Pub Date : 2024-01-11DOI: 10.18572/1812-3791-2024-1-12-16
Dmitry A. Shamansky
The article reveals the main reasons for the regulatory, administrative, legal and managerial nature, which negatively affect the existing level of anti-corruption security in the Russian Federation. On the basis of which involvement and complicity in corruption activities, as well as an increase in its latency, is growing. These reasons have a negative impact on the activities of the law enforcement officer, which manifests itself in the absence of the ability to effectively resist all existing forms of corruption.
{"title":"Problems of Latent Complicity in Corruption Crimes","authors":"Dmitry A. Shamansky","doi":"10.18572/1812-3791-2024-1-12-16","DOIUrl":"https://doi.org/10.18572/1812-3791-2024-1-12-16","url":null,"abstract":"The article reveals the main reasons for the regulatory, administrative, legal and managerial nature, which negatively affect the existing level of anti-corruption security in the Russian Federation. On the basis of which involvement and complicity in corruption activities, as well as an increase in its latency, is growing. These reasons have a negative impact on the activities of the law enforcement officer, which manifests itself in the absence of the ability to effectively resist all existing forms of corruption.","PeriodicalId":221748,"journal":{"name":"Russian judge","volume":"42 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140510268","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-01-11DOI: 10.18572/1812-3791-2024-1-43-47
Ekaterina V. Mikhaylova
The ways of improving the civil procedural and arbitration procedural legislation in order to improve the anti-crisis measures taken by the state are considered. It is proposed to exclude the possibility of both extrajudicial and judicial reconciliation of the parties to public law conflicts. It is shown that the mandatory pre-trial (claim) procedure for the settlement of civil disputes needs regulatory regulation and the consolidation of clear criteria for determining the proper fulfillment of the obligation to resolve the dispute. It is recommended to fix the presence of a notarized mediation agreement as a basis for refusing to accept a statement of claim. The legal uncertainty of the category “economic activity” is noted, which negatively affects the delimitation of the competence of courts of general jurisdiction and arbitration courts. It is proposed to strengthen the functions of the prosecutor in arbitration proceedings.
{"title":"Judicial Power in the System of Protection of Private and Public Rights in the Implementation of Anti-Crisis Measures","authors":"Ekaterina V. Mikhaylova","doi":"10.18572/1812-3791-2024-1-43-47","DOIUrl":"https://doi.org/10.18572/1812-3791-2024-1-43-47","url":null,"abstract":"The ways of improving the civil procedural and arbitration procedural legislation in order to improve the anti-crisis measures taken by the state are considered. It is proposed to exclude the possibility of both extrajudicial and judicial reconciliation of the parties to public law conflicts. It is shown that the mandatory pre-trial (claim) procedure for the settlement of civil disputes needs regulatory regulation and the consolidation of clear criteria for determining the proper fulfillment of the obligation to resolve the dispute. It is recommended to fix the presence of a notarized mediation agreement as a basis for refusing to accept a statement of claim. The legal uncertainty of the category “economic activity” is noted, which negatively affects the delimitation of the competence of courts of general jurisdiction and arbitration courts. It is proposed to strengthen the functions of the prosecutor in arbitration proceedings.","PeriodicalId":221748,"journal":{"name":"Russian judge","volume":"35 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140510497","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-02DOI: 10.18572/1812-3791-2022-12-41-46
P. P. Lang
The article reveals the value and legal content of justice as the main goal of judicial activity. External and internal prerequisites for the administration of justice in society are revealed. The interdependence of social relations that develop in society and the essence of justice is revealed. The main features of the Soviet system of administration of justice are determined. The Soviet judicial system is defined as not adequately providing justice. The features and value properties of the functions of justice, their influence on the desired category, the relationship with the content of fair dispute resolution are characterized. The main features of judicial activity are determined in the context of achieving the goals of the implementation of the functions of justice.
{"title":"Functions of Justice: The Past and the Present","authors":"P. P. Lang","doi":"10.18572/1812-3791-2022-12-41-46","DOIUrl":"https://doi.org/10.18572/1812-3791-2022-12-41-46","url":null,"abstract":"The article reveals the value and legal content of justice as the main goal of judicial activity. External and internal prerequisites for the administration of justice in society are revealed. The interdependence of social relations that develop in society and the essence of justice is revealed. The main features of the Soviet system of administration of justice are determined. The Soviet judicial system is defined as not adequately providing justice. The features and value properties of the functions of justice, their influence on the desired category, the relationship with the content of fair dispute resolution are characterized. The main features of judicial activity are determined in the context of achieving the goals of the implementation of the functions of justice.","PeriodicalId":221748,"journal":{"name":"Russian judge","volume":"48 20","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120856328","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-04DOI: 10.18572/1812-3791-2021-2-3-6
Tamara N. Kazarina
The article is concerned with the revealing particular challenges relating to the partaking the prosecutor in the civil process. The author advances arguments for the position, where the prosecutor is an ad hoc participant of the civil process. She also does rather-legal analysis of rules of procedure, which regulate the partaking of the prosecutor in the civil and administrative proceedings. There are some proposals given improving the present civil procedural law in the specified sphere of the research.
{"title":"Prosecutor as a Subject of Civil Procedure Relationships within the Framework of Unification of Procedure Laws of the Russian Federation. Part 1","authors":"Tamara N. Kazarina","doi":"10.18572/1812-3791-2021-2-3-6","DOIUrl":"https://doi.org/10.18572/1812-3791-2021-2-3-6","url":null,"abstract":"The article is concerned with the revealing particular challenges relating to the partaking the prosecutor in the civil process. The author advances arguments for the position, where the prosecutor is an ad hoc participant of the civil process. She also does rather-legal analysis of rules of procedure, which regulate the partaking of the prosecutor in the civil and administrative proceedings. There are some proposals given improving the present civil procedural law in the specified sphere of the research.","PeriodicalId":221748,"journal":{"name":"Russian judge","volume":"179 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123030191","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-04DOI: 10.18572/1812-3791-2021-2-12-16
T. Egorova
The article is devoted to legislative and law enforcement problems of sentencing minors as special subjects of criminal law relations. In this aspect, to a certain extent, the essential socio-psychological characteristics of the considered category of convicts are analyzed in detail, related to their position dependent on society and incomplete formation of intellectual and volitional qualities. These circumstances assume that they are taken into account while observing the principles of justice and humanism, which make it possible to ensure the proportionality of the measure of criminal law enforcement, the nature and degree of public danger of the crime, the identity of the perpetrator, as well as security from criminal infection and secondary victimization. Special consideration should be given to the characteristics of the perpetrator’s personality, as well as the significance of the sentence imposed for age-related socialization and crime prevention. It is concluded that the orientation of the law enforcement officer to impose punishment that is not associated with isolation from society should be supported by other criminal law institutions that are specially modified for this category of persons.
{"title":"Criminal Laws and Judicial Practice in Punishment Imposition to Minors","authors":"T. Egorova","doi":"10.18572/1812-3791-2021-2-12-16","DOIUrl":"https://doi.org/10.18572/1812-3791-2021-2-12-16","url":null,"abstract":"The article is devoted to legislative and law enforcement problems of sentencing minors as special subjects of criminal law relations. In this aspect, to a certain extent, the essential socio-psychological characteristics of the considered category of convicts are analyzed in detail, related to their position dependent on society and incomplete formation of intellectual and volitional qualities. These circumstances assume that they are taken into account while observing the principles of justice and humanism, which make it possible to ensure the proportionality of the measure of criminal law enforcement, the nature and degree of public danger of the crime, the identity of the perpetrator, as well as security from criminal infection and secondary victimization. Special consideration should be given to the characteristics of the perpetrator’s personality, as well as the significance of the sentence imposed for age-related socialization and crime prevention. It is concluded that the orientation of the law enforcement officer to impose punishment that is not associated with isolation from society should be supported by other criminal law institutions that are specially modified for this category of persons.","PeriodicalId":221748,"journal":{"name":"Russian judge","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115149302","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-04DOI: 10.18572/1812-3791-2021-2-7-11
Elena A. Gnatko, Olga I. Marinenko
The article discusses the complex issue of extending, suspending, restoring procedural terms in connection with the spread of coronavirus infection in the Russian Federation in the light of Review No. 1 of the Supreme Court of the Russian Federation dated April 21, 2020. It was concluded that the procedural deadlines missed in connection with the pandemic are not extended, but can only be restored by the court if there are valid reasons, to which the spread of Covid-19 does not apply; on the complexity of protecting constitutional and civil rights in courts by unsecured citizens who lost their jobs during the spread of coronavirus infection.
{"title":"Judicial Procedure Terms in View of the Coronavirus Infection (Covid-19) Spread in the Russian Federation: Renewal, Suspension, Restoration Peculiarities","authors":"Elena A. Gnatko, Olga I. Marinenko","doi":"10.18572/1812-3791-2021-2-7-11","DOIUrl":"https://doi.org/10.18572/1812-3791-2021-2-7-11","url":null,"abstract":"The article discusses the complex issue of extending, suspending, restoring procedural terms in connection with the spread of coronavirus infection in the Russian Federation in the light of Review No. 1 of the Supreme Court of the Russian Federation dated April 21, 2020. It was concluded that the procedural deadlines missed in connection with the pandemic are not extended, but can only be restored by the court if there are valid reasons, to which the spread of Covid-19 does not apply; on the complexity of protecting constitutional and civil rights in courts by unsecured citizens who lost their jobs during the spread of coronavirus infection.","PeriodicalId":221748,"journal":{"name":"Russian judge","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133145326","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-04DOI: 10.18572/1812-3791-2021-2-52-54
L. V. Yun
The article examines the models of the implementation of constitutional justice as an important element of constitutional justice. Each European state is characterized by one or another model of constitutional justice characterized by its own characteristic criteria. Recently, it can be said that the existing models of constitutional justice are combined into a mixed model by integrating their features into the national legislation of a separate state.
{"title":"Models of Constitutional Justice as an Important Element of Constitutional Justice: The Foreign Experience","authors":"L. V. Yun","doi":"10.18572/1812-3791-2021-2-52-54","DOIUrl":"https://doi.org/10.18572/1812-3791-2021-2-52-54","url":null,"abstract":"The article examines the models of the implementation of constitutional justice as an important element of constitutional justice. Each European state is characterized by one or another model of constitutional justice characterized by its own characteristic criteria. Recently, it can be said that the existing models of constitutional justice are combined into a mixed model by integrating their features into the national legislation of a separate state.","PeriodicalId":221748,"journal":{"name":"Russian judge","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121712943","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-04DOI: 10.18572/1812-3791-2021-2-47-51
E. Koroleva
This study reveals the development of the Institute of judicial protection in Russia during all stages of its historical development and formation. The author reveals the following questions: 1. Understanding of judicial protection in legal doctrine and practice. 2. the process of development and formation of the Institute of judicial protection in Russia. 3. The current situation of the Institute of judicial protection in terms of legal reality in Russia. This study will determine that the mechanism for the protection of human and civil rights through the administration of justice is one of the most effective means of protection provided for by current legislation and generally recognized principles and norms of international law. In comparison with other methods, the Institute of judicial protection stands out for its independence, objectivity and impartiality, which allows a comprehensive and complete examination of the available evidence when considering a case in court.
{"title":"History of the Development of the Judicial Defense Institution: The National Experience","authors":"E. Koroleva","doi":"10.18572/1812-3791-2021-2-47-51","DOIUrl":"https://doi.org/10.18572/1812-3791-2021-2-47-51","url":null,"abstract":"This study reveals the development of the Institute of judicial protection in Russia during all stages of its historical development and formation. The author reveals the following questions: 1. Understanding of judicial protection in legal doctrine and practice. 2. the process of development and formation of the Institute of judicial protection in Russia. 3. The current situation of the Institute of judicial protection in terms of legal reality in Russia. This study will determine that the mechanism for the protection of human and civil rights through the administration of justice is one of the most effective means of protection provided for by current legislation and generally recognized principles and norms of international law. In comparison with other methods, the Institute of judicial protection stands out for its independence, objectivity and impartiality, which allows a comprehensive and complete examination of the available evidence when considering a case in court.","PeriodicalId":221748,"journal":{"name":"Russian judge","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134051295","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-04DOI: 10.18572/1812-3791-2021-2-17-23
Yuriy A. Vlasov
In the article deficiencies in the judicially investigation practice during the juridical estimation of the matters about the necessary defense are revealed, the reasons for this phenomenon are analyzed and it is proposed to examine the matters of this category concerning the required participation of the jurors of assessors.
{"title":"Review of Criminal Cases Containing Justifiable Defense Attributes in Jury Trials","authors":"Yuriy A. Vlasov","doi":"10.18572/1812-3791-2021-2-17-23","DOIUrl":"https://doi.org/10.18572/1812-3791-2021-2-17-23","url":null,"abstract":"In the article deficiencies in the judicially investigation practice during the juridical estimation of the matters about the necessary defense are revealed, the reasons for this phenomenon are analyzed and it is proposed to examine the matters of this category concerning the required participation of the jurors of assessors.","PeriodicalId":221748,"journal":{"name":"Russian judge","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121037907","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-02-04DOI: 10.18572/1812-3791-2021-2-36-40
E. Ryabtseva
The activity of councils of judges in Russia is of a systemic nature, including various forms of individual influence on legal relations: opinions, resolutions, consulting on the prevention of corruption, compliance with ethical standards, prevention of conflicts of legal interests, and other reputational risks. The paper considers one of the activities of the councils of judges in the form of preparation of conclusions, which play a significant role in the formation of a uniform law enforcement practice in the process of individual regulation of judicial activity. The conclusions are of an explanatory nature and are taken into account by the qualification collegiums of judges when making decisions regarding judges and candidates for the position of judges. The essence of the conclusions of the councils of judges is substantiated as a kind of individual regulation of legal relations. The analysis of individual conclusions of the councils of judges made it possible to classify various methods of individual regulation in the process of law enforcement. It is concluded that the councils of judges are the subject of law enforcement, which, through individual regulation, provide certainty in the assessment of reputational risks, their prevention and suppression in the behavior of a judge through the interpretation of the principles and norms of law; overcoming conflicts in law; the use of optional, alternative, relatively specific, dispositive, etc. principles and norms of law; overcoming gaps in law; individualization of law in the form of opinions, decisions, consultation.
{"title":"The Role of Judicial Councils as Authorities of the Judicial Community in Individual Regulation of Judicial Activities","authors":"E. Ryabtseva","doi":"10.18572/1812-3791-2021-2-36-40","DOIUrl":"https://doi.org/10.18572/1812-3791-2021-2-36-40","url":null,"abstract":"The activity of councils of judges in Russia is of a systemic nature, including various forms of individual influence on legal relations: opinions, resolutions, consulting on the prevention of corruption, compliance with ethical standards, prevention of conflicts of legal interests, and other reputational risks. The paper considers one of the activities of the councils of judges in the form of preparation of conclusions, which play a significant role in the formation of a uniform law enforcement practice in the process of individual regulation of judicial activity. The conclusions are of an explanatory nature and are taken into account by the qualification collegiums of judges when making decisions regarding judges and candidates for the position of judges. The essence of the conclusions of the councils of judges is substantiated as a kind of individual regulation of legal relations. The analysis of individual conclusions of the councils of judges made it possible to classify various methods of individual regulation in the process of law enforcement. It is concluded that the councils of judges are the subject of law enforcement, which, through individual regulation, provide certainty in the assessment of reputational risks, their prevention and suppression in the behavior of a judge through the interpretation of the principles and norms of law; overcoming conflicts in law; the use of optional, alternative, relatively specific, dispositive, etc. principles and norms of law; overcoming gaps in law; individualization of law in the form of opinions, decisions, consultation.","PeriodicalId":221748,"journal":{"name":"Russian judge","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127046350","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：