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.

JUDICIAL REFORM OF THE LATE 20TH – EARLY 21ST CENTURIES IN RUSSIA

2021 ◽  
Vol 11 (5) ◽  
pp. 191-221
Author(s):  
V.M. ZHUIKOV
Keyword(s):  
Russian Federation ◽  
Major Change ◽  
Civil Procedure ◽  
Judicial System ◽  
Judicial Reform ◽  
Federal Law ◽  
Current Trends ◽  
Procedure Code ◽  
The Russian Federation ◽  
Civil Cases

The author analyzes the reform of the Russian legislation regulating the activity of courts for consideration of civil cases, the reform, which began in the 1990s and continues to this day. Highlights the main stages of the reform related to the adoption of the Constitution of the Russian Federation 1993, changes in the judicial system, with the adoption of the Commercial Procedure Code of the Russian Federation in 1992, 1995, 2002, with a major change of Civil Procedure Code of the RSFSR 1964 and the entry into force of the current Civil Procedure Code of the Russian Federation, 2002. In addition, the author calls the current trends in the development of procedural legislation, including reforms made by Federal Law of 28 November 2018 No. 451-FZ.

scholarly journals LEGISLATION AND JUDICIAL REFORM IN THE RUSSIAN FEDERATION

2021 ◽  
pp. 107-119
Author(s):  
И.И. Корякин ◽  
М.И. Дмитриева
Keyword(s):  
Russian Federation ◽  
Constitutional Reform ◽  
Judicial System ◽  
Judicial Reform ◽  
The Russian Federation

В статье анализируются проблемы конституционной реформы по усовершенствованию судебной системы в связи с внесением изменений и поправок в Конституцию Российской Федерации. В проблемном ключе обоснована необходимость совершенствования судебной системы и нормативного закрепления в российском законодательстве. The article analyzes the problems of constitutional reform to improve the judicial system in connection with the introduction of changes and amendments to the Constitution of the Russian Federation. In a problematic vein, the need to improve the judicial system and normative consolidation in Russian legislation is substantiated.

Historical and Legal Research of the Bases of Organization and Functioning of Judicial Authority in Crimea in the Composition of the Russian Empire (late XVIII – Beginning of XX Centuries)

2021 ◽  
Vol 3 ◽  
pp. 56-62
Author(s):  
M. S. Kiyan ◽  
◽  
T. V. Khutko
Keyword(s):  
Russian Federation ◽  
Russian Empire ◽  
The State ◽  
Judicial System ◽  
Judicial Reform ◽  
The Crimea ◽  
The Russian Federation ◽  
The Republic ◽  
The Russian Empire ◽  
High Level

In the Russian Federation, one of the priority vectors of the development of the state is to improve the quality of justice, the guarantee of which is the effective judicial system. For the most optimal mode of functioning of the judicial system, an understanding of the main trends in its development is necessary, which requires a high level of generalization and scientific potentiation of the foundations of the organization and functioning of the judiciary, and is possible only if all previous stages of its development are analyzed. The main objective of the study: 1) determine the features of the development of the judicial policy of the Russian Empire in the regions, in particular in the Crimea; 2) to trace the evolution of the judicial system in the Crimea during its stay in the Russian Empire. When writing the work, methods of scientific research were used: dialectical, historical-legal, formal-legal, systemic, comparative-legal, historical periodization, diachronous, institutional-legal. The main results and conclusions of the study can be defined as: 1) judicial reform was a priority in the state legal policy of the Russian Empire at the end of the XVIII – early XX centuries; 2) the author's periodization of the reform of the judicial system in the Crimea. Such a consistent consideration of the organization and functioning of the judiciary allows for its comprehensive study as a historical phenomenon with its own genesis of organization and activity The article is of high scientific value, since it is the first generalizing study in the historical and legal literature devoted to the problems of the formation, development and modernization of the judiciary in Crimea as part of the Russian Empire (1783–1917), in which it was first used that were not previously included in the scientific circulation Sources of the State Archive of the Republic of Crimea of the Russian Federation.

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 Periodization of History of Judicial Transformations in Russia in the Second Half of the XIX to the XXI Century

2021 ◽  
Vol 5 ◽  
pp. 34-45
Author(s):  
Aleksey A. Demichev ◽  
◽  
Valentina M. Bolshakova ◽  
Vera A. Ilyukhina ◽  
◽  
...  
Keyword(s):  
Russian Federation ◽  
Judicial System ◽  
Judicial Reform ◽  
Legal Proceedings ◽  
The Third ◽  
History Of ◽  
Judicial Proceedings ◽  
The Russian Federation ◽  
The Russian Empire ◽  
Second Period

The article proposes a periodization of judicial reforms in the Russian Empire, the RSFSR and the Russian Federation. The article proposes a distinction between the concepts of «judicial reform» and «judicial reform». There are distinguished and characterized six periods of judicial reforms in relation to the dynamics of the judicial system and legal proceedings in Russia in the second half of the XIX — XXI centuries: the first period (November 20, 1864 — July 1, 1899) — the judicial reform of 1864; the second period (July 1, 1899 — November 22 (December 5), 1917)) — the transformation of the judicial system and judicial proceedings created by the Judicial Statutes of 1864; the third period (November 22 (December 5), 1917 — May 25, 1922) — the judicial transformations of the first years of Soviet power; the fourth period (May 25, 1922 — July 10, 1923) — the judicial reform of 1922; the fifth period (July 10, 1923 — October 24, 1991) — transformation of the judicial system and judicial proceedings in the RSFSR, created during the judicial reform of 1922; the sixth period (October 24, 1991 — July 29, 2018) — judicial reform in the Russian Federation.

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.

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.

scholarly journals Preventing Corruption in the Judicial System of the Russian Federation: Opportunities for Corruption Connected with the Discretionary Powers of the Court Chairperson

2020 ◽  
Vol 14 (6) ◽  
pp. 823-833
Author(s):  
Nikolai Petukhov ◽  
Ekaterina Ryabtseva ◽  
Yuri Tuganov ◽  
Vladimir Aulov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Present Moment ◽  
Court System ◽  
Public Officials ◽  
Effective Prevention ◽  
Service Employees ◽  
Functional Features ◽  
The Russian Federation ◽  
Corruption Prevention

At the present moment, corruption crimes committed by civil service employees not only interfere with the work of public officials endowed with authority, but they also undermine the credibility of state power, the trust and respect of people for state institutions and, primarily, for equitable justice. The article describes the experience of counteracting corruption in the practice of courts and judicial bodies, including the High Qualification Board of Judges, the Councils of Judges of the Russian Federation and of its regions. Adhering to the requirements of international law and taking into consideration the national law systems, the authors based their research on the inter-disciplinary systemic approach, which is necessary for the effective prevention of corruption in the court system. The theoretical results of the research were reflected in determining both the general regularities of combating corruption in the court system and the specific characteristics that take into consideration the structural and functional features of court power and the legal status of public officials. The practical results include suggestions on optimizing the organization of corruption prevention in the court system, the cooperation of courts and judicial bodies with other state bodies and public institutions on counteracting corruption while preserving the independence of the judicial power. The practical conclusions could be used for optimizing the work of courts and judicial bodies connected with the organization and implementation of anti-corruption measures.

scholarly journals PRINCIPLES OF FORMATION OF SOCIAL RESPONSIBILITY AT STUDENTS OF LEGAL UNIVERSITY DURING LESSON SAFETY LESSONS

2020 ◽  
Vol 8 (5(74)) ◽  
pp. 27-30
Author(s):  
E.V. Kireev ◽  
A.E. Kuznecova
Keyword(s):  
Social Responsibility ◽  
Research Methods ◽  
Russian Federation ◽  
Teaching Practice ◽  
Practical Importance ◽  
Law Students ◽  
Judicial System ◽  
The Russian Federation ◽  
Analysis Of Teaching

The article is devoted to the problems of the formation of social responsibility among law students in the process of studying the discipline "Life Safety". Its purpose is to consider the principles offormation of social responsibility, guided by which it is possible to more effectively solve the problems of educating future specialists of the judicial system of the Russian Federation, to determine certain forms and methods of influencing students. Therelevance of the topic of the article is obvious. It allows you to focus on a problem of important theoretical and practical importance. The author used both traditional and modern research methods used in the analysis of teaching practice in a university. He gives some recommendations on the formation of social responsibility among students during the classes, which will undoubtedly affect the improvement of the quality of future lawyers. The article is addressed to the faculty of universities, theorists and practitioners involved in pedagogical activities and will be useful to teachers, as well as to all who are involved in the training of future specialists

scholarly journals Genesis of establishment and development of the judicial system of the Russian Federation in the late XX – early XXI centuries: institutional and normative characteristics

2021 ◽  
pp. 26-36
Author(s):  
Valentina Mikhailovna Bol'shakova
Keyword(s):  
Soviet Union ◽  
Russian Federation ◽  
Federal Courts ◽  
Judicial System ◽  
Constitutional Court ◽  
The Soviet Union ◽  
The Supreme Court ◽  
Judicial Proceedings ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the evolution of the structure of judicial system of the Russian Federation in the late XX – early XXI centuries. Description is given to the changes undergone by the Russian judicial system after dissolution of the Soviet Union. The author follows the dynamics of the normative legal changes that regulate judicial proceedings, as well as reveals the institutional framework of the modern structure of judicial system of the Russian Federation. The article illustrates the institutional and normative changes within the structure of judicial system of the Russian Federation in the late XX – early XXI centuries based on application of the comparative-legal and systemic methods of research. The novelty and the main conclusions lie in the following: it is established that the Russian Federation has issued the normative legal acts that contribute to the strengthening and unification of the Russian judicial system, uniformity of social guarantees and compensations set for judges. Currently, the judicial system of the Russian Federation is founded on the principle of combining administrative-territorial and district organization. It is determined that the judicial system of the Russian Federation consists of 1) the Constitutional Court of the Russian Federation; 2) the Supreme Court of the Russian Federation; 3) federal courts of general jurisdiction; 4) arbitration courts; 5) magistrates’ courts of the constituent entities of the Russian Federation. It is noted that since January 1, 2023, the Constitutional (statutory) courts of the constituent entities of the Russian Federation will be abolished.

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