Verification of court decisions in criminal cases: history and modernity

2021 ◽  
Author(s):  
Aleksandr Panokin
Keyword(s):  
Comparative Study ◽  
Doctoral Students ◽  
Judicial Review ◽  
Soviet Period ◽  
Court Decisions ◽  
Soviet System ◽  
Criminal Cases ◽  
Subsequent Transformation ◽  
The Subject ◽  
Post Soviet Period

The paper analyzes the historical retrospective and a comparative study of the verification of court decisions in criminal cases. The author traces the emergence of the idea of checking court decisions and the first experiments of its implementation, the transition from the "court with a judge" to the "audit" procedure for monitoring court decisions, and then to the consideration of complaints against court decisions as a continuation of the dispute between the parties and the formation of methods and procedures for reviewing criminal cases, depending on the subject of appeal. The features of the Romano-German and English models of judicial review are highlighted. Special attention is paid to the Soviet system of verification of sentences, rulings and definitions as the basis of the socialist model of judicial review and its subsequent transformation in Russia in the post-Soviet period. The monograph is intended for researchers, teachers, undergraduate, specialist, master's, postgraduate and doctoral students, as well as practicing lawyers.

scholarly journals One for all, each on its own: Analysing the post-Soviet system of collective security

2016 ◽  
Vol 11 (2) ◽  
pp. 81-110
Author(s):  
David Erkomaishvili
Keyword(s):  
Soviet Union ◽  
Soviet Period ◽  
Soviet System ◽  
Collective Security ◽  
Subsequent Transformation ◽  
The Soviet Union ◽  
Security Relations ◽  
Independent States ◽  
Soviet Space ◽  
Post Soviet Space

The fall of the Soviet Union in 1991 allowed independent states, which emerged in its place, to construct their own alignments. The choice of the case for empirical analysis had been made based on several unique characteristics. Orthodox Alliance Theory had almost never properly addressed alignments in the post-Soviet space due to the lack of access to information during the Soviet period - along with the structure of the state: only Soviet alignment policies were taken into consideration, instead of those of its constituent republics as well - and modest interest of alliance theorists in the region. Continued disintegration of the post-Soviet space, which has not stopped with the collapse of the Soviet Union but keeps fragmenting further, creates a unique setting for researching the adequacy of Alliance Theory's classic assumptions as well as developing new approaches. This work traces the development of the post-Soviet system of collective security and its subsequent transformation into a series of bilateral security relations, along with the shortfall of multilateralism.

REVIEW OF CASES ON NEWLY OPENED AND NEW CIRCUMSTANCES: UNFA-VOURABLE DISTINCTIONS OF THE CRIMINAL PROCEEDINGS

2021 ◽  
pp. 105-114
Author(s):  
Alia R. Sharipova ◽  
Keyword(s):  
Judicial Review ◽  
Negative Impact ◽  
Criminal Procedure ◽  
Access To Justice ◽  
Court Decisions ◽  
Court Cases ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Criminal Procedure Law ◽  
Administrative Proceedings

The article deals with the comparative analysis of the procedure and grounds for reviewing court cases under new and newly discovered circumstances in criminal and arbitration, civil and administrative proceedings. The author proceeds from the idea of common fundamental beginnings of justice in general, and therefore, all types of judicial activities - including an extraordinary review of judicial decisions, which have entered into legal force. The branch specifics of specific procedural institutions should have a special explanation based on the specifics of the branch itself. The author thinks that there is no key basis for reviewing the case on the newly discovered circumstances in the criminal trial and attempts to replace it with one of the new circumstances. In this part, the current criminal procedure law differs unfavourably from the Soviet Criminal Procedure Code (CPC) of the RSFSR of 1960 - among the newly discovered circumstances, there are no those that could indicate a miscarriage of justice made out of direct connection with someone's criminal actions. In the current CPC of the Russian Federation, the list of newly discovered circumstances is closed, and the list of new circumstances that entail the review of the court decisions is, on the contrary, open. Examples of academic papers and administrative enactments justifying such a replacement are given. The author gives his arguments against it and proposes to change the list of grounds for revision, referring to the regulation in other procedural branches, historical and foreign experience. A significant procedural difference of the considered type of extraordinary review of cases in criminal proceedings from other types of proceedings is found. It is the need for applicants to request a review from the prosecutor, not from the court. The greatest objection is the non-alternative procedure: the prosecutor is a participant in the criminal proceedings on the part of the prosecution, he is responsible for the undoubted proof of the charge, which is the basis of the sentence, the abolition of which is requested by another interested person. The negative impact of the prosecutor's mediation between the complainant and the court on access to justice and its quality is argued. It is pointed out that there is no need for prosecutorial checks to resolve the issue of judicial review of the case. The analysis of judicial statistics in different branches of justice shows that criminal proceedings differ sharply by the negligible number of judicial review cases due to newly discovered and new circumstances. The article calls into question the ability to explain this fact by a higher quality of sentences in criminal cases in comparison with other court decisions in other court cases.

History Done Right: War and the Dynamics of Triumphalism in Contemporary Russian Culture

Slavic Review ◽  
2011 ◽  
Vol 70 (3) ◽  
pp. 615-636 ◽  
Author(s):  
Gregory Carleton
Keyword(s):  
First Century ◽  
Soviet Period ◽  
Russian History ◽  
Historical Experience ◽  
Russian Culture ◽  
War Narratives ◽  
Socialist Realist ◽  
The Subject ◽  
Time Of Troubles ◽  
Post Soviet Period

So far in the twenty-first century, triumphalism has dominated Russian culture. As manifest in popularized history and film, this wave has often been described by recourse to interpretive paradigms derived from a neo-Soviet or neo-socialist realist orientation, particularly when the subject is war. While understandable, this interpretive practice cannot account for salient productions that upstage Soviet conventions by reconfiguring the Russian historical experience along a narrative trajectory anchored by two scenarios diat constitute the alpha and omega of national achievement and pride: Aleksandr Nevskii and the Time of Troubles. Tapping into deep structures of myth, contemporary reproductions of these two tie their significance explicitly to the post-Soviet period. Supported by the state and church, their increasing traction in war narratives facilitates a new discourse of nationalism that supersedes Soviet precedent, reconfigures traditional domains of triumphalism, and sets a standard for future constructions of Russian history that eclipses key problems of the real or imagined past.

scholarly journals A. A. Petrov. Istoriya izucheniya tunguso-manchzhurskih yazykov v Rossii (Ocherki i issledovaniya) [The history of the study of the Tungus-Manchu languages in Russia (sketches and researches)]

2020 ◽  
Vol 39 (4) ◽  
pp. 67-70
Author(s):  
Aleksey A. Burykin ◽  
Keyword(s):  
18Th Century ◽  
Far East ◽  
Soviet Period ◽  
The North ◽  
History Of ◽  
The Subject ◽  
Independent Work ◽  
Revolutionary Period ◽  
North Siberia ◽  
Post Soviet Period

This publication is a review of a new book by A. A. Petrov devoted to the history of the study of the Tungus-Manchu languages in Russia from the 18th century till the beginning of the 21st century. Reference books of this type on the Tungus-Manchu languages and other languages of the peoples of the North, Siberia and the Far East of Russia have not been published for over 70 years, and they are especially relevant due to the increase in the volume of publications on these languages, a significant part of which are regional publications of universities and Siberian scientific centers. The main part of the book is the literature on the Tungus-Manchu languages dating back to the 20th century. It is divided into three periods: the pre-revolutionary period (1900—1917), the Soviet period (1917—1991), and the Russian post-Soviet period (1992—2000). There is a certain logic in this: the biographies of most researchers of the older generation fit into one period, and each period reflects certain trends in views on the subject and asks of the study. The book includes a number of supplements for reference. These applications make the book by A. A. Petrov a convenient textbook for students of specialized universities, a guide for refresher courses for teachers of the Tungus-Manchu languages and independent work of teachers, and a guide for foreign researchers who may have difficulties with the Russian bibliography on the subject. A. A. Petrov’s book is unambiguously useful as an everyday reference book of literature on the Tungus-Manchu languages, although, of course, researchers of biographies of scientists as well as researchers of some special problems of studying Tungus-Manchu languages will turn to other sources that provide special requests.

scholarly journals FEMALE LABOR ON THE RAILWAYS OF THE RUSSIAN EMPIRE: HISTORIOGRAPHIC REVIEW

2021 ◽  
Vol 31 (1) ◽  
pp. 22-33
Author(s):  
V.A. Serdiuk
Keyword(s):  
Russian Empire ◽  
Soviet Period ◽  
Female Labor ◽  
Foreign Literature ◽  
Railway Industry ◽  
The Subject ◽  
Role Of Women ◽  
The Russian Empire ◽  
Post Soviet Period

The article is devoted to a general historiographic review of domestic and foreign literature on the study of the problem of the use of female labor on railways. The subject of the research is the publications of pre-revolutionary, soviet and modern researchers on the issue of women's contribution to the development of the railway industry of the Russian empire in the XIX - early XX centuries. The author attempts to answer the question how the place and role of women in railway activities before 1917 in the pre-revolutionary and soviet periods, as well as after the collapse of the USSR, was assessed. The article concluded that the literature of the post-soviet period significantly expanded the scope of studying the problem, but still relies on the historiography of the soviet period.

scholarly journals Historical aspect of the development of the institution of subject matter jurisdiction in civil proceedings

2019 ◽  
pp. 118-124
Author(s):  
E. S. Polushkin
Keyword(s):  
Subject Matter ◽  
Soviet Period ◽  
Main Task ◽  
Historical Aspect ◽  
Exclusive Jurisdiction ◽  
Civil Proceedings ◽  
The Subject ◽  
First Time ◽  
Revolutionary Period ◽  
Post Soviet Period

The author conducts a retrospective analysis of the institution of subject matter jurisdiction in Russian civil proceedings. The institution of subject matter jurisdiction originates in the pre-revolutionary period. To determine the mechanism of delimitation of competence between jurisdictional bodies, such concepts as “exclusive jurisdiction” or “establishment” were used. During this period, a distinction was made between the competence of administrative and judicial bodies.The concept of “subject matter jurisdiction” was enshrined in Soviet legislation for the first time ever. Moreover, in the scientific literature, subject matter jurisdiction is often identified with court jurisdiction. The main task of subject matter jurisdiction in the Soviet period was the division of competence between the courts of general jurisdiction and state arbitration. During this period, the subject and object criteria for delimitation of competence between the courts of general jurisdiction and other jurisdictional bodies, which are currently used, were formulated.In the post-Soviet period, the judiciary was finally separated from the executive and the courts acquired particular significance in resolving jurisdictional disputes. All large categories of cases were transferred to the jurisdiction of the judiciary. The creation of a system of arbitration courts has led to an even greater importance of the institution of subject matter jurisdiction. It was in the post-Soviet period that the categories of “subject matter jurisdiction” and “court jurisdiction” were finally delimited. As a result of the study, the author concludes that there is some continuity in the development of the institution of subject matter jurisdiction. 

scholarly journals Development trends of the Russian constitutional law in post-Soviet time

2020 ◽  
pp. 18-33
Author(s):  
Evgenii Sergeevich Anichkin
Keyword(s):  
Constitutional Law ◽  
Soviet Period ◽  
Development Trends ◽  
Legal Doctrine ◽  
Legal Development ◽  
Foreign Countries ◽  
Conceptual Changes ◽  
Soviet Time ◽  
The Subject ◽  
Post Soviet Period

The subject of this research is the key, dominant and most consistent development trends of the national constitutional law in post-Soviet period (1990’s – present). The author examines the following trends: succession, reception, internationalization and cyclicity of the development of constitutional law, as well as expansion and conceptual changes in its content. Each trend is substantiated by the provisions of constitutional legal doctrine, current Constitution, legislation and constitutional practice. The main conclusions consist in the thesis that the determined trends are inherent namely to the modern constitutional law, rather than Soviet or prerevolutionary stages of its development. Moreover, if separate trends coincide with the modern constitutional law of foreign countries, in Russia they have peculiar content, justified by the specificity of state legal development of the country. The evolution of Russian modern constitutional law takes place at the intersection of constitutional distinctness and constitutional universalization. Constitutional distinctness implies the synthesis of succession, certain cyclicity in the constitutional legal sphere, and presence of the unique legal phenomena characteristic to the national constitutional legal system. The manifestations of universalization of the modern Russian constitutional law include its reception and internationalization. 

scholarly journals Evasion of Customs Duties on Organizations or Natural Persons in the System of Foreign Trade Crimes: Legal and Criminalistic Analysis

2019 ◽  
Vol 13 (2) ◽  
pp. 215-222
Author(s):  
Konstantin Plyasov ◽  
Akop Vardanyan
Keyword(s):  
Foreign Trade ◽  
Russian Federation ◽  
Criminal Code ◽  
Soviet Period ◽  
Eurasian Economic Union ◽  
Judicial Investigation ◽  
The Subject ◽  
The Russian Federation ◽  
Economic Union ◽  
Post Soviet Period

The issues of improving the effectiveness of counteracting foreign trade crimes have been relevant in the theoretical and practical sense during the whole post-Soviet period of our history and became especially urgent when the Customs Code of the Eurasian Economic Union entered into force in 2018. The authors research the patters of foreign trade crimes and examine the specific features of evading customs duties for natural or legal persons levied according to customs and tax legislations. The analysis of judicial-investigation practice on crimes under Art. 194 of the Criminal Code of the Russian Federation allowed the authors to conclude that these crimes are accompanied by vigorous actions aimed at covering them, and the most complex and publically dangerous type of crime is hiding the foreign trade operations themselves, which could be of serial, group or organized character and is often carried out through bogus organizations. In cases of interference from the law enforcement bodies, the suspects or the accused persons deny the intention to evade taxes, and claim that they were ignorant about how certain goods entered the territory of Russia and (or) the Eurasian Economic Union, which makes it especially relevant to reveal criminal motivation as a pertinent fact included in the subject matter according to Art. 73 of the Criminal Procedure Code of the Russian Federation. It prompted the authors to formulate recommendations on improving the effectiveness of investigators in determining the circumstances of the above-mentioned actions.

scholarly journals Artistic comprehension of life and creative path of Abusufyan Akayev in the works of Kumyk writers (based on the analysis of the poem “Flame” by Badrutdin Magomedov)

2021 ◽  
pp. 39-49
Author(s):  
Agaragim Magomedovich Sultanmuradov ◽  
Kamilla Bairamalievna Isaeva
Keyword(s):  
Scientific Discourse ◽  
Spiritual Life ◽  
Literary Studies ◽  
Soviet Period ◽  
Special Place ◽  
The People ◽  
History Of ◽  
The Subject ◽  
Post Soviet Period

The subject of this research is the artistic comprehension of life and creative path of A. Akayev in the works of Kumyk writers. The object of this research is the poem “Flame” by the prominent Kumyk poet B. Magomedov. The author explores the place and role of A. Akayev in the history of spiritual culture of the Kumyk people and other peoples of Dagestan; evolution of the traditions of artistic comprehension of life and creative path of the outstanding Kumyk writers (including Abusufyan) in the history of Kumyk literature; and the deleterious influence of the consequences of Stalin's repressions on the spiritual life of the people later on. Particular attention is given to the analysis of the problematic and literary peculiarities of the poem. The main conclusions are as follows: 1) the history of Kumyk literature features such figures, whose life and creative path have become the object of not only literary studies, but also the object of their artistic comprehension; 2) over a dozen Kumyk authors dedicated their works to the artistic comprehension life and creative path of A. Akayev, among which B. Magomedov’s poem “Flame” holds a special place.. The author’s contribution to this research consists in introduction into the scientific discourse of one of the best in ideological and artistic aspect compositions of Kumyk literature of the post-Soviet period. The novelty is defined by the fact that this problem has not previously become the subject of special research.

“Voices of the Night” by Rollan Seisenbayev as metafiction

Litera ◽  
2021 ◽  
pp. 105-113
Author(s):  
Ulyana Ovcherenko
Keyword(s):  
Russian Language ◽  
Field Analysis ◽  
Soviet Period ◽  
The Novel ◽  
Scientific Interest ◽  
Text Field ◽  
The Subject ◽  
Post Soviet Period

The object of this research is “Voices of the Night” by the Kazakh Russian-language novelist Rollan Seisenbayev. The subject of this research is the metafiction structure implemented by Rollan Seisenbayev in the text field. Analysis is conducted on the layers of narration, transition from the novel to the metafiction level. A precise pattern of interaction between these levels is described. The article explores the authorial question and the “author's mask”, as well as the techniques that allow intentionally confusing the reader in distinguishing between these figures. The subject of analysis is also the need for using metafiction structure in the composition written within the framework of realism. The author analyzes the important theme in the works of Rollan Seisenbayev – interrelation between art and life. The novelty of this paper lies in the fact that Rollan Seisenbayev’s works of the Soviet period are extensively studied by the Soviet critics, while his compositions of the post-Soviet period rarely draw the scientific interest of modern researchers. His contemporary mark the shift from the trends of realism and gravitation towards the techniques of polystylistics, which synthesizes the techniques of various literary directions. The article reviews Rollan Seisenbayev’s novel “Voices of the Night”, which demonstrates the application of metafiction structure. The writer usesthis genre to reflect on the creative act and the nature of creativity.

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