The Application of Information Technology in a Civil and Arbitration Procedure (Electronic Justice)

The article discusses the stages of development of informatization of the judicial system. Various points of view regarding the concept of «electronic justice» are analyzed, the basic elements of electronic justice in the civil and arbitration process are determined. The problematic issues of the implementation of the concept of e-justice are considered.

The Problem of Execution of ECHR Judgments within the Framework of the Novelties of the Constitution of the Russian Federation

This article is about the problem of execution international courts decisions in connection with the changes that were contributed to the Constitution of the Russian Federation in 2020. The author believes that the review cases in view of new circumstances in connection with the violations were established by the European Court of Human Rights of the Convention for the Protection of Human Rights and Fundamental Freedoms 1950 provisions may be significantly limited. The article states that an appeal to the European Court of Human Rights and the obligation its decisions in relation to the violating country cease to be an effective remedy.

Insurance Ombudsman as an Insurance Dispute Settlement Novelty

The article analyzes the new procedure for resolving the insurance dispute between the consumer of insurance services and the insurer. The introduction of the institution of an insurance ombudsman in Russia, as an alternative stage in the pre-trial settlement of the dispute, has a some of advantages and shortcomings. The author investigated the specifics of the consideration of the dispute by the insurance ombudsman, identifying the gaps in the current legislation and proposing ways to overcome them. The results of the scientific study were as follows: It was found that the introduction of an insurance ombudsman was necessary and appropriate. The consideration of insurance disputes by the insurance ombudsman has reduced the burden of the courts and provided the consumer of insurance services with some of guarantees to protect their insurance rights. Deficiencies in the procedure for resolving a dispute by the insurance ombudsman are the following legislative gaps. Firstly, only the consumer of insurance services can initiate consideration of an insurance dispute. Secondly, the insurance ombudsman considers disputes if the insurer is included in a special register of insurers interacting with the insurance ombudsman.

On the Concept of the Subject of Corruption-Related Crimes Related to Passive and Active Bribery and Other Illegal Remuneration Types

To the question of the concept of the subject of corruption crimes related to receiving and giving bribes and other types of illegal remuneration Currently, the legal science has not yet developed a unified approach to understanding the subject of corruption crimes related to receiving and giving bribes and other types of illegal remuneration. The legal content of the subject of corruption crimes related to receiving and giving bribes and other types of illegal remuneration is disclosed in the dispositions articles 184, 290, 204, 2005, 2007 of the criminal code of the Russian Federation, which include money, securities, other property, property services and other property rights. At the same time, it remains an open question whether old-style banknotes and coins withdrawn from circulation, but subject to exchange, counterfeit money, or other property seized or restricted in circulation can be classified as such. Based on the study and analysis of judicial practice, the article presents the author’s approach to solving this problem and suggests measures to improve the current legislation.

The Correlation Between the Concepts of Amicable Settlement and Amicable Adjustment

The institution of a settlement agreement has many advantages over a court decision, where the dispute is resolved by mutually agreeing terms through mutual concessions. The execution of a settlement agreement involves the voluntary fulfillment of its terms. Compulsory execution of the terms of a settlement agreement is a kind of protective boundary between the parties in the event that one of them does not comply with the conditions approved by the court. The approval of an amicable agreement significantly saves time both for the court and for the parties, and with this it is possible for the parties to maintain partnerships. Speaking about the correlation of the terms “world deal” and “amicable agreement”, it is quite important for protecting rights and legitimate interests. There are two approaches to the relationship between the terms “world deal” and “settlement”.

Peculiarities of the Liability for Illegal Extraction and Circulation of Amber, Nephrite or Other Semi-Precious Stones

In a scientific article, the authors examined in detail the main problems arising in judicial and investigative practice associated with the application of updated editions of criminal law norms, which secure responsibility for illegal circulation and unauthorized extraction of amber, jade and other semiprecious stones (Articles 191 and 255 of the Criminal Code RF). It has been established that the practice of applying these norms, even taking into account their low prevalence and rather high latency, is extremely small. According to the official data of the Judicial Department of the Supreme Court of the Russian Federation for the year for the illegal circulation of jade, only one person was convicted of a crime under Art. 191 of the Criminal Code of the Russian Federation. According to the authors, this situation is due to a number of problems associated with the legislative presentation of the elements of the offenses provided for in Art. 191 and 255 of the Criminal Code of the Russian Federation, their inconsistency with each other, with the composition of the administrative offense under Art. 7.5 of the Code of Administrative Offenses of the Russian Federation, the lack of a unified approach to understanding the subject of these crimes, as well as the lack of effective methods for determining its size. In the conclusion, sufficiently substantiated measures are proposed to optimize criminal liability for these types of crimes.

Trial in Absentia: Speeding Up or Delaying the Procedure

The authors analyze the nature of the institution of correspondence proceedings in civil proceedings, note the problems of law enforcement, and discuss further trends in the development of correspondence proceedings.

From the Rejection of Court Disqualification to the Change of the Territorial Jurisdiction

The author refers to the institution of rejection as one of the most important guarantees of the independence of judges. The relevance of this research is due to the need to study and demonstrate the mechanism of influence of the ECHR decisions on Russian legislation and law enforcement practice. The article tracks the recent change in the position of the Supreme Court of the Russian Federation on the issue of rejection judges due to the special status of the person whose interests are affected by the criminal case under consideration/. In particular, it can be the status of a judge, a high position in law enforcement agencies and so on. The specificity of this rejection is to extend to the entire composition of the court, which makes it necessary to change the territorial jurisdiction. The author concludes that the fixing in part 1 of art. 35 of the Criminal procedure code of such a reason change territorial jurisdiction, as «the existence of circumstances that may cast doubt on the objectivity and impartiality of the court» has not eliminated entirely the need for use of the institution of rejection.

A Justice of the Peace Court as a Regulator of Criminal Procedure Relationships Containing Right Abuse Attributes

The article deals with the problem of abuse of subjective right in criminal proceedings at the stage of preliminary investigation. Based on a comparative analysis and study of foreign scientific literature, conclusions are drawn about the state of the issue under study in Russian criminal proceedings. Attention is focused on the need to work out procedural response measures by providing the magistrates’ courts and courts in general with additional, normative legal opportunities in order to effectively exercise judicial control at the pre-trial stage of the investigation in cases of abuse of law on the part of participants in the process.

Prosecutors’ Objections against the Special Procedure for Adoption of a Court Decision upon the Consent of the Accused with the Charge Brought against Him (a Judicial Practice Analysis)

The article describes the results of a judicial practice analysis of cases on application of the special procedure for adoption of a court decision upon the consent of the accused with the charge brought against him. Special attention is paid to the prosecutors’ role in the choice between a special or general judicial procedure by court.