Independence of Judges as a Prerequisite for Fair and Unbiased Justice

2016 ◽  
Vol 4 (5) ◽  
pp. 0-0 ◽  
Author(s):  
Нина Гущина ◽  
Nina Gushchina
Keyword(s):  
Russian Federation ◽  
Negative Impact ◽  
Effective Means ◽  
Critical Evaluation ◽  
Judicial System ◽  
Public Confidence ◽  
Court System ◽  
Social Significance ◽  
The Status ◽  
The Russian Federation

The article focuses on the system of measures for preventing corruption in the courts of general jurisdiction, in conjunction with the problem of strengthening the guarantees of independence of judges. With social significance of the judicial system rising, the need has redoubled for finding measures of strengthening guarantees of independence of judges, prevention of corruption in the court system, enhancing public confidence and trust in justice, increasing the openness of the judicial system for the needs of the civil society. To resolve the task in hand, the author carries out a comparative – law analysis of the legislation that regulates the relations in the judicial field, providing critical evaluation of certain provisions of the laws “The Status of Judges in the Russian Federation”, “The Judicial System of the Russian Federation”. The author reveals main shortcomings and gaps in the legislation which have a negative impact on the guarantees on strengthening the independence of judges. Excellent moral and professional qualities of judges, their independence form cross-cutting issues of developing a system of measures to combat corruption in courts. The author puts forward proposals to improve the legislation, capable of strengthening the guarantees of independence of judges and becoming an effective means of preventing corruption in the courts of general jurisdiction.

scholarly journals Organizational and Legal Issues Related to the Introduction of the Investigating Judge Institution in the Russian Federation

2021 ◽  
Vol 1 ◽  
pp. 8-12
Author(s):  
Antonina V. Petryakova ◽  
Keyword(s):  
Human Rights ◽  
Significant Role ◽  
Russian Federation ◽  
Theoretical Study ◽  
Legal Issues ◽  
Judicial System ◽  
Court System ◽  
Legal Institution ◽  
The Russian Federation

The procedure of introduction of the institute of investigative judges into the judicial system of the Russian Federation requires a deep, comprehensive theoretical study at the interdisciplinary level. Procedural scientists put forward several concepts for the introduction of this legal institution and justify its special, significant role in the strengthening the human rights function of the court. However, there are currently not many studies devoted to the issues of structuring the updated judicial system of Russia with the inclusion of the institute of investigative judges in it. Is it possible that the lack of theoretical study of the issues of structuring and modeling the judicial system due to the introduction of a new element in it — the institute of investigative judges — hinders the reform? The author summarizes and analyzes the existing opinions of researchers about the place of the institute of investigative judges in the Russian court system and expresses his position on this issue, which may seem worthy of attention

scholarly journals ON THE INTERACTION OF LAW ENFORCEMENT BODIES AND JUDICIAL COMMUNITY

2017 ◽  
pp. 0-0
Author(s):  
Олег Степанов ◽  
Oleg Stepanov
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Public Confidence ◽  
The Public ◽  
Effective Implementation ◽  
The Supreme Court ◽  
The Status ◽  
The Russian Federation ◽  
Relevant Level

The article discusses the possible forms of interaction between law enforcement bodies and judicial community. There are also proposals for improvement of the qualification collegiums of judges, for increasing of the public confidence in the judicial branch of power in current conditions. The current law allows bringing judges to disciplinary responsibility for the imposition of clearly illegal judicial act, if the illegality is confirmed by the highest instance, and the conclusion about the apparent illegality is made by the qualification collegium of judges. This approach does not contradict the legal approach on the principle of non-involvement of the judge to the responsibility for rendering its judgment — the judge shall be brought to disciplinary responsibility not for the opinion expressed in the judicial act, but for actions that violate the requirements of the Law on the status of judges. The author suggests the new way for the composition of the qualification collegiums of judges of all levels, which implies to guarantee the objectivity and impartiality of their work by reducing of the proportion of judges in the collegium to 51% and to replace remaining 49% of members by the members of the public society (25%) appointed by representative bodies of the relevant level, and the remaining (24%) — by the independent prosecutors appointed by the President of Russia. According to the author, creation of such institution of “independent prosecutors” in Russia will provide more effective implementation of the principle of “three keys”, when the appointment of the members of the qualification collegiums of judges will be involved popularly elected President, Chairman of the Supreme Court of the Russian Federation, the Federation Council (the legislative assemblies of the constituent entities).

scholarly journals The Processes of Adaptation and Employment of Migrants from the Republic of Tajikistan in the Russian Federation (1991-2019)

2020 ◽  
pp. 90-95
Author(s):  
S.F. Nazarshoeva ◽  
Kh.M. Mirzamonzoda ◽  
Kh.Kh. Davlatov
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Negative Impact ◽  
Present Moment ◽  
Positive Trend ◽  
Labor Migrants ◽  
The Status ◽  
The Russian Federation ◽  
The Republic ◽  
The Government

The article is devoted to the processes of adaptation and employment of migrants from the Republic of Tajikistan in the Russian Federation from 1991up to 2019. The author applied the conditional division of this period into two stages — from 1991up to 2000 and from 2001 up to the present time — according to the quantitative and qualitative differences that characterize each stage. Within the frameworks of both stages, historical, sociocultural and legal factors that influence the processes of adaptation and employment of Tajik migrants in the Russian Federation are analyzed. At the end, it is concluded that from 1991 to the present moment these processes have undergone a complex evolution. A negative impact on these processes is noted, exerted by the lack of large-scale domestic proj ects and programs aimed at helping and supporting labor migrants, as well as by imperfections in the migration legislation of the Republic of Tajikistan and the Russian Federation. However, the Government of the Republic of Tajikistan understands the need for cooperation with the Russian Federation in order to streamline the status of labor migrants from the Republic of Tajikistan in the Russian Federation and their protection, readiness for this cooperation, the officially expressed position of the Government of the Russian Federation, active work carried out in this direction by the Russian Federation of Migrants, and also by Tajik public organizations and human rights defenders, in general, indicate a positive trend in the decision to problems that impede the processes of adaptation and employment of migrants from the Republic of Tajikistan on the territory of the Russian Federation.

scholarly journals Criminological Policy of the Russian Federation: the Concept of Judicial Reform and Justice of the Peace

2021 ◽  
Vol 15 (5) ◽  
pp. 624-636
Author(s):  
Yuri Tuganov ◽  
Vladimir Aulov
Keyword(s):  
Crime Prevention ◽  
Russian Federation ◽  
Judicial System ◽  
Judicial Reform ◽  
Court System ◽  
Legal Tradition ◽  
Justices Of The Peace ◽  
The Russian Federation ◽  
Cooperative Federalism ◽  
Justice Of The Peace

The article presents a legal approach to the problem of the influence of the judicial system segment of Russian criminological policy on the effectiveness of the general prevention of deviant behavior. Within this framework, the authors compare the assumptions of the program documents that described the criminological parameters of justice of the peace during its introduction in the contemporary judicial system, and the results achieved by this introduction. By analyzing the Decree of the Supreme Council of the RSFSR «On the Concept of Judicial Reform in the RSFSR», the authors demonstrate that this document was aimed at legitimizing confederative relationships in the Russian Federation with the design of the judicial system of «cooperative federalism» type. The justice of the peace, whose status and jurisdiction are only schematically outlined in the Concept of Judicial Reform, was to play a decorative role in the political and ideological support of the achievement of a far more ambitious goal. The transformation of Russia into a state of «cooperative federalism» with extreme asymmetry of its subjects would have meant the removal of the opportunity for the justices of the peace to perform the criminological function of courts. The introduction of justices of the peace simultaneously with the adoption of their own codes of material and procedural law in the republics of the RSFSR predetermined the creation of legal systems independent of the federal center in each Russian subject and the blocking of the criminological function of the courts. At the same time, a retrospect reference to the legal tradition of the Russian Empire formed an erroneous understanding of Russian justice of the peace as a unified (since 1864) judicial system, and lead to the development of abstract projects that hindered the implementation of the crime prevention potential of justice of the peace. The result of the criminological policy of the Russian Federation in 1991–1996 was the structuring of the court system of the Russian Federation which was different from the model presented in the Concept of Judicial Reform. The conducted research showed that justice of the peace in Russia duly influences crime prevention.

scholarly journals JUDGE-ROBOT AS OVERCOMING CONTRADICTIONS OF JUDICIAL DISCRETION (LEGAL ASPECTS)

2020 ◽  
Vol 36 (4) ◽  
pp. 169-173
Author(s):  
K. E. Kovalenko ◽  
◽  
Yu. V. Pechatnova ◽  
D. A. Statsenko ◽  
N.E. Kovalenko ◽  
...  
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Negative Impact ◽  
Digital Technologies ◽  
Criminal Procedure ◽  
Judicial System ◽  
Constitutional Court ◽  
Judicial Discretion ◽  
Advantages And Disadvantages ◽  
The Russian Federation

The article discusses the opportunities and prospects for the implementation of the robot-judge in the Russian Federation judicial system. The urgency of the study predetermines by the large-scale digital revolution that affects all spheres of society, including the area of legal activity (for example, the initiative of German Gref to use lawyers-robots in Sberbank). The purpose of the study is to analyze the advantages and disadvantages of introducing the robot-judge into the legal environment. Research methods are analysis, synthesis and comparative law. The study contains: firstly, the comprehensive assessment of the category “judicial discretion” in the current criminal procedure legislation, the advantages and disadvantages of fixing this category in the Russian Federation Criminal Procedure Code; secondly, examples of the negative impact of judicial discretion on law enforcement practice, with specific decisions of the courts of justice given as arguments; thirdly, the analysis of the possibility of overcoming the specified negative impact through the introduction of digital technologies; fourth, the analysis of current trends in the introduction of digital technologies in the legal sphere, including in the field of the judicial system; fifth, the opinions of the judges of the Russian Federation Constitutional Court, scientists and practitioners regarding the possibility of using robotic technologies in the judicial system. In conclusion, the authors concluded that, in general, the trend towards digitalization in the judicial system is positive, but negative are the possible prerequisites for replacing the judge with the robot, introducing the fact that in this case the possibility of judicial discretion is excluded.

A comparative analysis of the anthropogenic impact and user-pays principle availability in the model areas of the Russian Federation

2020 ◽  
Vol 18 (9) ◽  
pp. 1787-1798
Author(s):  
S.N. Ayusheeva
Keyword(s):  
Environmental Management ◽  
Comparative Analysis ◽  
Russian Federation ◽  
Natural Environment ◽  
Anthropogenic Impact ◽  
Negative Impact ◽  
Economic Behavior ◽  
Environmental Investment ◽  
The Russian Federation ◽  
Comparative Systems

Subject. This article assesses the effectiveness of the existing system of environmental management based on the user-pays principle in terms of reducing the negative impact on the environment. Objectives. The article aims to conduct a comparative analysis of the anthropogenic impact on natural environment components and deficiency payments for pollution in the model areas of the Russian Federation. Methods. For the study, I used the methods of computational, comparative, systems, and structural analyses. Results. Based on the ecological rating of the Russian Federation subjects, the article defines model areas, assesses the degree of anthropogenic impact on the basis of pollution relative rates, and describes the particularities of environmental investment in the selected areas. Conclusions. The system of payments for pollution does not affect the economic behavior of economic entities.

The Certainty of the Legal Status of Court Secretary and Court Clerk in Federal Courts

2020 ◽  
Vol 6 ◽  
pp. 26-34
Author(s):  
E. V. Gerasenko ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
System Analysis ◽  
Civil Service ◽  
Federal Courts ◽  
Scientific Methods ◽  
Level Of Education ◽  
Additional Qualification ◽  
The Status ◽  
The Russian Federation

Employees of the federal courts' apparatus, in accordance with the current regulations, are public civil servants. In practice and in existing scientific research there is an approach to determining the legal status of this category of public servants through their duties, without specifying the specific requirements for candidates for the position to be filled. The purpose of this study is to define additional qualification requirements to be imposed on the applicant for the position of State Civil Service «Court Secretary» in court, in addition to those contained in the Federal Law «On State Civil Service of the Russian Federation» and orders of the Judicial Department of the Supreme Court of the Russian Federation. The tasks of this work are to study the theoretical foundations of the concept of «status of a State civil servant », to compare federal legislation, decrees of the President of the Russian Federation, decisions and other acts of ministries and departments in the field of the State civil service in the apparatus of federal courts; Justification for the need to include in the status of a public servant serving in the court apparatus additional requirements for the level of education. The methodological basis of the present study was the general scientific methods such as analogy, derivation, system analysis, as well as the private scientific methods: formal-logical, technical-legal and comparativelegal in their various combinations. The study concluded that it was necessary to distinguish the status of federal court staff according to the level of education required to replace a public civil service post, in particular the «Registrar of the Court».

The Court System of China in the Digital Age: Main Developmet Ditections

2021 ◽  
Vol 6 ◽  
pp. 75-82
Author(s):  
P. V. Troshchinskiy ◽  
Keyword(s):  
Large Scale ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Point Of View ◽  
Judicial System ◽  
General Level ◽  
Court System ◽  
The People ◽  
Intelligence Services ◽  
The Status

The article is devoted to the study of the process of introducing digital technologies into the work of the People’s Courts of China and the issues of its legal regulation. The judicial system of the modern Chinese state is based on courts of three levels and two courts. Judicial bodies include the Supreme People’s Court, local people's courts, military courts and other special courts. For several years, various digital technologies have been used in all Chinese courts. In addition, since August 2017, special Internet courts have appeared in the PRC (three such courts have now been created in Hangzhou, Beijing and Guangzhou), which consider civil, administrative and criminal cases online without the personal presence of participants. The use of digital technologies in the judicial system of the PRC contributes to its transparency, reducing corruption, combating the spread of coronavirus, increasing the general level of legal literacy of the people. So, the creation of a unified platform for online broadcasting of court hearings online, the public disclosure of court sentences (decisions, rulings) in various categories of cases allows society to control the activities of the people's courts of the country. Considering the case online during the confrontation of the coronavirus epidemic prevents the spread of infection among participants in the process. The experience of China in the large-scale implementation of digital technologies in judicial activity is not only of scientific interest, but also important from a practical point of view for the Russian expert community. The Russian Federation has also embarked on the path of using digital technologies in litigation, but China is following it ahead of the schedule, which is important in terms of studying the results it has achieved and the mistakes made so that the Russian legislator can take them into account in their law-making activities. It is also important that China, in the process of digitalizing its national system, uses exclusively national platforms and databases. Access to information by foreign intelligence services is not possible. The main providers of digital services for the judicial system are also national corporations, which legally have the status of private companies, but in fact they are completely controlled by the СРС.

The Role of the Conclusions of the Council of Judges of the Russian Federation in the Prevention of the Emergence and Development of Conflicts of Legal Interests in the Judicial System of Russia

2020 ◽  
Vol 12 ◽  
pp. 56-66
Author(s):  
E. V. Ryabtseva ◽  
Keyword(s):  
Russian Federation ◽  
Judicial System ◽  
Structural Elements ◽  
Consistent System ◽  
Optimal Behavior ◽  
Regulatory Impact ◽  
The Russian Federation ◽  
The Impact ◽  
Individual Regulation

The growing role of the judicial community in reforming the judicial system actualizes the scientific problems of law enforcement associated with understanding the essence of the regulatory impact of the Councils of Judges of the Russian Federation as a body of the judicial community to prevent the emergence of conflicts of legal interests in judicial activity. The purpose of the research is to theoretically substantiate the essence of individual regulation of conflicts of legal interests by the Council of Judges of the Russian Federation, aimed at optimizing its activities to combat corruption. The worldview and methodological basis were the works of theoretical scholars and their methods of integrative understanding of law to substantiate the impact of the Council of Judges of the Russian Federation on judicial activity through individual regulation. The conclusion is substantiated that the activities of the Commission of the Council of Judges of the Russian Federation on Ethics, related to the drawing up of opinions on the assessment of conflicts of legal interests and other corruption risks for both acting judges and retired judges, is an individual regulation of legal relations through: interpretation of law; overcoming gaps and conflicts in the law; individuali zation of rights, etc. The content of the interpretation of law by the Commission of the Council of Judges of the Russian Federation on Ethics is: the application of certain norms of both international and national law in a specific legal relationship when assessing conflicts of legal interests among judges through a systematic interpretation of the norms of law as a system of elements, defining its role in law, identifying other norms, as well as the principles of law; interpretation of the principles and norms of law, through the legal-logical interpretation of a normative act as logically interconnected structural elements of a single, internally agreed and consistent system of principles and norms of law, when deciding on the presence of conflicts of legal interests in the activities of judges, etc. The paper substantiates that in relation to conflicts of legal interests, individualization should be aimed at determining by the Council of Judges of the Russian Federation typical situations of such conflicts for their correct assessment and development of recommendations related to the optimal behavior of judges, when circumstances arise that lead to conflicts of legal interests.

LEGAL EDUCATION FOR PENAL OFFICIALS AS ONE OF THE MEANS TO FIGHT CORRUPTION

2021 ◽  
pp. 58-61
Author(s):  
Надежда Владимировна Романова
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Public Service ◽  
Effective Means ◽  
Legal Education ◽  
The State ◽  
Law And Order ◽  
Educational Activities ◽  
The Russian Federation ◽  
Positive Results

В статье автором изучен такой общественно опасный феномен как коррупция, в частности, коррупционные правонарушения сотрудников УИС, вызывающие наибольший резонанс и создающие реальную угрозу не только пенитенциарной, но и национальной безопасности государства, поскольку именно сотрудники УИС должны являться гарантом обеспечения законности, правопорядка и справедливого исполнения наказаний. Показывается, что в борьбе с данным негативным явлением одним из эффективных средств является правовое просвещение и воспитание, поскольку причиной многих коррупционных правонарушений, совершаемых в УИС, является правовая безграмотность сотрудников. На основе проведенного анкетирования были изучены содержание, формы и методы работы сотрудниками УИС по правовому просвещению в рамках профилактической деятельности в борьбе с коррупцией в УИС. Автор приходит к выводу, что достижение реальных результатов в деле формирования атмосферы нетерпимости к коррупционным проявлениям, подрывающим авторитет государственной службы в Российской Федерации, возможно только путем консолидации всех усилий, а проводимый комплекс информационно-пропагандистских и просветительских мероприятий дает положительные результаты. In the article the author studied such socially dangerous phenomenon as corruption, in particular - corruption offenses of CES employees, causing the greatest resonance and creating a real threat not only to penitentiary, but also to national security of the state, since it is the CES employees should be the guarantor of legality, law and order and fair execution of punishment. It is shown that one of the effective means to combat this negative phenomenon is legal enlightenment and education, since the cause of many corruption offenses committed in the CES is the legal illiteracy of employees. The content, forms and methods of work on legal education as part of preventive anti-corruption work with employees of prisons have been studied on the basis of the questionnaire. The author concludes that the achievement of real results in the formation of an atmosphere of intolerance to corrupt practices that undermine the authority of public service in the Russian Federation is possible only through the consolidation of all efforts, and the ongoing set of outreach and educational activities gives positive results.

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