Subjective factors affecting the fairness of decisions made by judges

Based on the premise that justice must necessarily be fair, the article examines the problem of the influence of subjective factors that positively or negatively affect the fairness of judicial acts rendered by judges. The purpose of this study is to identify these factors, which are not taken into account in the lengthy procedures for the selection of candidates and their appointment to the posts of judges, but which, in principle, cannot but affect the quality of justice carried out by judges, first of all, its fairness. The objective of the study is to identify the possibilities of the psychophysiological characteristics of the judge, which are the basis of these factors and their fixation. The results of this study will allow, when they are introduced into law enforcement practice, to increase the effectiveness of justice in terms of issuing fair judicial acts. As a brief conclusion of this study, we should consider the proposal of the need to legislate the mandatory conduct of psychodiagnostic studies of candidates for judicial positions, allowing for a reliable “culling” of those who are not suitable for the implementation of fair justice, as well as the “culling” of current judges who are unsuitable for the implementation of fair justice.

Keywords

justice, judges, justice, subjective properties of a judge, character traits of a judge

Received

03.02.2022

Publication date

18.05.2022

Number of characters

52943

Cite

GOST	Kleandrov M. Subjective factors affecting the fairness of decisions made by judges // Gosudarstvo i pravo – 2022. – Issue 5 C. 7-19 [Electronic resource]. URL: https://gospravo-journal.ru/S102694520019748-3-1 (circulation date: 05.05.2024). DOI: 10.31857/S102694520019748-3
MLA	Kleandrov, Mikhail I "Subjective factors affecting the fairness of decisions made by judges." Gosudarstvo i pravo 5 (2022):7-19. DOI: 10.31857/S102694520019748-3
APA	Kleandrov M. (2022). Subjective factors affecting the fairness of decisions made by judges. Gosudarstvo i pravo (5), pp.7-19 DOI: 10.31857/S102694520019748-3

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