CONCEPTS AND TYPES OF MODELS OF JUDICIAL SYSTEMS (ON THE EXAMPLE OF FOREIGN COUNTRIES)

Abstract

The article examines the models of foreign judicial systems and their features. It was noted that an independent judiciary is impossible under authoritarian and totalitarian regimes. Regardless of the form of government, the judiciary must be equally separated from other branches of government, which, of course, does not exclude its relationship with them. At the same time, the degree of its autonomy, independence and authority is determined by historical features, the level of legal awareness and some other factors. The growth of its role is general, which in particular was facilitated by the expansion in the second half of the 20th century. judicial control (supervision) of the constitutionality and legality of regulatory and other legal acts.

It was emphasized that the independence of the judiciary in England is ensured by the following rules: all interested persons can in all cases apply to the divisions of the Supreme Court. Of course, these units try to avoid overload, but it is they who decide whether to accept a case for consideration or not. In addition, they can at any moment accept a case pending in another court for their proceedings. All higher courts are not only capable of making their own rules of law and establishing the order of their activities, they have sufficient means to compel others to obey and respect their decisions.

The main features of the Romano-Germanic model of judicial systems are named: a developed legal framework that determines the organization and activity of courts; denial of judicial precedent as a source of law; the use, along with the appeal form, of cassation and revision forms for appealing court decisions and sentences; a much more active role of the judge in the process compared to the Anglo-Saxon model; and at the same time regarding the lesser prevalence of the institution of jurors and justices of the peace; preferential appointment of professional judges of the lowest level; functioning of judicial self-government bodies.

It is indicated that the peculiarity of the law of the Scandinavian countries is that judicial practice is recognized as a source of law, which actually plays a leading role in the system of sources of law. This allows us to draw a conclusion about the intermediate position of Scandinavian law between the families of common law and Romano-Germanic law.