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MAIN PAGE > Journal "Legal Studies" > Rubric "Judiciary reform"
Judiciary reform
Prizhennikova A.N. - Alternative dispute resolution: topical issues. pp. 1-10

DOI:
10.7256/2305-9699.2013.12.1028

Abstract: Mediation is recognized as one of the procedures for alternative dispute resolution. The mediation procedure is the most accessible, and it is aimed at the search for the mutual understanding.  Currently in Russia there is a public discussion on whether mediation may be applied to public law disputes, and, more specifically, in the tax cases.  The peaceful settlements on such cases may include recognition of the situation in question by the parties, agreement of the parties, qualifying the deal concluded by a party to the case, his status, or t type of his activities, total or partial refusal to sustain a claim, including the situations, when it is due to the parties reaching agreement upon the evaluation of the situation in whole or in part. The Recommendation of the Committee of Ministers of the Council of Europe of September 5, 2001 N. Rec. (2001)9 on alternative means of dispute resolution between the administrative bodies and private persons refers to the active use of conciliatory procedures in public law disputes. Based upon the analysis of the foreign experience the author draws a conclusion that such a procedure may be used in all of the spheres of law, including administrative relations.  The author considers that our society needs mediation.  This procedure should be popularized.
Idirov Y. - Investigating judge in the draft of the new Criminal Procedural Code of the Republic of Kazakhstan pp. 14-26

DOI:
10.7256/2305-9699.2013.9.9555

Abstract: In this article the author analyzes the draft of the new Criminal Procedural Code of the Republic of Kazakhstan, which is currently being discussed by the public, in part of introduction of the institution of investigating judge into the criminal judicial procedure of the state. The author points out specific topical issues due to the formulae used in some of norms of the draft and describes positions of legal scholars and legal practitioners on these innovations.  Much attention is paid to the fact that the power to sanction the secret investigation actions remained with the prosecutor. Taking the CIS state as an example (such as Ukraine, Moldova, and Russia), the author expresses an opinion on the need to transfer these powers to the investigating judges, since they touch upon constitutional rights and freedoms of the people.  The legislative draft shall be viewed by the Parliament of the state before the end of 2013.Keywords: draft Criminal Procedural Code of the Republic of Kazakhstan, investigating judge, court, prosecution, criminal process, sanction, operative judicial control, powers, secret investigative activities.
Eseva E.Y. - Guarantees of impartiality of the Russian court. pp. 49-61
Abstract: The  article is devoted to the problem of implementation of the right of parties to challenge to remove the trial judge in a civil judicial proceedings. The modern Russian legislation in the sphere of implementation of the rights of citizens to judicial protection of their rights and freedoms, and the right to a fair and impartial trial was analyzed by the author. The institution of disqualification of a judge considered from the perspective of a functional vector, not as a formal standard, but rather as legal means for the proper and timely consideration and resolution of civil cases. The author is discussing irrationality and inefficiency of the institution in the modern civil procedure, and the need to amend legislation on the basis of universally recognized principles of international law.
Strelkova I.I. - Jurisdiction over Cases of Consumer Bankruptcy: the Institution History and Future Development pp. 92-107
Abstract: The artice is devoted to a topical issue about introducing the legal provisions about consumer bankruptcy as a part of jurisdiction over such cases. The author concludes that legal provisions about consumer bankruptcy would satisfy the needs of a modern Russian society. The author also studies the development of the institution of jurisdiction over cases of bankruptcy of physical entities in pre-revolutionary and modern Russian law and discusses certain issues preventing from implementation of consumer bankruptcy provisions at the present time. Based on all that, the author makes an attempt to review the existing provisions about arbitration court's jurisdiction over bankruptcy of physical entities. The author concludes that there should be certain amendments made to the provisions about jurisdiction over cases of bankruptcy of physical entities and suggests that cases of consumer bankruptcy should be submitted to general jurisdiction courts. The author also shares his views about improvement of judicial activity in case of amending provisions of jurisdiction over cases of consumer bankruptcy. 
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.
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