Judicial Reform of 1864: Significance and Historical Legal Assessments

10.12737/6579 ◽  
2014 ◽  
Vol 2 (12) ◽  
pp. 0-0 ◽  
Author(s):  
Константин Краковский ◽  
Konstantin Krakovskiy
Keyword(s):  
Judicial Power ◽  
Judicial Reform ◽  
Court Reform ◽  
Main Achievement ◽  
Russian People ◽  
Local Courts ◽  
Justice Of The Peace ◽  
Constitutional Monarchy

One century and half disputes in historical and law literature around the phenomena of the Court reform of 1864 have been leading. The subjects of disputes are the content of the reform in general and its new principles and institutions in particular. Sometimes discussions around court reform are under influence of political juncture. The article is devoted to the analyses of some disputing problems of the preparation, realization and content of the Court reform of 1864. One of such question is a problem whether the Court reform of 1864 was timely, and whether Russian people were ready to accept its progressive principles and institutions. Also in the article the problem of two approaches, two ideologies, two schools of development of state and law — “the historical” and “the realistic” was researched. Author comes to the analyses of constitutional potential anticipatory establishment of independent judicial power, promoting the development of the institutions of parliamentarianism and constitutional monarchy. Author sees the main achievement of the Court reform in establishment of independent judicial power, free from administrative influence, defines its connection with supreme power of the Tsar’ and describe the main parameters of the judicial power in XIX сentury. Also author analyzed the problem of overcoming of legal dualism through activity of local courts (justice of the peace and volostnoy court).

Victor Yanukovych’s entourage seizing legislative, executive and judicial power in Ukraine (2010 – early 2011)

2020 ◽  
pp. 42-53
Author(s):  
V.I. Denysenko
Keyword(s):  
National Security ◽  
Communist Party ◽  
Presidential Elections ◽  
Judicial Power ◽  
Judicial Reform ◽  
Security Service ◽  
Formal Procedures ◽  
Actual Control ◽  
Self Defence

The article describes the President Yanukovych and his entourage’s actions taken to establish control over the key branches of power in Ukraine. The role of the Donetsk clan’s particular representatives, mainly AndriiKliuev and SerhiiLyovochkin, in implementing the authority concentration schemes, is explored. The context of building up the floor-crossers coalition (officially named “Stability and Reforms”) in 2010 is highlighted. The reasons for Donetsk clan choosing the non-constitutional way of seizing control over the Parliament are explained, such as: rate of action, low price of deputies’ engagement, keeping up the ideological confrontation façade with Julia Tymoshenko’s Bloc and «Our Ukraine – People’s Self-Defence» parliamentary alliance. MykolaAzarov’s cabinet (named March 11, 2010) is analyzed, with specific influential groups identified within its composition, such as MykolaAzarov’s, AndriiKliuev’s, RinatAkhmetov’sDmytroFirtash’s and Victor Yanykovych’s clientele. The quotas of Litvin’s Block, Ukraine’s Communist Party and Russian lobbies have been distinguished. The responsible assignments in security ministries data has been generalized. The fact that Victor Yanukovych’s entourage had established full actual control over top officials of the Prosecutor General’s Office of Ukraine in the eve of the Presidential Elections 2010 decisive second ballot is emphasized. The Prosecutor General’s Office, Security Service, Foreign Intelligence, Border Police and National Security and Defense Council’s governing authorities personnel has been analyzed. Specific attention has been paid to AndriiPortnov’s role in implementing the judicial reform aimed at depriving the Ukrainian judiciary of any independence, with the Presidential Office, namely AndriiPortnov, gaining the decisive impact over its activities and preserving but formal procedures and formulas from the relatively autonomous judiciary built under Victor Yushchenko. The facts of placing pressure upon the judges voicing dissent over the reform have been revealed.

scholarly journals Сoncepts and elements of judicial enforcement

2021 ◽  
Vol 2021 (2) ◽  
pp. 33-45
Author(s):  
L. P. Samofalov ◽  
◽  
О. L. Samofalov ◽  
Keyword(s):  
Law Enforcement ◽  
International Standards ◽  
Judicial Power ◽  
Judicial Reform ◽  
Public Authorities ◽  
Legal Form ◽  
Positive Law ◽  
The Law ◽  
Judicial Procedure ◽  
The Right

The problems of judicial enforcement are considered in the article. It is emphasized that judicial enforcement is a legal form of state functions implementation. The need to study this legal category is emphasized. This need is related to the harmonization of legislation with international standards, judicial reform, and increased protection of human rights. Different points of view of legal scholars concerning judicial enforcement are investigated. It is concluded that the judicial application of the law is based on the rules of positive law. A judge may not refuse to hear a case due to gaps in the law. Judicial enforcement is associated not only with the application of the law, but also with their interpretation, and sometimes lawmaking. On the one hand, the judiciary is a manifestation of power, and on the other it is the most rational and effective form of control over the activities of state power. It is stated in the article that justice, as a court activity carried out in the form of civil, administrative, criminal, economic and constitutional proceedings, takes place in the procedural forms established by law. Law enforcement activity of the court is a long, complex and systematic process. It has a specific purpose, that is a clearly defined value, which includes recognition of a person, their life, health, honor and dignity, inviolability and security. It is stated that law enforcement cannot be carried out beyond the principles of law, as they go through all the rules of law and are the basis of the legal system. The components of the rule of law are recognized by the international community. In particular, they are: – the right to appeal against the actions of public authorities; – free assessment by the court of the circumstances of the case; – independence and impartiality of judges; – independent judicial procedure, which covers fairness, openness, reasonable time for consideration of the case, availability of legal aid; – binding nature of court decisions. In order to ensure the proper judicial system functioning, it is proposed to amend the current legislation in the process of judicial reform. The conclusions to the article stipulate that the court performs both law enforcement and law-making functions. The essence of the administration of justice and judicial activity is reduced to the application of law. In the process of administering justice, the judiciary acts in clearly defined procedural forms. Judicial power, as a subject of constitutional regulation, is exercised precisely in justice, and justice is administered and administered by the court through judicial enforcement. Key words: judicial enforcement, justice, judicial activity, judicial power, judicial proceedings, judicial lawmaking.

scholarly journals Judicial Law-making and Its Regulation in Independent Ukraine: Its History and Development

2021 ◽  
Vol 4 (3) ◽  
pp. 82-100
Keyword(s):  
Supreme Court ◽  
Legal Status ◽  
Legal Regulation ◽  
Judicial System ◽  
Judicial Power ◽  
Constitutional Court ◽  
Judicial Reform ◽  
The Supreme Court ◽  
History Of ◽  
Law Making

The article studies the history of the origin and development of legal regulation of judicial law-making in Ukraine. The analysis of doctrinal ideas about judicial law- making, as well as the peculiarities of its formation in Ukraine, allowed us to emphasise that our scientific research is relevant because of: 1) the duration of the domestic judicial system and judicial reform, which dates back to the proclamation of Ukraine’s independence (1991) and continues to this day; 2) the ambiguity of the legal support for judicial law-making in Ukraine, the high level of its variability, and the uncertainty of the legal status of the subjects of judicial power in the mechanism of domestic law-making; 3) the doctrinal uncertainty of the place of judicial law-making in the domestic legal system, the ambiguity of its scientific perception, and the understanding of its function in the domestic mechanism of legal regulation. This paper analyses the provisions of the legislation of Ukraine in terms of legal support for forms and procedures of judicial law-making, the legal significance of judicial law-making acts, and their impact on administering justice in Ukraine. Particular attention is paid to the activities of the judiciary in the areas of law enforcement and law-making, the relationship and interaction of which requires strengthening in the current context of reforming the judicial system and the judiciary in Ukraine. The stages of development of the legal regulation of judicial law-making in Ukraine are revealed, the peculiarities of the legal support for judicial law-making are determined, and the content of the legal regulation of the mechanism of participation of the subjects of the judicial power of Ukraine in the national law-making is characterised. Analysis of the history of the legal regulation of judicial law-making in Ukraine and the current state of its legal provision allowed us to conclude that despite the scale of legislative changes in the legal support for the judicial system of Ukraine today, neither the Supreme Court, nor the Constitutional Court of Ukraine, nor any other court institution is recognised by the legislation of Ukraine as subjects of law-making. The legislation of Ukraine does not contain a clear definition of their status as the subject of law-making with the right to accept generally obligatory acts of this process. It is noted that such uncertainty significantly weakens both the legal support for the courts and their activities. At the same time, it is noted that as a result of the adoption of legislative acts within the judicial reform during 2014-2017, which are still in force today, the legislator has made a significant step towards recognising and consolidating the official status of judicial law-making, namely: 1) a number of legislative powers of the Supreme Court and the Constitutional Court of Ukraine were consolidated; 2) the legislative regulation of the stages of the law-making process by the Supreme Court and the Constitutional Court of Ukraine has been strengthened; 3) the legal consolidation of the status of law-making acts of the Supreme Court and the Constitutional Court of Ukraine has been improved.

НАУЧНЫЙ ПУТЬ МАРИНЫ МИХАЙЛОВНЫ ГРОМЫКО

2021 ◽  
pp. 6-26
Author(s):  
Олег Викторович Кириченко
Keyword(s):  
Traditional Culture ◽  
Soviet Period ◽  
Moral Culture ◽  
Main Achievement ◽  
Russian People ◽  
Post Soviet Period ◽  
The Way

Аннотация. Историографический анализ трудов доктора исторических наук, профессора М. М. Громыко позволяет понять, как складывалось «православное направление» в русской этнографии постсоветского периода. Одна из крупных фигур в современной этнографии русского народа, М. М. Громыко прошла долгий путь в науке, одно время ее отличал славянофильский подход (насколько это было возможно в то или иное время) в изучении русского народа. В 1990-е годы произошла замена светского подхода религиозным. Главным ее достижением стали исследования в области нравственной культуры. Сегодня православное направление продолжает развивать свою методологию, которая должна соответствовать изучаемой русской традиционной культуре. Abstract. Historiographic analysis of the works of Doctor of Historical Sciences, Professor M.M. Gromyko makes it possible to understand how the “Orthodox trend” took shape in Russian ethnography in the post-Soviet period. One of the major figures in the modern ethnography of the Russian people, M.M. Gromyko has come a long way in science, at one time she was distinguished by the Slavophil approach (as far as it was possible at one time or another) in the study of the Russian people. Then, in the 1990s, the secular approach was replaced by a religious one. Her main achievement was research in the field of moral culture. Today the Orthodox direction is on the way to developing its own methodology, which should correspond to the studied Russian traditional culture.

The Dual Nature of the Justice of the Peace: Historical Heritage in Determining the Prospects for Development

2020 ◽  
Vol 9 ◽  
pp. 57-67
Author(s):  
V. P. Ocheredko ◽  
Keyword(s):  
Qualitative Difference ◽  
Judicial Reform ◽  
Important Place ◽  
Dual Nature ◽  
Legal Proceedings ◽  
Complex Process ◽  
The Status ◽  
Historical Heritage ◽  
Justice Of The Peace ◽  
Russian Model

Problem statement. The originality of the Russian model of the world court created in the post-reform Russia is largely determined by the concept of its dual nature, consisting in an attempt to combine state activity and the initiative of society in world justice. It is she who characterizes the qualitative certainty of a justice of the peace. The difficult path and prospects for the development of a justice of the peace is a contradictory process of legalization of its social reconciliation component. Purpose of the study. The purpose of the study is to determine the place and role of the concept of dual nature in the development of the institution of magistrates in Russia. Methods. The work was carried out on the basis of the use of such general scientific research methods as historical and legal, formal-legal and institutional-legal modeling. In the course of the study, system-structural and logical approaches to the study were applied. Results. The analysis of the concept of the dual nature of the magistrates» court implemented in the Judicial Charter in all areas of the judiciary: judicial system, legal proceedings and the status of a judge. The conditionality of the complex process of development of a magistrate inherent in the model is revealed. The continuity in preserving the dual nature of the justice of the peace at the present stage of reform is disclosed. The conditionality of preserving its world nature on the basis of the development of a social reconciliation function is substantiated. Conclusions. An important place in the Russian model of magistrates being implemented by the Judicial Charters, which gives it a qualitative difference from the models implemented in other legal systems, is occupied by the idea of the dual nature of the magistrates» court. The complexity and inconsistency of its implementation was manifested during the formation and results of the work of justices of the peace. Subsequent reform of the institution of justice of the peace is a process of successively adapting ideas to the realities of strengthening the state principle in the judiciary. However, this did not lead to the elimination of the social component in the nature of the justice of the peace, the elimination of the conciliation function. In the framework of modern judicial reform, continuity in the development of a justice of the peace has been observed. However, one should note the fragmentation and inconsistency of the implementation of the idea in the modern model. All ongoing transformations in the field of world justice are aimed primarily at its development as a local court of limited jurisdiction. An important place in maintaining the quality of certainty of a justice of the peace is the development of its conciliatory function, without which it is a local court with the preservation of its former historical name.

SECOND STAGE OF JUDICIARY REFORM IN UKRAINE

2018 ◽  
Vol 1 (13) ◽  
pp. 183-193
Author(s):  
Yevhen Оleksandrovych Romanenko
Keyword(s):  
The Internet ◽  
Judicial Reform ◽  
Video Communications ◽  
Second Stage ◽  
Judicial Administration ◽  
Paper Form ◽  
Electronic Cabinet ◽  
Local Courts ◽  
Public Money ◽  
Trial Participants

The paper shows changes in the judiciary, in connection with the liquidation and creation of local courts in Ukraine. The necessity of creating more convenient access to the cases through the Internet is described, so that they will be solved more quickly, and the burden on the court specialists will be reduced. The positive changes and changes were analyzed, with the beginning of the second stage of judicial reform in 2018. The urgency of creating a separate electronic cabinet, for each case, where the court and participants in the trial process will be able to review all documents at any time, is substantiated. This minimizes the probability of delaying the cases when the parties challenge all decisions of the courts without exception.It has been determined that judicial reform involves the need for access to cases through the Internet. In the same way, different documents must be translated to higher authorities. Due to electronic circulation, they will be solved more quickly, the burden on the court experts will be reduced, and public money will be saved. In order for this innovation to work in full, amendments will be made to the legislation. It is noted that an important step forward: a court session can be held in a video conference. For example, the lawyer, from his e-office, can represent the interests of the company: send documents, get video communications during meetings. It is substantiated that a separate electronic cabinet should be created for each case, where the court and trial participants will be able to review all documents at any time. Of course, to use this technology, you need to register in the system email and digital signature. This minimizes the probability of delaying cases when the parties challenge all, without exception, court decisions. Now the electronic review will be not only possible, but also mandatory. If, within five days, the court will not be able to provide electronic proceedings, documents will be translated into paper form. In order for these provisions to work, the State Judicial Administration should publish an instruction on the website of the Verkhovna Rada, solve the issue of setting up electronic cabinets, registering electronic addresses and video fixing.

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 Transparency and Evaluation of Transparency in the Adjudication and Exercise of the Judicial Power of the Court in Vietnam

2021 ◽  
Vol 37 (1) ◽  
Author(s):  
Nguyen Ngoc Chi
Keyword(s):  
Common Ground ◽  
Dialectical Materialism ◽  
Judicial Power ◽  
Historical Period ◽  
Judicial Reform ◽  
Court System ◽  
Socialist Republic ◽  
The People ◽  
Criteria For Evaluation ◽  
Human Rights Based Approach

Recent studies have shown that alongside the implementation of transparency, the evaluation of transparency in the adjudication and exercise of the judicial power of the court is an objective requirement for a rule-of-law country. However, each form of organization of judicial power and each design of the court system have a different approach to the evaluation of the transparency in the adjudication and exercise of the judicial power. Therefore, aside from the common ground that is acknowledging the importance of the evaluation of  transparency in the adjudication and exercise of the judicial power, the purpose, mechanism, method, and criteria for evaluation vary in accordance to each country, each historical period. The judicial reform in Vietnam requires for evaluation of transparency in the adjudication and exercise of the judicial power of the court. Initial steps have been made to perform evaluation to a certain extent, however this has proven insufficient for the goal to “build a clean, strong, just, democratic, and step-by-step modernized judicial system to serve the people, to serve the Socialist Republic of Vietnam”. For this reason, this paper aims to clarify the theoretical and practical foundation of transparency and evaluation of transparency in the adjudication and exercise of the judicial power in Vietnam under the human rights-based approach, the dialectical materialism approach, and scientific research methods, among which the comparative law method is emphasized.

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