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Publications of Abdulvaliev Almaz Firzyarovich
Legal Studies, 2022-6
Abdulvaliev A.F. - Geographical approach to determining access to justice in criminal cases (on the example of district courts of the Kurgan region) pp. 22-36

DOI:
10.25136/2409-7136.2022.6.37696

Abstract: The purpose of this study is to test the extent to which courts of general jurisdiction in some regions of the Russian Federation are accessible to the population from a geographical point of view. The object of the study was the district courts of general jurisdiction located in the district centers of the Kurgan region, and their remoteness from the locations of local governments, law enforcement agencies, airports, bus stations and railway stations. The main research methods were the geoinformation method, the cartographic method, as well as the comparative legal method, including the analysis of the norms of the criminal procedure legislation of the Russian Federation and judicial practice. The application of the geographical approach made it possible to establish in various aspects how accessible the courts of general jurisdiction are to the population living in various municipal districts of the Kurgan region.   The conducted research revealed a number of problems related to ensuring access to justice for the local population. Despite the fact that most of the district courts of general jurisdiction in municipal districts are located within walking distance from local self-government and law enforcement bodies nearby in the district center and have good transport links with bus stations, railway stations and air terminals, yet 1/10 of the district courts remain inaccessible to the population due to remoteness and lack of good and permanent transport communication. In addition, the underdeveloped air communication of the Kurgan region with other regions of Russia does not contribute to ensuring high-quality access to justice.
Law and Politics, 2020-4
Abdulvaliev A.F. - Geography of the appellate courts of general jurisdiction in Russia: problems of providing access to justice in revision of criminal cases pp. 59-69

DOI:
10.7256/2454-0706.2020.4.32385

Abstract: The subject of this research is the study of the work of appellate courts of general jurisdiction on revision of criminal cases in higher jurisdiction courts based on the position of their of their geographical location on the territory of the Russian Federation. The five newly formed appellate courts of general jurisdiction do not fully contribute to realization of such principle of criminal procedure as independence of judges, as well as adherence to the requirements on directness and oral nature of judicial proceedings. The goal of this article is to examine the positions of the current appellate courts of general jurisdiction from geographical perspective. For a deeper examination of the appellate peculiarity, the scientific research into this problem was carried out with consideration of the geographical specificity of the territory of Russia and its regions, and thus the level of development of logistical infrastructure in the constituent entities of the Russian Federation. The scientific novelty consists in the original proposal for creation of twelve appellate courts of general jurisdiction throughout the territory of the Russian Federation with their permanent placement in cities not currently handled by other judicial institutions of higher jurisdiction. Such new approach should fully the citizens’ right to access justice, and also ensure the principle of independence of judges.
Law and Politics, 2020-4
Abdulvaliev A.F. - Geography of the appellate courts of general jurisdiction in Russia: problems of providing access to justice in revision of criminal cases pp. 59-69

DOI:
10.7256/2454-0706.2020.4.43318

Abstract: The subject of this research is the study of the work of appellate courts of general jurisdiction on revision of criminal cases in higher jurisdiction courts based on the position of their of their geographical location on the territory of the Russian Federation. The five newly formed appellate courts of general jurisdiction do not fully contribute to realization of such principle of criminal procedure as independence of judges, as well as adherence to the requirements on directness and oral nature of judicial proceedings. The goal of this article is to examine the positions of the current appellate courts of general jurisdiction from geographical perspective. For a deeper examination of the appellate peculiarity, the scientific research into this problem was carried out with consideration of the geographical specificity of the territory of Russia and its regions, and thus the level of development of logistical infrastructure in the constituent entities of the Russian Federation. The scientific novelty consists in the original proposal for creation of twelve appellate courts of general jurisdiction throughout the territory of the Russian Federation with their permanent placement in cities not currently handled by other judicial institutions of higher jurisdiction. Such new approach should fully the citizens’ right to access justice, and also ensure the principle of independence of judges.
Law and Politics, 2019-3
Abdulvaliev A.F., Danilova S.V. - Legal support mechanisms for indigenous minorities of the North pp. 97-107

DOI:
10.7256/2454-0706.2019.3.29206

Abstract: This article explores the federal and regional mechanisms aimed at legal support of indigenous minorities of the North. The relevance of this topic is substantiated by the isolated living of indigenous people and multiple unresolved issues associated with preservation of ethnic peculiarities, including the questions of legal regulation of their activities. The goal of the work lies in assessment of the legal support mechanisms for indigenous peoples of the North as the government assistance to the development of traditional economy, and prevention of criminal behavior among this population group. The authors conclude that the applied mechanisms for maintenance and preservation of cultural heritage of indigenous minorities of the North are somewhat tentative, carry signs of formalism, and testify to the incomprehensive study of the problem, including from the perspective of criminal law. There is a likelihood of ethnic separatism among the indigenous population. Based on the detected problems, the authors formulate recommendations on improving the existing mechanisms of legal support of indigenous peoples, as well as suggest the new legal solutions.
Law and Politics, 2019-3
Abdulvaliev A.F., Danilova S.V. - Legal support mechanisms for indigenous minorities of the North pp. 97-107

DOI:
10.7256/2454-0706.2019.3.43223

Abstract: This article explores the federal and regional mechanisms aimed at legal support of indigenous minorities of the North. The relevance of this topic is substantiated by the isolated living of indigenous people and multiple unresolved issues associated with preservation of ethnic peculiarities, including the questions of legal regulation of their activities. The goal of the work lies in assessment of the legal support mechanisms for indigenous peoples of the North as the government assistance to the development of traditional economy, and prevention of criminal behavior among this population group. The authors conclude that the applied mechanisms for maintenance and preservation of cultural heritage of indigenous minorities of the North are somewhat tentative, carry signs of formalism, and testify to the incomprehensive study of the problem, including from the perspective of criminal law. There is a likelihood of ethnic separatism among the indigenous population. Based on the detected problems, the authors formulate recommendations on improving the existing mechanisms of legal support of indigenous peoples, as well as suggest the new legal solutions.
Politics and Society, 2015-8
Abdulvaliev A.F. - Special Geographical Settings as Factors Influencing the Criminal Judicial Proceedings

DOI:
10.7256/2454-0684.2015.8.16021

Abstract: The object of the present study is the question of how such geographical settings as territorial remoteness and transport accessibility influence the criminal procedure. The author attempts to consider the essence of geographical determinism and its role in the criminal procedure, in particular - its impact on the stage of judicial proceeding. The author thoroughly examines the issues of the access to justice for the participants of the criminal procedure (the victim, the witness and the defendant) who live in places isolated from the trial's location and in regions with poor transport infrastructure. Methodologically and theoretically the present study is based on the comprehensive analysis and systems approach to the examination of verdicts containing data about special geographical settings that influenced the judicial proceeding. There are separate examples of how the territorial remoteness impacts the legal relations in the field of criminal law and penal law. Academic novelty of the study lies in the examination of influence of certain aspects of geographical determinism on the criminal procedure. These studies allow the author to make judgements regarding the necessity to improve the criminal procedure legislation of Russian Federation in order to regulate various procedural acts, taking into account special geographical settings, as well as the expediency of further research on geographical determinism as a factor that to some extent impacts criminal and criminal procedural relations. 
Legal Studies, 2013-5
Abdulvaliev A.F. - Prerequisites and perspectives of introduction an digital form of a criminal case into the activities of judicial bodies. pp. 150-164

DOI:
10.7256/2305-9699.2013.5.345

Abstract: The goal of this work is to study a digital form of a criminal case and to establish the prerequisites for the use of this technology by the courts in judicial criminal procedure and establishing legal, technical and social barriers precluding its introduction.  The author uses analysis of criminal legal norms, federal target programs, opinions of legal scholars and practicing lawyers  on the possibilities for the introduction and use of modern digital technologies into the activities of judicial bodies as a method for his studies.  The author draws a conclusion that a number of scientists and practicing lawyers prefer new and progressive technologies  in criminal procedure, including in the form of digital criminal case. The federal target programs on development of the judicial system in the Russian Federation also contain a number of prerequisites, pushing the judicial reform to introduction of judicial case files.  In the opinion of the author it is more viable to form federal target programs for the pre-trial proceedings on criminal cases. The existing provisions of criminal procedural legislation on the use of modern technologies shall allow to test new digital cases within the next decade without the need for significant amendments of the Criminal Procedural Code of the Russian Federation. However,   there shall be a need for legislative regulation of the possibilities for the use of this technologies, to eliminate the barriers, and to resolve the problems which could appear due to introduction of digital criminal case file.
Law and Politics, 2013-1
Abdulvaliev A.F. -

DOI:
10.7256/2454-0706.2013.1.7137

Abstract:
Law and Politics, 2013-1
Abdulvaliev A.F. -

DOI:
10.7256/2454-0706.2013.1.42152

Abstract:
Law and Politics, 2009-7
Abdulvaliev A.F. -
Abstract:
Law and Politics, 2009-7
Abdulvaliev A.F. -
Abstract:
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