The Certainty of the Legal Status of Court Secretary and Court Clerk in Federal Courts

2020 ◽  
Vol 6 ◽  
pp. 26-34
Author(s):  
E. V. Gerasenko ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
System Analysis ◽  
Civil Service ◽  
Federal Courts ◽  
Scientific Methods ◽  
Level Of Education ◽  
Additional Qualification ◽  
The Status ◽  
The Russian Federation

Employees of the federal courts' apparatus, in accordance with the current regulations, are public civil servants. In practice and in existing scientific research there is an approach to determining the legal status of this category of public servants through their duties, without specifying the specific requirements for candidates for the position to be filled. The purpose of this study is to define additional qualification requirements to be imposed on the applicant for the position of State Civil Service «Court Secretary» in court, in addition to those contained in the Federal Law «On State Civil Service of the Russian Federation» and orders of the Judicial Department of the Supreme Court of the Russian Federation. The tasks of this work are to study the theoretical foundations of the concept of «status of a State civil servant », to compare federal legislation, decrees of the President of the Russian Federation, decisions and other acts of ministries and departments in the field of the State civil service in the apparatus of federal courts; Justification for the need to include in the status of a public servant serving in the court apparatus additional requirements for the level of education. The methodological basis of the present study was the general scientific methods such as analogy, derivation, system analysis, as well as the private scientific methods: formal-logical, technical-legal and comparativelegal in their various combinations. The study concluded that it was necessary to distinguish the status of federal court staff according to the level of education required to replace a public civil service post, in particular the «Registrar of the Court».

scholarly journals DIGITALIZATION OF THE JUDICIAL SYSTEM: ANALYSIS OF TRENDS IN THE DEVELOPMENT OF PROCEDURAL LEGISLATION (ON THE EXAMPLE OF DRAFT AMENDMENTS TO THE CIVIL PROCEDURE CODE OF THE RUSSIAN FEDERATION)

2020 ◽  
Vol 16 (4-2) ◽  
pp. 28-39
Author(s):  
Айсылу Гаймалеева
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
System Analysis ◽  
Modern World ◽  
Dialectical Logic ◽  
Scientific Methods ◽  
Legal Norms ◽  
Global Trend ◽  
Coronavirus Infection ◽  
The Russian Federation

The sphere of justice has also been affected by the global trend of universal digitalization. In view of a threat facing the world in the form of the new coronavirus infection COVID-19, as well as restrictions on access to court buildings in 2020, the initiative to amend the procedural legislation is relevant and timely. These amendments concern equalizing the legal status of written documents and electronic documents, about the methods of notifying the persons involved in the case, about the use of systems that allow the court and the parties to participate in proceedings remotely, while observing all procedural norms. The article attempts to study the trends in the development of civil procedural legislation, guided by the draft law, which was submitted for discussion by the Ministry of Justice of the Russian Federation on October 19, 2020. Purpose: to analyze trends in the development of civil procedural legislation in the modern world. Methods: the author uses empirical methods of comparison, description, interpretation and theoretical methods of formal and dialectical logic. Special scientific methods are used: legal-dogmatic and the method of interpreting legal norms. Results: the analysis of the draft law reveals some positive and some controversial points that are subject to clarification and more detailed disclosure if it were adopted. The position of researchers studying the issues of informatization of justice is reflected, the prospects for the development of the judiciary in the field of further digitalization are indicated.

Judicial Power as Mandatory Attribute of a Constituent Entity of the Russian Federation

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0 ◽  
Author(s):  
Aleksandr Tsaliev
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Federal Courts ◽  
Point Of View ◽  
Judicial Power ◽  
Constitutional Court ◽  
Constituent Entity ◽  
The Status ◽  
Constitutional Justice ◽  
The Russian Federation

The article criticizes the idea of territorial federalism and on the example of judicial power the author demonstrates that attempts to reduce the constitutional and legal status of constituent entities of the Russian Federation to the level of administrative-territorial units only pursue the aim to divest them of state authority and property. In order to substantiate his point of view, the author analyzes the legal status of constituent entities of the Russian Federation and notes that judicial power is defined as their mandatory attribute. The author underlines social demand and necessity in founding and functioning of constitutional (charter) courts of constituent entities of the Russian Federation. The author criticizes the draft law which proposes to exclude justices of the peace from the courts of constituent entities of the Russian Federation and grant them the status of federal courts. The author describes German experience, where constitutional justice is carried out as part of the model of a two-level constitutional control — by the Constitutional Court of the Federation and bodies of specialized constitutional justice of constituent entities as its integral part.

scholarly journals LEGAL STATUS OF EMPLOYEES OF THE CRIMINAL EXECUTIVE SYSTEM OF THE RUSSIAN FEDERATION

2021 ◽  
Vol 6 (2(52)) ◽  
pp. 113-116
Author(s):  
Natalia Evgenievna Kuznetsova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Penal System ◽  
The Status ◽  
The Russian Federation ◽  
Executive System

The purpose of the study is devoted to the actual problems of the status of employees of the penal system. The paper identifies the problems of determining the status of employees of the penal system, and also suggests some methods and mechanisms for solving these problems.

Territories with special status within Federal States (constitutional and legal research)

2019 ◽  
Author(s):  
Игорь Ирхин ◽  
Igor Irkhin
Keyword(s):  
United States ◽  
Russian Federation ◽  
Legal Status ◽  
The United States ◽  
Legal Regulation ◽  
Public Law ◽  
Legal Research ◽  
Federal States ◽  
The Status ◽  
The Russian Federation

This monograph comprehensively examines the constitutional and legal status of territories with a special status within the Federal States in the context of the Institute of territorial autonomy. The study is based on the experience of constitutional and legal regulation of the status of Autonomous districts in the "composite subjects" of the Russian Federation, administrative-territorial units with a special status in the constituent entities of the Russian Federation, Autonomous districts in India, Nunavut territory in Canada, unincorporated territories of the United States This monograph is one of the first works in the domestic jurisprudence, in which the study was conducted from the perspective of territorial autonomy. The publication is intended for researchers, postgraduates and students, all readers interested in constitutional (public) law, theory of state and law.

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 Transformation of the Migration Policy of States During the Pandemic Period

2021 ◽  
Vol 26 (3) ◽  
pp. 34-44
Author(s):  
Vladimir Zorin ◽  
◽  
Vladimir Voloh ◽  
Vera Suvorova ◽  
◽  
...  
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Migration Policy ◽  
European Countries ◽  
Migration Policies ◽  
Scientific Methods ◽  
General Scientific ◽  
The Russian Federation ◽  
And Migration ◽  
Further Development

Introduction. The article is devoted to the transformation of migration policies during the COVID-19 coronavirus pandemic. The article discusses changes in migration processes in connection with the COVID-19. The aim of the article is to illustrate how the countries’ migration policy has changed due to the pandemic and what measures have been developed to support migrants. Methods and materials. The research methodology includes general scientific research methods, such as analysis, synthesis, content analysis and the aristotelian method. As well as specific scientific methods, such as comparative legal and system analysis. The empirical basis of the study is the data of the General Administration for Migration Issues of the Ministry of Internal Affairs of Russian Federation, the International Organization for Migration (IOM), and the United Nations (UN). Analysis. The authors conducted a comparative analysis of migration policies of various countries during the COVID-19 coronavirus pandemic. Considerable attention is paid to the measures taken by countries to provide various types of support to migrants. The authors also analyzed the activities of international organizations and the civil society. The authors concluded that measures to restrain the pandemic affected the implementation of funded integration projects in the European countries, some activities were postponed, however, the European countries made certain efforts to adopt new integration practices to support migrants during the COVID-19 pandemic. Discussion. The authors assessed the further development of migration processes and countries migration policies. Results. The authors effectuated a conclusion that the COVID-19 pandemic has had a significant impact on the transformation of migration processes and migration policies. The authors focused on how events in the migration sphere would develop, and what changes would take place in the migration policy of the Russian Federation. The research results presented in the article can be used to improve the migration policy of the Russian Federation in relation to labour migrants and to develop regulatory migration measures.

scholarly journals Constitutional status of persons who are not citizens of the Russian Federation

2021 ◽  
Vol 21 (1) ◽  
pp. 100-105
Author(s):  
Andrei D. Bezuglov ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Social Rights ◽  
International Treaties ◽  
Economic Rights ◽  
Constitutional Level ◽  
The Status ◽  
The Russian Federation ◽  
Stateless Person

Introduction. The constitutional and legal status of persons who are not citizens of Russia is directly related to their political, social, personal and economic rights and freedoms. This raises the problem of correctly determining the status of persons who do not have Russian citizenship due to the fact that the legislation contains many provisions covering the totality of legal relations related to the status of a foreign citizen and a stateless person, where the personal and social rights of a person do not depend on his / her citizenship of another state. Theoretical analysis. The article examines the content of the constitutional status of non-citizens on the territory of Russia. It follows from the content of the first chapter of the Constitution of the Russian Federation that the concept of personality includes any person who is both a citizen and a foreign citizen, or a stateless person, therefore, the rights and obligations established in relation to a person apply to non-citizens. Empirical analysis. The analysis of many rights guaranteed by the Constitution of the Russian Federation revealed that they are not related to citizenship and apply to all people, therefore, non-citizens should have the ability, enshrined at the constitutional level, to protect their rights in case of their violation by contacting state bodies and local self-government bodies. Results. Non-citizens enjoy the rights and bear obligations on the equal basis with the citizens of the Russian Federation, taking into account the peculiarities and restrictions established by federal laws and international treaties. There is a promising opportunity to improve Russian legislation by identifying an independent term of “non-citizens”, which will unite foreign citizens and stateless persons in order to implement comprehensive legal regulation for this category of persons.

scholarly journals Some aspects of the constitutional and legal status of the institution of the commissioner for the protection of the rights of entrepreneurs in Russia

2021 ◽  
pp. 230-235
Author(s):  
V. A. Fadeeva
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Business Community ◽  
Annual Reports ◽  
The Status ◽  
The Russian Federation

The Institute of the Business Ombudsman in Russia has been functioning in the Russian Federation for more than eight years. His work is positively evaluated by the business community. The article outlines some issues of legal regulation of the status of the Business Ombudsman in Russia. The analysis of the indicators of the annual reports of the federal business Ombudsman allows us to draw a conclusion about the effectiveness and relevance of the institute under study. The author comes to the conclusion that it is necessary to further improve the legal regulation of the status of the federal business ombudsman.

scholarly journals FEATURES OF THE LEGAL STATUS OF MINOR PARENTS

2020 ◽  
Vol 5 (3(72)) ◽  
pp. 53-57
Author(s):  
A.I. Mamoshin
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Scientific Article ◽  
Knowledge Analysis ◽  
Legal Situation ◽  
The Family ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Russian Federation ◽  
Comprehensive Study

Background. The purpose of this scientific article is a comprehensive study of some peculiarities of the legal situation of minor parents under the family legislation of the Russian Federation. Methods of scientific research have drawn up general-theoretic methods of knowledge: analysis and synthesis, derivation and induction, as well as a method of prediction. Private-legal methods include formal-logical and legaldogmatic methods. The results of scientific knowledge are that the author analysed the peculiarities of the legal status of minor parents and identified some gaps in the current legislation concerning the implementation of the rights and obligations of minor parents Conclusions. Summing up the work, we concluded that it is necessary to make some changes to the current legislation and recognize the status of minor parents as a significant basis for recognizing minor citizens as fully capable.

scholarly journals On the peculiarities of the regional lawmaking process

2020 ◽  
pp. 25-38
Author(s):  
Olga Anatolevna Fomicheva
Keyword(s):  
Russian Federation ◽  
Process Analysis ◽  
Legal Regulation ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
The Right

The subject of this research is practice of the constituent entities of the Russian Federation applied in legal regulation of lawmaking process. Analysis is conducted on legislation of the constituent entities of the Russian Federation regarding the establishment of their rights to realization of the legislative initiative. The author’s arguments on carrying out the analysis of regional legislation with regards to establishment of a circle of subjects with the right of legislative initiative are grounded on the scholars’ opinion that the status of the subject of realization of legislative initiative is special. The fact of recognition of the subject of lawmaking process as a subject of legislative initiative is a juridical fact bot only for acquisition of the right to introduction of a bill, but also guarantees for participation in lawmaking process of the parliament. Therefore, establishment of a circle of subjects with the right of legislative initiative is crucial in determination of peculiarities of the regional lawmaking process. Application of the general scientific methods of analysis and synthesis, allowed arranging the circle of the subjects of lawmaking process into groups, as well as formulate a conclusion on the specificities of setting rules for the lawmaking process realized in constituent entities of the Russian Federation. The philosophical methods of cognition of legal reality allowed determining the general rules of lawmaking process, summarize the acquired data, and comprehensively examine the research materials. Having analyzed the practice of legal regulation, the author identified the flaws in terminology used in practice of the constituent entities of the Russian Federation. Recommendations are made to pay closer attention to ambiguity of legislation in some regions of the Russian Federation. A conclusion is formulated on the positive experience that can become an example for other constituent entities of the Russian Federation in setting rules for the lawmaking process.

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