по
Legal Studies
12+
Journal Menu
> Issues > Rubrics > About journal > Authors > About the Journal > Requirements for publication > Council of editors > Redaction > List of peer reviewers > Review procedure > Policy of publication. Aims & Scope. > Article retraction > Ethics > Legal information
Journals in science databases
About the Journal

MAIN PAGE > Journal "Legal Studies" > Rubric "JUDICIAL POWER"
JUDICIAL POWER
Bakradze A.A., Aminov D.I. - ON THE POSSIBILITY OF IMPLEMENTATION OF THE PRINCIPLES OF INDEPENDENCE AND COMPETITIVENESS IN CRIMINAL PROCEEDINGS pp. 1-15

DOI:
10.7256/2409-7136.2015.6.14775

Abstract: The authors offer the ways of implementation of principles of independence and competitiveness in criminal proceedings as a governmental activity in the sphere of justice which saliently forms the citizens’ comprehension of the existing level of social justice. In the authors’ opinion, the observation of certain conditions in the activity of judicial and law enforcement bodies would enhance their efficiency, in particular: 1) would exempt legislative bodies from participation in bureaucratic “games”; 2) the level of accessibility of justice for citizens would significantly increase; 3) the confidence of citizens in the possibility of their rights and interests defending would strengthen; 5) citizens would more actively assist the authorities in combating crime; 5) the workload of public administration would significantly decrease due to activization of internal potential of public and business institutions in combating crimes, etc. The methodology of the research is based on the general and special methods of scientific cognition: the methods of empirical research (observation, comparison, collection and analysis of data), analysis and synthesis of theoretical and practical material. The authors analyze normative-legal acts, educational literature, special literature, statistical data and law enforcement practice. The authors offer the ways of implementation of principles of independence and competitiveness in criminal proceedings by means of formation of political will capable of improvement of the ideology of an official in relation to the role of legal proceedings in the country, effective prohibition of “telephone law”, development of the institute of advocatory investigation, public expertise of criminal cases, enhancement of professionalism of the prosecution. 
Nokhrin D. - Judicial independence in Russia: doctrinal approaches and the role of the Constitutional Court of the Russian Federation in its strengthening pp. 1-29

DOI:
10.25136/2409-7136.2017.7.19633

Abstract: The author attempts to comprehensively analyze such legal category as judiciary independence and outline its main aspects and limits with regard to various levels of the judiciary. Judicial independence is described as a complex multi-aspect phenomenon, determined by the complexity of the very phenomenon of the judiciary. The author studies the independence feature in relation to each level of organization (realization) of the judiciary, detects the aspects of independence, describes the constitutional guarantees of its realization. Special attention is given to the legal positions of the Constitutional Court. The research is based on the methodology of the system approach. The author relies on the understanding of the judiciary as a complex multilayer socio-political system (subsystem of the state). The author also uses formal-logical research methods. The paper contains the author’s attempt to comprehensively analyze the constitutional-legal grounds of judicial independence and the role of the decisions of the Constitutional Court in the formation of the guarantees of judicial independence. The author concludes about the growing importance of judicial review of constitutionality determining the development of Russian judicial system in the direction of more transparent, independent and fair judicial procedure enjoying the confidence of most citizens. 
Bagautdinov R.R. - Civil process principles in the context of unification of civil and arbitration proceedings in the Russian Federation pp. 1-7

DOI:
10.7256/2409-7136.2017.4.21589

Abstract: The paper analyzes the problem of unification of civil and arbitration proceedings in the Russian Federation caused by the absence of due attention to procedural principles, the need for their harmonization, and provision of their coherence. The author suggests considering these principles in a whole, taking into account the social and liberal concepts applied to material and procedural law. The author points at the theses about “differentiation” and “imbalance” of legal regulation and the necessity to level the negative consequences of these phenomena when preparing the unified civil proceedings code of the Russian Federation. The research methodology is based on general scientific and specific research methods: the dialectical method, the method of formal logic, the formal-legal method, analysis and synthesis, the comparative-legal, system and historical methods. The author concludes that there exist integrative processes, promoting unification of civil and arbitration provisions, and the factors determining the specification of provisions as a result of evolution of the structure and the content of legal regulation of particular procedural relations expressed in the concepts of “differentiation” and “imbalance”. The author suggests using the procedural principles, their coherence and belonging to a certain concept, as a means of harmonization and minimization of collisions. The author formulates the criterion for the systematization of the principles in order to restrict the context regulation of particular procedural relations. 
Solovyev A.A. - The structure of the General Council of the Judiciary of Spain and the procedure of its formation pp. 1-9

DOI:
10.7256/2409-7136.2017.3.22140

Abstract: The paper studies the General Council of the Judiciary of Spain, the independent collegiate constitutional body responsible for the judicial system management for the purpose of the judges’ independence provision. The author considers the key regulatory instruments, formalizing the fundamentals of the Spanish judicial system, characterizes the judiciary of Spain, studies the peculiarities of the legal status of various categories of judges (commissioners and professional judges), magistrates (judges of the highest judicial bodies), and presidents of courts. The author applies different methods of scientific cognition including analysis, synthesis, comparison, abstraction, specification and generalization. The author describes the structure of the General Council of the Judiciary of Spain and the procedure of its formation including the appointment of the members of the Council (the judiciary and other persons), their accession to office, tenure, substitution and termination of powers. Special attention is given to the Election Commission, a body responsible for the formation of the Council and managing any issues related to the nomination of candidates to the General Council from among the judges. 
Shigurov A.V. - Closed procedure of the jury formation during the preparatory part of court proceedings: critical analysis pp. 1-10

DOI:
10.25136/2409-7136.2017.10.23825

Abstract: The research subject is the rule of closed procedure of the preparatory part of court proceedings at the stage of the jury formation. The author studies legal regulation of this sphere in the Criminal Procedure Code of Russia, the RSFSR and legislation of foreign countries (the USA and Spain), and the judicial practice of realization of this rule according to the Criminal Procedure Code of Russia and the RSFSR. The article analyzes the procedure of formation of the jury from the position of the need to close it to protect the rights and freedoms of the parties guaranteed by the Constitution, and to guarantee the legality and feasibility of the judicial decision. The research is based on the dialectical method. Besides, the author uses the formal-legal, historical-legal and comparative-legal methods. The author concludes that the legislator has established unreasonably wide limits of the principle of publicity for the jury formation. The protection of the values, guaranteed by the Constitution of Russia (private life, personal and family secrets, life and health of the jury candidates), doesn’t require closing the jury formation procedure in all criminal cases. The author offers excluding part 23 from the article 328 of the Criminal Procedure Code of Russia. The current version of the article 241 of the Code allows the court to decide to close the part of the proceedings, which is connected with legally protected information, in the context of a particular situation. Using the practice, which has formed by 2002, it is reasonable to provide for the possibility not to put the public out of court, but to offer the interested parties to approach the presiding judge and to deliver questions and answers with such strength of tone for other persons, who are not the parties to the proceedings, not to hear them. 
Shigurov A.V. - The problems of implementation of the random sampling principle in the jury formation in Russian criminal proceedings pp. 7-15

DOI:
10.7256/2409-7136.2016.3.17907

Abstract: The article contains the critical analysis of the procedure of formation of a preliminary list of candidates to the jury. The author studies such its drawback s as the lack of guarantees of the random sampling principle observance and its isolation from the sides. The author develops the procedure of a preliminary list of candidates formation which should allow the sides and the superior court to control the observance of the law, whereas the current legislation doesn’t contain the guarantees of a list of candidates formation on the base of the random sampling principle. The author carries out the comparative analysis of the methods of selection of candidates and generalizes the judicial practice on the issues of formation of a preliminary list of candidates to the jury. The author substantiates the following suggestions: 1) to legislate the selection of candidates to the jury with the use of computer programs; 2) to vest the sides with the right to attend the procedure of formation of preliminary lists; 3) to record the procedure and the results of selection of candidates. 
Belikova K.M., Akhmadova M.A. - Arbitration of Investment Disputes as the Main Guarantee for Civil Law Defense of Chinese Investors pp. 10-18

DOI:
10.25136/2409-7136.2018.7.26838

Abstract: In this article the authors try to cast light on the approaches of Chinese legislators to the protection of investors in Chinese and arbitration courts including international courts. For this purpose, the authors analyze the provisions of the laws of 1979, 1988 and 1986 on joint ventures (share and cooperative) and foreign companies. The authors relate analysis of investment disputes to the kinds of investment disputes and attribution of the investor (internal or external). The authors aso cover the provisions of the intergovernmental agreement between China and Russia. In their research the authors have used such research methods as general dialectical method, historical and comparative law analysis. The authors base their research on the subjective-objective set course of processes and phenomena. The novelty of the research is caused by the fact that the authors analyze arbitration resolvement of investment debates from the point of view of civil law guarantees of investor protection. As a result of the research, the authors conclude that creation of the alternative to state courts, i.e. arbitration resolution of investment disputes, is one of the most important guarantees of a foreign investor rights' protection.  
Kuznetsov E.N. - pp. 10-20

DOI:
10.25136/2409-7136.2018.10.27595

Abstract:
Strelkova I.I. - Rules of distribution of powers of citizens' bankruptcy courts pp. 16-31

DOI:
10.7256/2409-7136.2015.4.14541

Abstract: The object of the research includes the actual changes in legal regulation of insolvency (bankruptcy) connected with the introduction of institution of bankruptcy of natural persons without a status of an individual entrepreneur, and the transfer of consumer bankruptcy cases to the competence of the courts of general jurisdiction. Special attention is paid to the analysis of standards of the Code of civil procedure of the Russian Federation and the Arbitration procedural code of the Russian Federation, differentiating the powers of courts and arbitration courts on cases of insolvency (bankruptcy), to the questions of jurisdiction of citizens' bankruptcy cases, their exclusive and territorial  jurisdiction. The methodology of the research is based on the complex analysis of the regulations of Russian legislation concerning the jurisdiction of citizens' bankruptcy cases, and the provisions of the Concept of the unified Code of civil procedure of the Russian Federation about the competence of the courts. The author comes to the conclusion that the reforming of judicial system in a result of the Supreme Arbitration Court of the Russian Federation abolition, and the activities aimed at the unification of civil and arbitration proceedings reveal a tendency to a further merge of courts and arbitration courts. Under these circumstances the exclusive  jurisdiction institution should serve as a mechanism of their powers distribution. The novelty of the research lies in the fact that the author suggests the usage of the term "jurisdiction" in the Code of civil procedure of the Russian Federation in order to differentiate the powers of courts from the powers of arbitration courts.
Abdulin R.S. - The Establishment of Terminology and Terminological System of Court Administration: Aspects of Correlation pp. 19-27

DOI:
10.25136/2409-7136.2018.7.21040

Abstract: In his article Abdulin analyzes and summarizes the problems of formation of terminology and terminological system of judicial control. The point of view of the author as to the origin of the terms of judicial control, and their status is disclosed, and so are the achievements and shortcomings of the Soviet period terminological research in the field of judicial administration. The author believes that the terminological framework of judicial control formed during the Soviet period is the bearer of collective professional-scientific memory as terminological system of the area of government has a long history and tradition. The theoretical and methodological background to the research is the methods and principles used in both history and law. In his research Abdulin has applied both general and special research methods, individually or combined, such as analysis and synthesis, abstraction, structured systems analysis, historical genetic analysis, comparative law analysis, typological analysis, etc. The scientific novelty of the research is caused by the fact that the article presents the results of a complex interdisciplinary research that demonstrates the development and historical correlation of the terminological framework of judicial control from the point of view of the development of judicial administration in Russia. Based on the analysis of particular historical materials, the author describes the origin of the first terms and definitions of judicial administration as well as formation and development of the terminological framework of judicial administration in pre-revolutionary, Soviet and modern periods. 
Panokin A.M. - Fundamental Principles of Appeal in Criminal Proceedings pp. 26-45

DOI:
10.25136/2409-7136.2017.8.23816

Abstract: In the article, the author analyses the notion, definition and the classification of the fundamental principles of appeal proceedings. The author proposes a retrospective analysis of pre-revolutionary, Soviet and modern Russian legal doctrines, which define in different ways the fundamental principles of the control and review stages of criminal procedure. The author reveals the correlation between the fundamental principles of appeal proceedings and the principles of criminal procedure and the context of general court proceedings.The author considers the peculiarities of implementation of a theoretical construct of the fundamental principles of revision of decisions of court, which haven’t yet become effective in law. This construct had been formalized in Russian legal doctrine, legislation and law enforcement practice in different periods of development of Russian criminal procedure. The importance of the legal standing of the European Court of Human Rights and the Constitutional Court of the Russian Federation, as well as of the interpretation of the Plenum of the Supreme Court of the Russian Federation and of the court rulings that give substance to the fundamental principles of the appeal procedure is emphasized. The author analyzes particular fundamental principles of the appeal proceedings in criminal procedure. The subject of the article determines the application of a number of general scientific methods (system analysis, description of empiric material, comparison and generalization), and special methods (historic and legal analysis, generalization of the law enforcement practice and technical and legal analysis). Study of the essence of the fundamental principles of appeal proceedings allowes the author to conclude that appeal is the main method of revision of decisions of court. In this regard, the author proposes certain areas of reforming the revision of decisions of court, which haven't yet become ef fective in law, consisting in a more consistent implementation of fundamental principles of appeal proceedings.
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. 
Yarovenko V.V., Vereshchagina A.V. - The language of criminal procedure in the Republic of Uzbekistan pp. 38-46

DOI:
10.7256/2409-7136.2017.4.22162

Abstract: The authors analyze the normative model of the language of criminal procedure in the Republic of Uzbekistan. The institution of the language of criminal procedure of Uzbekistan consists of three interconnected components: the principle, the procedural statuses of the parts to criminal procedure, and the guarantees of the enjoyment of the right to use the native language of the trial participant or the language he or she can speak. The Uzbek variant of the principle is analogous to the Soviet one and contains the possibility to use any language during criminal procedure, despite the fact that the Constitution of the Republic formalizes the only state language – Uzbek. The procedural statuses of the subjects don’t comply with the essence of the concept of the language of criminal procedure, since officially not all trial participants enjoy the right to use the native language or the language they can speak. There are difference guarantees of this right. The authors apply different methods, including historical, formal logical and comparative methods of cognition. The set of research methods helps comprehensively analyze the institution and formulate the substantiated conclusions. The Uzbek institution of the language criminal procedure hasn’t been studied yet. The main instrument of guaranteeing the right to use the native language or the language a person can speak is the institution of interpreters. In the authors’ opinion, the model of the institution of interpreters needs to be corrected due to some defects. Firstly, the legislation doesn’t contain any legal definition of the term “interpreter”. Secondly, the legislation doesn’t systematize the grounds and the procedure of interpreters’ participation in the procedure. Thirdly, there are gaps in the regulation of their statuses. All the revealed drawbacks of the normative model of the institution of language can affect the law enforcement practice and the observation of rights of the participants of the criminal procedure, so it would be better to eliminate them. 
Nasonov S. . - The European models of proceeding in jury trials: jury trial in Austria (comparative legal study) pp. 41-52

DOI:
10.7256/2409-7136.2016.9.19911

Abstract: The article is devoted to the specificity of proceeding in jury according to the Austrian CCP, adopted in 1975 (with amendments of 2016) as a kind of a European model of this procedure. These features are considered from a comparative legal aspect and compared with the same procedure, contained in the Russian CCP.Proceeding in jury trial in Austria is an example of a continental type of this form of hearing of a case, and this is a factor conditioning the significant differences between this procedure and the same one established by the Russian CCP. The presiding judge possesses a wide discretion in the field of proving. The features of the judicial enquiry in jury in Austria are the following: examination of evidences begins with the questioning of the accused; the procedures of examination of evidences of the defense and the prosecution are equal; a wide examination of information about a personality of an accused before the jury. The article notes the specificity of a stage of putting questions before the jury (there exist four types of questions), the specificity of the summing-up of the judge (he gives it in the jury-room and doesn’t speak on a factual side of a case), the specificity of the jury's deliberation when they have to give a short explanation of their answers, and the opportunity of a panel of professional judges to attend the jury's deliberation. The article suggests the possibility of reception of certain elements of the Austrian model of proceeding in jury trial by the Russian legislation.
Nasonov S. . - Historical typologization of criminal proceedings in jury trials: concept, approaches, significance pp. 46-57

DOI:
10.25136/2409-7136.2017.8.23701

Abstract: The article is devoted to the historical typologization of criminal proceedings in jury trials. The author notes that the essence of the jury trial requires its realization in the legislative regulation and judicial practice of the concrete historical models of trial by jury. However, each specific model of proceeding in a jury trial is formed and functions in the context of the evolution of a certain legal system, as a result of which it inevitably comes under the influence of a group of factors that affects the specificity of realization of these features. The identical nature of a number of such factors leads to the emergence of models of proceedings in the jury trial which are similar in the specificity of their legal constructions.The article critically examines the approaches to the historical typologization of proceedings in jury trials in pre-revolutionary and modern procedural literature. In the author's opinion, the complex basis of the typology of historical forms of proceedings in the jury trial is determined by a certain type of criminal process, its historical form, and also the ideology (direction) of the transformation of the theoretical (ideal) model of such proceeding.The totality of the concrete historical features of proceeding in the jury trial constitutes a typical historical (morphological) model of such proceeding, and its implementation in the legislation of the particular state (in the particular historical period) is a particular historical form (the legislative form) of proceeding in the jury trial.The author notes that there exist three typical historical (morphological) models of proceedings in jury trial: Anglo-American, Continental and Combined (mixed).The author concludes that the study of historical models of proceedings in jury trial is significant for finding the ways to improve this form of legal proceedings in modern Russia.
Chuklova E.V. - On the concept, features and forms of administrative procedure enforcement pp. 46-54

DOI:
10.25136/2409-7136.2017.11.24152

Abstract: The research subject is the institution of administrative procedure enforcement. The author defines its concept, studies its features and forms. In the author’s opinion, administrative and procedure enforcement has the following forms: measures of procedural protection (including protection, responsibility and security measures) and injunctions. The author compares the forms of administrative procedure enforcement, points out their common features and peculiarities. As the common features, the author mentions public enforcement character, normative formalization, existence within a legal relationship; peculiarities consist in the reasons for use, content, reasons for immunity and exceptions. The study is based on the dialectical method of cognition of social phenomena and the related general scientific and specific methods: comparative-legal, formal-legal, functional, system and others. The author formulates conclusions about the concept of administrative procedure enforcement and existence of injunctions, which have different reasons for use, different content, reasons for immunity and exceptions. The article is a part of the research project of Russian Foundation for Basic Research No 16-33-00017 “Complex intersectoral institution of legal responsibility: concept, structure, interrelations and place in the system of law”. 
Lipinsky D.A., Stankin A.N. - On the role of the Constitutional Court’s judgements in the formation of the system of constitutional responsibility pp. 50-62

DOI:
10.7256/2409-7136.2016.10.1946

Abstract: The research object is constitutional responsibility as one of the key elements of civil society and a law-bound state. Based on the Constitutional Court’s judgements, the author develops the idea of the independence of constitutional responsibility as a form of legal responsibility. The author analyzes certain manifestations – constitutional responsibility measures: amotion and restriction of the right to vote. Such presentation of a problem can serve as an impetus for further studies in this sphere. The article substantiates the interdependence between civil society and a law-bound state. The author applies dialectical, comparative-legal and formal-legal methods, the system approach, the method of abstraction. Based on the judgements of the Constitutional Court of the Russian Federation, the author concludes that constitutional responsibility is not limited to the negative aspect; it also has a positive character which is not connected with constitutional offences. But without a negative side, the positive aspect becomes weak or meaningless, therefore negative constitutional responsibility serves as a means of ensuring positive responsibility.The judgements of the Constitutional Court of the Russian Federation assert and prove two blocks within the system of constitutional responsibility: the positive and the negative one. This division happens on the macro-level of constitutional responsibility. They also predetermine the division of constitutional responsibility on the macro-level into the federal constitutional responsibility and the responsibility of the territorial units of the Russian Federation. The micro-level of constitutional responsibility is characterized by such substitutes as the responsibility of: President, Government, Federal Assembly, and the responsibility in the sphere of constitutional relations. The study is supported by the Russian Foundation for Humanities, project No. 16-33-00017 “A comprehensive, interdisciplinary institution of legal responsibility: the concept, structure, interrelations and the role within the system of law”. 
Idirov Y. - The legal status of an investigating judge in the Republic of Kazakhstan pp. 53-57

DOI:
10.7256/2409-7136.2016.9.19996

Abstract: The research subject is the legal status of an investigating judge, introduced in criminal procedure in the Republic of Kazakhstan in 2015. The author describes the range of potential problems with the order of service of an investigating judge according to the Criminal Procedure Code of Kazakhstan; gives the examples of court practice of West Kazakhstan region. The author specifies the problems within an investigating judge’s jurisdiction, his competence and authority to consider the cases on a pre-trial stage. The author applies various research methods including the general scientific and the comparative ones. The author offers establishing the period of service of an investigation judge for improving stability and creating the scope of judicial practice. The author emphasizes that the election of an investigating judge by the judges from among their colleagues, instead of the appointment by the court president without regard to the opinion of the judiciary, would be one of the first steps on the road to establishing elective judiciary in the country. 
Shkurova P.D. - Electronic document as an independent means of proving in civil and administrative proceedings pp. 58-68

DOI:
10.25136/2409-7136.2017.8.23766

Abstract: The research subject is the provisions of the current legislation on electronic documents. The research object is particular problems connected with the procedure of obtaining and examining an electronic document in the context of its specificity. The author studies the aspects of the topic connected with the provision with the information contained on the hard disk of the computer, the study of the hard disk, and the recognition of correspondence via WhatsApp as inadmissible evidence. Particular attention is paid to the exclusion of an electronic document from the existing list of written evidence in civil and administrative proceedings. The author substantiates the consolidation of an open, non-exhaustive list of means of proving in civil and administrative proceedings. The author notes that in some normative legal acts the legislator somehow endues electronic documents with lower evidentiary strength compared with written evidence.The methodological basis of the study is represented by the following methods: the dialectical method of scientific cognition, the method of formal logic, the formal-legal method, the methods of analysis and synthesis, comparative legal, system and historical methods.The author defines the status of an electronic document in civil and administrative proceedings, formulates the proposals for formalization of an open list of evidence in article 59 of the Administrative Procedure Rules and at adoption of Chapter 6 of the Unified Сode of civil procedure. A special contribution of the author to the research of the topic is substantiation of exclusion of an electronic document from the list of written evidence in the Civil Procedure Code, the Arbitration Procedure Code and the Administrative Procedure Rules. Provisions of part 3 article 75 of the Arbitration Procedure Code and parts 1.1 article 70 of Administrative Procedure Rules should be taken into account when adopting the Unified Civil Procedure Code and amending the Administrative Procedure Rules. Special reasons and procedure of adoption of electronic documents as evidence should result in the special procedure of their examination, different from the procedure of examination of written evidences. 
Golovkova A.Y. - Constitutional judicial proceedings as a special circumstance of proving pp. 63-69

DOI:
10.7256/2409-7136.2016.10.2042

Abstract: The paper studies the influence of the specificity of constitutional judicial proceedings as a certain circumstance, used for legal matters resolving, on the process of proving, particularly, the subject of proving and the evidences. The author studies the peculiarities of the process of proving in constitutional legal proceedings and compares it with similar matters in other legal proceedings. The author notes that the understanding of proving and evidences, typical for the legal science, is limited to the approaches, established in relation to judicial proceedings aimed at resolving the matters of a fact. Using the system, comparative-legal and formal-legal analysis, the author outlines the central problem of the article. Based on the peculiarities of constitutional judicial proceedings, the author concludes that proving in this type of judicial proceedings doesn’t conform to a traditional understanding of proving in other branches of law; therefore, there is a necessity to develop a more detailed normative regulation of this very branch of procedural law, thus improving the mechanism of realization of the personal right to judicial protection by means of constitutional judicial proceedings. 
Prizhennikova A.N. - Perspectives of development of the specialized courts in Russia. pp. 116-129

DOI:
10.7256/2305-9699.2014.6.11845

Abstract: The article is devoted to the topical issues of formation and development of the specialized courts in Russia. Within the framework of the judicial reform it is offered to introduce specialized courts. The author provides specific proposals for the amendments of the current Russian legislation on these matters.  The Federal Constitutional Law "On the Judicial System of the Russian Federation" provides for the possibility of institution of the specialized courts (Art. 26). There are two main categories of courts: general courts (courts of general jurisdiction) and specialized courts.  There are several ways for including specialized courts into the judicial system.  The scientific environment lacks an unified opinion on the formation of specialized courts. Some scientists speak against the formation of specialized courts. Others are in favor of formation of the specialized courts.  That is why, this issue remains topical. The author makes a conclusion that specialized courts are necessary. Firstly, the presence of specialized courts is an evidence of democracy in the national judicial system within the framework of the rule of law state.  Secondly, formation of the specialized courts shall facilitate the improvement of quality of judicial decisions, less mistakes in the judicial sphere, and wider scope of judicial protection for the citizens.  The criteria for the specialization of the courts may be based upon the object, subject, procedural form, specialized (legislative) basis for the issues of regulation of specialized courts. The author responds to the question whether Russia needs specialized courts.
Other our sites:
Official Website of NOTA BENE / Aurora Group s.r.o.
"History Illustrated" Website