Permanent Bench of Regional Courts: The Need or an Opportunity for the Establishment

The article analyzes the provisions of the Russian Federation’s judicial law. The fragmentation of the legal regulation of the organization of activities in these separate units of district courts has predetermined the need to study the topic standing judicial presences. The study revealed the paths (options) of the establishment of district courts and the permanent judicial presences of district courts with sub-jurisdictional territory in the light of the current domestic legislation. It is proposed to improve the legislation regulating the creation and operation of permanent judicial presences of district courts.

Genesis of the Court Bailiff Institution in Russia in the IX to the XVI Century

This article discusses the basic theories of the emergence and development of the institution of bailiffs in Russia. The features of their activities in various historical periods, from the occurrence to the XVI century. Bailiffs are mentioned in various monuments of law and play an important role in the development of the entire system of state bodies. In the history of the state and law of Russia, they performed a wide variety of functions, from debt collection to tracing and torture. Particular attention is paid to the Code of Laws of 1550, as the main source of law of the XVI century.

The Use of Modern Information Technology in Judicial Review of Complaints in Pre-Trial Proceedings

This article is devoted to the topical issue of the institution of judicial control — ensuring the right to access to justice in the context of digitalization of public relations. According to the analysis of the statistical data of the Judicial Department of the Russian Federation, on the lion’s share of complaints (about 70%) accepted for proceedings, decisions are made to terminate proceedings on various grounds, and only a third of the complaints are decided to satisfy or refuse to satisfy the complaint. The author has analyzed the main reasons for the termination of the proceedings on the complaint, taking into account the existing current judicial practice. The practical significance of the work lies in the availability of proposals for resolving existing problems that are practically oriented towards the judicial system, taking into account the use of modern information technology of the state automated system «Justice» and video conferencing systems. In order to improve judicial control in pre-trial proceedings, the author’s vision of making changes at the legislative level was formulated by amending Part 2 of Art. 125 of the Criminal Procedure Code of the Russian Federation.

Procedural Duties of the Parties in a Civil Procedure

The purpose of this article is to highlight the specific procedural obligations of the parties in the civil proceedings. Based on the results of the study, the author identifies the following obligations: use procedural rights in good faith, show respect for the court or other persons involved in the case, inform the court about the change of name, address during the proceedings, disclose evidence, prove the circumstances, to which the person participating in the case refers, provide the required evidence, perform all procedural actions on time, submit procedural documents that meet the requirements of the procedural codes for form and content, notify the court of the reasons for failure to appear at the court session and provide evidence of valid reasons.

Presiding Judge and Court Administrator in the Conditions of Legal Reality

In the theory of law, the main prerequisite for the introduction of the institution of the court administrator was the so-called unloading of the Chairman from part of the organizational and administrative functions. In this article, the author reveals the conflict between the understanding of the status of the Chairman and administrator of the court with the legal reality, the stages of formation and correction of the institution under study. Despite the fact that the doctrine has long discussed the need for such a specialist as a court administrator, his position in the judicial system, the limits of competence are significantly limited and do not allow achieving the goals set by the legislator. In the article, the author tries to reveal the reasons for this discrepancy, problems of interaction, double subordination and subordination of the Chairman and administrator of the court, guided by regulations, expert assessments, comments of representatives of the judicial community.

Organizational and Legal Issues Related to the Introduction of the Investigating Judge Institution in the Russian Federation

The procedure of introduction of the institute of investigative judges into the judicial system of the Russian Federation requires a deep, comprehensive theoretical study at the interdisciplinary level. Procedural scientists put forward several concepts for the introduction of this legal institution and justify its special, significant role in the strengthening the human rights function of the court. However, there are currently not many studies devoted to the issues of structuring the updated judicial system of Russia with the inclusion of the institute of investigative judges in it. Is it possible that the lack of theoretical study of the issues of structuring and modeling the judicial system due to the introduction of a new element in it — the institute of investigative judges — hinders the reform? The author summarizes and analyzes the existing opinions of researchers about the place of the institute of investigative judges in the Russian court system and expresses his position on this issue, which may seem worthy of attention

The Composition, Structure of the Superior Judicial Council of the Republic of Tunisia and the Operation Procedure of Its Agencies

The article is focused on a judiciary organ of the Republic of Tunisia — the Higher Magistracy Council (Supreme Judicial Council). The author dwells on the basics of the legal status of the Higher Magistracy Council of Tunisia; explores its structure, which is composed of four bodies, i.e. the Judiciary Council, the Administrative Judicial Council, the Financial Judicial Council and the General Assembly (Plenary Assembly) of the three judicial councils; contemplates the election procedure and main requirements for the prospective candidates to its organs. The main focus is as well laid on the routine of the Council, its working bodies and structural divisions.

Traditions and Novelties of Judicial Administration in the Course of Provision of Cassation and Appeal against Court Judgments in the Courts of General Jurisdiction

The practical implementation of the idea of creating cassation and appellate courts of general jurisdiction has made it possible to transform the internal content of court proceedings. The surviving traditional approaches that have been tested for a long time in regional and other equivalent courts have evolved in the context of informatization and updating of procedural legislation. However, the main tasks of the progressive development of judicial administration in the course of ensuring cassation and appeal is the elimination of legal uncertainty, which is expressed in the existence of norms that contradict each other in the transition to electronic document flow, as well as the organization of an appropriate system of control over the movement of documents, in the complex of relations, the court is the first instance — the court of cassation, appeal in conditions of information transparency of judicial activity.

On the Prospects of the Use of Electronic Evidence in Civil Proceedings

The article analyzes topical issues of the development of the institution of electronic evidence in civil proceedings. The authors pay special attention to the role of the notary in providing electronic evidence. The issues of fixing information posted on the Internet, which are not only of scientific interest, but also difficult to change if necessary, are discussed.

The Meaning of Pleadings of the Parties and Third Persons in the Delivery of a Legitimate and Substantiated Judgment in Civil Proceedings

Justice in the Russian Federation is carried out according to the rules established by the civil procedure code of the Russian Federation. As the primary and most important condition of justice and a guarantee of protection of the rights and interests of interested persons, by making a legal and justified decision, the need for the court to establish the actual circumstances of the case is highlighted. The means by which the court is able to reconstruct the picture of what happened include evidence, that is, the evidence of a crime. information obtained by legal means about the facts by which the court can determine the presence or absence of circumstances justifying the position of the parties, as well as other circumstances. Explanations of the parties and third parties are mandatory and primary evidence in civil proceedings. Whether the party’s position is true and justified, and how other means of proof, such as the results of a forensic examination, or testimony, relate to the party’s explanations, will determine the outcome of the dispute in court and, accordingly, the satisfaction or refusal to satisfy the claims. Abuse of the right to appeal to the court, as well as lying in court is an unacceptable, so one of the tasks of the court is to properly consider the case by establishing all the circumstances of the case, including the explanation of the parties and third parties, in order to protect the violated or disputed right.