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Publications of Solovyev Andrey Aleksandrovich
Legal Studies, 2023-1
Solovyev A.A. - Legal basis of the Supreme Council of Magistracy of the Tunisian Republic and its evolution pp. 43-53

DOI:
10.25136/2409-7136.2023.1.38537

Abstract: The subject of this work is the study of the legal foundations of the activities of the Supreme Council of Magistracy of the Tunisian Republic, which is the highest body of the judicial community of the country. The author dwells on the key normative legal acts regulating the foundations of the legal status of the Supreme Council of Magistracy as a constitutional body, examines its structure, composition and competence. Special attention is paid to the place of the Supreme Council of Magistracy in the political system and the evolution of this body in connection with the crisis of 2010-2011 (the jasmine revolution), reflecting the most difficult compromises between political elites, as well as emerging disputes about competence between different branches of government of the country. During the research, the author used various methods of scientific cognition, both general: analysis, synthesis, logical and structural-functional, and special legal: formal legal, legal modeling method and comparative legal. The novelty of the research lies in the fact that the author for the first time in domestic legal science conducted a comparative study of the legal foundations of the activities of the Supreme Council of Magistracy of the Tunisian Republics, and also considered the evolution of this body in the context of a political crisis. The author comes to the conclusion that the evolution of the legal status of the judicial community of Tunisia is directly related to changes in the political system of this country, is very difficult and is currently far from complete.
Administrative and municipal law, 2023-1
Solovyev A.A. - Foreign Experience of Legal Regulation of the Right of Minors to independently make a Decision on granting Consent for Medical Intervention pp. 59-71

DOI:
10.7256/2454-0595.2023.1.38572

Abstract: The subject of this work is the study of foreign experience in the normative consolidation of the right of minors to independently make decisions on granting consent to medical intervention. The author notes that, despite the substantial guarantees of prompt consideration of such cases provided for by the Code of Administrative Procedure of the Russian Federation, it is obvious that a delay in the implementation of medical intervention may entail serious consequences. In view of the above, the foreign experience of securing out-of-court procedures for obtaining such consent is of significant interest. The article considers examples of regulatory regulation used in certain European (the Republic of Latvia, the Republic of Serbia) and North American (Canada, the United States of America) states.The article considers examples of regulatory regulation used in certain European (the Republic of Latvia, the Republic of Serbia) and North American (Canada, the United States of America) states. During the research, the author used various methods of scientific cognition, both general scientific: analysis, synthesis, logical and structural-functional, and private scientific: formal legal, legal modeling method and comparative legal. The novelty of the research lies in the fact that the author for the first time in Russian legal science conducted a comparative analysis of the normative consolidation of the right of minors to independently make decisions on granting consent to medical intervention. The author comes to the conclusion that the issue of the need to expand the possibilities of minors to give appropriate consent, in relation to the Russian Federation, requires separate study and in the process of this work, foreign experience may well be taken into account.
Legal Studies, 2022-1
Solovyev A.A. - Legal regulation of implementation of measures associated with compulsory medical treatment in certain US states pp. 51-59

DOI:
10.25136/2409-7136.2022.1.36012

Abstract: The subject of this article is the questions of legal regulation of administrative and judicial procedures associated to compulsory medical treatment in the United States. Due to the reference legal regulation in legislation of the states, the research is conducted on the example of Connecticut, Maine, and Florida. Special attention is given to the following aspects: the list of persons who have the right to submit a corresponding request; the requirements for it; the procedure for medical examination of a person, hospitalization, its extension or termination; judicial consideration of the questions of compulsory hospitalization. The novelty lies in carrying out a comparative analysis of the procedures implemented in Connecticut, Maine, and Florida with regards to persons suffering from alcohol and drug addiction, mental illnesses, and active tuberculosis. The conclusion is made that the legislation of the indicated US states effectively combines the administrative and judicial procedures pertinent to compulsory medical treatment.
Legal Studies, 2020-1
Solovyev A.A. - General problems of legal regulation of administrative and judicial procedures related to compulsory medical treatment in foreign countries pp. 10-19

DOI:
10.25136/2409-7136.2020.1.29649

Abstract: The subject of this research is the questions of legal regulation of administrative and judicial procedures related to compulsory medical treatment in foreign countries. Such measures may be applied to persons suffering from dangerous infectious diseases and various addictions; however, in majority of countries are applied to persons with severe mental disorders. The experience of foreign countries in the area of legal regulation on implementation of the indicated procedures differs which requires conducting the comparative legal research. The scientific novelty consists in the fact that the author is first within the Russian legal science to carry out a comparative analysis of the administrative and judicial procedures associated with compulsory medical treatment used abroad. Particularly, the author explores such measures as compulsory ambulatory treatment and forced hospitalization, criteria for determining danger to others, as well as personal rights to individual to whom these measures are applied.
Legal Studies, 2018-1
Solovyev A.A. - Organisation of Judicial Compliance Assessment in Latin American Countries pp. 31-40

DOI:
10.25136/2409-7136.2018.1.23651

Abstract: The article is devoted to analyzing different models of judicial compliance assessment (procedure for judicial test of compliance of legal acts to precedent legal acts) that are executed by judicial authorities of different kind with both general and specific jurisdiction within the framework of constitutional, criminal, civil or administrative legal proceedings (independently or with a later appealing to constitutional courts or other competent judicial authorities). The author of the article focuses on how these models are applied in Latin American countries. Using the methods of analysis, synthesis, comparison, specification, and generalisation the author analyses state models of judicial compliance assessment used by the foreign states as well as approaches to classification of these models. In particular, the author examines the institution of judicial compliance assessment in a number of Latin American countries such as Argentine Republic, Bolivarian Republic of Venezuela, United Mexican States, Republic of Costa Rica, Republic of Ecuador, and Federative Republic of Brazil. In conclusion the author describes advantages of the system of 'disperse' judicial compliance assessment in Latin American countries. 
NB: Administrative Law and Administration Practice, 2018-1
Solovyev A.A. - General Description of the Legal Status of Administrative Legal Proceeding Parties pp. 33-43

DOI:
10.7256/2306-9945.2018.1.23827

Abstract: The article is devoted to the legal status of parties participating in administrative legal proceedings. The rationale of this kind of research is defined, firstly, by the appearance of a new codified procedural legal act, The Administrative Court Procedure Code, in Russia. To obtain validate results in the course of his research, Soloviev has used both general research methods (dialectical method, systems approach, analysis, synthesis, analogy, specification, and generalization) and special research methods (formal law and comparative law methods). The author of the article gives a general description of the legal status of different participants in administrative legal proceedings, focuses on the parties thereto (administrative prosecutor and administrative defendant), studies their basic procedural rights and obligations, and analyzes procedural institutions of replacing an improper administrative denendant and procedural legal succession. As a result, the author concludes that particularities of the legal status of administrative legal proceeding parties are conditioned by specific features of this kind of legal proceedings, first of all, their being oriented at the defense of violated or contested rights, freedoms or legal interests of citizens and organisations in the sphere of administrative or other public legal relationships. 
Administrative and municipal law, 2018-1
Solovyev A.A., Ogneva K.O. - Summary Procedure on Collecting Mandatory Payments and Sanctions: New Laws of the Administrative Court Procedure Code of the Russian Federation pp. 1-13

DOI:
10.7256/2454-0595.2018.1.24227

Abstract: The article is devoted to the analysis of the provisions of the Adinistrative Court Procedure Code of the Russian Federation that relate to a new procedural institution, summary procedure on collecting mandatory payments and sanctions that is performed by the justice of the peace disregarding the amount of claimable sum. To obtain valid research results, the authors have used general research methods (dialectical method, systems approach, analysis, synthesis, analogy, specification, and generalisation) as well as special research methods (formal law and comparative law). The authors analyze the legal nature of relations arising in the process of paying mandatory payments and sanctions and study the two-step procedure of their collection through the court. In addition, the authors also focus on particular procedural questions related to the motion for judgement, requirements for the form and content thereof, grounds for refusal of such application and procedures of delivering, ussing, appealing against and cancelling a court order. As a result of their research, the authors conclude that the procedure of delivering a court order on collection of mandatory payments and sanctions proves to be efficent and summary procedures allow to optimize the caseload and reduce the 'costs' of the justice for initially indisputable requirements. The authors also suggest to view the question about the development of relevant administrative procedures in order to fully exclude indisputable requirements from the scope of judicial control. 
Administrative and municipal law, 2017-6
Solovyev A.A. - Peculiarities of legal regulation of judicial review in the French Republic pp. 1-14

DOI:
10.7256/2454-0595.2017.6.23303

Abstract: The piece studies the issues of legal regulation of judicial review in the French Republic – a state with a highly developed system of administrative jurisdiction. The topicality of this study is determined by, among other things, the appearance of a new codified procedural legal act – the Administrative Procedure Rules – within the Russian legislative system. This act contains the chapter 21 “Proceedings on administrative cases about the contestation of normative acts and acts interpreting the legislation and having regulatory power”. Using the methods of analysis, synthesis, comparison, specification, generalization, the author analyzes the constitutional provisions, related to the problem under consideration, and analyzes the procedure of judicial consideration of a priority problem of defining the constitutional nature in case there are any reports about the provision of law breaching rights and freedoms guaranteed by the Constitution. The author studies the functioning of a three-stage mechanism of such judicial review. The first stage is realized by any judicial authority subordinate to the Council of State or the Court of Cassation. Within the current judicial procedure, a litigating party has the right to bring up an issue about the violation of the constitutional rights and freedoms by a particular provision of law. The second stage takes place in the Court of Cassation or the Council of State, which decide about submitting of the priority problem of defining the constitutional nature of the judicial act to the Constitutional Council. The third stage consists in submitting of this priority issue by the Court of Cassation or the Council of State to the Constitutional Council, which decides, whether the considered provision of law is constitutional or not. Particular attention is given to the problems of participation of the Council of State in the law-making process and judicial review. 
Administrative and municipal law, 2017-3
Solovyev A.A. - On the structure and the composition of the High Council of the Judiciary of the Italian Republic pp. 1-10

DOI:
10.7256/2454-0595.2017.3.22246

Abstract: The article studies the issues connected with the structure of the judicial community body of the Italian Republic – the High Council of the Judiciary – and its composition. The author applies the methods of analysis, synthesis, comparison, specification, and generalization to study constitutional provisions related to this problem, characterizes the magistracy corps of the country, and studies the composition of the High Council of the Judiciary of the Italian Republic and the legal status of its main structural elements. The author studies the Executive Committee, the Disciplinary Commission, the Secretariat, the Department of analytical work and documents. The author also pays attention to other working commissions within the High Council of the Judiciary. Particularly, the author considers the Commission on reporting to the High Council and the commissions on inconsistency, internal procedure, access to the judiciary and mobility, professionalism level estimation, legal proceedings, institutional national and international relations, organization of work of courts, the magistracy of honor, the budget of the Council, organization and maintenance of accounting records, and the Special Commission (Commission of appointment on executive posts). 
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