scholarly journals E-justice in civil cases and economic disputes in the Russian Federation

2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Inna Leonidovna Burova ◽  
Maria Alexandrovna Volkova ◽  
Renata Romanovna Lenkovskaya

The authors of the article have analyzed the latest amendments made to the legislation of the Russian Federation aimed at the development of e-justice in civil and arbitration cases. The main methods of this study were formal-legal, comparative-legal and systematic. The authors positively assess the introduction of digital technologies into the field of judicial protection of the rights and interests of citizens and organizations in the Russian Federation. It seems that the informatization of legal proceedings and records management will serve as an effective means of implementing the principles of transparency and accessibility of justice in the Russian Federation. The use of e-justice aims at improving the quality of justice in the Russian Federation. Its components are as follows: filing documents in electronic form, meetings held through video conferencing, audio and video recording, receiving audio and video protocols through electronic communication systems by parties to some case, notifying parties using such resources as “Guard Arbiter”, SMS, etc. Despite the general positive assessment of the amendments made to the Russian legislation on e-justice, the authors emphasize its certain shortcomings. The article dwells on the statutory regulation of e-justice in the Russian Federation and suggests possible ways to resolve legal conflicts.

Constitutional (statutory) courts are among the most effective bodies to protect the rights and freedoms of citizens. As a result of constitutional (statutory) legal proceedings, not only the person who filed the complaint receives judicial protection, but also other citizens whose rights were violated or could be violated, since recognizing a normative legal act as inadequate to the constitution, such a court cancels it. In his work, the author attempts to objectively assess the level and state of constitutional justice in the regions of the Russian Federation. In view of the fact that, with the exception of justices of the peace, the constitutional (statutory) courts are the only courts of the subjects of the Russian Federation, their absence in most entities violates the principle of separation of powers that is necessary in any democratic state. In addition, constitutional (statutory) courts play an important part in protecting the rights and freedoms of citizens, including allowing them to challenge the constitutionality of a particular law of the subject, as well as, for example, the regulatory legal act of the local government. The author concludes that there is a necessity to organize such courts, analyzes the problems in the already established courts of this category, and also formulates proposals for improving constitutional justice in the subjects of the Russian Federation.


Author(s):  
N.G. Yakusheva ◽  
V.V. Antonov

The main direction of political and legal development of Russia is the formation of the rule of law. The Constitution of the Russian Federation of December 12, 1993 proclaimed the right of every citizen to judicial protection of his rights and freedoms. The rights and freedoms of citizens of the state are its highest value. Judicial norm control is an effective means of protecting the rights and freedoms of citizens and the main guarantee that prevents the implementation of illegal legal acts in the Russian Federation. A comparative characteristic of the types of norm control in the Russian Federation is presented. It is concluded that norm control is characterized by properties derived from the quality and dynamics of social relations, their values and priorities. Proposals are made to improve the current legislation, in particular, it is proposed to make changes to the Constitution of the Russian Federation.


2020 ◽  
Vol 1 (4) ◽  
pp. 3-11
Author(s):  
S.V. Goncharenko ◽  
◽  
Z.A. Godzhaev ◽  
V.I. Pryadkin ◽  
A.V. Artyomov ◽  
...  

The problems of product quality and competitiveness are typical in the modern world. The inter-national market constantly demands the improvement of the performance properties of automobiles, tractors, agricultural machinery and other types of mobile vehicles. At the same time, they can not be increased without significant improving of the tire performance characteristics. Pneumatic tires are among the critical units of mobile vehicles that have a significant impact on the following per-formance properties; therefore, as a complex product, they were included in the list of approval in accordance with Regulation No 106 for agricultural vehicles and their trailers. The purpose of the research was to develop recommendations for improving the methodology of conducting certifica-tion tests of agricultural tires aimed at improving product quality. The article discusses the methods of certification and approval of tires for agricultural vehicles and their trailers. The drawbacks of the method of certification of agricultural tires using the method of automobile ones are analyzed. It is proposed to supplement the certification with test methods developed in the Russian Federation that are as close as possible to the operating conditions of agricultural vehicles and tires of traction machines. The experience of work of “Bridgestone” and “Michelin” companies in the Russian Federation is presented. The absence of a national tire certification system in Russia influence in many cases vehicle breakdowns, which lead to downtime, as well as to the occurrence of accidents. In case of serious accidents in transport, when there is insufficient clarity of the causes of the accident or it is clear that the accident is related to tire failure, the victims initiate legal proceedings against the manufacturers, involving the payment of monetary compensation. At the same time, mass production defects are usually hidden behind the losses of consumers. To improve the quality of agricultural tires, it is proposed to revise UN/ECE Regulation No 106 as close as possible to operating conditions, as well as to create an independent accredited tire center.


Author(s):  
Daria Dmitrievna Rozhkova

This article explores the question of sources of judicial administrative procedure law of the Russian Federation. Attention is turned to the special role of the Constitution of the Russian Federation among other sources of this branch of law, since its provisions are basic for the development of judicial administrative procedure in modern Russia.  Emphasis is made on the Chapters 2, 3 and 7 of the Constitution of the Russian Federation, the prescriptions of which develop in the Code of Administrative Procedure of the Russian Federation. From the administrative and procedural perspective, the author analyzes the results of the constitutional reform of 2020, which put to the forefront the question on the Constitution as primary source of the Russian public law. The main conclusion the conducted research consists in specification of thesis on the Constitution as a source of judicial administrative procedure law in the provision that the constitutional text views administrative proceedings as equal and sovereign form of legal proceedings alongside other forms, the essence of which lies in hearing administrative cases. At the same time, the Constitution employs the term “administrative procedure legislation” that implies a set of normative legal acts, which serve as the basis for the activity of judicial authorities with regards to hearing administrative cases. The author gives positive assessment to the results of the constitutional reform of 2020, although notice that certain proposals made by the representatives of public legal science were unimplemented by the legislators.


Author(s):  
Vladimir M. Yakovlev

The article analyzes the problems of the manifestation of risks of shadow and criminal activity in the life support system of citizens of the Russian Federation, the dissemination of which requires the development of effective measures to prevent and eliminate them. The most important issue is the formation of an effective economic security system with an emphasis on the new quality of life support for citizens of the Russian Federation in an adequate combination with the high growth rate of NTP in the Russian economy. The new technological structure emerging from the new achievements of scientific and technological progress involves the harmonization of the pace of scientific and technological development, combined with an adequate improvement in the quality of life support for citizens performing such achievements. Owing to this fact formation of new quality of the housing and communal services (HCS) as bases of life support of citizens becomes a prerequisite of increase in performance and intellectualization of human work. With this in mind, early recognition, prevention and elimination of risks of shadow and criminal activities in the housing and communal services system (housing and communal services) is considered as a significant mechanism to increase the effectiveness of the system of comfortable life support for citizens of the Russian Federation. The existing lag in the development of a high-quality and comfortable system for providing citizens of Russia on the basis of housing and communal services, the subject of which is the provision of quality and comfortable services, influenced by numerous risks of shadow and criminal influence, becomes a condition for intensifying economic development and increasing labor productivity on this basis. The need to develop and use modern scientific and technical achievements, especially in the field of digitalization, is emphasized in order to increase the efficiency of the economic security system of housing and communal services organizations based on innovative control mechanisms - internal control, audit, compliance control, taking into account financial investigations in order to prevent and eliminate the risks of shadow and criminal activities in the housing and communal services system.


2020 ◽  
Vol 19 (4) ◽  
pp. 618-632
Author(s):  
A.S. Panchenko

Subject. The article addresses the public health in the Russian Federation and Israel. Objectives. The focus is on researching the state of public health in Russia and Israel, using the Global Burden of Disease (GBD) project methodology, identifying problem areas and searching for possible ways to improve the quality of health of the Russian population based on the experience of Israel. Methods. The study draws on the ideology of the GBD project, which is based on the Disability-Adjusted Life-Year (DALY) metric. Results. The paper reveals the main causes of DALY losses and important risk factors for cancer for Russia and Israel. The findings show that the total DALY losses for Russia exceed Israeli values. The same is true for cancer diseases. Conclusions. Activities in Israel aimed at improving the quality of public health, the effectiveness of which has been proven, can serve as practical recommendations for Russia. The method of analysis, using the ideology of the GBD project, can be used as a tool for quantitative and comparative assessment of the public health.


2020 ◽  
Vol 1 (10(79)) ◽  
pp. 12-18
Author(s):  
G. Bubyreva

The existing legislation determines the education as "an integral and focused process of teaching and upbringing, which represents a socially important value and shall be implemented so as to meet the interests of the individual, the family, the society and the state". However, even in this part, the meaning of the notion ‘socially significant benefit is not specified and allows for a wide range of interpretation [2]. Yet the more inconcrete is the answer to the question – "who and how should determine the interests of the individual, the family and even the state?" The national doctrine of education in the Russian Federation, which determined the goals of teaching and upbringing, the ways to attain them by means of the state policy regulating the field of education, the target achievements of the development of the educational system for the period up to 2025, approved by the Decree of the Government of the Russian Federation of October 4, 2000 #751, was abrogated by the Decree of the Government of the Russian Federation of March 29, 2014 #245 [7]. The new doctrine has not been developed so far. The RAE Academician A.B. Khutorsky believes that the absence of the national doctrine of education presents a threat to national security and a violation of the right of citizens to quality education. Accordingly, the teacher has to solve the problem of achieving the harmony of interests of the individual, the family, the society and the government on their own, which, however, judging by the officially published results, is the task that exceeds the abilities of the participants of the educational process.  The particular concern about the results of the patriotic upbringing served as a basis for the legislative initiative of the RF President V. V. Putin, who introduced the project of an amendment to the Law of RF "About Education of the Russian Federation" to the State Duma in 2020, regarding the quality of patriotic upbringing [3]. Patriotism, considered by the President of RF V. V. Putin as the only possible idea to unite the nation is "THE FEELING OF LOVE OF THE MOTHERLAND" and the readiness for every sacrifice and heroic deed for the sake of the interests of your Motherland. However, the practicing educators experience shortfalls in efficient methodologies of patriotic upbringing, which should let them bring up citizens, loving their Motherland more than themselves. The article is dedicated to solution to this problem based on the Value-sense paradigm of upbringing educational dynasty of the Kurbatovs [15].


2020 ◽  
pp. 38-47
Author(s):  
Tamara Silkina ◽  
Olga Petrova

The article presents analysis of modern laboratory technologies and requirements for the quality of laboratory tests in the Russian Federation. Basic rules that improve the quality of laboratory tests at the preanalytical, analytical and postanalytical stage are studied on the example of tests in the Laboratory Hemotest. The optimal list of laboratory tests used in the practice of a general practitioner and organizational options for performing laboratory tests, the features of the process that affect the speed of obtaining a result by a doctor in an outpatient setting and in hospital, are presented.


2020 ◽  
Vol 2 (3) ◽  
pp. 100-118
Author(s):  
A. S. German ◽  

Introduction. Currently, the Supreme Court of the Russian Federation, like many state bodies, is faced with a global challenge – the coronavirus pandemic, which has affected all public processes. The need for social distancing has contributed to the more active use of modern technologies that facilitate remote court hearings. Theoretical basis. Methods. The theoretical basis of the study were the Russian and foreign scientific works devoted to the problems of introducing information technologies into judicial activity. The methodological basis of the study was a systematic approach that made it possible to consider the possibilities of remote justice in its relationship to significant factors of a legal and organisational nature. The study used the methods of logical generalisations, analysis and synthesis, together with a systematic approach and the method of comparative jurisprudence. Results. The article briefly presents the results of a systematic analysis of measures carried out by the Supreme Court of the Russian Federation aimed at ensuring the widespread use of remote technologies in the administration of justice. Discussion and Conclusion. Given the current pandemic situation, the Supreme Court of the Russian Federation has introduced integrated related web conferencing and video conferencing technologies for remote court hearings. These technologies began to be actively used by courts during the pandemic period. Their application ensures a reasonable time frame for legal proceedings and makes it possible to ensure the availability of justice even in conditions of social distancing. The undoubted advantage of remote technologies is their potential to reduce procedural costs in the course of legal proceedings. However, the issues under consideration require further research, as well as preparation of conceptual suggestions to the legislator aimed at optimising procedural legislation.


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