Issue 3 (17) 2012

Reznikov ON THE IDENTITY OF PROFESSIONAL JUDGE

ON THE IDENTITY OF PROFESSIONAL JUDGE

E.V. Reznikov

Volga Institute of Economics, pedagogy and law

6, Sovetskaja st., Volzhskij, 404111

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This article examines the practical aspect of this definition as a "legal identity", which is a relatively new concept, worked out by science theory of law. The author shows the main direction of the integration of theoretical and practical research in this category.

The activities of a judge may be regarded as a combination of two aspects - the cognitive and volitional. The first is that the judge in carrying out their professional duties continuously receives and processes large amounts of information - facts of the case studies, compares and evaluates the evidence and other value foundations of the judicial component of the desire for the truth. This value seems to be quite independent of whether there appears to truth as the goal of justice in procedural law. Reliability (true) knowledge about the actual circumstances of the case, as well as the legal correctness of their assessment, the terms are automatically making a lawful and fair judgment (sentence), which follows logically from the nature of justice and does not require special regulatory consolidation.

Volitional component of the justice due to the fact that the judicial knowledge of the pragmatic and not be limited to establishing the truth, but always focused on the adoption of the final decision. The judgment result of intellectual work carried out to connect to the ethical position of a judge. In this section takes effect this value as justice, the judge shall elect from among the possible solutions of the case provided for by law, one that is most relevant to the factual findings and contributes to the establishment of social equilibrium.

Keywords: law; legal personality; legal community; identity; legal identity; the subject of a legal identity

Bibliograficheskij spisok

1. Vedomosti SND i VS RF. 1992. №30.

2. Garapon A. Hranitel' obewanij: sud i demokratija. M.: Nota Bene Media Trejd Kompanija, 2004. 328 s.

3. Ljublinskij P.I. Sud i prava lichnosti // Sud i prava lichnosti: sb. st. M., 2005. 746 s.

4. Smirnov A.V. Modeli ugolovnogo processa. SPb.: Nauka; OOO «Izdatel'stvo "Al'fa"», 2000. 224 s.

5. Hal'bvaks M. Social'nye ramki pamjati. M.: Novoe izd-vo, 2007. 348 s.