Specialization of Judicial Activity in Foreign Legal Orders2

Abstract

The article analyzes such a trend in the development of modern civil procedure as the specialization of judicial activity. The authors identify judiciary and judicial aspects of the specialization of judicial activity, different mechanisms of such specialization are given, their variability is justified. On the basis of the experience of different legal orders (Australia, England and Wales, Germany, India, Spain, Italy, Russia, USA, France, etc.) the forms of judicial specialization are shown. Thus, examples of functioning of independent courts for administrative, intellectual, labor, family, land, bankruptcy, financial, and patent disputes are shown. Mechanisms of judicial specialization are also formulated, in particular, branch division of procedural order of consideration and resolution of cases; division into kinds and subspecies of proceedings according to substantial-legal or procedural-legal feature; creation of procedural peculiarities of consideration and resolution of certain categories of cases caused by substantial-legal feature of a case; creation of procedural peculiarities of cases consideration in reviewing instances courts.