Abstract

The article discusses current issues essence of judicial policy and its role in modern political process on the material prosecutions of former Italian Prime Minister Silvio Berlusconi. Berlusconi revealed character of the struggle against the so-called «dictatorship of leftist judges» in Italy. Draws attention to the connection between the trials against Berlusconi’s political opponents and attempts to weaken its position and remove from all political activity, as well as unsuccessful attempts led by Berlusconi’s political forces to use legal mechanisms and public outcry for protection from prosecution. The term «judicial policy» is commonly used by lawyers in a purely legal context, but we can not ignore its political meaning. In the seminal book by A. Barak «Judicial discretion» judicial politics is seen as «a set of factors that guide the judiciary when she makes the choice of the options that gives it the right». A key figure in the field of judicial politics serving judge has the authority to review the relevant legal disputes in a certain kind of justice, development and production of judicial policy on the application of regulations generalization of judicial practice and the creation of legal positions and so on. Prosecution Silvio Berlusconi give reason to consider judicial policy of Italy as an example, which confirms the high level of integrity of the judiciary in the political process. Politics judiciary, implemented including through judicial policies are not free from the influence of ideological factors, factors of political competition and more. The use of the judiciary as a tool of political influence in these conditions becomes an important factor in the creation of additional benefits to certain political forces in the fight against opponents that undermines democratic political system.