "one roof system" in Law number 48 of 2009 concerning Judicial Power. This research uses a juridical-normative legal research method. The Juridical-Normative approach uses methods and techniques through a statute approach, case approach to examine the separation of powers and checks and balances of two power institutions, which attributively regulate the position of the Tax Court with the Tax Court Law and the Judicial Power Law and examine the Constitutional Court's decision relating to the discussion of the legal issues studied. The results of an in-depth study of the legal politics of the establishment of the Tax Court Law, should be directed at efforts to establish an independent judicial system "one roof system" and the Constitutional Court's decision to grant and declare Article 8 paragraph (2), Article 8 paragraph (3) and Article 13 paragraph (1) of the Tax Court Law does not have binding legal force, in maintaining the spirit of independent judicial power so that the court does not become an instrument of power (machtsapparaat), but becomes an instrument of law (rechtsapparaat), it is necessary to revise the Tax Court Law as part of improving the separation of powers and cheks and balances.Keywords: Legal Politics, Tax Court, Separation of Powers, checks and balances

Paradigm for the Recruitment of Supreme Court Judges by the House of Representatives is Part of Constitutional Political Intervention

The pattern of recruitment of Supreme Court justices which is constitutionally regulated in Article 24A paragraph (3) requires that the nomination of Supreme Court judges is carried out through a nomination mechanism that has been carried out by the Judicial Commission to be approved by the DPR and determined by the President as part of the check and balance concept. However, in such a mechanism it actually confronts a paradigm in which the concept of checks and balances that is presented actually intersects with the concept of independence from the judicial power itself. So by using the literature study or library research method, a conception is obtained that so far the concept of checks and balances has not been placed in the right realm. So that it often creates a problem that intersects one authority with another, including in the realm of the mechanism for the recruitment of Supreme Court justices. So it is important to understand how the conception of Article 24A paragraph (3) is the legal basis for the pattern of recruitment of Supreme Court justices. As well as occupying the concept of the independence of the Judicial Commission in an effort to create accountable supreme justices.

Judicial Review of the Application of Ultra Vires Doctrine in Malaysia and Indonesia: A Legal Comparison

The Ultra Vires Doctrine serves as a fundamental principle in corporate law, delineating the boundaries of governmental authority and ensuring adherence to legal framework. This comparative study explores the application of the Ultra Vires Doctrine in the judicial systems of Malaysia and Indonesia. Through an analysis of relevant case law, statutory provisions, and scholarly literature, the study highlights similarities and differences in the interpretation and implementation of the doctrine across these jurisdictions. While both countries recognize the importance of restraining government action within legal limits, variations emerge in the extent to which courts intervene and the factors considered in determining ultra vires acts. By shedding light on these legal frameworks, this research contributes to a deeper understanding of corporate law principles in Malaysia and Indonesia and provides insights for legal practitioners, policymakers, and scholars seeking to navigate and strengthen the rule of law.

A Court’s Right to Moderate Administrative Penalty in Selected Central European Countries

The purpose of this paper is to analyse the extent of a court’s authority to moderate[1] penalties imposed by administrative bodies in several Central European countries: the Czech Republic, Slovakia, Germany, and Austria. The central goal is to investigate the legal frameworks within these nations and their relationship to Article 6 of the European Convention on Human Rights.The methodology employed involves a comparative analysis of legal provisions in the aforementioned countries concerning judicial review of administrative penalties. The study scrutinizes the differences in the legal approaches taken by these nations, highlighting the diverse methods used to address the court’s role in moderating administrative penalties. The investigation is grounded in the concept of full jurisdiction, emphasising the right of individuals to have their cases thoroughly examined by a court, which also includes assessing the legality, merit, appropriateness, and proportionality of the penalties imposed.The findings reveal significant variations among the surveyed countries regarding the approach to judicial review of administrative penalties. These differences underscore the complex interplay between the executive and judiciary branches within legal systems, raising crucial concerns about principles such as legal certainty, proportionality, and the right to an effective remedy. The paper illuminates the varying degrees of court intervention in moderating administrative penalties across different legal contexts and makes a substantial academic contribution by shedding light on a relatively understudied aspect of administrative law within Central Europe. It provides valuable insights into how different legal systems address the delicate balance between executive power and judicial oversight, particularly in matters of administrative penalties.The study’s originality lies in its comparative approach, offering a nuanced understanding of the court’s role in moderating penalties and its implications for broader legal principles and human rights protection. Furthermore, the paper serves as a foundational resource for scholars and practitioners interested in exploring the origins and nuances of judicial moderation in administrative law, potentially inspiring further research and providing a schematic tool for navigating this complex legal terrain. [1] The article uses the term ‘moderate’ as a verb in situations where a court, as defined in Article 6 paragraph 1 of the European Convention on Human Rights, is by law authorized to reduce the imposed administrative penalty at its discretion or to refrain entirely from imposing a penalty while reviewing an administrative decision. In such instances, we are not referring to court moderation wherein the court is the entity directly imposing the administrative penalty.

Peran Majelis Kehormatan Mahkamah Konstitusi Dalam Penegakan Undang Undang Dasar Dan Penyelesaian Pelanggaran Kode Etik Ketua Mahkamah Konstitusi

The Ministry of Constitution have a vision on enforcing the Constitution in order to actualize the country of democracy, as well as the ambitions of our state law that is; to create a dignified life of the people and the nation. The purpose of the said vision is so that it can serve as a guideline, to exercise responsible judicial power in accordance with the mandate of the constitution, and independently for the Constitutional Court. The role of the Honorary Council of the Constitutional Court is to maintain and supervise the behavior of the Constitutional Court using descriptive research methods that are quantitative or non-quantitative. directly by conducting a literature review taken from search and normative results. The Honorary Council of the Constitutional Court is an institution that plays a role in monitoring and examining the actions of judges in the constitutional court which are suspected of violating the constitution. The authority of the Honorary Council according is to examine and make decisions on reports and information that the respondent judge is suspected of committing serious violations. The decision of the Honorary Council of the Constitutional Court as a means of enforcing the code, ethics and behavior of Constitutional judges is final and binding. Role of the Law The Constitution by the Constitutional Court regarding Cases of Violations of the Code of Ethics is the legal basis and source of law for making rules as code and ethical guidelines in carrying out the judicial duties of the Constitutional Court, Honorary Council. The Constitutional Court is the body responsible for guaranteeing and implementing the basic principles of the

Современные тенденции определения подведомственности споров

Since 2018, the term jurisdiction cannot be applied to civil proceedings as the legislator found it outdated after the single Supreme Court had been introduced. In fact, this term has never been mentioned in the Constitution of the Russian Federation. However, the phenomenon designated by the term cannot be removed from the doctrine and judicial practice for the following reasons. First, the rules of jurisdiction distribute cases between judicial and non-judicial bodies. Second, they make it possible to identify cases of a non-legal nature that cannot claim state protection. The law of 2018 had some positive consequences. Now, the refusal procedure is less complicated. Non-judicial cases can be easily transferred under proper jurisdiction where they will be considered according to a different type of legal proceedings. As for the negative consequences, it seems that the legislator interpreted jurisdiction only as the distribution of cases between different courts and substituted the term subject matter jurisdiction with court jurisdiction. The author criticizes this narrow approach and highlights two urgent issues: 1) not every case has to go to court; 2) digital technologies are important in legal proceedings. These trends can optimize judicial competence, as well as create new rules of court jurisdiction without violating the constitutional right to judicial protection. The article describes the rules of jurisdiction and their improvement, as well as determines the place of jurisdiction among other procedural institutions and introduces some ways to reform the subordination of civil cases to courts of civil jurisdiction. Jurisdiction has an intersectoral nature and is a way of distributing cases between judicial and non-judicial bodies. A combination of standard scientific methods with the formal-legal analysis made it possible to identify the following development directions. 1) Non-judicial cases need proper criteria. 2) New information technologies should enter the judicial system to update the court procedure, e.g., minor cases could be reviewed in court exclusively as an electronic procedure.

Correlation between the Arbitrators’ Discretion and the Natural Justice in Arbitration Proceedings

INTRODUCTION. This article discusses the ap­proaches developed by the courts of the Asia-Pacific region (on the example of Singapore, Hong Kong and Malaysia) on the relationship between the arbitrators’ discretion when considering disputes and the obser­vance of the principle of natural justice.The purpose of the article was to analyze the ap­proaches of national courts to the interpretation of the principle of natural justice in the context of the imple­mentation by arbitration of its discretionary powers in resolving disputes submitted to them. The risk that the arbitrators fail to find a balance between discretionary powers and natural justice is that the award may be set aside.MATERIALS AND METHODS. The study was based on the analysis of national legislation of the countries of the Asia-Pacific region, the practice of ar­bitration centers and judicial bodies, as well as the ex­isting positions of researchers specialized in the natu­ral justice issues and practitioners in the field of international commercial arbitration. The methodo­logical basis of the research includes general scientific (analysis) and special legal (comparative legal) methods.RESEARCH RESULTS. International commercial arbitration is widely regarded as an alternative dis­pute resolution mechanism to litigation in national courts. However, national courts are often involved in reviewing arbitral awards in the context of their set­ting aside in order to ensure that the arbitral proce­dure complies with the fundamental principles of nat­ural justice. The understanding of the principle of natural justice is not the same in all jurisdictions and depends on the venue of the arbitration, as well as on what rules the parties have agreed to govern the pro­ceedings. Arbitral discretion is important in filling the gaps left by the rules and guidelines formulated by various arbitral institutions and practices.DISCUSSION AND CONCLUSIONS. The author considers the approaches of the courts of Singapore, Hong Kong and Malaysia ensuring a balance between arbitrators ‘discretion and compliance with the princi­ple of natural justice, and also, based on the analyzed practice, suggests ways to minimize the risk of annul­ment of an arbitral award due to a violation of natural justice, namely the need for an established procedural protocol, which would provide certainty and eliminate problems arising in connection with the application of discretion by arbitration.

Публично-правовые основы цифровой трансформации судебной системы «Умный суд» (опыт Китая)

The article discusses legal issues of the influence of digital technologies on the modern judicial system. A new stage in the reform of the judiciary has been outlined, which has received a single name — Digital Justice. Similar processes are taking place abroad, which determines the relevance of comparative legal research and appeal to the experience of the People’s Republic of China. The digital transformation of the PRC judicial system is taking place under the auspices of the “Smart Court” concept. The positive results of the implementation of this trend are highlighted: the possibility of intellectual analysis of judicial practice, the creation of special algorithms for the preparation of draft court decisions, the establishment of an Internet court, the approval of the rules of asynchronous judicial proceedings, the development of digital products based on artificial intelligence specifically for the judiciary. The principles of using artificial intelligence in the judicial sphere are presented. The necessity of developing and adopting a national strategy for the digital transformation of judicial authorities in the Russian Federation is shown.

Indicative mechanism of influence of judicial precedent and judicial practice on the modern legal system of Ukraine

The article examines, in practical and theoretical aspects, of influence of judicial practice and judicial precedent on the modern legal system of Ukraine. Since Ukraine has been granted candidate status for accession to the European Union, significant changes have been taking place in the legal system of Ukraine, particularly in international law norms, where international treaties have become not only obligatory for application within the legal system of Ukraine but also have priority in case of conflicts between national and international legislation. These changes are driven, in part, by the inclusion of judicial power and issues of justice in the negotiating process regarding Ukraine’s membership in the European Union, identified as the most important tasks for Ukraine. This cluster, which opens first and closes last, defines the fundamental aspects of legal and institutional alignment between Ukraine and the European Union. The importance of this cluster lies in the fact that the judicial system and justice play a key role in ensuring the rule of law, democracy, and the protection of human rights. This significantly influences modern judicial practice and envisages an even wider use of existing precedents or precedents being formed. Currently, in the judicial practice of Ukraine, there are processes that can be interpreted as an indicative mechanism influencing the legal system of Ukraine. It involves a qualitatively distinct set of characteristics that were not evident in previous years. This concerns the interrelation between the legal system of Ukraine and contemporary judicial practice with inherent features of normativity of a precedent-based type. There is a mutually conditioned process. On the one hand, judicial practice is becoming increasingly internationalized, meaning it increasingly employs principles, standards, and norms of international treaties, increasingly accepts judicial precedent of varying degrees of formation, and increasingly orients itself toward widely recognized judicial-legal ideas and principles. On the other hand, the legal system of Ukraine provides for the possibility of effective control over the implementation of international acts within the framework of judicial practice, including the use of judicial precedent to a certain extent and in certain areas of application. Thus, judicial practice, utilizing judicial precedents of national and international origin, serves as an indicative mechanism for analyzing the legal system. Actual judicial practice becomes an indicator of the development of the legal system and its adequacy to contemporary socio-legal and state-legal processes.

Gendered Judicial Opinions

In this paper we investigate whether gender is associated with the content of judicial opinions in the U.S. courts of appeals. Using a topic model analysis, we find that gender is a significant predictor of the content of judicial opinions. Two causal pathways could explain this result: (1) men and women judges write differently about the same cases; (2) men and women judges write about different cases, either due to assignment or selection effects. To untangle these two pathways, we carry out three additional analyses. First, we examine whether the United States as a party is associated with judge gender. We next examine whether case codes are associated with judge gender. Finally, we examine the relationship between topic prevalence and gender, controlling for case codes. Our findings lend greater support to the second pathway than the first. This result raises the prospect that prior work on gender-based differences in judicial behavior may be confounded by assignment or selection effects. Our results also raise normative concerns about gender disparities in voice and influence in the U.S. courts.

Legitimacy of Subjects of the Right to Judicial Protection in the Law Enforcement Practice of Land and Property Disputes Resolution: Formulation of the Problem

The article is devoted to the study of the problems of the ownership of the plaintiff and the defendant as parties to a land-property dispute in the current law enforcement practice of courts of general jurisdiction. The author emphasizes that the primary task of the judicial branch of government and a specific court as its representative is to correctly determine the subject composition of the case, the subject of which is the resolution of a land and property dispute. Achieving the specified task has two main consequences: obtaining legal protection of the violated, unrecognized or disputed right by the proper “offended” person and placing responsibility for the committed encroachment on property rights on the actual violator. The article analyzes the procedural institution of replacement of an improper defendant as a mechanism designed to ensure the implementation of the principle of ownership of the parties to the dispute in the civil process. In particular, the author drew attention to the fact that in the judicial practice of courts of all instances, the terms “proper plaintiff” and “improper plaintiff” are used, the definition of which is not contained in the current civil procedural legislation. In addition, the article analyzes the judicial law enforcement practice formed in the part of replacing an improper party in cases for the resolution of land and property disputes and formulates relevant conclusions regarding the ambiguity of the positions of courts of general and administrative jurisdiction in this matter. The author conducted a comparative analysis of the legal regulation of the institution of replacement of the proper party in a dispute under civil and administrative procedural legislation. Based on the results of the research, the author outlined the scientific and practical aspects of the investigated issues in this field of civil procedural law. In particular, the author comes to the conclusion about the inconsistency of the legislator’s vector regarding the development of an effective procedural mechanism for the protection of the rights of subjects of land legal relations, which in turn creates prerequisites for possible abuse of the court’s procedural powers.

Формирование профессиональной судейской корпорации в России (XVIII–XXI вв.)

The article introduces a comprehensive analysis of professional judicial corporation in Russia in the XVIII–XXI centuries in its theoretical and historical aspects. The research objective was to clarify the concept and categories of judicial power, as well as to model the process of its development in Russia. The issue of professions and professional corporations as social phenomena is a matter of sociology. For lawyers, sociological studies are important in connection with the issue of judicial corporation development, i.e., its theoretical and historical development. The author relied on the structural and functional approach to the professionalization model developed by sociologist G. Vilensky, who interpreted the categories of judicial profession, judiciary, and judicial corporation. The authors revealed the directions in the development of the professional judicial corporation in Russia in the XVIII–XXI centuries and periodized this process. A separate and permanent judicial function determined the emergence of professional judiciary, organizationally represented by a professional judicial corporation. The profession of a judge is all these elements combined. The judicial corporation developed in Russia in three directions, i.e., normative, organizational, and symbolic, with a prominent regulatory influence of the state. The judicial profession and professional corporation started to develop in Russia during the judicial reforms in the XVIII century. This slow, nonlinear, and discrete process was completed as late as in the XXI century with all the necessary stages of professionalization: the professional corporation finally became the organization form of the Russian judiciary. The authors revealed five stages in the history of the professional judicial corporation in Russia: 1) XVIII century; 2) the first half of the XIX century; 3) 1864–1917; 4) 1917–1989; 5) 1989 – early XXI century.