The recusal of a judge in civil proceedings: problem aspects

Abstract

Judicial activity is an integral component of fair and effective civil justice. In civil proceedings, judges play a key role in ensuring compliance with the rights and interests of the parties, consider disputed issues, resolve legal disputes and make decisions that have a significant impact on the lives of citizens and businesses.

The legal importance of the judge's role in civil proceedings cannot be underestimated. They are required not only to have professional competence and knowledge of legislation, but also to be neutral, uninterrupted and fair in resolving cases. They must understand the complexity of situations, conduct an objective analysis of evidence, apply relevant legal norms and ensure the stability of the administration of justice.

The content of the work examines the institution of impeachment of a judge in civil proceedings. The impeachment of a judge is an important tool for ensuring transparency and trust in the judicial system, as well as for introducing the principle of publicity into the work of the court. The given information confirms the imperfection of this legal institution, as both the provisions of the legislation and the practice indicate the significant presence of subjective factors in the conduct of procedural actions regarding the impeachment of a judge. Because such actions are based on internal belief, they can significantly affect the fairness of the final decision. An analysis of the current national legislation was carried out. The position of the ECHR regarding this institution, which evaluates subjective criteria that determine the personal bias of a judge in a specific case, is considered.Ways to improve this institute are proposed, in particular by comparing it with foreign legislation and suggesting one's own ways of improving problematic aspects.

The study of the role of visiting a judge in civil proceedings can make a significant contribution to the understanding of judicial practice and the principles of justice. The results of this work can be useful for practicing lawyers, judges, academic researchers and all interested persons who are interested in the issues of civil procedure and the development of the judicial system.

The analysis of the role of impeachment of a judge in a civil process will provide an opportunity to better understand the meaning of judicial activity and the impact it has on citizens and society as a whole.