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Independence of Court Proceedings: Impartiality and Fairness

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Chapter Summary

The matter concerning goals and objectives of the civil procedure that may include ensuring of justified public court proceedings conducted by an independent and unbiased court may seem old and trite. The socio-cultural type of the society and its legal culture mainly determine the goals and objectives of the civil procedure. This chapter deals about the originality of the Russian legal system, including its civil procedure. Courts of general jurisdiction consider civil cases with public involvement. Now-a-days, international standards determine that state and other institutions should respect and keep the judiciary independent. The principle of judiciary independence, subject to its effective implementation, is fundamental for fair court proceedings. Impartiality is an evaluating category characterizing the decision-making process and attitude of a judge to parties' arguments. With strengthening the court's role in resolving social conflicts, the importance of legislative guarantees of judicial independence grows.

Keywords: court proceedings; impartiality; judicial independence; Russian legal system

10.1163/9789004257818_019
/content/books/b9789004257818s019
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