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MAIN PAGE > Journal "Legal Studies" > Rubric "Judicial system: decision-making practices"
Judicial system: decision-making practices
Nikiforova A.V. - Legal positions of bodies of the constitutional justice on territorial organization of local government pp. 69-91
Abstract: In this article author examines legal positions of the Constitutional Court of the Russian Federation and constitutional courts of constituent subjects of Russian Federation on territorial organization of local government. Then the author offers some options of their classifications. The author also studies direct and indirect influence of these legal positions on improvement of  legislation on territorial organization of local government and influence on the legislators.
Markov P.V. - Conditions for the exercise of judicial discretion in сontinental and common law countries pp. 73-107
Abstract: The article deals with the specific features of judicial discretion within the framework of civil law (continental) and common law (Anglo-Saxon) legal systems. The definitions of judicial discretion and of the conditions for its exercise are formulated. The author puts forward the theory of two models of judicial discretion which differ from each other with regard to such matters as 1) functioning of judicial system; 2) hierarchy of sources of law; 3) practice of application of various means of interpretation of the legal rules; 4) development of legal doctrine; 5) adaptation of legal transplants; 6) characteristics of national legal systems.
Konovalov A.O. - Topical problems of protection of an infringed right to access information on activities of the courts in the Russian Federation pp. 100-124

DOI:
10.7256/2305-9699.2013.7.9008

Abstract: The article contains the study of current legislation of the Russian Federation regulating the legal relations regarding implementation of various means of protection of a constitutional right to access information on activities of the courts: administrative control, prosecutor supervision and judicial mechanism.  The author distinguishes the competences of the chairpersons of Supreme Courts of the Republics, and regional courts, the courts of the cities of federal significance., courts of autonomous regions and districts, and chairmen of the city (district) courts in the sphere of administrative control. The author also provides legal characteristics of use of supervisory competence of the prosecution, and studies the procedural specific features of use of the judicial protection mechanism.  The author provides critical analysis of the existing judicial and supervisory practice, taking the Novosibirsk Regional Court as an example. He also defines the key directions for the improvement of current legislation in the sphere of protection of the right to access information on the activities of the courts in the Russian Federation.
Bakradze A.A. - Criminal law analysis of the Draft Resolution of the Plenum of the Supreme Court of the Russian Federation "On Judicial Practice on Cases of Bribery, Commercial Bribery and other Corruption Offences" pp. 165-180

DOI:
10.7256/2305-9699.2013.5.793

Abstract: The author of the article holds Criminal law analysis of the Draft Resolution of the Plenum of the Supreme Court of the Russian Federation "On Judicial Practice on Cases of Bribery, Commercial Bribery and other Corruption Offences", and based upon the results of his study he provides some critical comments. In particular, criminal responsibility for bribery cannot take place no matter whether acts (failure to act) were premediated by bribe or agreement with an official on provision of bribe for an act.  The author offers to qualify receipt of part of valuables or starting to perform proprietary services as an attempted bribery (commercial bribery) in the amount provided by the intent of a perpetrator.  Receipt of money, stock shares and other property by an official or a manager of a commercial or other organization for taking acts (failure to act) in the sphere of its competence, or which he could have taken using his official position may not be regarded as bribe (commercial bribe) no matter whether he was intending to take these acts (fail to act). The article provides some further critical notes, which are aimed at optimizing the law-enforcement activity.
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