ARBITRATION PROBLEMS IN THE RUSSIAN FEDERATION: JUDICIAL CONTROL AND ENGLISH LAW. THE VIEW OF A PRACTICAL

2021 ◽  
Vol 11 (1) ◽  
pp. 191-207
Author(s):  
Yu.E. MONASTYRSKY
Keyword(s):  
Russian Federation ◽  
Judicial System ◽  
Independent Basis ◽  
Judicial Control ◽  
National Market ◽  
Or Groups ◽  
Good Potential ◽  
The Russian Federation ◽  
English Law ◽  
Economic Nature

This article sets out the author’s vision of the role, reasons for ineffective interaction between arbitration and the judicial system in the Russian Federation. It provides relevant eloquent statistics, reveals the essence of the negative factor affecting the national market of legal services. The article argues the thoughts and recommendations for correcting the current situation. In 2016, there was an arbitration reform in the Russian Federation, with the objective of creating the arbitration centers corresponding to the world standards, not in a declarative order, as before, but in a permissive procedure. More than two thousand centers were removed from the market, most of which did not act on an independent basis, but as a tool in corporate wars or administrative subordination within holdings or groups of companies. The five new arbitration centers that have received certification have good potential for the development of arbitration in the Russian Federation. However, the number of disputes heard by these arbitration courts is extremely small. It is 0.1% of all civil cases of an economic nature, considered by state courts. The reason for this is the crusty way of thinking of judges, who still do not trust arbitration, and the rigidity of our judicial system. This article attempts to provide information on the English law products and its influence. Critical judgments are expressed about the merits of English law in disputes related to Russian assets.

The Role of the Conclusions of the Council of Judges of the Russian Federation in the Prevention of the Emergence and Development of Conflicts of Legal Interests in the Judicial System of Russia

2020 ◽  
Vol 12 ◽  
pp. 56-66
Author(s):  
E. V. Ryabtseva ◽  
Keyword(s):  
Russian Federation ◽  
Judicial System ◽  
Structural Elements ◽  
Consistent System ◽  
Optimal Behavior ◽  
Regulatory Impact ◽  
The Russian Federation ◽  
The Impact ◽  
Individual Regulation

The growing role of the judicial community in reforming the judicial system actualizes the scientific problems of law enforcement associated with understanding the essence of the regulatory impact of the Councils of Judges of the Russian Federation as a body of the judicial community to prevent the emergence of conflicts of legal interests in judicial activity. The purpose of the research is to theoretically substantiate the essence of individual regulation of conflicts of legal interests by the Council of Judges of the Russian Federation, aimed at optimizing its activities to combat corruption. The worldview and methodological basis were the works of theoretical scholars and their methods of integrative understanding of law to substantiate the impact of the Council of Judges of the Russian Federation on judicial activity through individual regulation. The conclusion is substantiated that the activities of the Commission of the Council of Judges of the Russian Federation on Ethics, related to the drawing up of opinions on the assessment of conflicts of legal interests and other corruption risks for both acting judges and retired judges, is an individual regulation of legal relations through: interpretation of law; overcoming gaps and conflicts in the law; individuali zation of rights, etc. The content of the interpretation of law by the Commission of the Council of Judges of the Russian Federation on Ethics is: the application of certain norms of both international and national law in a specific legal relationship when assessing conflicts of legal interests among judges through a systematic interpretation of the norms of law as a system of elements, defining its role in law, identifying other norms, as well as the principles of law; interpretation of the principles and norms of law, through the legal-logical interpretation of a normative act as logically interconnected structural elements of a single, internally agreed and consistent system of principles and norms of law, when deciding on the presence of conflicts of legal interests in the activities of judges, etc. The paper substantiates that in relation to conflicts of legal interests, individualization should be aimed at determining by the Council of Judges of the Russian Federation typical situations of such conflicts for their correct assessment and development of recommendations related to the optimal behavior of judges, when circumstances arise that lead to conflicts of legal interests.

scholarly journals PRINCIPLES OF FORMATION OF SOCIAL RESPONSIBILITY AT STUDENTS OF LEGAL UNIVERSITY DURING LESSON SAFETY LESSONS

2020 ◽  
Vol 8 (5(74)) ◽  
pp. 27-30
Author(s):  
E.V. Kireev ◽  
A.E. Kuznecova
Keyword(s):  
Social Responsibility ◽  
Research Methods ◽  
Russian Federation ◽  
Teaching Practice ◽  
Practical Importance ◽  
Law Students ◽  
Judicial System ◽  
The Russian Federation ◽  
Analysis Of Teaching

The article is devoted to the problems of the formation of social responsibility among law students in the process of studying the discipline "Life Safety". Its purpose is to consider the principles offormation of social responsibility, guided by which it is possible to more effectively solve the problems of educating future specialists of the judicial system of the Russian Federation, to determine certain forms and methods of influencing students. Therelevance of the topic of the article is obvious. It allows you to focus on a problem of important theoretical and practical importance. The author used both traditional and modern research methods used in the analysis of teaching practice in a university. He gives some recommendations on the formation of social responsibility among students during the classes, which will undoubtedly affect the improvement of the quality of future lawyers. The article is addressed to the faculty of universities, theorists and practitioners involved in pedagogical activities and will be useful to teachers, as well as to all who are involved in the training of future specialists

scholarly journals Jurisdictional Control in the Sphere of Public Health Protection in the Russian Federation

2020 ◽  
Vol 13 (2) ◽  
pp. 123-152
Author(s):  
Sergey Victorovich Potapenko ◽  
Evgeniy Borisovich Luparev
Keyword(s):  
Public Health ◽  
Russian Federation ◽  
Active Form ◽  
Health Protection ◽  
Judicial Control ◽  
Administrative Practice ◽  
The Russian Federation ◽  
Jurisdictional Control ◽  
Judicial Procedure ◽  
Public Health Protection

The article is devoted to the issues of mandatory judicial control over acts of subjects endowed with state powers in the field of medical activity. In particular, we consider the judicial and administrative practice of resolving administrative legal disputes in connection with instituting administrative action in the field of public health protection. The current Code of Administrative Judicial Procedure (CAJP) of the Russian Federation combines the legal procedures previously included in separate regulatory acts for judicial control in the mandatory treatment of people suffering from mental illness, the active form of tuberculosis, as well as other diseases, the list of which remains open.

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 The Use of Modern Information Technology in Judicial Review of Complaints in Pre-Trial Proceedings

2021 ◽  
Vol 1 ◽  
pp. 20-24
Author(s):  
Elvira R. Mirgorodskaya ◽  
Keyword(s):  
Information Technology ◽  
Public Relations ◽  
Russian Federation ◽  
Automated System ◽  
Practical Significance ◽  
Access To Justice ◽  
Judicial Control ◽  
Modern Information Technology ◽  
The Russian Federation ◽  
Modern Information

This article is devoted to the topical issue of the institution of judicial control — ensuring the right to access to justice in the context of digitalization of public relations. According to the analysis of the statistical data of the Judicial Department of the Russian Federation, on the lion’s share of complaints (about 70%) accepted for proceedings, decisions are made to terminate proceedings on various grounds, and only a third of the complaints are decided to satisfy or refuse to satisfy the complaint. The author has analyzed the main reasons for the termination of the proceedings on the complaint, taking into account the existing current judicial practice. The practical significance of the work lies in the availability of proposals for resolving existing problems that are practically oriented towards the judicial system, taking into account the use of modern information technology of the state automated system «Justice» and video conferencing systems. In order to improve judicial control in pre-trial proceedings, the author’s vision of making changes at the legislative level was formulated by amending Part 2 of Art. 125 of the Criminal Procedure Code of 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.

scholarly journals THE FORECLOSURE ON THE ONLY CITIZEN’S HOUSING IN BANKRUPTCY CASE

2020 ◽  
Vol 17 (1) ◽  
pp. 69-81
Author(s):  
Veronika Kolbina ◽  
Elena Nevzgodina
Keyword(s):  
Russian Federation ◽  
Social Situation ◽  
Judicial Control ◽  
Judicial Practice ◽  
Current State ◽  
Scientific Analysis ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
Russian Law ◽  
Constitutional Right

Introduction. The article is devoted to the study of possibility and conditions of the foreclosure on the only housing in the citizen bankruptcy case and the need to improve Russian legislation that regulates these relations. Purpose. The purpose of the article is to analyze the current state of the problem of the foreclosure on the only housing in the citizen bankruptcy case, to identify deficiencies of the legislation that regulates these relations, taking into account the need to achieve a balance of citizens right to be provided with housing and his creditors rights, conscientiously interested in the most complete satisfaction of their requirements in bankruptcy case and suggest the improvement of these legislation. Methodology. To achieve the purpose both general and private scientific research methods were used, in particular, methods of scientific analysis and synthesis, induction and deduction, functional and systemic methods, formal legal and comparative legal methods, methods of interpretation of law and legal forecasting. Results. Higher courts of the Russian Federation recognized the possibility of derogating from the maxim on the inadmissibility of the foreclosure on the only housing established by the Civil Procedure Code of the Russian Federation. This requires introducing into Russian law a mechanism of the foreclosure on the only housing, which allows protecting the rights of creditors and, at the same time, preserving sufficient guarantees of the citizen’s right to housing. Conclusion. Despite the relevance of the foreclosure on the only housing, it should be recognized that the corresponding task is not easy to solve. However, in judicial practice (especially in bankruptcy cases) there has been a tendency to deviate from the idea of comprehensive executive immunity in relation to a single dwelling, which will inevitably be reflected in the current procedural and bankruptcy laws. At the same time, any regulation of these relations should presuppose judicial control in the sphere of issues relating to foreclosure on the only residential premises. In any case, the improvement of the legislation should not put a citizen in a difficult social situation and lead to a violation of his constitutional right to housing.

scholarly journals Features of functioning of the Internet economy and digital agencies in the Russian Federation

2020 ◽  
Vol 14 (80) ◽  
pp. 95-112
Author(s):  
A. S. Belichenko ◽  
Keyword(s):  
Russian Federation ◽  
Supply And Demand ◽  
Scientific Work ◽  
The Internet ◽  
Internet Economy ◽  
Technological Entrepreneurship ◽  
Basic Parameters ◽  
The Russian Federation ◽  
Economic Nature

This article discusses the features of the functioning of digital agencies in the Internet economy of the Russian Federation. The author of scientific work presented market analysis customized web development and marketing, including the basic parameters of the market, property supply and demand, consumption structure of services, the industry’s contribution to the Internet economy, the issues of digitalization, the role of the Russian outsourcing IT-companies in the international arena. The main problems facing the Internet economy market are analyzed and methods of their solution are proposed. Based on the study of the conceptual framework of the topic of scientific work, as well as based on the works of economists, leading programmers and consulting companies, the author examines the economic nature of the functioning of full-service agencies, in particular their Russian specifics. The analysis of programs and reforms that regulate the new rules for the use of digital technologies in the legislation of the Russian Federation, and their impact on improving the efficiency of technological entrepreneurship, was also carried out.

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