Vasilev D. —
Productivity and efficiency in the evaluation of judicial activity
// Law and Politics. – 2022. – ¹ 3.
– P. 49 - 79.
DOI: 10.7256/2454-0706.2022.3.34635
URL: https://en.e-notabene.ru/lpmag/article_34635.html
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Abstract: The article raises the question of whether it is correct to use the term "efficiency" when evaluating judicial activity using quantitative indicators of judicial statistics. These indicators are focused on the departmental needs of a closed-in judicial system. The article shows that in relation to the assessment of the activity of courts according to judicial statistics, it is correct to use the term "productivity". The thesis of the article is that when evaluating the work of courts and judges, to distinguish productivity from efficiency. It is noted that the productivity of ships and their efficiency are not directly dependent. Particular attention is paid to determining what constitutes the effectiveness of judicial activity. The author comes to the conclusion that the effectiveness of judicial work can be investigated by studying the assessments of courts and judges by their "clients" - litigants, other persons involved in the case, society as a whole. Courts act effectively if their "reputation capital" increases in the eyes of society. The currently used indicators of judicial statistics should be replaced by an assessment of the effectiveness of justice based on a sociological study of the reputation of the judiciary. The judiciary should have its own structures to monitor changes in public opinion regarding the reputation of the courts. When considering a possible methodology for assessing the reputation of courts and judges, it is noted that it is not expressed in quantitative data. Shifting the emphasis in the evaluation of judicial activity to the study of efficiency will provide feedback to the judicial system with its "clients", will form additional motivation for judges to take care of their own reputation in the eyes of public opinion.
Vasilev D. —
Indicators of judicial statistics as criteria for assessing judicial activity
// Law and Politics. – 2021. – ¹ 3.
– P. 79 - 100.
DOI: 10.7256/2454-0706.2021.3.34355
URL: https://en.e-notabene.ru/lpmag/article_34355.html
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Abstract: The implementation of the constitutional principle of judicial independence directly correlates with the criteria by which their activity is being assessed. Russian courts use judicial statistics for assessing the performance of judges. This article analyzes the applicability of statistical indicators as direct indicators of the performance of judges. The hypothesis advanced that with sufficient pressure and absence of artificial manipulations, the statistical probability of maximum indicators of “quality” and “terms” tends to zero. Statistical values are determined by a range of factors, including those that do not depend on the judges. Their objective and direct imputation to judges misinforms and distorts the reality. The assessment of mental work of the judges in exact figures is pointless. The conclusion is made that the achievement of the maximum statistical indicators cannot be a value orientation of the judicial system. The simplicity of their use is deceptive. In reality, the assessment of judges by “quality”, “quantity” and “terms” is imbalanced, inconsistent, and non-functional. Statistical indicators can be used for assessing the performance of judges only as indirect indicators. In this case, it is feasible to use the “red flags” method, which means that only significant departure from the norm should be taken in account in assessing judicial activity.
Vasilev D. —
Judicial statistics and corporate structure of the Russian courts
// Law and Politics. – 2020. – ¹ 12.
– P. 34 - 49.
DOI: 10.7256/2454-0706.2020.12.43380
URL: https://en.e-notabene.ru/lamag/article_43380.html
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Abstract: The subject of this research is the impact of assessment of judicial performance in accordance with the indicators of judicial statistics upon the organization of culture of the Russian court, which incorporates the shared by majority of judges informal rules of conduct, traditions, and values. The article describes such criteria for assessment of judicial performance as “quality”, “quantity”, and “terms”. In studying the historical origin of judicial performance assessment based on judicial statistics, it is demonstrated that the tradition of such assessment was founded in the 1930s, when political leadership who carried out repressive policy instigated “socialistic competition” between the courts and the judges. The article analyzes the impact of the “struggle for statistics” upon conduct of judges. Such circumstance that in consideration of cases the judges take into account judicial statistics violate the requirement of procedural fairness. There is a contradiction between the Russian legislation, which for the most part complies with the universally recognized international principles, and conservative organizational culture of the Russian courts. Mechanism of reproduction of the latter is the inertia of the “struggle for statistics”. In order to bring into compliance the representations of Russian judges on the acceptable conduct with the values of democratic justice, the system of assessment of judicial performance requires revision.