scholarly journals The second cassation in the arbitration proceedings: The genesis, results of the procedural activity and prospects for uniformity of judicial and arbitration practice

2021 ◽  
Vol 25 (2) ◽  
pp. 434-460
Author(s):  
Sergey V. Nikitin ◽  
Malkhaz Sh. Patsatsiya
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Synthesis System ◽  
Scientific Methods ◽  
Arbitration Process ◽  
Scientific Analysis ◽  
The Supreme Court ◽  
General Scientific ◽  
The Russian Federation ◽  
Statistical Indicators

The article considers relevant issues on the topic of the Genesis and results of the procedural activity of the Judicial Board for economic disputes of the Supreme Court of the Russian Federation as the second cassation instance. Taking into account, on one hand, the relative recency of this court in the arbitration process, and the significance of its role in the aspect of ensuring uniformity of judicial and arbitration practice on the other, this may prove to be of certain importance. The authors aim to summarize and analyze the judicial and statistical indicators of the second cassation for the 2015-2019 period. The methodological basis of the article consists of general scientific (analysis, analogy, description, synthesis, system-oriented) and private scientific methods (statistical, comparative legal, formal legal). Based on the results of the study, the main trends and problems of the second cassation review of judicial acts on economic disputes are identified. Based on the analysis of statistical indicators of cassation activity, the authors come to the conclusion that it is necessary to modernize the structure and functioning of the second cassation instance and increase its role in ensuring uniformity of judicial and arbitration practice. In conclusion, generalized proposals aimed at improvement of the efficiency of the second cassation instance are formulated. The study was conducted on the basis of judicial statistics published on the website of The Judicial Department of the Supreme Court of the Russian Federation.

scholarly journals On jurisdiction in case of extradition of a foreign citizen by the Russian Federation: the problems of theory and law enforcement practice

2021 ◽  
pp. 27-35
Author(s):  
Alexander Fedyunin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Scientific Methods ◽  
Scientific Analysis ◽  
Criminal Procedure Law ◽  
General Scientific ◽  
The Russian Federation ◽  
Specific Regulation

The subject of this research is the issues emerging in consideration of jurisdiction of the material on extradition of a foreign citizen by the Russian Federation. The article touches upon the peculiarities of national and territorial aspect of jurisdiction, and its specific regulation in the criminal procedure law. The article employs the general scientific and private scientific methods, such as scientific analysis, generalization, comparative-legal, formal-logical, which allowed to most fully reflect the essence and problematic aspects of the selected topic. The question at hand is of major importance for the theory of criminal procedure and law enforcement practice, as the mistakes in determination of jurisdiction of the material are a severe violation of the rights, including the convict, and entail the unconditional annulment of court decision. The analysis of the most common mistakes occurred in application of the norms regulating the jurisdiction of extradition of a foreign citizen convicted by the court of the Russian Federation, as well as theoretical issues associated with determination of the court that deals with the particular issue allows outlining the vector and finding solution to the indicated problems.

scholarly journals Conditions of realization of regional civil servants’ rights on pension provision

2018 ◽  
Vol 2 (3) ◽  
pp. 64-71
Author(s):  
M. Dityatkovskiy ◽  
I. Tretyak
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Civil Servants ◽  
Scientific Methods ◽  
Constitutional Principle ◽  
Judicial Practice ◽  
Official Position ◽  
The Supreme Court ◽  
The Russian Federation ◽  
State Pension

The subject of the paper is civil servants’ right on pension provision and realization of this right in Russian regions.The purpose of the paper is to check the constitutionality and legality of limits to this right. Some limits were imposed by the court practice of the Supreme Court of the Russian Fe- deration.The methodology. General scientific methods as analysis, synthesis, induction, deduction, comparison were used. The authors also use the formal legal interpretation of judicial decisions of the Supreme Court of the Russian Federation, concerning pension rights of public servants.The main results and scope of their application. The principle of budget balance is very relevant for the Russian Federation and is crucial in the system of public administration. But different courts’ approaches to the protection of the rights of citizens depending on their official position and social affiliation means a violation of the constitutional principle of equality of rights, infringe the rights of civil servants to state pension provision. The results of research may be used as the basis of correction of judicial practice of the Supreme Court of the Russian Federation and legislation concerning pension rights of public servants.Conclusions. Deprivation of rights to receive a pension when there is an absence of the region's necessary budget funds leads to unjustified differences in the implementation of this right in relation to civil servants in certain regions of the Russian Federation. The con-stitutional principle of equality of citizens' rights should always be taken into account by the courts when considering the most important cases related to the establishment of social support measures for certain categories of citizens.

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.

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.

Theft and Fraud Committed Using Electronic Payment Systems (Regional Judicial and Investigative Practice)

2020 ◽  
Vol 2 ◽  
pp. 66-79
Author(s):  
S. L. Morozov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Analysis ◽  
Payment Systems ◽  
Criminal Cases ◽  
Electronic Payments ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The advent of the electronic currency and the effecting of electronic payments has caused new forms of thefts and types of acquisitive crimes. The judicial investigative practice of criminal cases of embezzlement committed using bank cards and other types of electronic payments has encountered problems with the qualification of such acts. The author identifies the most common enforcement problemsand their causesby a retrospective study of judicial practice, the changing norms of the criminal law. At the same time, a ten-year period of work of the judicial investigating authorities was studied. On the basis of traditional general scientific methods of cognition, as a result of a system-legal analysis of the considered set of specific situations, the author gives an author's view of the complex of causes that cause a lack of uniformity in judicial investigative practice. Using the hermeneutic approach, the author paid special attention to the application by the courts of the interpretation of the criminal law by the Plenum of the Supreme Court of the Russian Federation in different years. In conclusion, ways of resolving contentious issues of qualification of thefts and fraud in the field of electronic means of payment are proposed. It has been ascertained that high-quality and uniform law enforcement can provide additional clarification on the delimitation of related and competing theft from the Plenum of the Supreme Court of the Russian Federation. It is concluded that in general, the current concept of the Plenum of the Supreme Court of the Russian Federation does not contain contradictions with the novels of the criminal law, but can be improved. The rationale and edition of possible additions to the relevant decision of the Plenum of the Supreme Court of the Russian Federation are given.

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