scholarly journals The Problem of Judicial Discretion in Declaration of Evidence Falsity by a Party as a Hindrance to Fulfillment of Tasks of Judicial Proceedings in a Civil Procedure

2021 ◽  
Vol 2 ◽  
pp. 17-21
Author(s):  
Anastasia S. Strazheva ◽  
Keyword(s):  
Law Enforcement ◽  
Civil Procedure ◽  
Judicial Discretion ◽  
Law Enforcement Agencies ◽  
Legal Proceedings ◽  
Civil Process ◽  
The Supreme Court ◽  
Judicial Proceedings ◽  
The Russian Federation ◽  
New Evidence

Judicial discretion at the statement of the party about falsity of the proof is considered as the problem creating obstacles to achievement of objectives of legal proceedings in civil process. Ways of its resolution are offered: establishing in the legislation or Resolution of the Plenum of the Supreme court of the court’s obligation to appoint an examination or offer the parties to submit other evidence when a party claims that the evidence is false, only if the suspected evidence confirms or refutes a fact that is relevant to the case, but in fact at the time of filing such an application there is no evidence directly confirming or refuting this fact; establishing liability in the form of a fine on the party that did not substantiate the statement of fraud; addition of the article of the civil procedure code of the Russian Federation on the statement of falsification of evidence, the rule on sending information about it to law enforcement agencies in necessary cases, when establishing the falsification of evidence; revision for newly discovered circumstances when providing new evidence, when evidence showing a lie appeared after the decision entered into legal force (through implementation by official interpretation).

scholarly journals From the Rejection of Court Disqualification to the Change of the Territorial Jurisdiction

2021 ◽  
pp. 22-26
Author(s):  
Antonina S. Taran ◽  
Keyword(s):  
Law Enforcement ◽  
Recent Change ◽  
Law Enforcement Agencies ◽  
High Position ◽  
Territorial Jurisdiction ◽  
Procedure Code ◽  
The Supreme Court ◽  
The Status ◽  
Cast Doubt ◽  
The Russian Federation

The author refers to the institution of rejection as one of the most important guarantees of the independence of judges. The relevance of this research is due to the need to study and demonstrate the mechanism of influence of the ECHR decisions on Russian legislation and law enforcement practice. The article tracks the recent change in the position of the Supreme Court of the Russian Federation on the issue of rejection judges due to the special status of the person whose interests are affected by the criminal case under consideration/. In particular, it can be the status of a judge, a high position in law enforcement agencies and so on. The specificity of this rejection is to extend to the entire composition of the court, which makes it necessary to change the territorial jurisdiction. The author concludes that the fixing in part 1 of art. 35 of the Criminal procedure code of such a reason change territorial jurisdiction, as «the existence of circumstances that may cast doubt on the objectivity and impartiality of the court» has not eliminated entirely the need for use of the institution of rejection.

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 CERTAINTY AS AN EVALUATIVE CATEGORY IN CIVIL PROCEEDINGS

2020 ◽  
pp. 3-7
Author(s):  
M.A. Bolovnev ◽  
I.V. Rekhtina
Keyword(s):  
Law Enforcement ◽  
Civil Procedure ◽  
Judicial Discretion ◽  
Legal Certainty ◽  
Legal Proceedings ◽  
Effective Implementation ◽  
Judicial Practice ◽  
Civil Proceedings ◽  
Subsequent Application ◽  
Judicial Protection

The article explores the effect of the legal certainty of civil procedure legislation and its application onthe creation of appropriate conditions for the effective implementation of justice. It is stressed that the lack of legal certainty, namely, its opposite — legal “uncertainty,” creates both legislative conflicts and, even moresignificantly, law enforcement problems, which significantly reduce the accessibility of justice to personsin need of judicial protection. The courts used different procedural rules, using a formalistic approach,jeopardizing the delivery of a lawful and justified judicial act. In order to overcome the state of legaluncertainty and, as a result, to improve the efficiency of legal proceedings, it is necessary to use techniquesof legal technique that do not lead to the emergence of causal rules of law. The model of the most generalrules is capable of being applicable to any emerging procedural situation, taking into account systemic andtargeted modes of interpretation. It is this approach to the construction of the system of legislation, togetherwith the subsequent application of the rules on the basis of internal conviction and judicial discretion, thatwill ensure the unity of judicial practice.

scholarly journals Problems of Legal Certainty and Judicial Discretion when Applying Legal Provisions on Abuse of Right

Russian judge ◽  
2020 ◽  
Vol 10 ◽  
pp. 46-50
Author(s):  
Egor Y. Usoltsev ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Civil Law ◽  
Judicial Discretion ◽  
Legal Certainty ◽  
Research Attention ◽  
Legal Provisions ◽  
The Supreme Court ◽  
The Russian Federation

This article is devoted simultaneously to several problems of civil law: abuse of right, judicial discretion, legal strength and certainty, each of them deserves separate research attention. At the same time, the author considers them together, since the concept of abuse of right is evaluative, and, as it is known, such concepts always pose a danger to legal certainty, since they do not contain all the features of the phenomena described by them, so their application is possible only within the framework of broad judicial discretion. And here one of the most difficult questions of jurisprudence appears: what are the limits of such discretion, the decision of which largely depends on the correctness of the courts’ qualification of the subject’s actions as malicious law enforcement. At first glance, it turns out to be a vicious circle! However, the author comes to an unexpected conclusion that the activity of the Supreme court of the Russian Federation, whose decisions often play the role of judicial precedents, regulates the process of applying the rules on abuse of right and thereby provides legal certainty.

scholarly journals Criminal Law Sanctions and the Practice of Their Implementation in Counteracting Some Crimes of Corruption

2021 ◽  
Vol 15 (5) ◽  
pp. 543-554
Author(s):  
Boris Gavrilov ◽  
Evgeniya Rogova
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Organizational Management ◽  
Judicial Discretion ◽  
Existing Problems ◽  
The Supreme Court ◽  
Current Article ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
Economic Crimes

When analyzing the problem of counteracting crimes with a corruption component, specialists single out different areas: criminological, victimological, criminal prevention, organizational-management, etc. The authors of the article focus on such criminal law area as the application of criminal law sanctions and their effectiveness in counteracting some most common types of crimes of corruption. This topic is of much interest because the introduction of amendments into criminal legislation in 2003–2011 and later years that eliminated the minimum punishment of incarceration or fine for a considerable number of norms, the lack of coordination between specific types of punishment, and a number of other factors created conditions for a rather wide and often unjustified use of judicial discretion when determining punishment for crimes of corruption, which led both the research community and the practicing lawyers to believe that the criminal law itself contains a corruption component. The abovementioned factors, together with the task of liberalizing criminal legislation on economic crimes set by the country’s leadership, demand a simultaneous improvement of the effectiveness of criminal law measures used for the category of unlawful actions under discussion. Taking into consideration the analysis of criminal law sanctions for specific types of crimes of corruption, the existing court practice of awarding criminal sentences for them, and the statistical data of the Court Department of the Supreme Court of the Russian Federation, it is necessary to draw attention of court authorities and lawmakers to the existing problems both in the legislative content of criminal law sanctions and in their implementation; their essence is outlined in the current article. The choice of the types of crimes of corruption, the criminal law sanctions for which are analyzed in the article, is not accidental and is justified by their prevalence in the practice of law enforcement.

Remote Proceedings in the Supreme Court of the Russian Federation

2020 ◽  
Vol 2 (3) ◽  
pp. 100-118
Author(s):  
A. S. German ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Theoretical Basis ◽  
Information Technologies ◽  
Systematic Approach ◽  
Systematic Analysis ◽  
Social Distancing ◽  
Legal Proceedings ◽  
The Supreme Court ◽  
The Russian Federation

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.

scholarly journals Genesis of establishment and development of the judicial system of the Russian Federation in the late XX – early XXI centuries: institutional and normative characteristics

2021 ◽  
pp. 26-36
Author(s):  
Valentina Mikhailovna Bol'shakova
Keyword(s):  
Soviet Union ◽  
Russian Federation ◽  
Federal Courts ◽  
Judicial System ◽  
Constitutional Court ◽  
The Soviet Union ◽  
The Supreme Court ◽  
Judicial Proceedings ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the evolution of the structure of judicial system of the Russian Federation in the late XX – early XXI centuries. Description is given to the changes undergone by the Russian judicial system after dissolution of the Soviet Union. The author follows the dynamics of the normative legal changes that regulate judicial proceedings, as well as reveals the institutional framework of the modern structure of judicial system of the Russian Federation. The article illustrates the institutional and normative changes within the structure of judicial system of the Russian Federation in the late XX – early XXI centuries based on application of the comparative-legal and systemic methods of research. The novelty and the main conclusions lie in the following: it is established that the Russian Federation has issued the normative legal acts that contribute to the strengthening and unification of the Russian judicial system, uniformity of social guarantees and compensations set for judges. Currently, the judicial system of the Russian Federation is founded on the principle of combining administrative-territorial and district organization. It is determined that the judicial system of the Russian Federation consists of 1) the Constitutional Court of the Russian Federation; 2) the Supreme Court of the Russian Federation; 3) federal courts of general jurisdiction; 4) arbitration courts; 5) magistrates’ courts of the constituent entities of the Russian Federation. It is noted that since January 1, 2023, the Constitutional (statutory) courts of the constituent entities of the Russian Federation will be abolished.

scholarly journals WAYS AND METHODS OF IMPROVING FORENSIC ACTIVITIES

2020 ◽  
pp. 108-120
Author(s):  
О. Zherebko
Keyword(s):  
Law Enforcement ◽  
Best Practices ◽  
Comprehensive Analysis ◽  
Automated Systems ◽  
Law Enforcement Agencies ◽  
Legal Proceedings ◽  
Research Activities ◽  
Organizational Work ◽  
Internal Affairs ◽  
Forensic Tools

The article analyzes forensic activity as one of the forms of activity in the field of legal proceedings. A comprehensive analysis of forensic activity has allowed formulating a number of proposals regarding ways and means of improving it. Ways of improving forensic activities have been identified and proposed: increasing the level of technical and forensic support for the disclosure, investigation and prevention of crimes; implementation of measures to increase the effectiveness of the participation of specialists of expert services in conducting investigative actions and operational-search measures. There is also indicated on improving research activities and introducing into practice new technical and forensic tools, forensic methods and techniques. Conducting forensic records, analytical and organizational work based on the introduction of modern automated systems and technologies; synthesis and dissemination of best practices and analysis of expert practice; improving the selection, training and placement of employees of expert units, strengthening official and executive discipline. Intensification of interaction between the expert services of the Ministry of Internal Affairs with other departments of the internal affairs bodies, as well as with other law enforcement agencies, including at the interstate level is described.

SECURING EVIDENCE IN CIVIL PROCEDURE: DEVELOPMENT OF THEORY, LEGISLATIVE AND PRACTICE

2021 ◽  
Vol 11 (5) ◽  
pp. 159-190
Author(s):  
E.I. NOSYREVA ◽  
D.G. FILCHENKO
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Point Of View ◽  
Theoretical Concepts ◽  
Civil Process ◽  
Procedure Code ◽  
Arbitration Procedure ◽  
The Russian Federation ◽  
Assessment Of Evidence

The article presents an analysis of the institution of securing evidence in the civil process from the point of view of the development of its legal regulation, doctrine and practice. The teaching of professor M.K. Treushnikov on the evidence is taken as a basis. Through the prism of his ideas, theoretical concepts of securing evidence are revealed, from prerevolutionary works to modern research; the sequence of the formation of norms on the securing evidence on the example of procedural codes of various periods; trends in the law practice of securing evidence. The correlation of the securing evidence with the elements of the judicial proof is revealed. It is substantiated that the securing evidence includes such elements of the structure of judicial proof as: indication of facts, indication of evidence and preliminary assessment. The end result of the procedural action to secure evidence is the possibility of implementing all subsequent elements – presentation, disclosure, investigation and final assessment of evidence. Conclusions are formulated on the results of the development of the institution of securing evidence, which from rather brief and obvious provisions of procedural legislation, a few practice has turned into an actual procedural activity. Its demand is predicted to grow in the context of digitalization of information, as well as due to the possibility of using it in the framework of arbitration. At the same time, an increase in the number of cases of unfounded appeal of interested parties to actions to secure evidence is noted. The authors support a critical assessment of the rule of the Arbitration Procedure Code of the Russian Federation that the securing evidence is carried out by the arbitration court according to the rules for securing a claim, and a proposal for a unified regulation of this institution in accordance with the rules of the Civil Procedure Code of the Russian Federation.

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