Procedural Independence of Judges and Their Self-Efficiency: Correlation of Notions

Abstract

The principle of independence of judges is captured in the Criminal Procedure Code of the Russian Federation relatively recently, yet, as the scientists claim, the formal formulation of the judge independence principle bears a generalized and «diluted» character and does not disclose the essence of the principle. The author carries out the study of the notion «independence», as well raises the issue of correlation of the notions «independence» and «self-efficiency» and of correctness of using these notions in regard to the court, in general, and to judges, in particular, because the RF legislation does contain the statements referring to self-efficiency and independence of the court and judges but gives no answer to the issue of their delimitation. The article is devoted to studying the legislation and scientists positions concerning the correlation and application of the notions « independence» and «self-efficiency» to the court and judges, expresses the authors position, offers the criteria of delimitation of the notion under consideration.