Administrative and municipal law - rubric Administrative law, municipal law and the judicial branch

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.

Keywords: law making process, foreign experience, judicial system, problem of defining the constitutional nature, the Court of Cassation, the Council of State, the Constitutional Council, the French Republic, administrative legal proceedings, judicial review

DOI: 10.7256/2454-0595.2013.1.62047

Abstract: This constitutional principle has a specific mechanism of action and has certain peculiarities when it is being implemented in different kinds of proceedings. First of all, it is defined by goals and tasks set before this or that court. And even though all courts must follow the principles of justice and fairness, court competition occurs in the course of their procedural powers as set fort by the law. It means that the adversarial principle is implemented in each type of proceedings in its own way and it always involves delimitating procedural functions between the parties and the court.

Keywords: law, constitutional, constitution, proceedings, competition, principle, adversarial, implementation, USA, Russia.

Abstract: The article talks about approaches to formation of juvenile justice in Moscow and challenges of its implementation in Moscow. The author draws out summarizing conclusions and makes recommendations on the legal mechanism of formation of the s ystem of juvenile justice in Moscow.

Keywords: justice, system of justice, court, under ages, violation of law, institution, judge, structure, system, protection, r ights.

Abstract: The article studies the issues of international law regulation of investment disputes between states and foreign investors taking into account the fact that participation of a state institution remains one of the key issues in international investment law. International investment arbitrage is closely connected with the international procedural right. Institutional grounds for legal mechanisms of resolution of investment disputes, or international investment arbitrage as it is commonly referred t o in the Western theory and practice, were already established in 1965 when the Washington Convention had been adopted. The Convention created the International Centre for Settlement of Investment Disputes (ICSID). International arbitrage procedures make the issues of state immunity even more actual.

Keywords: arbitrage, regulation, collision, convention, dispute, conflict, center, resolution, investment, state institution, prohibition.

DOI: 10.7256/2454-0595.2018.5.26569

Abstract: The subject of the research is particular issues of the legal regulation of the institution of judicial normative control in administrative legal proceedings of the Russian Federation. In her article Ivanova analyzes provisions of the Russian Federation Administrative Court Procedure Code that regulates proceedings related to cases involving the contesting of normative legal acts. The objectives of the research are as follows: 1. to define criteria for classying judicial normative control as direct or indirect, abstract or concrete, as well as the relation between them; 2. to analyze provisions of the Russian Federation Administrative Court Procedure Code that may be applied to the abstract or concrete criterion offered by the author. In the course of her research Ivanova has applied such research methods as analysis and sythesis, formal law method, and etc. The main conclusions of the research imply the following theses: 1) The criterion for differentiating between direct and indirect normative control is the way a judicial audit corresponds to the matter of asserted claims (in particular, whether normative control has the purpose to challenge regulations or protect one's legal rights); the criterion for classifying normative control as abstract or conrete is judicial activity (consequently, monitoring of legality of regulations for public interest or protection of private interests). 2. In its judicial acts, the Supreme Court of the Russian Federation states that proceedings that challenge regulations should be carried out as abstract normative control. Nevertheless, based on the criterion offered by the author to differentiate between abstract or concrete normative control, regulations of the Russian Federation Code of Administrative Procedure Code demonstrate elements of both abstract and concrete normative control.

Keywords: subjective public rights, judicial protection, judicial activity, concrete normative control, appeal, abstract normative control, administrative proceedings, legal interests, the court's decision, challenging regulations

Abstract: Researches of the experience of foreign states in the sphere of legal regulation of these or those social relations and their outcomes can be efficiently applied to corresponding spheres of human activity in the territory of the Russian Federation. It can be declared with full responsibility that the correct and weighted application of accumulated e xperience and progressive legal ideas imported t o Russia favorably inf luence the f unctioning of Russian legal institutions.

Keywords: international, experience, right, human, defense, justice, foreign, states, regulation.

Abstract: This article is an attempt of a conceptual approach to the problem of formation of administrative legal proceedings as a part of administrative law enforcement in the Russian Federation. The author views administrative proceedings as an independent part of the mentioned above mechanism and analyzes minuses of the draft Code. The author also suggests how to eliminate these minuses and proposes his idea of a completely new system of administrative courts.

Keywords: concept of administrative legal proceedings, administrative proceedings, jurisdiction of administrative legal proceedings, administrative agreement, structure of administrative courts.

Abstract: The author of this article has analyzed the order of formation of constitution justice bodies in the member states of the CIS. In the process of his study, the author also revealed the order of appointment of constitutional judges by different branches of the government.

Keywords: constitutional courts, organization, formation, judicial authority, judicial bodies, types of formation, election, appointment, CIS countries.

DOI: 10.7256/2454-0595.2018.12.28426

Abstract: The subject of the research is the legal status of a police officer as a participant of administrative proceedings. The object of the research is the right of a police officer to appeal against court decrees and interlocutory judgements. The author analyzes modern principles and legal basis of the procedure that can be used by a police officer to appeal against court decrees. Having analyzed administrative legislation of the Russian Federation, Sultanov discovers that the Administrative Offences Code of the Russian Federation does not mention the right of a police officer to appeal against court decisions. The author of the article focuses on the appealing procedure by police officers at the regional level and describes cases and methods used by police officers to appeal against court decisions via prosecution office. The methodological basis of the research implies a set of the most commonly used research methods and techniques such as analysis and synthesis of legislation within the subject matter of the research, formal law method, and structured logical description. The main conclusion of the research is the statement that a police officer may appeal to a prosecution office against a court instruction when the court returns materials to the police stating that the materials are incomplete. The author analyzes particular court decisions that contradict the law. The novelty of the research is caused by the fact that the author provides an evaluation of the actual state of the law and practical implementation of the law when court decisions and instructions are being appealed. The author's special contribution to the topic is that he defines patterns for further improvement and development prospects of the appealing procedure that may be used by police officers at prosecution office. The practical important of the research is that the author makes particular scientifically grounded suggestions.

Keywords: local law, Administrative code, the bodies of internal Affairs, authorized body, administrative responsibility, prosecutor's office, police, agreement, internal Affairs, police officer

Abstract: The article is devoted to the study of court practice with regard to appeal of decisions of customs authorities on customs value correction. Based on the analysis of the legal acts and court materials the author of the article points out certain problems in law enforcement activities of customs authorities and suggests certain ways to solve these problems.

Keywords: customs regulation, customs legislation, customs relations, customs control (supervision), risk management system, risk profile, customs value correction, customs declaration, court (judicial) practice.

DOI: 10.7256/2454-0595.2014.1.10517

DOI: 10.7256/2454-0595.2014.1.63947

Abstract: The principles of separation of powers and territorial structure of a state inevitably cause competence disputes (disputes on jurisdiction) among the central government bodies, between the central government bodies and territorial unit bodies, as well as the disputes between the territorial unit bodies. In this article the author pays attention to the specific features of defining constitutional legal disputes (competence disputes) and specific features of their evaluation by the Constitutional court. The study is based upon the Russian and foreign legislation, and the experience of the constitutional courts of the states formed in the former Yugoslavia territory (Bosnia and Herzegovina, Macedonia, Serbia, Slovenia, Croatia, and Montenegro). The study mostly employs formal legal and comparative legal methods. Based upon the analysis of the foreign legislation and practice of the constitutional courts of the former Yugoslavia, the author substantiates the classification of competence disputes, providing for a distinction between horizontal and vertical ones, negative and positive ones. It is pointed out that the necessary condition for a competence dispute is the situation when two or more public government bodies pass final acts recognizing or refusing to recognize their competence on the same issue. Finally, the author concludes that resolution of competence disputes by the constitutional court in the states within the former Yugoslavia is more democratic than in Russia, since they allow any person who cannot implement his rights, and not just a government body, which is a party to the dispute, to bring a claim in court to resolve such a dispute.

Keywords: jurisdiction disputes, competence disputes, the Constitutional Court, former Yugoslavia state, constitutional procedure, constitutional judicial process, competence, competence recognition, denying competence, separation of powers principle

Abstract: The right of the local self-government to the judicial protection is one of the most important constitutional guarantees of the local government. It is aimed at effective exercising o powers of the local self-government when performing its local functions. Besides Constitution of the Russian Federation, the issues of legal protection of local government are also regulated by a number of international documents. The article reveals the main possibilities enforcement of the local government right to judicial protection by international judicial authorities. The main goal of this right is to make the Russian Federation fulfill the European standards of human and civil rights and liberties.

Keywords: judicial protection of local self-government, generally recognized principles and norms of the international law, international judicial authorities, the Council of Europe, European Charter of Local Self-Government, European Court of Human Rights, ‘public authority’ and ‘state authority’, judicial protection, right to judicial protection.

DOI: 10.7256/2454-0595.2014.1.10273

DOI: 10.7256/2454-0595.2014.1.63948

Abstract: Currently administrative justice bodies are undergoing reforms in many states around the world. Each state has its specific administrative justice system, and they have various modifications in accordance with the history and traditions of the state. Having evaluated the legal position of administrative justice in the foreign states and in the former USSR states, one may state that more and more attention is paid to the problem of improving the relations between the private parties and the public administration (state government bodies, municipal bodies and their officials) and the need to introduce efficient mechanisms for the protection of private persons from possible infringements of their rights by the government bodies. Administrative justice is a judicial mechanism for the protection of human rights from abuse by the public administration. That is its value in the rule-of-law state. The institution of administrative justice is aimed to neutralize the legal inequality of the parties in administrative dispute. The authors make a conclusion that studying the experience of functioning of the administrative justice bodies in the foreign states may help the Russian Federation to find out optimum approaches towards forming its own model of administrative justice. Russia needs administrative courts. Administrative cases should be dealt with within an independent administrative process and be regulated by the Administrative Judicial Procedural Code, which would allow to establish methodology and other procedural acts on hearing and resolving cases arising from this type of relations.

Keywords: administrative justice, administrative claim, administrative judicial proceedings, administrative process, judicial reform, administrative procedures, administrative disputes, specialized courts, administrative cases, public relations.

DOI: 10.7256/2454-0595.2017.1.20456

Abstract: The research subject is the right to judicial protection as a multi-dimensional and complex right. The right to judicial protection, which has initially formed as a constitutional right, is now transforming into a subjective procedural right. Infringements and problems, connected with the enforcement of the right to judicial protection, are urgent in modern Russia. To ensure the enforcement of the right to judicial protection, procedural rules are used. The law-maker should take measures to quickly eliminate the problems of the right to judicial protection enforcement. The research methodology is based on the modern achievements in epistemology. The author applies theoretical and general philosophical methods (dialectics, system approach, analysis, synthesis, analogy, deduction and observation) and traditional methods of jurisprudence (formal logical). The author concludes that at the present time, it is necessary to improve the legal and organizational framework of the right to judicial protection enforcement. The author states the necessity to reduce the number of infringements of the right to judicial protection and to improve the quality of its enforcement in the Russian Federation.

Keywords: guarantee, problem, infringement, justice, protection, court, right, constitution, appeal, action

DOI: 10.7256/2454-0595.2016.2.17373

Abstract: The research subject is the range of general questions of the prosecutor’s legal status as a participant of administrative proceedings, regulated by the recently adopted Code of Administrative Code Proceedings of the Russian Federation. The author compares the Code’s provisions with the existing Civil Procedural Code of the Russian Federation, emphasizes the positive sides of the novels and criticizes the shortcomings of legal regulation of the issues under consideration, offers the ways to improve legal norms. The author applies the comparative-legal method to compare the provisions of the legislation, regulating administrative and civil proceedings. The author defines the advantages of the novels, added to the legal status of the prosecutor, involved in administrative proceedings, and draws attention to the particular drawbacks in procedural legislation formulae, offering the possible ways of their improvement. This research is one of the first scientific works, devoted to the legal status of the prosecutor, involved in administrative proceedings.

DOI: 10.7256/2454-0595.2016.2.67415

Keywords: administrative bill of complaint, administrative proceedings, administrative case, protection of rights of citizens, category of cases, general public, prosecutor, public interest, general jurisdiction court

DOI: 10.7256/2454-0595.2013.4.62543

Abstract: The author of this article conducts a scientific analysis of efficiency of arrangement of work and ensuring court activities in civil and arbitrage proceedings. The author describes the efficiency criteria and proves the need in increasing court proceedings. The author also makes suggestions aimed at increasing efficiency of civil and arbitrage proceedings.

Keywords: organization, activity, court, civil, arbitrage, proceeding, justice, efficiency, legality, judge.

DOI: 10.7256/2454-0595.2014.4.11462

DOI: 10.7256/2454-0595.2014.4.64188

Abstract: The article is devoted to analysis of the status of the Constitutional Court of Montenegro. Special attention is paid to the reform of the institution of judicial constitutional control, which took place in 2013-2014. The reform influenced the formation of the Constitutional Court, its administrative autonomy, internal organization, procedures for the constitutional judicial process. At the same time the earlier formed European model of constitutional control was not changed. Generally, the amendments are aimed at making the constitutional justice body more efficient, guaranteeing openness and transparency of the judicial proceedings and formation of the court. In the process of analysis the author mostly uses historic method, formal legal method and comparative legal method of studies. As a conclusion, the author notes that implementation of the positive democratic fundamentals of the reform of the constitutional justice in Montenegro involved some misunderstandings. That is why there are serious doubts regarding legitimacy of the new corpus of the Constitutional Court of Montenegro and its decisions, which is not acceptable in a rule of law state, since it undermines the authority and causes distrust of the state government bodies and especially the Constitutional Court of Montenegro.

Keywords: Montenegro, constitutional reform, constitutional court, constitutional control, administrative autonomy of a court, constitutional process, Yugoslavia, constitutionality, constitutional justice, constitution.

DOI: 10.7256/2454-0595.2016.6.17540

Abstract: The research subject is the comparative-legal analysis of the structure, the purposes, and the subjects of legal regulation, the principles of the Code of administrative legal proceedings of the Russian Federation and the standard Euro-American code of administrative jurisdiction incorporating the foundations of administrative jurisdiction regardless of legal systems (Continental European and Latin-American). In Russia, since the soviet period, there exists the institution of administrative jurisdiction implemented mainly by virtue of the Code of Administrative Offences of the Russian Federation; since 15 September 2015, the Code of administrative legal proceedings of the Russian Federation is functioning, as well as the institution of administrative jurisdiction on the codified basis. In most modern democratic states the legislative provisions, related to the peculiarities of consideration of administrative cases through judicial (quasi-judicial) proceedings, are functioning. The study contains the author’s translation of the Euro-American standard code of administrative jurisdiction and the comparative-legal analysis of the institution of administrative jurisdiction, which is important for the improvement of administrative legal proceedings in the Russian Federation, including the possibility of normative consolidation of responsibility of the state and administrative bodies (executive bodies) and their officials for the violation of citizens’ rights in the sphere of public administration. The research methodology comprises the modern achievements in epistemology. The author applies theoretical and general philosophical methods (dialectics, the system method, analysis synthesis, analogy deduction, observation, modeling), traditional legal methods (formal logical), and the methods of special sociological research (statistical, expert assessments, etc.), and the comparative method. The author carries out the comparative analysis of the content, the structure and the register of administrative cases and principles of the standard Euro-American code of administrative jurisdiction and the code of administrative legal proceedings of the Russian Federation. The author concludes that it is necessary to use particular elements of the administrative jurisdiction model, contained in the Euro-American standard code of administrative jurisdiction, for the revival and development of effective judicial protection of the violated or contested rights, freedoms and interests of citizens and organizations resulting from administrative and other legal relationship in the modern Russian state. The novelty of the study consists in the conclusion about the possibility of legal impact of the Euro-American standard code on the improvement of the institution of administrative jurisdiction in the Russian Federation.

Keywords: transparency, judicial control, state officials, administrative cases, judicial protection of citizens, administrative legal proceedings, administrative proceedings, comparative administrative law, administrative jurisdiction, administrative justice

DOI: 10.7256/2454-0595.2016.6.67910

DOI: 10.7256/2454-0595.2015.6.15389

Abstract: The subject of the research is a range of norms of the Code of administrative proceedings of the Russian Federation regulating the delimitation of jurisdiction of cases on challenging normative legal acts between the courts of general jurisdiction and the bodies of constitutional justice. The article shows the possible problems, caused by the legal regulation of the grounds and the procedure of a court of general jurisdiction making an inquiry about the considered administrative case to the Constitutional Court of the Russian Federation, and the peculiarities of use of administrative proceedings for the provision of the enforcement of the decisions of the bodies of constitutional justice. The author uses the general scientific (dialectical, systems) and the special (comparative legal, formal-legal) methods, helping to identify the main problems in the delimitation of jurisdiction and interaction between the courts of general jurisdiction and constitutional bodies, to detefine the ways of their solution. The scientific novelty of the article lies in the substantiation of the need for the improvement of implementation of the regulation limits of the powers of courts of general jurisdiction in the field of normative control considering the content of the related institutions of constitutional proceedings. The author shows the shortcomings of the current legislative regulation of the competence of the judicial bodies (incompleteness and inaccuracy of certain norms, the possibility of different interpretations, substantial inconsistency of regulations with certain legal positions of the Constitutional Court, and others), and proposes the measures of these shortcomings elimination.

Keywords: court, code, jurisdiction, administrative proceedings, Constitutional control, justice, interaction, inquiry, legislation, norm

DOI: 10.7256/2454-0595.2015.6.66582

Keywords: court, code, jurisdiction, administrative proceedings, Constitutional control, justice, interaction, inquiry, legislation, norm

DOI: 10.7256/2454-0595.2015.8.15830

Abstract: The scientific article seeks to analyze judicial review as a general administrative control process by looking generally at its common-law origins. The author defines the role of judicial review and the space for consideration of alternative ways of disputes settlement. The aim is to analyze the nature of judicial review and the peculiarities of its functioning. Through this, an appropriate place for the courts and judicial review can be determined, both constitutionally and institutionally, within an inclusive system of administrative justice. General scientific methods of cognition such as the methods of analysis, comparative methods, systems and structural methods, legal and technical research methods form the methodological basis of the article.An underlying assumption of this article is that judicial review is being used in a manner for which it was not designed. As a primary avenue of administrative justice, it fails to accord the level of justice that it should. The criticisms which relate to judicial review do so largely because it is being relied on to perform all the tasks which should be allocated to a larger and more integrated system of administrative law.

Keywords: watchdog theory, Ultra Vires Doctrine, legality, merits review, administrative tribunals, judicial review, supervision, appeal, reasons, finality

DOI: 10.7256/2454-0595.2015.8.66805

Keywords: watchdog theory, Ultra Vires Doctrine, legality, merits review, administrative tribunals, judicial review, supervision, appeal, reasons, finality

DOI: 10.7256/2454-0595.2016.10.20530

Abstract: The article reveals the process of formation of administrative judicial law in the Russian Federation. This process is inextricably connected with the realization of the constitutional provision on administrative legal proceedings as one of the forms of realization of judicial authority. In this context, the recodification of the current procedural legislation and the adoption of the Administrative Procedure Rules in 2005 were among the most important conditions of the formation of administrative judicial law. The author concludes that the adoption of the Administrative Procedure Rules leads to the establishment of a new paradigm of administrative justice in Russia, to the formation of independent administrative legal proceedings. The author considers the problem of the administrative judicial law system as a forming branch of law. The author defines the administrative judicial law structuring criteria. The author concludes about the importance of the Administrative Procedure Rules which had legitimated the administrative judicial law fundamentals, corresponding with the standards of the rule-of-law state. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling), traditional methods of jurisprudence (formal-logical), and the methods of special sociological research (statistical, expert assessments, etc.). The author concludes that at present, in order to establish the administrative justice institution, many things should be done, particularly, it is necessary to improve the quality of various administrative and procedural means of adjudication of cases. The author states the necessity to improve the procedural regulation of adjudication of administrative cases.

Keywords: decision, adjudication, procedure, process, Constitution, justice, court, proceedings, power, law

DOI: 10.7256/2454-0595.2016.10.68256

Keywords: decision, adjudication, procedure, process, Constitution, justice, court, proceedings, power, law

DOI: 10.7256/2454-0595.2015.9.16194

Abstract: In Russia the problem of implementation of acts of constitutional legal proceedings was raised before the adoption of the Constitution of the Russian Federation in 1992, when the Republic of Tatarstan hadn't implement the Resolution of the Constitutional Court of the Russian Federation of March 13, 1992, N P-RZ-I. It is possible to give many examples of full and timely implementation of decisions of the constitutional justice, but there are also the facts of ignoring, unjustified procrastination of implementation, and attempts to overcome their legal effect by means of readoption of regulations similar to those recognized unconstitutional. The author analyzes the reasons of non-fulfulment of acts of the constitutional control and offers various solutions of this problem. The author considers the concept and legal nature of legal positions of the Constitutional Court of the Russian Federation, their correlation with the decisions of the Constitutional Court, the lack of an accurately formed mechanism of their implementation in the law-making and law-enforcement practice. The author studies different types of responsibility for non-fulfilment of decisions of the constitutional justice and suggests to establish preliminary constitutional control and administrative responsibility. Thus the author studies foreign experience of the Republic of Kazakhstan, the Republic of Belarus, the Republic of Kosovo, the Albanian Republic and Germany. In the conclusion the author offers the ways of improvement of Russian legislation, including the adoption of law on normative legal acts in the Russian Federation.The research is based on the scientific methods, such as the methods of analysis and comparison, which help to define the similarities and differences between the rules of law and the decisions of the Constitutional Justice and to formulate particular theoretical and practical conclusions and suggestions, necessary for the further development of Russian legal system.

Keywords: improvement of the legislation, rule of law, constitutional control, constitutional justice, constitutional court, judgments, Legal position, constitutional law, constitution, constitutional legal proceeding

DOI: 10.7256/2454-0595.2015.9.66889

DOI: 10.7256/2454-0595.2015.10.16406

Abstract: One of the key moments of the article is the fact that tribunals are a special alternative to the traditional way of judicial control. The reform of administrative review mechanisms and the system of tribunals in England came into effect on November 3, 2008; this article considers the structure and the composition of this reformed system. Tribunals oversight remains the important guarantee of regulation and limitation of their functioning. The author shows the discussion of the peculiarities which can be implemented by any controlling authority. The methodology of the research comprises the general scientific methods of cognition including the systems analysis, the complex approach, the comparative-legal, formal-logical, system-structural, formal-legal and legal-technical methods. The author concludes that the chief importance of these developments is that the Tribunals Service doesn't depend anymore on the related department in the questions of resources and staff. Cooperation between the controlling Executive body of the Tribunals Service and the tribunals of the judicial system has led to the expansion of the spectrum of service provision to the users of tribunals. Possibly the most important aspect of the tribunal reforms is that tribunal decisions are no longer viewed as second-rate or weak judicial decisions. The combined function of the Upper Tribunal puts it in a difficult situation in England. Formally its authoruty is limited to the appeals related to the legality of the decision, but at the same time it has the same authorities as the first-tier tribunal; this situation leads to the overlay of ideas and notions in the system.

Keywords: administrative tribunals, merits review, upper tribunals, first-tier tribunals, appeal, judicial review, legality, reasons, finality, reform

DOI: 10.7256/2454-0595.2015.10.66974

Keywords: appeal, first-tier tribunals, upper tribunals, merits review, administrative tribunals, judicial review, legality, reasoning, finality, reform

DOI: 10.7256/2454-0595.2013.12.10239

DOI: 10.7256/2454-0595.2013.12.63634

Abstract: Based upon the large amount of normative materials and archive data the author evaluates the problem of the relations between the courts and local executive bodies in the first two decades of the existence of the RSFSR. It is noted that starting with 1917 the state departed from the previously existing principle of pre- Revolutionary Russia that the judges should be independent from the executive branch. It is shown that the active interference of local executive bodies into the work of courts, and the active role of the executive committees in the procedure of assigning and resignation of judges of the courts of the general jurisdiction lead to the lower efficiency of court work, staff turnover and the courts becoming accountable to the executive branch. The author makes a conclusion that throughout the period in question the problem of independence of the judicial branch of government from the executive branch of government remained unsolved in spite of all of the efforts of the Soviet Government taken in order to limit the influence of the executive committees, which was due to the specific features of the Soviet administrative model.