Code of Administrative Court Proceedings of the Russian Federation of March 8, 2015 No. 21-FZ (as amended on July 3, 2016)

2017 ◽  
Vol 51 (3) ◽  
pp. 303-453 ◽  
Keyword(s):  
Russian Federation ◽  
The Russian Federation ◽  
Court Proceedings

Amendments to the Constitution of the Russian Federation of 2020 and the Content of Court Proceedings

2021 ◽  
pp. 5-12
Author(s):  
Latysheva N. A. ◽  
Keyword(s):  
Russian Federation ◽  
Organizational Support ◽  
National Language ◽  
Record Keeping ◽  
Judicial Proceedings ◽  
The Russian Federation ◽  
Court Proceedings

Judicial record-keeping, which in its content refers to judicial activity of a security, auxiliary nature, received an impetus for its development in connection with the amendments to the 1993 Constitution of the Russian Federation that entered into force on July 4, 2020. The introduction of innovations, which will take place through the organizational, guiding activities of the bodies of the judicial community – the Council of Judges of the Russian Federation and the bodies of the judicial community in the constituent entities of the Russian Federation and the improvement of regulatory regulation by authorized entities will allow realizing the needs of society in a new quality of relations between the judiciary and citizens of the Russian Federation. The article substantively defines the problems of the development of normative regulation in the course of ensuring arbitration proceedings, organizing constitutional and legal judicial statistics, exercising the rights of citizens to use the national language in the process of conducting judicial proceedings. In connection with the findings, options are proposed for generating ideas in the field of organizational support of justice.

scholarly journals The Fundamentals of Determining the Rental Charge for the State-Owned Real Estate in the Russian Federation

Legal Concept ◽  
2021 ◽  
pp. 94-98
Author(s):  
Ekaterina Vavilova ◽  
Keyword(s):  
Real Estate ◽  
Russian Federation ◽  
Significant Proportion ◽  
State Ownership ◽  
The State ◽  
Russian Government ◽  
Basic Principles ◽  
The Russian Federation ◽  
Court Proceedings ◽  
The Government

Introduction: the paper discusses the study of the basic principles and methods of determining rental rates for the use of land owned by the state and municipal authorities. Despite the increasing trend of the privatization of state-owned land, its significant proportion is still under the state ownership. In this regard, a significant share of court proceedings in the Arbitration courts falls precisely on those disputes that relate to the determination of the procedure for establishing the rent of state-owned real estate in Russia. In this regard, the author set the goal – to study the problem of establishing the amount of the rent for the land held by tenants for housing after bringing into force Resolution of the Government of the Russian Government No. 582 of July 16, 2009 “On the basic principles of determining the rent for leases of land plots in the state or municipal ownership, and on the Rules for determining the amount of rent and the order of the conditions and terms of payment of rent for land in the ownership of the Russian Federation” (hereinafter – “Resolution No. 582”). Methods: the methodological framework for the study is a set of methods of scientific knowledge, among which the main one is the comparative law method, as well as the methods of systematization and analysis. Results: the author’s position grounded in the work is based on the analysis of the legislation and the opinions of the scientists expressed in the competent scientific community on the issue of establishing the basic rates for renting the state real estate. Conclusions: as a result of the study, the main principles of determining the rates for renting the state-owned real estate, as well as the procedure for determining them, were analyzed. It was established that the amount of rent for land plots that were provided to tenants for housing construction after the entry into force of Resolution No. 582 should not exceed 2 % of the cadastral value of such real estate.

scholarly journals Fundamentals of paperless court records management in the Russian Federation

2021 ◽  
Vol 3 ◽  
pp. 44-47
Author(s):  
R.G. Bikmiev ◽  
◽  
R.S. Burganov ◽  
Keyword(s):  
Russian Federation ◽  
Records Management ◽  
Court Records ◽  
The Russian Federation ◽  
Court Proceedings

The authors of the article, based on the analysis of the implemented and planned changes in court records management, as well as the opinions of process scientists and practitioners, propose to introduce the concept of paperlessness into scientific and business circulation. This concept implies the rejection of paper media in court proceedings due to their replacement with paperless ones. The advantages of paperlessness, the stages of transition to it and the types of documents, depending on how they are designed and used, are highlighted.

scholarly journals Specifics of the prosecutor’s participation in proceedings for considering applications for the return of a child (on the exercise of access rights to him) on the basis of the 1980 Convention on the Civil Aspects of International Abduction of Children

2021 ◽  
Vol 7 (2) ◽  
pp. 113-119
Author(s):  
I. I. Golovko
Keyword(s):  
Russian Federation ◽  
Hague Convention ◽  
Time Frame ◽  
Civil Procedure ◽  
Judicial Practice ◽  
Time Period ◽  
The Russian Federation ◽  
Access Rights ◽  
Court Proceedings ◽  
The Right

This article examines the problem of the exercise of parental rights (guardianship rights) in relation to a minor. At present, there are quite numerous disputes between parents, other persons entitled to rights in relation to minors, about the place of residence of the child and about with whom he will live. Controversial issues are resolved both out of court proceedings and in court. The Code of Civil Procedure of the Russian Federation establishes the powers of the prosecutor to apply to the court in cases of this category and to intervene to give an opinion.The purpose of the article is to present the results of a study of the peculiarities of the participation of a prosecutor in court proceedings in cases of the return of a child (on the exercise of access rights in relation to him). The tasks were to generalize judicial practice, identify violations in the consideration of cases by the courts, establish the specifics of the participation of the prosecutor in the proceedings in cases of this category. The author analyzes the issues of the prosecutors competence at the pre-trial stage of resolving disputes and the measures that he has the right to initiate in defense of the violated rights of the parent (another person who applied to the prosecutors office) in the administrative and judicial order. In connection with the consolidation in the Code of Civil Procedure of the Russian Federation, the right of the prosecutor to initiate proceedings in a court of general jurisdiction in cases of the considered category, attention is paid to the issues of determining jurisdiction and the subject of proof, the time frame for going to court, the time period for the proceedings, the time period for challenging the court decision. The emphasis is also placed on the implementation of the right of the prosecutor to intervene in the case to give an opinion. On the basis of the provisions of the 1980 Hague Convention, the results of practice, the generalization of the reasons for the cancellation of the decisions of the courts, the conclusions on the most significant aspects that need to be paid attention are substantiated. It is concluded that the judicial practice of considering cases of this category is being formed and is currently not free from violations of the requirements of the law. Attention is drawn to the conclusions of the Supreme Court of the Russian Federation based on the materials of the generalization of practice.

scholarly journals On the Issue of the Need to Making Court Records in the Course of Consideration of Administrative Offense Cases by Judges of General Jurisdiction Courts

2021 ◽  
Vol 4 ◽  
pp. 43-46
Author(s):  
Natalya A. Nobel ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Status ◽  
Audio Recording ◽  
Court Records ◽  
Ongoing Work ◽  
Procedural Code ◽  
The Russian Federation ◽  
The Law ◽  
Court Proceedings

The article discusses the need to keep the minutes of the court session when judges of courts of general jurisdiction are considering cases of administrative offenses, determining the person responsible for drawing up the specified document. The author argues the position that, despite the absence in the current legislation of the obligation to keep the minutes of the court session when the judges of the courts of general jurisdiction are considering cases of administrative offenses, the law enforcement practice testifies to the recording in certain cases of such court proceedings by protocol. In this regard, as part of the ongoing work on the development of the Procedural Code of the Russian Federation on Administrative Offenses, the article sets out the position on the need to determine cases of compulsory keeping the minutes of the court session, the possibility of audio recording, determining the legal status of the secretary of the court session, legislative consolidation of the possibility of filing comments on the minutes of the court session, the order of their consideration.

scholarly journals Separate Grounds for the Obligatory Involvement of a Defense Counsel in a Criminal Case as a Procedural Safeguard

2021 ◽  
Vol 1 ◽  
pp. 24-28
Author(s):  
Irina P. Popova ◽  
Keyword(s):  
Russian Federation ◽  
Defense Attorney ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Defense Counsel ◽  
Mandatory Participation ◽  
Procedural Safeguard ◽  
The Russian Federation ◽  
Court Proceedings ◽  
The Right

Despite the desire of the domestic legislator to get away from the elements of the accusatory bias in criminal proceedings, at the pre-trial stages the rights and possibilities of the prosecution are much wider than the defense. That is why the participation of the defense attorney in the pre-trial stages of the criminal proceedings is becoming more relevant and serves as a procedural guarantee both to ensure the adversarial process of the parties and to ensure the suspect (accused) the right to defense. The grounds for the mandatory participation of a defense counsel may also arise in judicial stages, where the principle of adversarial process of the parties should be ensured by providing equal procedural opportunities to the parties. The normative consolidation of the grounds for the mandatory participation of a defender is not entirely flawless, in connection with which, the author considers some of them through the prism of providing appropriate procedural guarantees to the person against whom criminal prosecution is carried out. As a result of the study of the grounds specified in paragraph 3.1, 5–8 part 1 of Art. 51 of the Code of Criminal Procedure of the Russian Federation, the author came to the conclusion that it is necessary to ensure the mandatory participation of counsel in pre-trial proceedings, as well as in the absence of the accused (defendant) in court proceedings.

scholarly journals Court proceedings for imposition of administrative sanctions

2018 ◽  
Vol 2 (3) ◽  
pp. 110-116
Author(s):  
L. Terekhova
Keyword(s):  
Russian Federation ◽  
Current Trends ◽  
Procedure Code ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
Court Proceedings ◽  
The One ◽  
Administrative Jurisdiction ◽  
Administrative Proceedings ◽  
Administrative Sanctions

The subject. The paper deals with the procedural issues of imposition of administrative sanctions by the courts.The purpose of the paper is to identify how the form of proceedings impacts on the rights and obligations of administrative trial participants.Methodology. The author uses the methods of analysis and synthesis, as well as dialectic approach. The formal-legal interpretation of the Code of Administrative Offences, the Code of Administrative Proceedings, the Commercial Procedure Code of the Russian Federation and is also used.The main results and scope of their application. The rules of the Code of Administrative Offences of the Russian Federation are "average" according to their nature, they are designed for application by a lot of authorities competent to impose administrative sanctions.The focus of the rules of the Code of Administrative Offences of the Russian Federation is to regulate the procedure for imposition of administrative sanctions and to define the punishment for an administrative offense. Therefore, the civil procedural form is not applicable here and the rules of the Civil Procedure Code and Code of Administrative Proceedings of the Russian Federation shouldn’t be used."Procedural form" in cases of administrative offenses considered by arbitration courts is mainly represented by the rules of the Code of Administrative Offences of the Russian Federation. The accused person can receive a little from actually judicial (civil) procedural form.The serious contradictions of the Code of Administrative Offences with the rules of the Commercial Procedure Code of the Russian Federation couldn’t be seen, on the one hand, but, on the other hand, the provisions of the Code of Administrative Offences of the Russian Federation have a different focus. The results of research may be used as the basis of correction of Code of Administrative Offences, the Commercial Procedure Code of the Russian Federation and may also inspire new researches concerning procedural issues of imposition of administrative sanctions by the courts.Conclusions. Participants in simplified administrative proceedings fall into a double trap: they are initially deprived of guarantees of procedural form due to the predominance of the rules of the Code of Administrative Offences of the Russian Federation and are again deprived of the "remains" of procedural form because of using the simplified proceedings. Empowering the courts with the authority of administrative jurisdiction does not correspond to the current trends in the development of legislation.

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