Summary

Legal proceedings are a complex phenomenon, with elements that are independent and often contradictory. To resolve such a complex issue, the system as a whole must be understood. In this interactive system, autonomous agents operate within a predefined framework. In legal proceedings, these agents are the judge and the parties to the proceedings, while the framework is the procedural law. This article focuses on one specific aspect of the framework, i.e., procedural ethics, which complements legislation.

To underscore the importance of procedural ethics, in 2016, guidelines for promoting best practices in legal proceedings were developed in Estonia in collaboration with legal practitioners. In creating these guidelines, judges, lawyers, and prosecutors debated their procedural interests, roles, and acceptable methods, ultimately agreeing on a balanced approach to legal proceedings. On the one hand, the autonomy of the parties involved in the proceedings was preserved, while on the other hand, an agreement was reached on when the court should begin to enforce its authority through coercive means (e.g., in matters related to timeliness).

In this article, the authors have made a subjective selection of procedural issues and their ethical solutions. The article examines issues such as the growing number and length of procedural documents, and the passive nature of proceedings. Both of these issues most clearly manifest in the general slowness and costliness of legal proceedings.