Open AccessThe problem of determining ways of legal regulation for conflicts of interest in judicial activity
Author(s) -
Ekaterina V. Ryabtseva,
AUTHOR_ID
Publication year - 2021
Publication title -
vestnik sankt-peterburgskogo universiteta. seriâ 14, pravo/vestnik sankt-peterburgskogo universiteta. pravo
Language(s) - English
Resource type - Journals
eISSN - 2587-5833
pISSN - 2074-1243
DOI - 10.21638/spbu14.2021.408
Subject(s) - impartiality , public interest , conflict of interest , political science , economic justice , judicial discretion , law , quality (philosophy) , judicial opinion , affect (linguistics) , administration of justice , judicial review , law and economics , psychology , sociology , philosophy , communication , epistemology
The formation of the theoretical foundations for the prevention of conflicts of interest in judicial activity and practical directions to curb their occurrence is due to ongoing institutional transformations of the judicial system, changes in the status of judges and employees of the court apparatus, as well as organizational and legal support for judicial activity. In judicial activities, conflicts of interest are manifested in the behavior of judges during the exercise of judicial powers due to the emergence of contradictions between personal needs and public interests, which directly determines the nature of conflicts of interest and the form of their manifestation in the activity in question. Judges, as carriers of the judiciary, must be independent and impartial when exercising their exclusive right to administer justice. Conflicts of interest directly pose a threat to impartiality, may affect trust and respect for judges, and undermine the authority of the judiciary in society. The increasing negative impact of conflicts of interest on the formation of a professional staff of judges, which reduces the quality of the administration of justice, justifies the need to determine the limits of conflicts of interest. It is necessary to formulate clear criteria for conflicts of interest for judicial activity, in which requirements, prohibitions and restrictions are imposed on judges as carriers of the judiciary and aimed at eliminating conflicts of interest in their behavior.