scholarly journals Right of access to justice as a principle of criminal process

2020 ◽  
pp. 49-58
Author(s):  
Tatiana Topilina
Keyword(s):  
Russian Federation ◽  
Access To Justice ◽  
Controversial Issues ◽  
Unique Case ◽  
Criminal Process ◽  
Legal Provision ◽  
The Subject ◽  
The Russian Federation ◽  
The Right ◽  
Right Of Access

This article analyzes the controversial issues of attributing the right of access to justice to the principles of criminal process. The author meticulously examines the origin of the right of access to justice in the Article 52 of the Constitution of the Russian Federation. The subject of this research is the norms of Russian and foreign legislation regulating the right of access to justice in criminal process. The object is the legal relations emerging in implementation of the right of access to justice. The article explores regulation of the right of access to justice in legislation of the Russian Federation and CIS member-states. It is demonstrated that the right of access to justice possesses certain characteristics that allow attributing it to the principles of criminal process: it represents an objective legal category that reflects the dominant in society political, legal and ethical ideas, and is most common legal provision in relation to other norms of law. A conclusion is substantiated that absence of the right of access to justice in criminal procedural legislation is a unique case of a gap in the principle of law.

scholarly journals Restriction of the access to justice for consideration of the criminal procedure dispute in accordance with the Article 125 of the Criminal Procedure Code of the Russian Federation

2021 ◽  
pp. 58-69
Author(s):  
Tatiana Topilina
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Access To Justice ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
The Subject ◽  
Soviet Space ◽  
The Russian Federation ◽  
The Right ◽  
Right Of Access

This article analyzes the problems of implementation of the right of access to justice for consideration of the criminal procedure dispute in accordance with the Article 125 of the Criminal Procedure Code of the Russian Federation. The author carefully examines the legislation of the countries of post-Soviet space on filing a complaint against actions (omissions), as well as decisions of the prosecuting agency in pretrial proceedings. The subject of this research is the norms of the Russian and foreign legislation that regulate the right of access to justice in criminal proceedings. The object is the legal relations arising in the context of implementation of the right of access to justice. The article employs the universal systemic method of cognition; comparative-legal, formal-legal, and statistical methods; as well as logical analysis of the normative legal acts. It is indicated that restriction of the access to justice for consideration of the criminal procedure dispute in accordance with the Article 125 of the Criminal Procedure Code of the Russian Federation is also established by the practice developed in law enforcement for evaluation of the complaint prior to its consideration involving  the parties with the possibility of making a decision on whether to remit or reject the complaint in the absence of legislatively specified grounds, which directly affects the number of addressed complaints. The conclusion is made on the need to specify the grounds for remitting the complaint of an applicant filed in accordance with the Article 125 of the Criminal Procedure Code of the Russian Federation, for the purpose of excluding the possibility of decision made by the court that is not based on the law on remitting or rejecting the complaint for consideration (the Article 125 of Code of Criminal Procedure Code of the Russian Federation).

scholarly journals FORMS OF ENVIRONMENTAL RIGHT PROTECTION

2020 ◽  
Vol 36 (4) ◽  
pp. 106-112
Author(s):  
N.Sh. Gadzhialieva ◽  
Keyword(s):  
Russian Federation ◽  
Broad Sense ◽  
Organic Unity ◽  
Healthy Environment ◽  
Judicial Practice ◽  
Favorable Environment ◽  
The Subject ◽  
State Coercion ◽  
The Russian Federation ◽  
The Right

The article analyzes various forms of protecting the right to a favorable environment, examines the concept of a form of protecting rights as a legal category. Based on the analysis of regulatory and scientific sources, the author has classified the forms of protection of the right to a favorable environment provided for in the law. Depending on the endowment of the subject carrying out the defense with the authority to use state coercion, the author identifies two large independent forms of protection: state and non-state. The author notes the legal uncertainty regarding the content of the right to a healthy environment, which complicates its protection. The positions of scientists who consider the right to a favorable environment in a narrow and broad sense are analyzed. Attention is drawn to the fact that the mechanism for protecting the right and the content of the right to a favorable environment are in organic unity and thus in the aggregate affect the formation of forms and methods of protecting the right to a favorable environment by a person. In conclusion, the author formulates the conclusions of the study, relying not only on the current legislation of the Russian Federation, but also on the established judicial practice, as well as on the scientific dogmas of Russian scientists in the field under study.

scholarly journals Features of signs of the crime object provided by article 166 of the Criminal Code of the Russian Federation

2019 ◽  
Vol 2019 (2) ◽  
pp. 192-198
Author(s):  
Алена Харламова ◽  
Alena Kharlamova ◽  
Юлия Белик ◽  
Yuliya Belik
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
Direct Object ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

The article is devoted to the problematic theoretical and practical issues of the content of the signs of the object of the crimes under Art. 166 of the Criminal Code. The authors determined the main direct object, revealed the essence of the right of ownership, use and disposal. Marked social relations that can act as an optional direct object. Particular attention is paid in the article to the subject of the crime. Attempts have been made to establish criteria that are crucial for the recognition of any vehicle as the subject of theft. The content of the terms “automobile” and “other vehicle” is disclosed. The analysis of the conformity of the literal interpretation of the criminal law to the interpretation of the law enforcer is carried out. It is summarized that the Supreme Court of the Russian Federation narrows the meaning of the term “other vehicle”, including in it only vehicles for the management of which, in accordance with the legislation of the Russian Federation, is granted a special right. The authors provide a list of such vehicles and formulate a conclusion on the advisability of specifying them as the subject of a crime. The narration of the article is accompanied by examples of decisions of courts of various instances in cases of crimes under Art. 166 of the Criminal Code of the Russian Federation

scholarly journals About some questions of dissolution of legislative bodies of subjects of the Russian Federation

2019 ◽  
Vol 2019 (2) ◽  
pp. 106-113
Author(s):  
Людмила Тхабисимова ◽  
Ludmila Thabisimova ◽  
Эльман Ахъядов ◽  
Elman Akhyadov
Keyword(s):  
Russian Federation ◽  
Constitutional Law ◽  
State Power ◽  
The Body ◽  
Early Termination ◽  
Legal Responsibility ◽  
Legislative Body ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

The article examines the issues of dissolution of the legislative body of the subject of the Federation. Attention is drawn to the fact that the institution of dissolution is an institution of constitutional law, and when the legislative body is dissolved, it is not responsible to the body or official who decided to dissolve it, but to the population, its voters. On the basis of the study it is concluded that it is necessary to Supplement the list of grounds for early termination of the powers of the regional Parliament, as a measure of constitutional and legal responsibility, by including such grounds as the loss of voter confidence. The question of the need to empower the population of the subject of the Russian Federation with the right to decide in a referendum on the dissolution of the legislative (representative) body of state power of the subject of the Russian Federation.

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.

scholarly journals Class Proceedings and Loss of the Right to a Separate Claim in an Arbitration Procedure

2020 ◽  
Vol 11 ◽  
pp. 55-57
Author(s):  
Vladislav Yu. Silchenko ◽  
Keyword(s):  
Russian Federation ◽  
Third Party ◽  
Civil Process ◽  
Procedural Code ◽  
Arbitration Procedure ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

The article provides an assessment of the reform of group production in the civil process of Russia. The author criticizes the norms of the Arbitration Procedural Code of the Russian Federation, by virtue of which a member of a group who refused to participate in a group proceeding, as well as a third party who claims independent claims regarding the subject of a dispute in a group proceeding, lose the opportunity to go to court with an independent claim at the request with which they could enter into group proceeding.

scholarly journals Access to Justice Due to the Covid-19 Pandemic

2020 ◽  
Vol 9 (2) ◽  
pp. 47-64
Author(s):  
Nelli Golubeva ◽  
Illia But ◽  
Pavlo Prokhorov
Keyword(s):  
Public Relations ◽  
Rapid Development ◽  
Comparative Method ◽  
Synthesis Method ◽  
Access To Justice ◽  
Online Technology ◽  
The Public ◽  
The Subject ◽  
The Right ◽  
Right Of Access

The coronavirus pandemic (Covid-19) has caused many challenges to democracy around the world. Under the new conditions, states must implement effective quarantine measures, as well as take decisions that justifiably and least restrict human rights. In this pandemic context of many restrictions, it is important to pay attention to ensuring access to justice and to investigate its level of security. The article aims to analyze the right of access to justice in the context of the Covid-19 pandemic, both in Ukraine and other countries. The subject of the study is the public relations that arise during the exercise of the right of access to justice in the pandemic context. The research methodology includes a scope of methods, the most important of which are the dialectical method, the analysis method, the synthesis method, the comparative method, the induction method, and the deduction method. As a result of the study, an analysis of the right of access to justice in the context of Covid-19 has been made. The main conclusion of this study is that the Covid-19 pandemic has clearly shown that the transition to online technology and other innovations in the judiciary has so far been too slow. On the other hand, in the context of ensuring access to justice the pandemic has become a kind of trigger for the rapid development and implementation of the latest innovative technologies in the field of access to justice.

scholarly journals Geography of the appellate courts of general jurisdiction in Russia: problems of providing access to justice in revision of criminal cases

2020 ◽  
pp. 59-69
Author(s):  
Almaz Firzyarovich Abdulvaliev
Keyword(s):  
Russian Federation ◽  
Geographical Location ◽  
Access To Justice ◽  
Appellate Courts ◽  
Criminal Cases ◽  
New Approach ◽  
Original Proposal ◽  
Judicial Proceedings ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the study of the work of appellate courts of general jurisdiction on revision of criminal cases in higher jurisdiction courts based on the position of their of their geographical location on the territory of the Russian Federation. The five newly formed appellate courts of general jurisdiction do not fully contribute to realization of such principle of criminal procedure as independence of judges, as well as adherence to the requirements on directness and oral nature of judicial proceedings. The goal of this article is to examine the positions of the current appellate courts of general jurisdiction from geographical perspective. For a deeper examination of the appellate peculiarity, the scientific research into this problem was carried out with consideration of the geographical specificity of the territory of Russia and its regions, and thus the level of development of logistical infrastructure in the constituent entities of the Russian Federation. The scientific novelty consists in the original proposal for creation of twelve appellate courts of general jurisdiction throughout the territory of the Russian Federation with their permanent placement in cities not currently handled by other judicial institutions of higher jurisdiction. Such new approach should fully the citizens’ right to access justice, and also ensure the principle of independence of judges.

scholarly journals On the Effectiveness of the Prosecutors Role in Pre-Trial Proceedings: the Position of the Legislator and the Opinion of the Law Enforcer

2021 ◽  
pp. 7-16
Author(s):  
Ayaz Gasimov
Keyword(s):  
Sustainable Development ◽  
Russian Federation ◽  
Statistical Data ◽  
Criminal Process ◽  
Independent Investigation ◽  
The Russian Federation ◽  
Procedural Guidance ◽  
The Right

The author examines the problems connected with the position of the prosecutor in a criminal process from the standpoint of the effectiveness of the prosecutor’s work. Specifically, using statistical data on the situation with the legality and the quality of preliminary investigations and the results obtained by other Russian scholars who researched this issue, the author shows that the transfer of investigators from the jurisdiction of the prosecutor’s office to a newly created independent Investigation Committee of the Russian Federation, the transfer of the right to the procedural guidance of the investigation from the prosecutor to the head of the investigation body, revoking the prosecutor’s right to coordinate the decision of the investigator, inquirer, or an inquiry body to initiate a criminal case, and in general the right to do it — all of these, in fact, improved the effectiveness of the supervisory function and, consequently, improved the legality and quality of preliminary investigations. At the same time, the author presents his own view on the directions of improving the effectiveness of the role of the prosecutor in the pre-trial proceeding, which should ensure a general sustainable development of Russian criminal procedure legislation.

scholarly journals Administrative legal mechanism for exercising the right of citizens to appeal to the government bodies in the Ural Federal District: the peculiarities of legal regulation

2021 ◽  
pp. 32-46
Author(s):  
Stanislav Vladimirovich Kalashnikov
Keyword(s):  
Russian Federation ◽  
Federal District ◽  
Legal Regulation ◽  
The Subject ◽  
The Russian Federation ◽  
The Government ◽  
The Right ◽  
Legal Mechanism

The subject of this this research is the normative legal and legal acts of the government bodies of the constituent entities of the Russian Federation included into the Ural Federal District (Kurgan, Sverdlovsk, Tyumen, Chelyabinsk regions, Khanty-Mansi Autonomous Okrug, Ugra and Yamalo-Nenets Autonomous Okrug) that regulate the administrative legal mechanism for exercising the right of citizens to appeal to the government bodies in the indicated regions. Special  attention is given to the importance and need for legal regulation of the issues associated with arranging additional guarantees and exercising the right of citizens to appeal to government bodies, particularly on the level of the constituent entities of the Russian Federation included into the Ural Federal District. Based on the comprehensive analysis of the aforementioned normative legal act and legal acts, the author reveals the peculiarities of legal regulation of the administrative legal mechanism for exercising the right of citizens to appeal to government bodies in the constituent entities of the Russian Federation included into the Ural Federal District, the limits of norm-setting authorities of the listed regions of the Russian Federation, specificities of securing additional guarantees of the rights of citizens to appeal to government bodies in the corresponding regional laws, approaches towards consolidation of the categorical and conceptual apparatus, determination of parties to legal relations in the area of exercising the right of citizens to appeal to government bodies, the role of normative legal and legal acts of the constituent entities of the Russian Federation included into the Ural Federal District within the mechanism of exercising the right of citizens to appeal to government bodies. The conclusion is formulated on the prospect of the approaches of certain constituent entities of the Russian Federation towards legal regulation of the mechanism for exercising the right of citizens to appeal government. The author also makes recommendation for its improvement.

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