scholarly journals Judicial Procedure Terms in View of the Coronavirus Infection (Covid-19) Spread in the Russian Federation: Renewal, Suspension, Restoration Peculiarities

Russian judge ◽  
2021 ◽  
Vol 2 ◽  
pp. 7-11
Author(s):  
Elena A. Gnatko ◽  
◽  
Olga I. Marinenko ◽  
Keyword(s):  
Civil Rights ◽  
Supreme Court ◽  
Russian Federation ◽  
Complex Issue ◽  
The Supreme Court ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Judicial Procedure

The article discusses the complex issue of extending, suspending, restoring procedural terms in connection with the spread of coronavirus infection in the Russian Federation in the light of Review No. 1 of the Supreme Court of the Russian Federation dated April 21, 2020. It was concluded that the procedural deadlines missed in connection with the pandemic are not extended, but can only be restored by the court if there are valid reasons, to which the spread of Covid-19 does not apply; on the complexity of protecting constitutional and civil rights in courts by unsecured citizens who lost their jobs during the spread of coronavirus infection.

scholarly journals The Code of Administrative Proceedings of the Russian Federation: Five Years in Force

2020 ◽  
Vol 12 ◽  
pp. 43-46
Author(s):  
Rim O. Opalev ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Negative Attitude ◽  
Judicial Practice ◽  
The Supreme Court ◽  
History Of ◽  
Code Changes ◽  
The Russian Federation ◽  
Judicial Procedure ◽  
Administrative Proceedings

The paper is dedicated to the history of the Code of administrative judicial procedure of the Russian Federation and to main characteristics of this Code. The author deals with reasons of negative attitude to enacting of the Code, changes in this field as well as the efforts of the Supreme Court of the Russian Federation towards development of the Code and relevant judicial practice. The author makes attempt to emphasize the most significant characteristics of modern administrative justice reflected in the Code of administrative judicial procedure of the Russian Federation and to describe them briefly. The author’s conclusion relies on author’s previous comparative research works and analytic of the Supreme Court of the Russian Federation. The author also draw attention to some perspectives of development of the Code.

scholarly journals Features of informatization of the criminal process in the context of the pandemic: New challenges

2021 ◽  
Vol 12 (3) ◽  
pp. 544-554
Author(s):  
Evgenii V. Smakhtin ◽  
◽  
Irina G. Smirnova ◽  
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Information Technologies ◽  
Criminal Procedure ◽  
Digital Data ◽  
Law Enforcement Agencies ◽  
The Supreme Court ◽  
Coronavirus Infection ◽  
The Russian Federation

The article analyses the features of the application of the current criminal procedural legislation in practice in the context of the new coronavirus infection (COVID-19) after recognizing it as a disease that poses a danger to others, the Decree of the Presidium of the Supreme Court of the Russian Federation of April 08, 2020 and Reviews on certain issues of judicial practice related to the application of legislation and measures to counter the spread of the new coronavirus infection in the Russian Federation of April 21, 2020 and April 30, 2020. However, the difficulties that have arisen in law enforcement practice, also assessed in the article, indicate that criminal procedural legislation will be adjusted in the near future since the number of Decisions of the Presidium and the Plenum of the Supreme Court of the Russian Federation are not sufficient to eliminate ambiguities and contradictions in the Code of Criminal Procedure of the Russian Federation. In particular, the article reflects such key problems as the emerging system of procedural decisions at the pre-trial and trial stages in a pandemic, the possibility of considering not only criminal cases but also case materials using videoconferencing systems as well as the prevailing and optimal understanding by law enforcement agencies of the category “urgency” of such consideration. The authors pay special attention to the absence in the Code of Criminal Procedure of the Russian Federation of the concepts introduced by paragraph “m” Art. 7 of the Constitution of the Russian Federation such as “information technologies” and “digital data turnover”. The results of the study make it possible to formulate proposals for improving criminal procedural regulation in terms of the described problems.

scholarly journals Legal liability in the mechanism of countering current threats to national security: a novel coronavirus infection

2021 ◽  
pp. 25-35
Author(s):  
Dmitriy Anatol'evich Lipinsky ◽  
Nikolai Vladimirovich Makareiko ◽  
Ivan Evgen'evich Popov
Keyword(s):  
Supreme Court ◽  
National Security ◽  
Russian Federation ◽  
Criminal Liability ◽  
Legal Liability ◽  
The Supreme Court ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government ◽  
Novel Coronavirus

  The object of this research is the legal liability relations aimed at countering current threat to national security in form of coronavirus infection. The authors review the amendments introduced to the legislation on administrative offenses and criminal legislation, which establish liability in the area of ensuring sanitary and epidemiological wellbeing of the population. Emphasis is placed on the fact that it resulted in a number of legal conflicts that have not been overcome through the ruling of the Supreme Court of the Russian Federation and require legislative resolution. The article examines the practice of implementation of administrative enforcement measures in countering coronavirus infection, as well as the resulting competition for administrative, preventive, procedural, liability and protection measures. It is indicated that the high dynamics of threats to national security justifies the need for the development and legislative consolidation of the effective mechanism that would ensure national security. In this mechanism, a significant role is played by legal liability capacity, primarily such public law types as administrative and criminal liability. The research reveals that the rapid response of the legislator to the threat to national security in form of a novel coronavirus infection via reforming the institutions of administrative and criminal liability generated certain conflicts. They have not been resolved through the ruling of the Supreme Court of the Russian Federation and require additional legislative attention. The authors substantiate that by acknowledging the role and importance of administrative and criminal liability within the mechanism of ensuring national security, it should be taken into account that they are means of post-unlawful response of the government. Therefore, it is necessary to enhance the measures aimed at preventing and countering threats to national security, including those caused by coronavirus pandemic.  

scholarly journals REVIEW OF LEGAL POSITIONS OF THE SUPREME COURT OF THE RUSSIAN FEDERATION FOR 2015-2020 ON THE APPLICATION OF THE PROVISIONS OF THE CIVIL CODE OF THE RUSSIAN FEDERATION ON THE INVALIDITY OF TRANSACTIONS AND ON THE PROHIBITION OF ABUSE OF RIGHTS

2020 ◽  
pp. 7-15
Author(s):  
Ольга Георгиевна Барткова
Keyword(s):  
Civil Rights ◽  
Supreme Court ◽  
Russian Federation ◽  
Civil Code ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
The Right ◽  
Relationship Of ◽  
The Relationship

В статье исследуется содержание положений основных Постановлений Пленума Верховного Суда РФ, а также обзоров судебной практики, утверждённых Президиумом Верховного Суда РФ, которые относятся к порядку применения ст. 168 во взаимосвязи со ст. 10 ГК РФ. Обосновывается вывод о том, что злоупотребление правом отнесено законом к числу самостоятельных оснований для признания сделки недействительной. Приведены и проанализированы примеры споров, иллюстрирующие взаимосвязь норм о недействительных (ничтожных) сделках с институтом «пределы осуществления гражданских прав», с основными началами гражданского законодательства. The article examines the content of the provisions of the main Resolutions of the Plenums of the Supreme Court of the Russian Federation, as well as reviews of judicial practice, approved by the Presidium of the Supreme Court of the Russian Federation, which relate to the procedure for applying Art. 168, Art. 170 of the Civil Code of the Russian Federation in conjunction with Art. 10 of the Civil Code of the Russian Federation. The conclusion is substantiated that abuse of the right is attributed by law to the number of independent grounds for recognizing the transaction as invalid. The examples of disputes are presented and analyzed, illustrating the relationship of the norms on invalid (void) transactions with the institution of «limits of the exercise of civil rights», with the basic principles of civil legislation.

Features of the election of such preventive measure as house arrest in relation to minors

2020 ◽  
Vol 2020 (2) ◽  
pp. 153-157
Author(s):  
Ekaterina Manohina
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Preventive Measures ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
House Arrest ◽  
The Supreme Court ◽  
The Russian Federation ◽  
A Minor

In the article, the author turns to the study of the peculiarities of choosing such a preventive measure as house arrest for minors. Due to the fact that the Code of Criminal Procedure of the Russian Federation does not precisely define cases when a court must elect a house arrest in relation to minors, in practice there are often difficulties in which cases to choose such a preventive measure as detention, and in which house arrest. In the work, the author attempts to determine the essence of such a preventive measure as house arrest and the peculiarities of his election in relation to minors, and also considers the prohibitions and (or) restrictions to which minors cannot be subjected. The positions contained in the resolution of the Plenum of the Supreme Court “On the practice of the application by the courts of legislation on preventive measures in the form of detention, house arrest and bail” are analyzed. The author expresses the opinion that it is inadvisable to choose such a preventive measure as house arrest for minors. Based on the study, the author makes recommendations on the possibility, at the discretion of the court, to make adjustments to the prohibitions and (or) restrictions to which a minor suspect or accused will be subjected to whom such a preventive measure as house arrest is chosen.

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