CONSTITUTIONAL PRINCIPLES OF THE JUDICIAL PROCEDURE AND THE JUDICIAL SYSTEM DEVELOPMENT IN THE RUSSIAN FEDERATION

2021 ◽  
Vol 4 (3) ◽  
pp. 38-44
Author(s):  
Юлия Борисовна Круглова ◽  
Оксана Викторовна Мисякова
Keyword(s):  
Russian Federation ◽  
System Development ◽  
Judicial System ◽  
Judicial Proceedings ◽  
The Russian Federation ◽  
Judicial Procedures ◽  
Judicial Procedure

The article discusses contemporary problems of developing constitutional principles of improving judicial procedures in the Russian Federation and the influence of constitutional principles on judicial proceedings.

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.

On the classification of the participants of civil process

2019 ◽  
pp. 224-234
Author(s):  
Aleksandr Fedorovich Voronov
Keyword(s):  
Russian Federation ◽  
Social Phenomena ◽  
Civil Process ◽  
The Status ◽  
Procedural Code ◽  
Judicial Proceedings ◽  
The Russian Federation ◽  
Historical Comparative ◽  
Judicial Procedure

The article is devoted to the classification of participants in civil proceedings, it also touches on some issues of classification of participants in the commercial judicial proceedings and administrative judicial proceedings. Using logical methods of cognition: analysis, synthesis, deduction and induction, General scientific and special scientific methods and techniques knowledge of social phenomena and processes: historical, comparative, system-structural and others, the author concludes that the generally accepted classification of civil process participants is imperfect; based on the study of classification criteria, he proposes to identify new categories of participants in the process, to legislate their rights and obligations, to clarify their names. The author reveals the imperfection of some norms of the Civil Procedural Code of the Russian Federation and Code of Administrative Judicial Procedure of the Russian Federation, justifies the need to change them. The relevance of the research topic is justified by the fact that the new procedural legislation sometimes does not fully take into account the classification of participants in the process, which determines the status of the participant, the scope of his procedural rights and obligations, and this is directly related to the constitutional guarantees of protection of rights, freedoms and interests.

scholarly journals Periodization of History of Judicial Transformations in Russia in the Second Half of the XIX to the XXI Century

2021 ◽  
Vol 5 ◽  
pp. 34-45
Author(s):  
Aleksey A. Demichev ◽  
◽  
Valentina M. Bolshakova ◽  
Vera A. Ilyukhina ◽  
◽  
...  
Keyword(s):  
Russian Federation ◽  
Judicial System ◽  
Judicial Reform ◽  
Legal Proceedings ◽  
The Third ◽  
History Of ◽  
Judicial Proceedings ◽  
The Russian Federation ◽  
The Russian Empire ◽  
Second Period

The article proposes a periodization of judicial reforms in the Russian Empire, the RSFSR and the Russian Federation. The article proposes a distinction between the concepts of «judicial reform» and «judicial reform». There are distinguished and characterized six periods of judicial reforms in relation to the dynamics of the judicial system and legal proceedings in Russia in the second half of the XIX — XXI centuries: the first period (November 20, 1864 — July 1, 1899) — the judicial reform of 1864; the second period (July 1, 1899 — November 22 (December 5), 1917)) — the transformation of the judicial system and judicial proceedings created by the Judicial Statutes of 1864; the third period (November 22 (December 5), 1917 — May 25, 1922) — the judicial transformations of the first years of Soviet power; the fourth period (May 25, 1922 — July 10, 1923) — the judicial reform of 1922; the fifth period (July 10, 1923 — October 24, 1991) — transformation of the judicial system and judicial proceedings in the RSFSR, created during the judicial reform of 1922; the sixth period (October 24, 1991 — July 29, 2018) — judicial reform in the Russian Federation.

Аppeal Against the Submission on Elimination of Causes and Conditions that Contributed to the Commission Administrative Offence

2021 ◽  
Vol 4 ◽  
pp. 54-58
Author(s):  
O. V. Pleshevenya ◽  
Keyword(s):  
Russian Federation ◽  
Judicial System ◽  
Constitutional Rights ◽  
Administrative Procedure ◽  
Judicial Practice ◽  
Procedural Code ◽  
The Russian Federation ◽  
Business Entities ◽  
Judicial Procedure

. The article is devoted to the study of gaps in legislation when appealing against the idea of eliminating the causes and conditions that contributed to the Commission of an administrative offense. The author draws attention to the contradictory jurisprudence in resolving this issue, which violates the constitutional rights to protect the relevant actors, in particular, business entities, and does not promote the unity of the judicial system. The emphasis is on the established judicial practice in a separate appeal of the submission, without filing a complaint against the ruling in the case of administrative offense – in the order of the head of 22 Russian Federation Code of Administrative Procedure. In conclusion, conclusions have been drawn about the need to introduce rules on appeal of the submission out of court to the Code on Administrative Offences of the Russian Federation (or the Procedural Code on Administrative Offences of the Russian Federation, if adopted). Regarding the judicial procedure of appeal, it is proposed to include the relevant rules in theRussian Federation Code of Administrative Procedure.

SOME FEATURES OF CRIMINAL PROCEDURE IN RUSSIA IN CONNECTION WITH THE SPREAD OF CORONAVIRUS INFECTION (COVID-19)

2020 ◽  
Vol 10 (3) ◽  
pp. 149-154
Author(s):  
YURI FRANCIFOROV ◽  
◽  
MARINA BARANOVA
Keyword(s):  
Preliminary Investigation ◽  
Preventive Measure ◽  
Judicial System ◽  
Emergency Situations ◽  
Judicial Proceedings ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
The Government ◽  
Judicial Actions ◽  
Emergency Measures

The purpose of the article is to consider the peculiarities of investigative and judicial actions that are caused by their postponement, the inability to attract a lawyer, as well as the suspension of the preliminary investigation during the period of emergency measures taken by the government of the Russian Federation in response to the outbreak of the coronavirus infection pandemic (COVID-19). The authorsanalyze the features of the courts activity in connection with the coronavirus pandemic, which is associated with minimizing the personal reception of citizens and submitting documents via electronic Internet reception offices of courts or by Russian Post, as well as the possibility of conducting online court sessions. The authors come to the conclusion that the judicial system was not sufficiently prepared for the pandemic, and therefore it is urgently necessary to adopt a special normative act that would regulate the implementation of judicial proceedings in emergency situations, allowing to continue to consider urgent cases, including materials on the election, extension, cancellation or change of a preventive measure.

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.

Amendments to the Constitution of the Russian Federation of 2020 and the Content of Court Proceedings

2021 ◽  
pp. 5-12
Author(s):  
Latysheva N. A. ◽  
Keyword(s):  
Russian Federation ◽  
Organizational Support ◽  
National Language ◽  
Record Keeping ◽  
Judicial Proceedings ◽  
The Russian Federation ◽  
Court Proceedings

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.

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.

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