scholarly journals Problems of a lawyer's monopoly in civil proceedings

2020 ◽  
Author(s):  
K.A. Nazaretyan
Keyword(s):  
Russian Federation ◽  
Access To Justice ◽  
Legal Services ◽  
Civil Proceedings ◽  
The Russian Federation ◽  
The Right ◽  
Judicial Protection

The article analyzes the main directions of reforming the institution of judicial representation in civil proceedings in connection with the transformation of the bar into a monopolist in the market of legal services. It is proposed to take a number of measures to ensure citizens ' access to justice, since the right to judicial protection is guaranteed by the Constitution of the Russian Federation.

scholarly journals The extension of the period of judicial proceedings in civil cases

2020 ◽  
pp. 79-83
Author(s):  
Tatiana Solovyeva
Keyword(s):  
Russian Federation ◽  
Civil Procedure ◽  
Civil Proceedings ◽  
Judicial Proceedings ◽  
The Russian Federation ◽  
Civil Cases ◽  
The Right ◽  
Judicial Protection

The article is devoted to the study of the peculiarities of the implementation of the right to extend the term of the trial in the consideration and resolution of civil cases. In general, this right is evaluated positively by the author, since it is aimed at meeting the terms of civil proceedings. However, there are some negative aspects of the exercise of the right to prolong the trial. It is concluded that it is necessary to make additions to part 6 of article 154 Code of civil procedure of the Russian Federation in order to ensure effective judicial protection.

The value, concept and essence of appeal proceedings in civil cases

2020 ◽  
pp. 523-529
Author(s):  
Liliya Usich
Keyword(s):  
Human Rights ◽  
Knowledge Based ◽  
Civil Proceedings ◽  
High Prevalence ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
Civil Cases ◽  
Judicial Errors ◽  
The Right ◽  
Judicial Protection

This work is devoted to identifying the significance of the appeal proceedings in civil cases. We emphasize that the right to judicial protection is one of the fundamental human rights. To achieve this goal, we set the following tasks: define the concept of appeal proceedings; characterize the essence of the appeal proceedings in civil cases. In the course of studying the issue, we use the methods of scientific knowledge, based on the results of which the appropriate conclusions are drawn: despite the wide recognition of the appeal proceedings in the Russian Federation, we note the need to improve the efficiency of this institution due to certain omissions in the legislation. As a result, we define what should be understood as an appeal – consideration of cases that have not entered into legal force. By virtue of this, the importance and significance of the appeal proceedings as an appeal tool, as well as the direct correction of judicial errors, is noted both by the norms of domestic legislation and by international human rights bodies. The indicated gaps in the legislation show the absence of clearly defined boundaries, which creates problems in determining the value and essence of the appeal proceedings both at the theoretical and practical levels. In particular, there is a controversy on the appeal proceedings’ importance. However, the doctrine identifies two main elements, the essence of the appeal proceedings is: 1) the repetition of the case; 2) verification of the judicial act. Nevertheless, despite the high prevalence of appeals in civil proceedings, the issue of improving the effectiveness of this institution is still relevant, which leads to the inefficiency of civil proceedings in general.

scholarly journals To the admissibility of the civil law exemption of property from arrest, imposed in the criminal proceedings: domestic and foreign experience

2017 ◽  
Vol 1 (3) ◽  
pp. 190-200
Author(s):  
Natalia Kashtanova
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Civil Proceedings ◽  
The Russian Federation ◽  
Judicial Protection

The subject of paper deals with the legal nature of measures of criminal procedural compulsionin the form of seizure of property.Methodological basis of the article is based on general scientific dialectical methods of cognitionof objective reality of the legal processes and phenomena that allowed us to conduct anobjective assessment of the state of legislation and law enforcement practice in the proceduralaspects of the cancellation of the seizure of property in criminal proceedings of Russia.The results and scope of it’s application. It is submitted that the cancellation of the seizureof the property (or the individual limit) is allowed only on the grounds and in the mannerprescribed by the criminal procedure law of the Russian Federation. However, the studyfound serious contradictions in the application of the relevant law. In particular, cases inwhich the question of exemption of property from arrest (exclusion from the inventory),imposed in the criminal case was resolved in a civil procedure that, in the opinion of theauthor of the publication, is extremely unacceptable.On the stated issues topics analyzes opinions of scientists who say that the dispute aboutthe release of impounded property may be allowed in civil proceedings, including pendingresolution of the criminal case on the merits. The author strongly disagrees with this positionand supports those experts who argue that the filing of a claim for exemption of propertyfrom arrest (exclusion from the inventory) the reviewed judicial act of imposing of arrestwithout recognition per se invalid. In this regard, the author cites the legal position ofthe constitutional Court of the Russian Federation, from which clearly follows that of theright of everyone to judicial protection does not imply the possibility of choice of the citizenat its discretion, techniques and procedures of judicial protection, since the features of suchjudicial protection is defined in specific Federal laws.The author analyzes and appreciates Kazakhstan's experience of legal regulation of the permissibilityof filing a civil claim for exemption of property from seizure imposed in criminalproceedings. The author notes that the new civil procedural legislation of the Republic ofKazakhstan, which came into force from 01 January 2016, clearly captures that considerationin the civil proceedings are not subject to claims for exemption of property from seizureby the criminal prosecution body.Conclusions. Necessity of amendment to article 422 of the Civil Procedure Code of Russia:this article should not apply to cases of application of measures of criminal procedural compulsionin the form of seizure of property. Among other things, the author proposed additionsto part 9 of article 115 of the Criminal Procedure Code of Russia.

scholarly journals Restriction of the access to justice for consideration of the criminal procedure dispute in accordance with the Article 125 of the Criminal Procedure Code of the Russian Federation

2021 ◽  
pp. 58-69
Author(s):  
Tatiana Topilina
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Access To Justice ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
The Subject ◽  
Soviet Space ◽  
The Russian Federation ◽  
The Right ◽  
Right Of Access

This article analyzes the problems of implementation of the right of access to justice for consideration of the criminal procedure dispute in accordance with the Article 125 of the Criminal Procedure Code of the Russian Federation. The author carefully examines the legislation of the countries of post-Soviet space on filing a complaint against actions (omissions), as well as decisions of the prosecuting agency in pretrial proceedings. The subject of this research is the norms of the Russian and foreign legislation that regulate the right of access to justice in criminal proceedings. The object is the legal relations arising in the context of implementation of the right of access to justice. The article employs the universal systemic method of cognition; comparative-legal, formal-legal, and statistical methods; as well as logical analysis of the normative legal acts. It is indicated that restriction of the access to justice for consideration of the criminal procedure dispute in accordance with the Article 125 of the Criminal Procedure Code of the Russian Federation is also established by the practice developed in law enforcement for evaluation of the complaint prior to its consideration involving  the parties with the possibility of making a decision on whether to remit or reject the complaint in the absence of legislatively specified grounds, which directly affects the number of addressed complaints. The conclusion is made on the need to specify the grounds for remitting the complaint of an applicant filed in accordance with the Article 125 of the Criminal Procedure Code of the Russian Federation, for the purpose of excluding the possibility of decision made by the court that is not based on the law on remitting or rejecting the complaint for consideration (the Article 125 of Code of Criminal Procedure Code of the Russian Federation).

scholarly journals NORM CONTROL IN THE RUSSIAN FEDERATION: PROSPECTS FOR THE INSTITUTION DEVELOPMENT

2020 ◽  
Vol 30 (2) ◽  
pp. 305-311
Author(s):  
N.G. Yakusheva ◽  
V.V. Antonov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Effective Means ◽  
Comparative Characteristic ◽  
The Rule Of Law ◽  
Legal Development ◽  
The Russian Federation ◽  
The Right ◽  
Judicial Protection ◽  
Norm Control

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.

scholarly journals Right of access to justice as a principle of criminal process

2020 ◽  
pp. 49-58
Author(s):  
Tatiana Topilina
Keyword(s):  
Russian Federation ◽  
Access To Justice ◽  
Controversial Issues ◽  
Unique Case ◽  
Criminal Process ◽  
Legal Provision ◽  
The Subject ◽  
The Russian Federation ◽  
The Right ◽  
Right Of Access

This article analyzes the controversial issues of attributing the right of access to justice to the principles of criminal process. The author meticulously examines the origin of the right of access to justice in the Article 52 of the Constitution of the Russian Federation. The subject of this research is the norms of Russian and foreign legislation regulating the right of access to justice in criminal process. The object is the legal relations emerging in implementation of the right of access to justice. The article explores regulation of the right of access to justice in legislation of the Russian Federation and CIS member-states. It is demonstrated that the right of access to justice possesses certain characteristics that allow attributing it to the principles of criminal process: it represents an objective legal category that reflects the dominant in society political, legal and ethical ideas, and is most common legal provision in relation to other norms of law. A conclusion is substantiated that absence of the right of access to justice in criminal procedural legislation is a unique case of a gap in the principle of law.

scholarly journals RETURN OF COURT FEE IN CONNECTION WITH LEAVING THE APPLICATION WITHOUT CONSIDERATION IN THE CIVIL PROCEEDINGS OF UKRAINE

2021 ◽  
Vol 12 (2) ◽  
pp. 46-56
Author(s):  
Ulyana Vorobel ◽  
Keyword(s):  
Legal Regulation ◽  
Access To Justice ◽  
Civil Case ◽  
Administrative Procedure ◽  
Civil Proceedings ◽  
Procedural Code ◽  
The Law ◽  
The Individual ◽  
The Right ◽  
Judicial Protection

The article researches the peculiarities of return of court fees in connection with the completion of a civil case without a court judgement in the form of leaving the application without consideration of legal regulation, analyzes the issues of this institute in judicial practice, and provides suggestions for improving its legal regulation. Attention has been drawn to the fact that since the court fee is one of the basic categories of access to justice, and therefore an element of the right of a person to judicial protection enjoyment, and the need to ensure the balance of interests of the state and the individual in regulating the legal basis of court fees payment, the grounds for the application of this procedural institute must be exhaustive and may not be subject to extended interpretation. Based on the comparative analysis of the legal regulation of the return of court fees institute, and in particular the legislative regulation of such grounds for its application as completion of civil proceedings without a court judgement in the form of leaving the application without consideration, it was found a legislative tendency to reduce the list of the very grounds for leaving the application without consideration, with the use of which the return of court fees is allowed. Examples of jurisprudence in the field of application of each ground of leaving the application without consideration through the prism of the institute of return of court fees have been given. Attention has been drawn to the fact that although in the process of amending the civil procedural legislation, which took place with the adoption of the Law of Ukraine "On Amendments to the Commercial Procedural Code of Ukraine, Civil Procedural Code of Ukraine, Code of Administrative Procedure of Ukraine and other legislative acts", such grounds as leaving by the plaintiff (his/her representative) of the courtroom was removed from the "general list" of grounds for leaving the application without consideration under Part 1 of Art. 257 CPC of Ukraine, it still exists, because it was left by the legislator in the article governing the consequences of non-appearance at the hearing of the parties (Part 6 of Art. 223 CPC of Ukraine). It has been constituted that item 4 of Part 1 Art. 7 of the Law of Ukraine "On Court Fees" provides the opportunity to return the court fee in case of completion of a civil case without a court judgement in the form of leaving the application without consideration on all grounds except those that constitute exceptions by law, and in particular the grounds established by items 3, 5 and 9 of Part 1 Art. 257 CPC of Ukraine, as well as Part 6 of Art. 223 CPC of Ukraine.

scholarly journals ON THE STATE REGISTRATION OF A RIGHT: ON THE EXAMPLE OF THE RIGHT OF THE SURVIVING SPOUSE TO A SHARE IN JOINT PROPERTY PURSUANT TO PARAGRAPH 2 CLAUSE 4 ARTICLE 256 OF THE CIVIL CODE OF THE RUSSIAN FEDERATION

2020 ◽  
Vol 3 ◽  
pp. 44-47
Author(s):  
Kamil M. Arslanov ◽  
Keyword(s):  
Russian Federation ◽  
General Rule ◽  
Civil Code ◽  
The State ◽  
Civil Proceedings ◽  
Legal Nature ◽  
The Russian Federation ◽  
State Registration ◽  
The Right ◽  
Joint Property

In the course of the ongoing reform of civil legislation the Civil Code of Russian Federation was amended in 2018, including Art. 256 (paragraph 2, item 4) regarding the legal fate of common joint property of spouses after the death of one of them. In the notarial practice the question arose in this regard as to whether the surviving spouse can be considered the owner of the property in the absence of state registration of the ownership right and, accordingly, in the future to be the heir to such property. This predetermines the question about the meaning of the state registration itself as a legal procedure in civil proceedings. It is concluded that the state registration for the case of paragraph 2, item 4 of Art. 256 of the Civil Code of the Russian Federation is not of a legal nature and has a procedural meaning of formalization of legal relations. Thus, this is one of the exceptions from the general rule on the need for state registration for the recognition of the existence of ownership of real estate.

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