Concept, Nature, and Governing Principles of Judicial Proceedings

Abstract

The present study aims to examine the concept, nature, and governing principles of judicial proceedings. The research method is descriptive-analytical and is based on library sources. The findings indicate that civil procedure is founded on fundamental principles that reflect the general orientation and policy governing the judicial process and manifest the standards for making dispute resolution increasingly fair. Principles of procedure are considered the backbone of a judicial system; they possess intrinsic value and, whether or not they are explicitly reflected in legal texts, are regarded as an integral part of the judicial structure. For this reason, both the legislator and the judge are obliged to respect these principles. Accordingly, the primary mission of adjudication in dispute resolution is to steer the judicial process toward greater compliance with procedural principles. The judge’s reliance on procedural principles in various stages of litigation not only ensures the proper conduct of proceedings but also enhances the evidentiary weight and persuasive value of judicial reasoning. Moreover, due to the significant impact of adherence to these principles on the validity of court judgments, the necessity and importance of observing them throughout the judicial process are further emphasized. To ensure a fair and just trial, certain principles must be established and observed in court proceedings, including: legality of criminal proceedings, safeguarding the rights of litigants, equality of treatment for individuals in similar circumstances who commit similar offenses, impartiality of judicial authorities, full independence of the judiciary in adjudication, avoidance of undue delay in proceedings, observance of the presumption of innocence, and others.                                                                                  

Keywords: Judicial proceedings, Delay in proceedings, Judge