scholarly journals Fundamentals of paperless court records management in the Russian Federation

2021 ◽  
Vol 3 ◽  
pp. 44-47
Author(s):  
R.G. Bikmiev ◽  
◽  
R.S. Burganov ◽  

The authors of the article, based on the analysis of the implemented and planned changes in court records management, as well as the opinions of process scientists and practitioners, propose to introduce the concept of paperlessness into scientific and business circulation. This concept implies the rejection of paper media in court proceedings due to their replacement with paperless ones. The advantages of paperlessness, the stages of transition to it and the types of documents, depending on how they are designed and used, are highlighted.

2021 ◽  
Vol 4 ◽  
pp. 43-46
Author(s):  
Natalya A. Nobel ◽  

The article discusses the need to keep the minutes of the court session when judges of courts of general jurisdiction are considering cases of administrative offenses, determining the person responsible for drawing up the specified document. The author argues the position that, despite the absence in the current legislation of the obligation to keep the minutes of the court session when the judges of the courts of general jurisdiction are considering cases of administrative offenses, the law enforcement practice testifies to the recording in certain cases of such court proceedings by protocol. In this regard, as part of the ongoing work on the development of the Procedural Code of the Russian Federation on Administrative Offenses, the article sets out the position on the need to determine cases of compulsory keeping the minutes of the court session, the possibility of audio recording, determining the legal status of the secretary of the court session, legislative consolidation of the possibility of filing comments on the minutes of the court session, the order of their consideration.


2021 ◽  
pp. 5-12
Author(s):  
Latysheva N. A. ◽  

Judicial record-keeping, which in its content refers to judicial activity of a security, auxiliary nature, received an impetus for its development in connection with the amendments to the 1993 Constitution of the Russian Federation that entered into force on July 4, 2020. The introduction of innovations, which will take place through the organizational, guiding activities of the bodies of the judicial community – the Council of Judges of the Russian Federation and the bodies of the judicial community in the constituent entities of the Russian Federation and the improvement of regulatory regulation by authorized entities will allow realizing the needs of society in a new quality of relations between the judiciary and citizens of the Russian Federation. The article substantively defines the problems of the development of normative regulation in the course of ensuring arbitration proceedings, organizing constitutional and legal judicial statistics, exercising the rights of citizens to use the national language in the process of conducting judicial proceedings. In connection with the findings, options are proposed for generating ideas in the field of organizational support of justice.


Legal Concept ◽  
2019 ◽  
pp. 26-30
Author(s):  
Nayra Abuzyarova

Introduction: the emergence of such freelancing as remote labor meant the beginning of the process of the flexible virtual law formation. “Cloud computing” is coming into life. There appear the concepts of “working in the cloud” only in the virtual (digital) space, so the government program “Digital economy in the Russian Federation” of July 28, 2017, No. 1632-P adopted in the framework of the Decree of the President of the Russian Federation of May 9, 2017 provided the need for the formation of a comprehensive legislative regulation of relations arising in connection with the digital economy development. At the same time, it is specifically noted that the labor market should be based on its requirements in order to create productive employment. Methods: the methodological framework for this study is the methods of scientific knowledge, among which the main ones are the methods of consistency, analysis and comparative law. Results: the paper is devoted to the existing problems of the legal regulation of digital technologies in labor relations for the expedient and empirical updating of many legal norms, from which in the future it will be possible to start, change and supplement it, adhering to a fundamental change in labor relations in order to develop non-standard and fruitful employment. Conclusions: as a result of the conducted research it is established that in the Russian Federation the labor legislation regulating the electronic legal employment relations is fragmented and does not contain all the elements of the legal regulation. There is a need for the legislation on archive business in electronic form, the widespread introduction of electronic employment contracts, which can serve as the basis for the electronic personnel records management. The labor legislation should contain the provisions on the equivalence of an electronic labor contract to a written form.


2018 ◽  
pp. 915-925
Author(s):  
Eduard L. Korshunov ◽  
◽  
Aleksandr I. Rupasov ◽  

The article reviews creation of the departmental archive of the National Commissariat of the Navy (1937) and its functioning to this day. ‘The Statute of the Branch of the Central Archive of the Ministry of Defense of the Russian Federation (Archive of Navy)’ was adopted on February 20, 2013. According to this document the Archive of Navy became a subdivision of the Central Archive of the Ministry of Defense, deployed separately and functioning independently. The departmental archive began its acquisition in September 1940. Satisfactory execution of functions by Archive was impeded by multiple changes in the structure of the Directorate of the Peoples’ Commissariat of the Navy, which complicated processing of documents entering the storage. Tasks of the Archive were reduced to the following: to control files condition and document destruction; to compile lists of documents with terms of their storage; to inspect the state of archiving in the Navy; to advise archives and records management offices of central directorates (departments) of the Peoples’ Commissariat of the Navy on formation and registration of files and their transfer to archive; to enter documents of the central directorates (departments) on storage; to track and safeguard documents. On the eve the Great Patriotic War transfer of document from fleet, flotillas, and naval bases was in its initial stage. The first months of the Great Patriotic War prompted evacuation of archival fonds from Moscow to Ulyanovsk (August 1941). By January 1945 these numbered 26550 files and 1234 bags of unsorted documents. At the end of war the Archive was relocated from Ulyanovsk to Leningrad, and then to Kronstadt (1947). In 1950s the Archive continued moving to new places — to Pushkin, to Leningrad, to Gatchina (1961). The fonds of the Archive store unique documents of the Peoples’ Commissariat and Ministry of the Navy, governing bodies under the Commander-In-Chief of the Navy, research establishments, Navy schools, river flotillas, materials on ships and submarines, air force, marines, coastal and anti-aircraft defense, rear, hydrographic, medical and sanitary, and other services. Of great interest for researchers are documents of the General Staff of the Navy.


Legal Concept ◽  
2021 ◽  
pp. 94-98
Author(s):  
Ekaterina Vavilova ◽  

Introduction: the paper discusses the study of the basic principles and methods of determining rental rates for the use of land owned by the state and municipal authorities. Despite the increasing trend of the privatization of state-owned land, its significant proportion is still under the state ownership. In this regard, a significant share of court proceedings in the Arbitration courts falls precisely on those disputes that relate to the determination of the procedure for establishing the rent of state-owned real estate in Russia. In this regard, the author set the goal – to study the problem of establishing the amount of the rent for the land held by tenants for housing after bringing into force Resolution of the Government of the Russian Government No. 582 of July 16, 2009 “On the basic principles of determining the rent for leases of land plots in the state or municipal ownership, and on the Rules for determining the amount of rent and the order of the conditions and terms of payment of rent for land in the ownership of the Russian Federation” (hereinafter – “Resolution No. 582”). Methods: the methodological framework for the study is a set of methods of scientific knowledge, among which the main one is the comparative law method, as well as the methods of systematization and analysis. Results: the author’s position grounded in the work is based on the analysis of the legislation and the opinions of the scientists expressed in the competent scientific community on the issue of establishing the basic rates for renting the state real estate. Conclusions: as a result of the study, the main principles of determining the rates for renting the state-owned real estate, as well as the procedure for determining them, were analyzed. It was established that the amount of rent for land plots that were provided to tenants for housing construction after the entry into force of Resolution No. 582 should not exceed 2 % of the cadastral value of such real estate.


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.


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