DOI: 10.25136/2409-7136.2020.12.34847

Abstract: This article analyzes the peculiarities of functionality of transcendental reflection among judges in the context of realization of the power of judgment. An attempt is made to answer the questions on how the judges exercise their power of judgment in decision-making, problems they are facing and ways for their solution. Attention is focused on the peculiarities of ensuring unity of self-consciousness of the judge in carrying out professional activity, as well as on the flaws of the determining and reflective power of judgment, which serve as the grounds for vacation of decisions of the courts of primary jurisdiction through appellation. The author also reviews the prospects for the implementation of artificial intelligence systems into judicial proceedings in light of the questions raised in the article. This work leans on the results of research conducted in 2019–2020 at the intersection of theoretical philosophy, philosophy and sociology of law, theory of state and law. Within the framework of this study, the question of decision-making by judges is viewed through the prism of philosophical system of I. Kant, namely through his concept of the power of judgment. The research is carried out in three directions: transcendental, formal-legal, and sociological. The results consist in formulation of practical recommendations that would improve the effectiveness of realization of the power of judgment, and thus the overall efficiency of judicial proceedings in Russia.

DOI: 10.25136/2409-7136.2020.11.34600

Abstract: The main purpose of the article is to demonstrate on the matter of empirical material the importance of judges’ assessment of legally significant circumstances of the case for Russian civil and administrative proceedings. The subject of the research is the norms of the current procedural Russian legislation, the texts of the appellate rulings on cancellation of the decisions of the courts of first instance in civil and administrative cases of the Kaliningrad region, which entered into force in the period from 01.01.2017 to 31.12.2020, and the data of judicial statistics of the Judicial Department at the Supreme Court of the Russian Federation for 2017-2019. The author uses sociological and mathematical methods, as well as methods of content analysis of the texts of appeal rulings on the cancellation of decisions of the courts of first instance in civil and administrative cases. The novelty of the study is due to the fact that nobody has previously collected and analyzed statistical data on specific grounds for the complete cancellation of decisions of the courts of first instance in appeal order in civil and administrative cases in the Kaliningrad region. As a result of the analysis of specific empirical material, the author establishes that the judges' assessment of legally significant circumstances plays a key role for contemporary Russian legal proceedings. This is especially true for civil proceedings. This conclusion follows from the fact that every 25th decision of the court of first instance in civil proceedings is subject to complete cancellation. In 80% of such cases, the court's incorrect assessment of the legally significant circumstances of the case is the only or one of several grounds for cancellation.

DOI: 10.25136/2409-7136.2019.12.31745

Abstract: The subject of the research is explication of Immanuel Kant's views on specifics of judge's activity. Despite the fact that the aforesaid issue was not so frequently discussed by the philosopher, it is still possible to find ideas in his works that are important for modern law enforcement practice and demonstrate why judges take certain decisions what principles they follow or must follow. The author of the article bases his research not only on Kant's works on practical philosophy (which is expectable because he speaks of philosophical-legal aspects of law enforcement) but also on theoretical philosophy. The main research method used by the author is the analysis of primary sources for the purpose of explication and reconstruction of Immanuel Kant's ideas that are of crucial importance for the solution of aforesaid issues. The scientific novelty is caused by the fact that never before Russian or foreign academic literature contained explication of Immanuel Kant's ideas about specifics of judges' activity. Meanwhile, this is a very important topic for the revitalisation of transcendental idealism ideas that have a powerful heuristic potential for the development of the modern philosophy of law. In particular, the author suggests to analyze activity of judges from the point of view of Imannuel Kant's teaching about abilities of judgement. Moreover, the author focuses on the definition of reflective justice that allows to define some peculiarities of the process of judge's decision-making process. 

DOI: 10.25136/2409-8728.2019.2.28880

Abstract: The author examines the contribution of E. K. Medtner to the development of analytical psychology. The focus is made on what role his ideas and the struggle against anthroposophy of R. Steiner played in establishment of the concept of C. G. Jung on sure ground of the transcendentalism of I. Kant. Special attention is also given to the fact how in the process of interaction with Jung, in the activity and ideology of Medtner have appeared the attributes of synthesizing rationality that characterizes the peculiarities of thought pattern of the prominent Russian philosophers of the late XIX – early XX centuries. The article is structure on the basis of comparative analysis of the sources on the topic, including correspondence between Medtner and Jung. Moreover, the author applies the introduced in the previous works concept of synthesizing rationality for assessing Medtner’s worldview.  The study demonstrates that Medtner’s contribution to the development of analytical psychology is not limited by the moral and financial support of Jung, but also the translation of his works into the Russian language and popularization of his doctrine outside of Switzerland. Most valuable has become the ideological influence. Particularly, Medtner was able to explain to Jung the advantages of transcendental idealism as one of the key components of theoretical foundation for analytical psychology. The article also describes how in the context of interaction with Jung, Medtner was able to realize his pursuance of the synthesis of heterogeneous contents of his own mentality, values of the Russian and German cultures, as well as various ways of philosophical world perception.