Features of the Constitutional Legal Model of Legal Proceedings in the Russian Federation

2021 ◽  
pp. 99-106
Author(s):  
V. V. Levin
Keyword(s):  
Russian Federation ◽  
Comparative Characteristic ◽  
Legal Proceedings ◽  
Legal Model ◽  
The Russian Federation

The article analyzes the features of the process of constitutional proceedings, as one of the subtypes of legal proceedings in the Russian Federation, in addition, the comparative features of constitutional proceedings with the peculiarities of proceedings in civil, criminal and administrative cases are considered and a comparative characteristic of these processes is carried out.

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.

Non-Participation in Compulsory Procedures of Dispute Settlement

2018 ◽  
Author(s):  
Erik Franckx ◽  
Marco Benatar
Keyword(s):  
Russian Federation ◽  
Dispute Settlement ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
International Courts ◽  
Republic Of China ◽  
Legal Proceedings ◽  
Joint Declaration ◽  
Peculiar Form ◽  
The Russian Federation

Erik Franckx and Marco Benatar consider the peculiar backlash in the form of states rejecting the jurisdiction of international courts and tribunals (ICs). They discuss how the People’s Republic of China (PRC) rejected jurisdiction in the Philippines v PRC arbitration. The authors draw comparisons with how the Russian Federation rejected the jurisdiction of an arbitration panel in the Arctic Sunrise case. But both states participated in the peculiar form of forwarding ‘position papers’. This allows states new modes of influencing the bench without formally participating in the proceedings, argues Franckx and Benatar. This may tempt other states to apply a similar approach. For example, Croatia has presented its views to an arbitration panel in a dispute with Slovenia, despite its non-participation after irregularities by one of the arbitrators. The PRC and the Russian Federation have also issued a joint declaration encouraging non-participation in international legal proceedings.

AUTONOMY OF FAMILY RELATIONS AND CIVIL PROCEDURE

2021 ◽  
Vol 11 (1) ◽  
pp. 277-293
Author(s):  
P.A. YAKUSHEV
Keyword(s):  
Russian Federation ◽  
Family Law ◽  
Family Relations ◽  
Legal Proceedings ◽  
Family Courts ◽  
Procedural Code ◽  
Separate System ◽  
The Subject ◽  
The Russian Federation ◽  
Settlement Of Disputes

The article examines the ontology of the autonomy of family relations and its impact on the independence of family law as a branch of law. It is proved that the independence of family law as a branch of law, due by the nature of family relations and their autonomy, determines the need to regulate family relations by an independent codified normative legal act containing material norms of law. Thus, it is concluded that the branch autonomy does not determine the existence of a separate system of courts for the settlement of disputes connected with application of norms of law and an independent justice. Since all family disputes can be considered by courts of General jurisdiction within the existing types of legal proceedings (claim proceedings, special proceedings, writ proceedings), the creation of specialized family courts in the Russian Federation is impractical. However, for the proper consideration and resolution of family disputes, based on the specifics of their subject composition, the subject of dispute, the nature of relationships, degree of procedural activity of the court, it is necessary to supplement Civil procedural code of the Russian Federation separate chapters containing the rules governing the procedural peculiarities of consideration of some categories of family disputes.

Small hotels of Moscow: problems and prospects

2016 ◽  
Vol 10 (2) ◽  
pp. 151-163 ◽  
Author(s):  
Ольга Кобелева ◽  
Olga Kobeleva ◽  
Лилия Духовная ◽  
Liliya Dukhovnaya ◽  
Ирина Шпагина ◽  
...  
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
New Technologies ◽  
Comparative Characteristic ◽  
Federal Law ◽  
Gradual Process ◽  
Hotel Chains ◽  
The Russian Federation ◽  
Active Implementation

Today the hotel business enterprises in the Russian Federation are still in their infancy, lagging behind from major hotel chains by the level of development in average of 10-15 years. However, a gradual process of increasing of hotel room stock, the active implementation of new technologies and methods of guest services in the hotel market gradually allows Russian means of accommodation to form a competitive, profitable sector of service and economy. Against the background of these trends the process of formation and development of small hotels that are very popular among tourists abroad plays an important role. It determines the relevance of the article. The article gives a detailed analysis of small hotels segment and determines their share in the overall structure of the city´s accommodation. In accordance with the Federal Law №108-FZ "On the preparation and holding in the Russian Federation in the FIFA World Cup and Confederations FIFA Cup 2017 and Amendments to Certain Legislative Acts of the Russian Federation" classification of hotel enterprises is mandatory for all hotel businesses, including small hotels in Moscow and other cities involved in this large-scale event. Therefore, the article analyzes in detail the current situation with the classification of hotels in Moscow. The comparative characteristic of the share of small hotels in total accommodation facilities in Moscow and in major European cities is of significant interest. The authors especially point out the problems of imperfection of legal and regulatory framework governing the activities of given means of accommodation, as well as distinguish the most promising directions of small hotels development in the structure of hotel enterprises of Moscow.

Interests of Business in the Conditions of the Reform of Civil Legislation on Rights in Rem

10.12737/7248 ◽  
2014 ◽  
Vol 3 (1) ◽  
pp. 0-0
Author(s):  
Ирина Емелькина ◽  
Irina Emelkina
Keyword(s):  
Property Rights ◽  
Russian Federation ◽  
Land Rights ◽  
Civil Code ◽  
Legal Model ◽  
The Russian Federation ◽  
New System

The article discusses the problems faced by Russian entrepreneurs in the implementation of land rights. The author notes that in the transition to a new system of limited real rights must take into account the interest of business. Particular attention is paid to the analysis proposed for the introduction of the Civil Code of the Russian Federation, the two property rights to land, buildings and permanent tenure. The article highlights the prospects of these rights, noted shortcomings of the bill to amend the Civil Code of the Russian Federation, the legal model proposed legislated specified rights in rem.

scholarly journals RATIO OF THE LEGAL AND PROCEDURAL STATUS OF THE HEAD OF INVESTIGATIVE BODY

2018 ◽  
Vol 22 (2) ◽  
pp. 158-165
Author(s):  
T. Yu. Popova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Legal Proceedings ◽  
The Status ◽  
The Russian Federation ◽  
Legal Sense

Article is devoted to search of author's determination of the criminal procedure status of the head of investigative body. Determination of the status is given in it is general legal sense, types of legal statuses, such as the general (constitutional), special (patrimonial), individual, the status of the foreigner and branch legal statuses are allocated. The discussion about a ratio of legal status and a legal status on the basis of which conclusions the author has divided concepts of legal and procedural status per se is given. Are carried to number of elements of legal status of the head of investigative body: the rights and duties provided by the Code of Criminal Procedure of the Russian Federation and specified departmental standard legal by acts of the Ministry of Internal Affairs of the Russian Federation, SK of Russia and FSB of Russia; the criminal liability regulated by the Criminal Code of the Russian Federation and the disciplinary responsibility provided by subordinate regulations for non-execution or inadequate execution of the procedural powers; procedural and administrative accountability of activity of the head of investigative body to the head of higher investigative body. Elements of the criminal procedure status of the designated participant of criminal trial, according to the author, are the rights and duties provided by the Code of Criminal Procedure of the Russian Federation; the accountability of activity of the head of investigative body to the head of higher investigative body regulated by the Code of Criminal Procedure of the Russian Federation. The author has also mentioned a discussion about existence of criminal procedure responsibility of participants of criminal legal proceedings. In article the maintenance of each of elements of the status and justification of reference of each of them to this or that type of the status is opened. Proceeding from the considered structure, the concept of the criminal procedure status of the head of investigative body as the position of the head of the investigative body including his procedural laws, duties and accountability to the head of higher investigative body regulated only by the Code of Criminal Procedure of the Russian Federation is formulated.

scholarly journals Determination of limits of public control in the Russian Federation: constitutional and legal analysis

2020 ◽  
Vol 65 (2) ◽  
pp. 218-231
Author(s):  
V. V. Goncharov
Keyword(s):  
Russian Federation ◽  
Point Of View ◽  
Necessary Condition ◽  
Legal Analysis ◽  
Public Control ◽  
Legal Method ◽  
Modeling Analysis ◽  
Legal Model ◽  
The Russian Federation

The article is devoted to the study of the limits of public control in the Russian Federation. Objective: to develop a legal model for determining the limits of public control in Russia as a necessary condition for the effective functioning of this institution of civil society. Objectives of the study: 1) to define the concept of limits of public control in Russia; 2) to analyze the limits of public control (spatial; time of implementation; completeness of content (its principles, goals and objectives, forms, objects, powers of subjects and their number); its assessment from the point of view of legality and legitimacy of this type of activity), having developed and having proved actions for improvement of the current Russian legislation regulating questions of public control.In work is analysis of the limits of social control (spatial; time of implementation; the completeness of filling (according to his principles, purposes and tasks, forms, objects, and powers of the constituent entities and their amounts); the evaluation from the perspective of legality and legitimacy of the activity). The article uses a number of methods of scientific research, in particular: analysis; synthesis; classification; comparison; formal-legal; method of legal modeling; analysis of theoretical and regulatory sources; legal; formal-logical.

scholarly journals E-justice in civil cases and economic disputes in the Russian Federation

2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Inna Leonidovna Burova ◽  
Maria Alexandrovna Volkova ◽  
Renata Romanovna Lenkovskaya
Keyword(s):  
Russian Federation ◽  
Communication Systems ◽  
Effective Means ◽  
Video Recording ◽  
Records Management ◽  
Legal Proceedings ◽  
Positive Assessment ◽  
The Russian Federation ◽  
Judicial Protection

The authors of the article have analyzed the latest amendments made to the legislation of the Russian Federation aimed at the development of e-justice in civil and arbitration cases. The main methods of this study were formal-legal, comparative-legal and systematic. The authors positively assess the introduction of digital technologies into the field of judicial protection of the rights and interests of citizens and organizations in the Russian Federation. It seems that the informatization of legal proceedings and records management will serve as an effective means of implementing the principles of transparency and accessibility of justice in the Russian Federation. The use of e-justice aims at improving the quality of justice in the Russian Federation. Its components are as follows: filing documents in electronic form, meetings held through video conferencing, audio and video recording, receiving audio and video protocols through electronic communication systems by parties to some case, notifying parties using such resources as “Guard Arbiter”, SMS, etc. Despite the general positive assessment of the amendments made to the Russian legislation on e-justice, the authors emphasize its certain shortcomings. The article dwells on the statutory regulation of e-justice in the Russian Federation and suggests possible ways to resolve legal conflicts.

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