Analytical activity of a judge in administration of justice in civil cases as a sectoral measure of legal analysis

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Analytical activity of a judge in administration of justice in civil cases as a sectoral measure of legal analysis

Journal Title: Альманах права - Year 2018, Vol 9, Issue 9

Abstract

The article is focuses on clarification of the role of judge’s analytical activity during administration of justice in civil cases as a sectoral measure of legal analysis. It is emphasized that in the legal literature the analytical activity of courts is reduced mainly to the analytical powers of the courts of higher instances in the processing of judicial statistics and generalization of judicial practice. However, it is emphasized that in this sense analytical powers of the court are somewhat narrowed, since the aforementioned activity is usually carried out by the employees of the court officials of the relevant court, and not by the judge which is administering justice in a specific case, analyzing evidence, examining applications and petitions and ruling the judgment. Attention is drawn to the fact that in order to consider and resolve civil cases, the judge must have high professional skills, be able to process information promptly, for which he must have highly developed intelligence and analytical thinking without which it is impossible to draw the right conclusions and to quickly make decisions on issues that arise during consideration of a civil case. It is comparing the analytical activity of a judge when a judge rules the judgment or decree in the form of a separate document, which takes place in the counseling room (when the judge has time for analytical conclusions), as well as in solving applications and petitions of the participants of the case without going to the counseling room. Taking into account that during the court session a number of different applications and petitions can be filed, the judge must first consider whether such statements or claims have been filed before and what is the outcome of their resolution, and, depending on this, to resolve it. Most of the statements and petitions of the participants in the case relate to the reclamation of evidence. To resolve them, the judge must analyze and compare demanded evidence with the subject of proof and established by law means of proof, permissible in a particular legal relationship, as well as the existence in the law of the possibility of considering and satisfying such applications and petitions. A number of applications and petitions of participants in the case concerns the involvement of third parties in the case without a separate claim for the subject of a dispute. In considering such petitions, the court should analyze and compare with the subject of the dispute the existence of conditions established by law for the participation of such a third person in a particular case. The existing requirements, concerning the validity of a court decision, which indicate the analytical nature of the judge’s activity when considering and resolving civil cases, are analyzed. The justification is given to fact that the judge’s activity has a completed analytical cycle (from the legislative definition of the task of civil justice for each civil case, the collection and systematization of evidence of the circumstances of the case, and completing the analysis of claims and objections of the parties and comparing them with evidence and ruling the judgment). It is concluded that the judge’s analytical activity is crucial for his administration of civil justice, which allows one to talk about one of the sectoral levels of research in legal analysis and, using its methodology, to determine the influence of the analytic functions of a judge on the effectiveness of his procedural activity.

Authors and Affiliations

Sergiy Koroied

Keywords

civil proceedings justice judge analytical powers arguments of parties evidence court judgments legal analytics

EP ID EP544561
DOI -
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