scholarly journals Constitutional right of citizens to participate in the administration of justice: current development issues in the Russian Federation

2021 ◽  
pp. 116-128
Author(s):  
Albina Olegovna Shikhovtsova
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Current Development ◽  
Criminal Cases ◽  
Forecasting Methods ◽  
Administration Of Justice ◽  
Key Issues ◽  
The Russian Federation ◽  
Constitutional Right

This research is dedicated to exercise of the constitutional right of citizens to participate in the administration of justice in the Russian Federation. The relevance of the selected topic is substantiated by the retained problems of legal regulation of the mechanism for engaging citizens in such participation. The article employs formal-legal, system-structural, and forecasting methods, as well analysis, synthesis, deduction, induction, and dialectical method. The author examines the polemical on implementation of the constitutional right to participate in the administration of justice, and current problems to exercising such right by citizens of the Russian Federation. The novelty of this work lies in determination of the key issues in implementation of the constitutional right of citizens to participate in the administration of justice, as well as in the recommendations for their solution. The author explores the problems of functionality of the institutions of arbitration and jury; assess the proposals of the legal community on potential expansion of the scope of work of the jury. The conclusion is made on the need for amending legal regulation on the procedure of formation of jury; adoption of measures aimed at changing the attitude of citizens towards administration of justice; making adjustments to legal regulation of the procedure of formation of jury; preliminary expansion of jurisdiction of criminal cases to the court with participation of jury; and inexpediency of extending the scope of work of the jury onto civil disputes.

scholarly journals Personal Reception of Citizens: Problems of Legal Regulation and Implementation

Lex Russica ◽  
2019 ◽  
pp. 71-83
Author(s):  
A. V. Savoskin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Regulation ◽  
Government Agency ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Government

Personal reception represents a way of submitting citizens’ complaints and one of the forms of implementation of the constitutional right of citizens to appeal (complain). However, the legislative regulation of the issue under consideration seems insufficient, which has given rise to adverse law enforcement practice.The article determines signs of personal reception that allow us to distinguish it from other types of citizen’s communication with officials. The paper makes a thorough analysis of the duty of officials to conduct personal reception. Two models of performing the reception are highlighted: 1) personal reception is carried out only by chairpersons (of the government agency as a whole, its deputies or heads of structural divisions); 2) personal reception is carried out not only by chairpersons, but also by other authorized officials or specialized units. Moreover, the paper focuses on the problem of delegation of the obligation to perform personal reception to other officials.The paper investigates the procedure of personal reception that includes four stages: registration for personal reception (optional stage); arrival of a citizen at the place and time provided for personal reception, identification and determination of the order of personal reception; personal intercourse with the official, including a statement of the essence of the oral request or submission of a written application; registration of a personal reception card. Special attention is paid to the issue of registration of a personal reception, which allowed to formulate conclusions about the most relevant content of a personal reception card. The procedure of holding the all- Russian day of personal reception and experience of introduction of regional uniform days of personal reception in constituent entitities of the Russian Federation is analyzed.Also, the author scrutinizes the experience of organizing personal receptions in various governmental bodies and authorities in order to generalize additional guarantees of the rights of citizens during personal reception, as well as to develop an approximate list of feasible constrains.

scholarly journals Certain issues of exercising the right of citizens to participate in administration of criminal justice in the Russian Federation at the current stage

2021 ◽  
pp. 1-8
Author(s):  
Albina Olegovna Shikhovtsova
Keyword(s):  
Criminal Justice ◽  
Russian Federation ◽  
Legal Regulation ◽  
Population Increase ◽  
Jury Trial ◽  
Democratic State ◽  
Administration Of Justice ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Right

The object of this research is the constitutional framework of the institution of citizens’ participation in administration of justice, viewed as the fundamental principles of relationship between the democratic state and its citizens. Participation of citizens in court as lay judges is of constitutional nature. One of the forms of citizen’s participation in administration of criminal justice in particular is the jury trial. The goal of this research consists in the analysis of certain aspects of mechanism of exercising the right of citizens to participate in administration of criminal justice in the Russian Federation, as well as in development of recommendations for its improvement.  Leaning on the dialectical, systematic, formal-legal, comparative-legal, structural-functional and sociological methods, the author analyzes the current situation pertinent of exercising by the citizens of the Russian Federation of the constitutional right to participate in administration of justice, and substantiated the feasibility of measures for creating conditions for the more active implementation of such right in the area of criminal justice. The author reveals the reasons of passive attitude of the citizens of the Russian Federation towards implementation of their constitutional right to participate in administration of justice as jury, and concludes on the need for taking certain measures on the federal level aimed at attraction of citizens in administration of justice: increase of the legal culture of population, increase of the level of information awareness of the citizens about the jury trial; revision of legal regulation of the procedure of formation of the jury.

scholarly journals REQUEST FOR INFORMATION ON CONNECTIONS BETWEEN SUBSCRIBERS AND (OR) SUBSCRIBER DEVICES

2019 ◽  
Vol 29 (6) ◽  
pp. 801-805
Author(s):  
E.A. Bagavieva
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Cases ◽  
Telecommunication Systems ◽  
The Russian Federation ◽  
Almost All

The investigative action is a request for information about the connections between subscribers and / or subscriber devices, provided for by Article 186.1 of the Code of Criminal Procedure of the Russian Federation, it is in demand in connection with the development of telecommunication systems and has been successfully applied in almost all categories of criminal cases. The author has analyzed the requirements for such a criminal procedure decision as the decision of the investigator (interrogator) to initiate before the court a motion to obtain information about connections between subscribers and (or) subscriber devices. Errors made by investigators (interrogators) in the preparation of this decision are indicated. The article discusses the procedure for obtaining a permission to conduct this investigative action, reveals the shortcomings of the legal regulation of obtaining information about connections between subscribers and (or) subscriber devices.

scholarly journals PROBLEMS OF DEFINING A LEGAL STATUS OF URBAN FORESTS IN RUSSIA

2017 ◽  
Vol 21 (2) ◽  
pp. 190-197
Author(s):  
O. A. Lavrischeva
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Urban Forest ◽  
Urban Forests ◽  
Legal Regulation ◽  
Forest Park ◽  
Territorial Planning ◽  
The Russian Federation ◽  
Constitutional Right ◽  
Forest Parks

The paper considers norms of the Russian legislation on urban forests. The main problems of the legal regulation of urban forests within the Russian Federation have been identified and analyzed. The author pays special attention to the absence of a definition of the "urban forests" concept and the criteria for referring forest plantations to urban forests that make it possible to delineate urban forests from other plantations within the settlements, including forest parks. The author points to the fact that there is no criteria for power delineation to protect and use urban forests as well as a clear functional structure of urban forest management at the level of the subjects of the Russian Federation. There is also legal uncertainty about referring forest located in settlements that are not cities to forests. All these gaps in the Russian legislation cause certain difficulties in law enforcement practice. Based on the analysis, the author suggests ways of managing urban forests in the current socio-economic situation in Russia. First of all, it is necessary to introduce a number of clarifications at the legislative level: to regulate the legal regime for using urban forests established for forest park areas in accordance with the requirements of the Russian Federation Code, to establish the norm which will oblige local authorities while preparing and approving the documents concerning territorial planning, to include land plots on which urban forests are located, into recreational areas or zones of specially protected areas. The author believes that these changes in the forest legislation will help to develop and preserve urban forests as a reliable environmental and legal guarantee for the constitutional right of citizens to have a favorable environment.

scholarly journals Concept of Digital Evidence, Current Status and Its Role in the Evidentiary Process

2020 ◽  
Vol 15 (4) ◽  
pp. 55-60
Author(s):  
A. Yu. Cherdantsev
Keyword(s):  
Russian Federation ◽  
Preliminary Investigation ◽  
Legal Regulation ◽  
Current Status ◽  
Digital Evidence ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Significant Information ◽  
Current State ◽  
The Russian Federation

The article analyzes the international current state of the concept of digital evidence, its meaning, types and role in the process of proving in criminal cases in the practical activities of the preliminary investigation bodies of the Russian Federation, considers some problems arising in law enforcement practice, suggests the author's classification of modern digital traces, studies and compares international practice governing the practical application of digital evidence, their concept and content. The problem of gaps in the legal regulation of digital evidence is considered, as well as the possibility of introducing amendments to the current legislation concerning the legal recognition of digital evidence along with traditional types of evidence, as well as the regulation of the use of digital evidence in criminal proceedings, and a proposal is made to introduce a number of amendments to the current legislation of the Russian Federation, where it is necessary to secure definitions of digital evidence, thus legalizing it, stating in the following re At the same time, it is noted that there is no need to introduce a separate article to regulate digital (electronic) evidences, because it is rather difficult to determine the volume of digital (electronic) evidences (digital criminally significant information), at least because there is no unanimity in this respect and there was no unanimity, besides, due to the dynamic development of electronics, including personal ones, this norm quickly lost its relevance and required amendments, creating a certain gap in legal regulation, which is more complicated.

scholarly journals Trends in developing the jury institution in the Russian Federation

2021 ◽  
Vol 7 (Extra-C) ◽  
pp. 118-124
Author(s):  
Veronika Viktorovna Pshava ◽  
Irina Andreyevna Babenko ◽  
Vyacheslav Vitalievich Pletnev ◽  
Aleksandr Borisovich Sokolov ◽  
Julia Vladimirovna Sadikova
Keyword(s):  
Russian Federation ◽  
The United States ◽  
Federal Republic Of Germany ◽  
Criminal Cases ◽  
Negative Experience ◽  
Legal Proceedings ◽  
Federal States ◽  
Scientific Analysis ◽  
Administration Of Justice ◽  
The Russian Federation

The article considers various forms of participating in the administration of justice in criminal cases in the constituent entities of the Russian Federation, the Federal Republic of Germany and the United States of America. A 30-year long development of the jury institution in Russia and its active reforming since 2016 necessitate a scientific analysis of various forms of people's participation, identification of their features, positive and negative experience. Despite the expanded jurisdiction of the jury considering criminal cases, the introduction of this institution at the level of district courts and the reduction of jury members, there is an acute issue of forming jury boards (the unwillingness of citizens to participate in the administration of justice) and a large number of repealed sentences passed in this form of legal proceedings. The positive experience of other democratic federal states can serve as an example of ensuring the functioning of the jury institution in Russia.

scholarly journals PECULIARITIES OF THE LEGAL REGULATION OF EVIDENCE COLLECTION IN CRIMINAL CASES BEYOND THE BORDERS OF THE RUSSIAN FEDERATION

2020 ◽  
Vol 12 ◽  
pp. 19-22
Author(s):  
Aleksandr R. Akhmadullin ◽  
Keyword(s):  
Russian Federation ◽  
Preliminary Investigation ◽  
Legal Regulation ◽  
Legal Assistance ◽  
Criminal Cases ◽  
Systematic Analysis ◽  
Mutual Legal Assistance ◽  
Legal Norms ◽  
Evidence Collection ◽  
The Russian Federation

This article deals with the problems of legal regulation of the process of collecting evidence in criminal cases within the framework of mutual legal assistance, based on a systematic analysis of international legal acts and legislation, a conclusion is made about the inconsistency of legal norms regulating the collection of evidence outside the territory of the Russian Federation. In some cases, they are insufficient, which negatively affects the quality and efficiency of the preliminary investigation. Suggestions are made to eliminate inconsistencies in legal norms.

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.

scholarly journals Conceptual and financial-legal aspects of public management of national projects

2020 ◽  
pp. 206-221
Author(s):  
Marina Afanas'evna Lapina ◽  
Aleksandr Georgievich Gurinovich ◽  
Andrey Viktorovich Lapin
Keyword(s):  
Project Management ◽  
Russian Federation ◽  
Public Management ◽  
Law And Economics ◽  
Practical Importance ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The Russian Federation ◽  
Legal Mechanism

The subject of this research is the conceptual and financial-legal aspects of project management aimed at implementation of national projects. The goal consists in comparison of the sources of public legal regulation, analysis of the legal mechanism of implementation of national projects, and formulation of recommendations for its improvement. Analysis is conducted on the formation and realization of project management in the Russian Federation, which functional purpose consists in improving efficiency of the national projects. The relevance lies in the establishment of public legal grounds for implementation of national projects. The theoretical framework contains scientific works of scholars and practitioners in the field of law and economics dealing with the project management in public sector. As a result of the conducted analysis on national and international legislation with regards to project management, the author reveals the essential characteristics of project in the area project management, describes the process of implementation of national projects, and outlines the problematic aspects from the perspective of administrative and financial law. The novelty lies in substantiation of the need for improving legal regulation of project management in the Russian Federation. It is noted that legislation in the area of project management is fragmentary, and the law regulates only isolated elements of project management. Practical importance of this work consists in determination of the role of subjects of national project management and state financial bodies, as well in formulation of recommendations on practical application of norms with regards to implementation of national projects.

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