{"title":"民事诉讼中法官独立原则与辩护独立原则的互动","authors":"A. Fedina","doi":"10.18287/2542-047x-2022-8-2-70-77","DOIUrl":null,"url":null,"abstract":"The article examines the forms of interaction of the eponymous principle of independence in the professional activities of a pleader and a judge in a civil process. The conditions of independence are necessary for the judge and the pleader to be free in political, economic and intellectual terms for the qualitative implementation of professional activities. The author concludes that the independence of a pleader, as well as the independence of judges, has its own limits in subordination to Constitution of Russian Federation and the law, guarantees of the independence of pleaders and judges are similar in content. Guarantees of the independence of professional activities of judges and pleaders in the Russian Federation are the organizational independence of the judicial system and the bar, the activities of the bodies of judicial and bar community, the ban on interference in their professional activities, as well as the ban on engaging in any activities other than those defined in the law. Mutual respect for judicial and pleader independence makes the procedural activities of the pleader and the court in civil proceedings more effective and rewarding.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"466 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Interaction of the principle of independence of judges and the principle of independence of advocacy in civil proceedings\",\"authors\":\"A. Fedina\",\"doi\":\"10.18287/2542-047x-2022-8-2-70-77\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The article examines the forms of interaction of the eponymous principle of independence in the professional activities of a pleader and a judge in a civil process. The conditions of independence are necessary for the judge and the pleader to be free in political, economic and intellectual terms for the qualitative implementation of professional activities. The author concludes that the independence of a pleader, as well as the independence of judges, has its own limits in subordination to Constitution of Russian Federation and the law, guarantees of the independence of pleaders and judges are similar in content. Guarantees of the independence of professional activities of judges and pleaders in the Russian Federation are the organizational independence of the judicial system and the bar, the activities of the bodies of judicial and bar community, the ban on interference in their professional activities, as well as the ban on engaging in any activities other than those defined in the law. Mutual respect for judicial and pleader independence makes the procedural activities of the pleader and the court in civil proceedings more effective and rewarding.\",\"PeriodicalId\":406056,\"journal\":{\"name\":\"Juridical Journal of Samara University\",\"volume\":\"466 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-11-10\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Juridical Journal of Samara University\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.18287/2542-047x-2022-8-2-70-77\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Juridical Journal of Samara University","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.18287/2542-047x-2022-8-2-70-77","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Interaction of the principle of independence of judges and the principle of independence of advocacy in civil proceedings
The article examines the forms of interaction of the eponymous principle of independence in the professional activities of a pleader and a judge in a civil process. The conditions of independence are necessary for the judge and the pleader to be free in political, economic and intellectual terms for the qualitative implementation of professional activities. The author concludes that the independence of a pleader, as well as the independence of judges, has its own limits in subordination to Constitution of Russian Federation and the law, guarantees of the independence of pleaders and judges are similar in content. Guarantees of the independence of professional activities of judges and pleaders in the Russian Federation are the organizational independence of the judicial system and the bar, the activities of the bodies of judicial and bar community, the ban on interference in their professional activities, as well as the ban on engaging in any activities other than those defined in the law. Mutual respect for judicial and pleader independence makes the procedural activities of the pleader and the court in civil proceedings more effective and rewarding.