scholarly journals Electronic proceedings in the courts of verification instances as one of the digital modifications of justice in civil cases

2021 ◽  
Vol 1 ◽  
pp. 52-54
Author(s):  
Y.A. Lukonina ◽  
Keyword(s):  
Judicial System ◽  
System Transformation ◽  
Administration Of Justice ◽  
The Russian Federation ◽  
Civil Cases ◽  
Procedural Reform ◽  
The Right ◽  
Judicial Protection ◽  
Structural Methods ◽  
Comprehensive Study

The article reveals the main features of the judicial system transformation as a result of the October procedural reform, when the appeal and cassation systems of general jurisdiction began to function in the Russian Federation. The author aims to conduct a comprehensive study of the possibilities of appellate and cassation instances digitalization. Dialectical, analytical, comparative and structural methods used in considering the most relevant legislative innovation help to demonstrate the conflict between digitalization and the creation of structurally independent courts. The author notes the complication of the implementation of the mechanism of the right to judicial protection in the conditions of positive dynamics of the functioning of new units. Analyzing the procedural features of the current procedure for initiating proceedings in the verification instances, the author comes to the conclusion that it is necessary to digitally modernize the administration of justice in courts of appeal and cassation courts. New approaches to the introduction of electronic communication are proposed by creating a modern functional for the implementation of the right of appeal and cassation by analogy with the existing mechanisms for the provision of public services. The results of the study can become a trigger for further reform of the judicial system in the light of the digitalization of justice in civil cases.

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 Access to Court as a Determinative Procedural Act for the Exercise of Justice and Protection of Rights in Civil Cases (Part 2)

2021 ◽  
Vol 16 (1) ◽  
pp. 99-110
Author(s):  
E. E. Uksusova
Keyword(s):  
Constitutional Rights ◽  
Law System ◽  
Procedural Law ◽  
Current State ◽  
Administration Of Justice ◽  
Civil Cases ◽  
The Right ◽  
Judicial Protection ◽  
Procedural Rights ◽  
Right Of Access

The author, following the focus of the study on specialization of civil procedural law in the Russian legal system as manifested regularity of its development, relying on the inevitable dualism and interaction between material and procedural law, comprehends its current state on the example of certain basic procedural and legal institutions: the institution of the right of access to court, the institution of protection of the rights and interests of other persons, the institution of jurisdiction, etc The author’s use of known and proposed legal constructions, categories and concepts in the author’s combination and (or) interpretation makes their research urgent for the purposes of understanding of the key conditionality of civil procedural law specialization in the Russian law system as providing them with the administration of justice and protection of rights in civil cases in compliance with their wide understanding when the right to judicial protection in the system of constitutional rights and freedoms constitutes a guarantee for all of them. This paper is the second in a series of three papers devoted to the problem of the right of access to court as the most important issue of dualism and interaction between material and civil procedural rights.

scholarly journals Procedural Independence of the Court: the Thorny Way from Communist Myths to the Objective Reality of Russian Justice

2019 ◽  
Vol 6 (1) ◽  
pp. 38-48
Author(s):  
Nikolay Nikolaevich Kovtun
Keyword(s):  
Russian Federation ◽  
Constitutional Principle ◽  
Current State ◽  
European Court ◽  
Administration Of Justice ◽  
Full Independence ◽  
The Russian Federation ◽  
The Law ◽  
The Right ◽  
Judicial Protection

In the context of substance and consequences of the constitutional principle of the court’s independence the author through the analysis of the final acts of judicial power (judicial precedents and acts of judicial interpretation of law, objectified as the resolution of the plenum) probes the current state of Russian justice alleged to be in whole has perceived and effectively implements the main elements of this fundamental idea. The author as the final conclusions of the consummated analysis on the contrary states the growing condition of legal uncertainty in the studied branch of state activity, the origins and real reasons of which, first of all, are in the apparent duality of legal positions and the final acts of the administration of justice on the same subject; in the full «independence» of a court in the administration of justice from the literal dictates of the law, acts of constitutional justice and acts of the European Court of human rights, the interpretative positions of the Plenum of the Supreme Court of the Russian Federation, from own rules-precedents which are designed to be the standards of application the law for conflict law situations. Above doesn’t agree with the essence and content of the idea of procedural independence of a court, but also clearly grades the fundamental and universally recognized idea of the supremacy of law, its certainty. Turning to the institution of judicial protection and justice as a constitutional function of a court, the parties initially have the right to depend on the legal nature of the activities of a court, normative base and, properly, predictability of the final acts of the administration of justice and not from factors of ideological, political, subjective nature which are taken to the attention of «independent», powerfully protected court. Only on this objective base interested parties will objectively perceive justice as a real and effective element of forming the legal state and civil society in 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.

scholarly journals INDICATIVE APPROACH IN THE EVALUATION OF THE IMPLEMENTATION OF THE CONSTITUTIONAL RIGHT TO JUDICIAL PROTECTION IN THE STATE LANGUAGES OF THE RF SUBJECTS

2019 ◽  
Vol 8 (6) ◽  
Author(s):  
Damir Kh. Valeev ◽  
Anas G. Nuriev ◽  
Rafael V. Shakirjanov
Keyword(s):  
Russian Federation ◽  
The State ◽  
Practical Implementation ◽  
Current State ◽  
Hand Signal ◽  
The Russian Federation ◽  
Civil Cases ◽  
Constitutional Right ◽  
The One ◽  
Judicial Protection

The implementation of the constitutional right to judicial protection is an important guarantee for participants in legal relations in case of violation of the rights of one of the parties or a threat of violation of the rights of participants in legal relations. Judicial protection is of particular relevance for the participants in legal relations, who do not speak the languages in which the administration of justice is carried out. Within the framework of this article, the authors analyze indicators that are designed to, on the one hand, signal on the current state and existing possibilities of implementing the constitutional right to judicial protection in the state languages of the subject of the Russian Federation (statistical function), and, on the other hand, determine growth drivers that can provide language guarantees for the territory of our state, which is defined as a democratic federal legal state according to Art. 1 of the Constitution of the Russian Federation. Within the framework of this article, three indicators are highlighted and analyzed: 1) existing legal potential for the implementation of the constitutional right to judicial protection in civil cases in the state languages of the republics within the Russian Federation; 2) analysis of the practical implementation of the opportunities currently available for the implementation of the constitutional right to judicial protection in civil cases in the state languages of the republics within the Russian Federation; 3) determination of growth points in the implementation of the constitutional right to judicial protection in civil cases in the state languages of the republics within the Russian Federation

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.

The Problem of the Right to Trial: The Theory and Practice of Dualism and Interaction between Substantive and Procedural Law

2021 ◽  
Vol 16 (12) ◽  
pp. 79-97
Author(s):  
E. E. Uksusova
Keyword(s):  
Theory And Practice ◽  
Regulation Mechanism ◽  
Legal Proceedings ◽  
Procedural Law ◽  
Legal Relationship ◽  
Civil Proceedings ◽  
Administration Of Justice ◽  
The Right ◽  
Judicial Protection

Continuing the study of specialization of Russian civil procedural law, the author, based on the invariable perspective of its action, namely: a standardized court procedure of civil proceedings in administration of justice in a certain civil case and protection of the right, dwells on certain issues of its structural and functional characteristics — classification of procedural norms, mechanism of procedural regulation, mechanism of procedural legal relationship, etc. Through the context of the principle of dispositiveness, when clarifying the scope of its action and content as the legal beginning of legal proceedings (its leading element is the right to trial leading to the interaction of substantive and procedural law in the course of judicial protection of the right), the author analyzes and reveals the content, substantiates connections and relations between various interdisciplinary phenomena of law (a claim, the right to claim, etc.). The latest jurisprudence illustrates the importance of the conceptual legal apparatus for the development of legal science, law and improvement of its implementation in the Russian legal order.

Standards of Fair Justice: Problems of Form and Content

2016 ◽  
Vol 4 (2) ◽  
pp. 0-0
Author(s):  
Михаил Пресняков ◽  
Mikhail Pryesnyakov
Keyword(s):  
Fair Trial ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Protection Of Human Rights ◽  
The Russian Federation ◽  
Failure To Protect ◽  
Judicial Procedure ◽  
The Right ◽  
Judicial Protection ◽  
International Instruments

The article discusses how the national legislation in the majority of democratic states and the universally recognized international instruments provide the right to a fair trial. The right to a fair trial guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, and a number of other international instruments, and the “right to judicial protection of constitutional rights and freedoms” in the interpretation of the Constitutional Court of the Russian Federation are compared. The author states that a fair judicial procedure is not always clearly entail a fair judgment. The problems of abuse of the right to judicial protection are discussed. It is concluded that the failure to protect an illusory or contrived rights can be an adequate means of countering the use of the right to judicial protection which is not in accordance with its intended purpose.

scholarly journals Principles of IP-Court Activity in Ukraine

2020 ◽  
Vol 89 (2) ◽  
pp. 116-123
Author(s):  
S. V. Volovyk
Keyword(s):  
Intellectual Property ◽  
Supreme Court ◽  
Freedom Of Speech ◽  
Judicial System ◽  
Administration Of Justice ◽  
The Supreme Court ◽  
Legal Document ◽  
Court Proceedings ◽  
The Right ◽  
Principle Of Legality

The principles of IP-court activity in Ukraine have been studied. It has been emphasized that the urgent issues currently are to review the existing approaches to reforming the judicial system of Ukraine, based on the gained experience of establishing specialized courts, defining principles as guidelines for the functioning of IP-court in Ukraine as the Higher Specialized Judicial System of Ukraine. The concept of “principles” and their classification have been defined. The author has noted the importance of international principles of court activity in Ukraine. The regulatory base of courts activity has been characterized, where the principles of functioning of courts and judges in Ukraine have been defined. The author has singled out such an international legal document as the Basic Principles of Judicial Agencies’ Independence, which enshrines the following principles of IP-court activity in Ukraine: the principle of judicial agencies’ independence; the principle of freedom of speech and associations; the principle of qualification, selection and training; the principle of professional secrecy and immunity. The category of “principles of IP-court activity in Ukraine” has been offered to understand as a set of guiding (fundamental) ideas, grounds, principles of operation and functioning of IP-court in Ukraine that ensure the proper administration of justice, respect for rights and fundamental freedoms during the trial and ensuring the right to a fair trial. The principles of the IP-court activity in Ukraine are as follows: 1) general and legal: the rule of law principle; the principle of observance of human rights and fundamental human and civil freedoms; the principle of legality; the principle of openness and transparency of court proceedings; the principle of political or other impartiality; the principle of reasonable terms; 2) special principles of IP-court activity in Ukraine: the principle of independence of judicial agencies; the principle of freedom of speech and associations; principle of qualification; the principle of professional secrecy. It has been concluded that enshrining the principles of operation and functioning of the Supreme Court on Intellectual Property Issues in the Law of Ukraine “On the Supreme Court on Intellectual Property Issues” will increase the efficiency of the judicial system of Ukraine and significantly affect the authority and prestige of IP-court in Ukraine.

ABOUT JUDICIAL DISCRETION AT CONSIDERING PERIOD DETERMINATION OF THE CASE BY COURT IN CIVIL PROCEEDINGS

2019 ◽  
pp. 89-98
Author(s):  
Aleksandr Dmitriyevich Zolotukhin ◽  
Lyudmila Anatolyevna Volchikhina
Keyword(s):  
Judicial Review ◽  
Judicial Discretion ◽  
Procedural Law ◽  
Civil Proceedings ◽  
Civil Cases ◽  
The Right ◽  
Judicial Protection ◽  
Proper Consideration

In civil proceedings, the legislator defines two conditions that ensure the process of judicial review and resolution of cases: the condition for proper consideration, resolution of civil cases and the condition for timely consideration and civil cases resolution. Proper consideration and resolution of cases involves compliance with the substantive and procedural law requirements. Timely consideration and resolution of cases involves compliance with the court terms of their consideration and resolution. Each of these conditions ensures the right of the persons concerned to judicial protection. Examining these conditions compliance process, we came to the conclusion that the fulfillment by the judge of the condition of compliance with the terms consideration and cases resolution for which he bears disciplinary responsibility, is achieved by his failure to meet the conditions of proper consideration and resolution of cases in terms of compliance with the procedural rules of their consideration and resolution, which entails violations of the right of interested persons to judicial protection. To solve this problem, we propose in civil proceedings to give the court the right to determine the period of consideration of the case at its discretion, based on the criteria of its reasonableness determined by the legislator.

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