Law and Politics - rubric JUDICIAL POWER

Abstract: Judicial independence is a constitutional principle, which is necessary as a prerequisite for the implementation of rights of people for lawful judicial procedure and protection of legal regime within a state. Independence of judges is not their privilege, rather it’s a mechanism of their work, which ensures objectivity and lawfulness of their activities. Independence of judges should be true, should be implemented from the moment of formation of judicial position to its liquidation. That is, it should be immanent to the system from beginning to end, and not to a particular judge at the period, when he performs his duty.

Keywords: jurisprudence, court, judicial system, judicial independence, constitutionalism, constitutional principle, judicial power, executive power, procedural law, judicial instances

Abstract: The judicial autonomy is one of the guarantees of independence of judicial power, when decisions on cadres and status limitations, including responsibility of judges, are made within the judicial system itself. The author offers the options of formation and activities of the inner judicial self-government, which would best ensure independence of judges.

Keywords: jurisprudence, judicial autonomy, bodies of judicial community, qualifi cation boards of judges, guarantees of independence of judges, independence of judicial branch, Disciplinary judicial presence, independence of judges, judicial reform, quasi-judicial bodies

Abstract: The article regards the institution of judicial immunity of the judges of the Constitutional Court of the Russian Federation, as well as of the Constitutional (Ustav) Courts of the constituent subjects of the Russian federation, as one of the key guarantees of independence of constitutional justice. The author analyzes the key immunities of judicial status, notes gaps and contradictions in legal regulation of this status. Based on comparative legal and historical analysis, he shows the tendencies, which are characteristic to legal regulation of immunities of judges of these courts

Keywords: jurisprudence, judge, constitutional, Ustav, court, immunity, status, guarantee, independence

Abstract: The article is devoted to system, nature and legal regulation of the social and economic rights and freedoms of individual and citizen in the Russian Federation. The author analyzes specific features of protection of this group of basic rights and freedoms via constitutional judicial procedure. The author studies practice of the Constitutional Court of the Russian Federation of the late years in order to find more proof for theoretical and legal bases on dealing with claims on violations of social and economic rights and freedoms. Keywords: jurisprudence, legal status of a person, guarantees of realization of rights and freedoms of a person

Abstract: This article includes analysis of key types of evidence, which may be used in procedure on administrative cases in the sphere of housing construction. It should be considered, that not only judges, but also other officials are empowered to deal with such violations, so it is necessary to bring the norms of all the procedural acts into the unanimous character, which would allow to exclude variations in the interpretation of the Administrative Procedural Code of the Russian Federation and the Arbitrazh Procedural Code of the Russian Federation on the issues of evidence. Keywords: jurisprudence, responsibility, violations, responsibility, obligations, protocol, administrative, housing constructions, evidence objects

Abstract: The article is devoted to implementation of the key provisions of international conventions on human rights and UN documents, which establish the principles of treatment of convicts in the criminal prosecution legislation of the Republic of Uzbekistan. The author draws comparison between the norms of international penitentiary law and the provisions of the Criminal Prosecution Code of this state, and makes a conclusion, that the criminal prosecution legislation of Uzbekistan needs further improvement taking into account the UN documents, which establish the principles of treatment of convicts. Keywords: jurisprudence, human rights, implementation, penitentiary law, international conventions on human rights, UN documents, establishing principles of treatment of convicts, implementation, criminal prosecution legislation, Criminal Prosecution Code of the Republic of Uzbekistan

Abstract: Videoconference have been used in courts for about a decade. In these years, there’s quite some experience of use of this technology. The author evaluates positive and negative features of use of this technology in criminal court proceedings towards the convict, the witness and other participants of criminal procedure. Keywords: jurisprudence, criminal procedure, court, chairman judge, video conference, video translation, cassation, defender, accused, witness

Abstract: The author concentrated his attention on evaluation of 13 administrative legal principles, which are included into the institution of justices of peace. The positive feature of this article is the broad approach to the amount of principle and polemic style. The author attempts to establish the problems of application of these principles in the activities of the justices of peace. The article includes the study of approaches and principal characteristics related to administrative legal principles, while similar principles also appear in other branches of law. Keywords: jurisprudence, law, principle, court, judicial procedure, classification, law, process, justice, judge

Abstract: This article is devoted to novelties in the organization of activities of the justices of peace in Samara oblast. The author describes the new structure of the judicial districts, justices of peace, the order of their appointment. The author also provides ideas on improvement of existing legislation in order to make the activities of the justices of peace in Samara oblast. Keywords: jurisprudence, court, judge, candidate, exam, position, workload, assignment, board, working experience

Abstract: The article is devoted to the issues, which are related to the studies of activities of the investigator through the prism of object and method of criminal science. Keywords: jurisprudence, law, investigator, subject, object, cognition, criminal science, investigation, tactics, criminal, crime

Abstract: This article by the Chairman of the Chamber of Civil Cases of the Cassation Court of the Republic of Armenia A.Y. Mkrtumyan is devoted to the topical problems of use of the judicial practice as a source of civil law, and its correlation with the judicial precedent. The article also includes analysis of the novelties of the Russian and Armenian legislation and judicial practice in this sphere.

Abstract: The problem of composition of court, which hears the criminal cases at the first instance, have for a long time been the object of discussion of scholars and legal practitioners alike. The optimum composition of court provides for the more objective and fair trial and helps to avoid judicial mistakes. That is why the problem of finding the “right” composition of court (sole or collegiate) for different categories of cases depending on their gravity is so topical.

Abstract: In the sphere of criminal law the issues of intentional fault form a cornerstone of subjective element of the crime. It is obviously difficult to establish these subjective elements, and there’s clearly a need for direct and clear recommendations. The author of this article points out two major problems in this sphere, and states, that if these two issues get solved, the situation overall might improve considerably…

Abstract: In order to provide correct classification of the action committed due to necessary defense, one needs to understand the legal nature of this condition, excluding criminality of the behavior in question. This article by V.V. Kolosovsky is devoted to the nature of the necessary defense as well as to topical problems of its qualification.

Abstract: The issue of distinguishing between the measures of protection and measures of responsibility is of great theoretical and practical value in the civil law. Distinction of the above-mentioned means of coercion, as the author points out, is possible based on the grounds of their application. In order to apply the measures of responsibility, there has to be an offence, and for the application of the means of protection, there needs to be illegal behavior…

Abstract: It is obvious that the underestimation of the judicial branch and its role in the life of the society in Russia is due to the traditional negative attitude to law at the earlier stages of development of the Russian statehood. This article by A.A. Devlikamov is devoted to the study of genesis and development of the judicial branch of state power in Russia.

Abstract: As the authors of this article point out, the criminalistic perception allow for both procedural and non-procedural fixation, which is aimed to become procedural or, at least, to remain non-procedural. All of the above forms a complicated process of scientific perception within the framework of the criminal judicial proceedings.

Abstract: The principle of judicial federalism deals with the two key problems: separation of judicial structures between the Russian Federation and its Constituents, and separation of competence of the federal judicial bodies and the judicial bodies of the Constituents…

Abstract: With the beginning of judicial and legal reform at the end of the 20th century and, especially at the beginning of the 21st century, the problem of competition manifested itself with renewed vigor. The needs of modern Russian society dictate the need to create such criminal proceedings that would take into account their nature to the maximum extent and, first of all, the need for justice. The definition of its current content in criminal proceedings, the study of which is devoted to this article, is one of the urgent scientific problems.

Abstract: As the author of this article notes, while fully recognizing the practice of applying international law by courts, Ukrainian legislation, however, does not disclose its content and does not contain a clear mechanism for the application of international legal acts by a national judge. In this way, it often only confuses the court, creating additional problems for it in the field of international law. The analysis of problems arising in practice and their grounds is presented in this article.

Abstract: The question of the nature and limits of the state prosecution is of particular concern to scientists in the light of the novelties introduced into the Criminal Procedure Code of the Russian Federation in connection with the creation of the Investigative Committee under the Prosecutor's Office of the Russian Federation and the reorganization of the Institute of inquiry. What is the current State prosecution?

Abstract: The presumption of innocence, being a normative expression of the dialectical law of denial of denial, not only determines the direction of criminal procedural cognition, but also shows the ways in which its goal is achieved - the truth is established. This, in turn, allows us to designate the presumption of innocence itself as one of the methods of cognition used mainly in criminal proceedings ... this article is devoted to its place and significance.

Abstract: Currently international regulation of extradition as well as extradition practice are developing intensively due to all the threats to the international community from the criminals and the terrorists. Accordingly, extradition receives its share of attention of the mass media. However, the institution of legal extradition is not well-studied enough and normative regulation of it, both international and national, is not completely formed. That is why often the institution of extradition is equaled to the mere giving out of criminals, which, as the authors of this article point out, is incorrect and is not in accordance with the extradition practice either. This article presents us with an analysis of the institution of extradition, its role and place in modern law. The authors also differentiate extradition and giving out, study the issues of clarifying the modern concept of extradition and forms of its realization.

Abstract: The marine waters of the Russian Federation are used for a number of goals, and their environmental protection from pollution is quite important. This article by E.A. Afanasyeva includes analysis of various types of man-made pollution of the marine environment and the author also analyses the measures, which could improve the situation.

Abstract: While studying the ideological bases of the Ancient Russia in late X and early XI centuries, many scholars plainly state that its ideology was Orthodox Christian, and the Christianizing of Russia was the main event. However, in spite of the drift apart from paganism, its elements remained and they showed themselves in rather peculiar ways even after 988.

Abstract: The existing civil legislation includes a number of evaluation terms – which are relatively defined. The contents of such terms is established based on discretion, and that is why the issue of nature and elements of discretion in application of civil law norms is so topical.

Abstract: In this article the author searches for the answers to the questions, which are asked rather often – which institutions and structures should form the image and reputation of the modern Russia, what functions, elements and technologies should be included, how to optimize such activities, and what their costs are.

Abstract: Inclusion of new provisions on the special order of judicial proceedings into the Criminal Procedural Code of the Russian Federation formed the basis for a new criminal procedural law institution, which allows the judge not to evaluate the evidence in the regular way, however the punishment possible is limited to 2/3 of the maximal amount. This article is devoted to the analysis of specific features and role of this institution.

Abstract: It is known, that Constitutional (Ustav) Courts are aimed to ensure the primary force of the Constitution (Ustav) of the Subject of the Federation, to protect legal rights and interests of the people and to support the legal field of the Subject of the Federation. Is there then a problem of relations between the above-mentioned Courts, the Constitutional Court of the Russian Federation and the Arbitrazh (Arbitration) Courts?

Abstract: In fighting the criminal violations of the labor protection rules it’s important to correctly qualify these deeds and to distinguish them from related crimes. The analysis of investigation and judicial practice shows that serious mistakes are often committed in qualification of such activities. This article is devoted to detailed analysis of this particular type of crimes.

Abstract: The mechanism for discretion, when applying civil law norms with evaluation terms is quite complicated, and is influenced by various inner and outer factors, which serve as additional regulating means for behavior. This process can be regarded as formation of discretion, and this article is devoted to the analysis of this concept.

Abstract: This article is devoted to the problems of powers of the court in the sphere of sanctioning the investigative activities, which may intrude into the property rights of persons. The author provides for the ways to improve the existing criminal procedural legislation and practice of its application.

Abstract: The issue of judicial review due to newly found circumstances is quite topical in the civil procedural science. This article is devoted to the bases for such review, which are formed within the framework of judicial activity.

Abstract: The issue of efficient international anti-terroristic policy is important in the modern world, and such a policy clearly calls for the unified and agreed-upon anti-terrorism strategy among the states. The UN also plays an important role in formation of international anti-terrorism policy. The author pays much attention to analysis of the UN strategy in this sphere.

Abstract: The article is devoted to value of the Constitution of the Russian Federation for the implementing justice in civil cases. The author pays attention to the incorrect understanding of provisions of the Constitution by science and practice, which does not help to implement the ideas of the Constitution

Keywords: jurisprudence, Constitution, justice, judicial protection, court, civil process, principles, procedural form, non-constitutional, constitutionality

Abstract: The article is devoted to the studies of legal nature of legal positions of the Constitutional Court of the Azerbaijan. The author comes to a conclusion that these positions are included into the motivation parts of all the decisions of the Court, and have legal force identical to the resolutive part. The author also views the issue on regarding the legal positions of the Constitutional Court as sources of law

Keywords: jurisprudence, Constitutional Court, Republic of Azerbaijan, legal positions, legal force, provision, interpretation, constitutionalism, legal position, general obligatory character

Abstract: The article is devoted to realization of integrated policy of producing and turnover of product, as established by the European Commission, by Denmark. This policy is aimed to limit the influence of goods and services within their life cycle on the environment by use of political instruments in the spheres of production and consumption, which should make the market of goods more “eco-friendly”.

Keywords: jurisprudence, politics, products, nature, utilization, eco-marking, eco-design, recycling, utilization, waste

Abstract: The article includes analysis of some grounds for the re-evaluation of judicial acts based on newly opened circumstances in civil process and arbitrazh process of the Russian Federation. The article reflects the problems, which are related to application of these grounds, as well as the ways to solve these problems, as offered by the Constitutional Court of the Russian Federation, the Supreme Arbitrazh Court of the Russian Federation, by the scientists and the author of this article.

Keywords: jurisprudence, precedent, court, source, practice, provision, law, definition, circumstances, review

Abstract: This article includes analysis of para.1 of Art. 6 of the ECPHR. The author singles out the principles of fair trial, analyzes the practice of the European Court of Human Rights.

Keywords: jurisprudence, Convention, principle, fairness, judicial, elements, characteristics, practice, court

Abstract: This article is devoted to the typical violations of criminal procedure, which arise when the criminal case is heard by the jury trial. The author evaluates the violations on various bases, and gives the practical value for the classification. The author of this article offers some amendments into the criminal procedural law in order to make jury trial more efficient.

Keywords: jurisprudence, law, violation, right, court, jury, verdict, decision, classification, legislation

Abstract: The article is devoted to the topical issues, related to the new chapter of the Arbitral Procedural Code — 28.2, where complications arise due to application of the category “joint legal relation”, special rules for bringing claims in favor of rights and interests of a group of persons, rights and obligations of the parties, as well as specialized rights of the initiator of the claim. The author analyzes problems of guarantees of such claims, and possibility to compensate for the harm, caused by the claim brought within this procedure.

Keywords: jurisprudence, expression of will, legal relation, claimant, representative, court, interest, respondent, protection, group

Abstract: The article is devoted to the problem of introduction of specialist into the list of participants of the arbitrazh (commercial court) procedure. The author establishes the need to introduce specialists into the procedure and shows the forms of their participation, considering the growth of the cases, requiring special knowledge in the practice of the arbitrazh (commercial) courts. The author then analyzes characteristic features of specialist, as a person, whose participation may be regulated by the arbitrazh procedural legislation.

Keywords: jurisprudence, specialist, arbitrazh process, special knowledge, cooperation, justice, consultation, participation

Abstract: It is well-known that the Russian legislation on its current stage allows for use of various means of protection o human rights and freedoms, including the right to address international bodies for protection of human rights, in case when all national means of legal protection are exhausted. This article is devoted to some aspects of cooperation of the European Court of Human Rights and the Constitutional Court of the Russian Federation, including the issue of implementation of the ECHR decisions into the Russian legal practice.

Keywords: jurisprudence, the European Convention of Human Rights, European court of Human Rights, precedent practice, constitutional justice, complaint of citizens, interpretation of law, law-making function

Abstract: Based on the analysis of the contents of the Art. 51 of the Criminal Code of the Russian Federation, the author makes a conclusion that it fails to be in accordance with some norms of the General Part of the Criminal Code of the Russian Federation. While the existing provisions of this article do not allow more successful application of limitation of military service, there might be need to amend it. The author also offers to amend a Decree of the Plenum of the Supreme Court of the Russian Federation of January 11, 2007 n.2 “On the practice of the application of criminal punishment by the courts”.

Keywords: jurisprudence, military servant, punishment, limitation, special, goals, alternative, term, limitation, sanction

Abstract: The article is devoted to the bases of interpretation activities of the Constitutional Court of the Russian Federation – its nature, characteristic features, spheres and meaning.

Keywords: Yurisprudentsiya, interpretatsiya, tolkovanie, konstitutsionnyi, sud, norma, osobennosti, faktory

DOI: 10.7256/2454-0706.2017.12.25079

Abstract: The subject of this research is the processes and genesis of the evolution of realistic approach towards the methodology of judicial interpretation in comparison to formalistic style of judicial interpretation. Based on the references of the works of the representatives of the school of free will, American and Scandinavian legal realism, as well as modern neorealism, the author determines the key characteristics of the genesis and evolution of realism as a style of judicial interpretation, expounds the trends of its development, answers the question of causes for the leading position of this approach in the modern legal doctrine, primarily in other countries, as well as the policy of judicial interpretation. The novelty of the conducted research consists in determining the trends of evolution of the realistic approach, which evolved (1) from recognition of ambiguity of the meaning of the legal text as the object of interpretation – to the thesis on excessiveness of text for execution of the act of interpretation; (2) from recognition of allowability of textual substitution of interpretation – to establishing the exclusivity of creative interpretation as a specific function of the court; (3) from recognition of limitation of the cognitive function of interpretation – to establishing voluntaristic nature of the act of interpretation; (4) from recognition of institutional limitations, placed on the courts by the principle of delegation of power – to establishment of judicial authority as a new subject of sovereignty.

Keywords: judicial law-making, the school of free law, judicial formalism, the neorealist theory of interpretation, legal realism, methodology of judicial interpretation, creative interpretation, legal positivism, revived natural law, constitutional justice

DOI: 10.7256/2454-0706.2018.2.25280

Abstract: The article examines approaches to the assessment of evidence used by Russian and American courts. The main purpose of the paper was to identify the distinctive features of judicial review of legislation that a lawmaker should take into account while selecting optimal rules for the assessment of evidence in constitutional litigation. The author pays particular attention to the epistemological foundations and procedural aspects of a direct perception of evidence that leads to a conclusion on whether or not facts at issue exist. Using methods of comparative law and analyzing in detail the rules on the assessment of evidence, he determines the historical reasons why Russia adopted the concept of free evaluation of evidence, whereas the United States opted for the objective standards of proof, such as «preponderance of the evidence», «clear and convincing evidence», and «beyond a reasonable doubt». The article demonstrates that rules on the assessment of evidence should take into consideration the structural properties inherent to constitutional litigation, including the consequences of the constitutional decision-making process, the necessity to decide constitutional cases on a probabilistic basis, and the generalized nature of facts affecting the constitutionality of laws.

Keywords: constitutional justice, inquisitorial system of justice, adversarial system of justice, standards of proof, free evaluation of evidence, constitutional litigation, assessment of evidence, legislative fact, probability, relevance of evidence

DOI: 10.7256/2454-0706.2018.6.26387

Abstract: The object of this research is the criminal procedural relations forming in the course of preparation for trial within pretrial procedure on criminal cases, including hearing of motions on investigation. The author points out that certain aspects of judicial activity in such legal and social significance remain without proper attention from the legislator. The subject of the research is the institution of trial preparation. Its most interesting aspect is the differentiation of this institution, consequences of this process and its manifestation in the criminal procedural legislation. The author formulates proposals that would allow organizing the procedural work of the judge and other parties in the trial at the pretrial stage of the criminal procedure, including hearing of motions on investigation. Original proposals are devised and substantiated by the author pertaining to the form of realization of the pretrial preparation institution for hearing motions on investigation during pretrial in criminal cases.

Keywords: regulation, norm, branch of law, criminal procedural law, solicitation, lex, jurisprudence, classification of legal institutions, law, investigative actions

DOI: 10.7256/2454-0706.2023.4.40531

Abstract: The article examines the right of the court not to summon a minor victim or witness to a court session for questioning and the possibility of announcing his testimony, which was previously given during the preliminary investigation, if technical means of recording his production were used during the interrogation with the help of video recording or filming. This problem is investigated in the context of the relationship between the immediacy of the trial, the right of the accused to defense, and above all the right of the accused to personally interrogate witnesses against him, as well as the need to protect minor victims and witnesses, providing them with additional guarantees. The subject of the study is not only the norms of the Criminal Procedure Code of the Russian Federation, but also international legal acts. The article for the first time examines the legal positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, which establish additional criteria for assessing the legality and validity of the disclosure of the testimony of minor victims and witnesses, including the conduct of a confrontation between these persons and the accused; the presence of legal representatives and a psychologist during the interrogation of minors; video recording of the interrogation at the preliminary investigation. The article formulates proposals for improving the norms of criminal procedure legislation, taking into account the balance of interests of the parties and the rights of minor participants in the process. In particular, it is proposed to conduct an interrogation of a minor in court in the absence of the defendant by his defender.

Keywords: legal positions of the courts, testimony, immediacy of the trial, right to protection, video recording, confrontation, interrogation, minors, material violation of the law, improvement of the law

DOI: 10.7256/2454-0706.2013.6.8057

DOI: 10.7256/2454-0706.2022.6.38243

Abstract: Criminal proceedings are the sphere of mandatory regulation. However, its development and modern achievements of the entire legal science as a whole make it possible to make relevant clarifications to its content (legislation and activities). The purpose of the work is to identify the most significant features of individual judicial regulation in the field of criminal proceedings and offer them to the general scientific community for discussion. The main subject of this study was the theoretical concept of "individual judicial regulation" and its features in criminal proceedings. In criminal proceedings to date, such studies have been fragmentary, whereas in the theory of law, civil sciences, this area is represented by large-scale and fundamental works. It seems that the scale of the research and its long history should be realized not only in civil proceedings, civil and administrative law, but also in criminal proceedings. One of the first in this series should be the definition of the concept of "individual judicial regulation in criminal proceedings". In the course of the research, traditional scientific methodology was used: including general scientific methods (dialectics, analysis, synthesis, generalization, etc.), as well as private scientific methods - comparative legal and formal legal. The applied methods of scientific research allowed us to gain new knowledge concerning the essential features of individual judicial regulation and their use in defining this concept. The result was the author's definition of individual judicial regulation in criminal proceedings. The application of the results is possible in the field of ongoing scientific research, in terms of improving criminal procedure legislation and the practice of its application. The main conclusion of the author is the need to introduce the concept of individual judicial regulation into criminal proceedings at the level of its theoretical provisions and into the legislative framework.

Keywords: participants in criminal proceedings, legal regulation, legal relations, criminal proceedings, the main signs, the concept, individual judicial regulation, judicial power, court decisions, procedural form

DOI: 10.7256/2454-0706.2023.11.68879

Abstract: Emphasizing the importance of judicial practice, the author notes that based on the results of the assessment of various aspects of judicial practice, conclusions are drawn about trends in judicial activity, about the effectiveness of procedural legislation, legislation defining the rules for the formation and functioning of the judicial system, as well as other legal acts, about the level of legality in judicial activity, as well as in the activities of pre-trial proceedings (for example, in the field of criminal justice), ensuring the rights of the individual and on many other issues. Particular attention is paid in the article to the definition of the very concept of "judicial practice", based on the identified characteristic features that allowed to reveal its essence and formulate a definition. The study also draws a correlation between "general applicability" and such concepts as "unity of judicial practice" and "uniformity of judicial practice". In his research , the author comes to the following conclusions: 1. Judicial practice is a set of any procedural acts created in the course or as a result of judicial activity. Judicial practice should include both court decisions (final or interim) and protocols of judicial actions, as well as other documents that may become the basis for the occurrence of legally important consequences. 2. General applicability is considered as the possibility of using the results of one judicial body by other courts in their procedural activities. 3. The unity of judicial practice is considered as a property that is not inherent in judicial practice by definition, but it is a necessary quality that is subject to formation in judicial practice by taking appropriate measures on the part of the authorized judicial body.

Keywords: general applicability, criminal proceedings, uniformity, judicial practice, law enforcement, unity judicial practice, Criminal proceedings, interpretation, application rules law, rules law

DOI: 10.7256/2454-0706.2018.8.27158

Abstract: The subject of this research is the norms of the Russian and foreign legislation that regulate the validity of expert testimony in criminal procedure. The object of this research is the legal relations emerging in the course of verification and assessment of expert testimony from the perspective of its validity in criminal procedure. The author carefully examines the criteria of validity of expert testimony in the Russian Federation and the United States. Special attention is given to the criterion of general recognition of expert methodology. The author also reviews the question of the use of specialist opinion for contesting the expert testimony from the standpoint of validity. Based on the conducted analysis, the author states that unlike the U. S. legislation, the Russian legislation does not contain the requirements for validity of the expert testimony, which results in the absence of any competition between the criminal case experts. The author’s main contribution to the research of this topic consists in analyzing the criterion of the general recognition of methodology for settling the question of validity of the expert testimony in criminal procedure.

Keywords: EXPERT, THE RELIABILITY OF THE EXPERT TECHNIQUE, THE USE OF EXPERT METHODS, THE EVALUATION OF THE EXPERT, EVALUATION OF THE RELIABILITY OF EVIDENCE, JUDICIAL EXAMINATION, SPECIAL KNOWLEDGE, LEGAL EXPERTISE, EXPERTISE, EXPERT OPINION

DOI: 10.7256/2454-0706.2021.3.35190

Abstract: The subject of this research is the evolution of the structure of judicial system of the Russian Federation in the late XX – early XXI centuries. Description is given to the changes undergone by the Russian judicial system after dissolution of the Soviet Union. The author follows the dynamics of the normative legal changes that regulate judicial proceedings, as well as reveals the institutional framework of the modern structure of judicial system of the Russian Federation. The article illustrates the institutional and normative changes within the structure of judicial system of the Russian Federation in the late XX – early XXI centuries based on application of the comparative-legal and systemic methods of research. The novelty and the main conclusions lie in the following: it is established that the Russian Federation has issued the normative legal acts that contribute to the strengthening and unification of the Russian judicial system, uniformity of social guarantees and compensations set for judges. Currently, the judicial system of the Russian Federation is founded on the principle of combining administrative-territorial and district organization. It is determined that the judicial system of the Russian Federation consists of 1) the Constitutional Court of the Russian Federation; 2) the Supreme Court of the Russian Federation; 3) federal courts of general jurisdiction; 4) arbitration courts; 5) magistrates’ courts of the constituent entities of the Russian Federation. It is noted that since January 1, 2023, the Constitutional (statutory) courts of the constituent entities of the Russian Federation will be abolished.

Keywords: courts of general jurisdiction, judicial institute, the judicial system, judicial branch, judicial system, structure, judicial reform, magistrates' courts, arbitration courts, jurors

DOI: 10.7256/2454-0706.2021.12.37170

Abstract: The subject of this research is the problem of improving the effectiveness of conciliation procedures, their relevance to the citizens, and increasing the role and importance of the forms of pacific settlement of the dispute within the Russian system of justice in the conditions of digitalization of judicial activity. The goal of this article is to prove online reconciliation as a method for improving access to justice, as well as substantiate the integrated model of reconciliation in judicial activity using digital services and platforms. Leaning on the works of the Russian and foreign researchers (V. M. Zhuykov, S. K. Zagaynova, V. V. Yarkov, and others), the conclusion is made that the institution of reconciliation, including mediation, is historically built around the judicial system. Hindsight analysis of the judicial and non-judicial forms of dispute settlement indicates their coherent development. The implementation of the digital platform “Justice Online” in judicial activity allows improving citizens’ access to dispute resolution in or without judicial proceedings using pacific means. In the current context, reconciliation is viewed within the structure of judicial activity and consists in implementation of reconciliation procedures, including online reconciliation, in the courthouse or with the involvement of court, or via digital judicial platforms. The application of comparative legal analysis substantiates the integrated mod el of reconciliation, which has the following characteristics: access to mediation services in the courthouse; granting authorities to the court staff for elucidation of the possible methods of dispute settlement; accretion of power of reconciliation judges; integration of technological services of online reconciliation with the digital judicial platform; merger between the website of the court and the websites of mediation organizations.

Keywords: integrated model of reconciliation, online reconciliation, digital platforms, mediation, justice, access to justice, judicial workload, institution of reconciliation, judicial activity, website

DOI: 10.7256/2454-0706.2017.3.21587

Abstract: The subject of this research is the application of complex approach towards unification of the norms of civil and arbitrary procedures, as well as consideration of the international experience, successful, implementation of civil law institutions within one group of countries that are unique to these countries, results of scientific examination, historical experience, and account of the established judicial practice in their combination and interconnection as the single complex of conditions necessary for exclusion of the conflicts in unification of the norms of civil and arbitrary procedures in the Russian Federation. The main conclusion of the conducted research consists in the following: there is a need for taking into account the cross-sectoral vector of development and improvement of law, and because the norms of substantive law are closely related to the norms of procedural law, as well as are mutually complementing, emerges the demand in organization of the lawmaking process, considering a specific doctrine. The author suggest systematization of the scientific examination on unification of the norms of civil and arbitrary procedures according to the doctrinal affiliation for the appropriate understanding of applicability of the context of solution, proposed by the result of the research.

Keywords: paradigm of civil procedure , concept of the Unified Civil Procedural Code of the Russian Federation, context of solutions, complex approach, systematic approach, systematization, harmonization of procedural law, civil procedure law, reform of the civil law, codification

DOI: 10.7256/2454-0706.2018.11.27569

Abstract: This article discusses the controversial questions emerging in the context of judicial implementation of the Part 6 of the Article 15 of the Criminal Code of the Russian Federation on changing the grade of the crime for a less grave. The author identifies certain problems in legislative regulation pertinent to the transformation of the category of crime, and suggests the ways for their elimination. Part 6 of the Article 15 of the Criminal Code of the Russian Federation is viewed through the prism of liberalization and humanization of the criminal legislation. The author notes that the declared vector of liberalization and humanization of the criminal legislation can be realized via introducing the corresponding amendments into the Criminal Code and Criminal Procedure Code of the Russian Federation. The main conclusion of this research lies in the fact that the enforcement of the Part 6 of the Article 15 of the Criminal Code of the Russian Federation leads to a number of the criminal legal and criminal procedural issues that contribute to the accomplishment of objectives of the Criminal Code of the Russian Federation. The author underlines that the ambiguity of the legislative formulation casts a doubt on its unambiguous application. In case of revealing contradictions between the criminal and criminal procedure legislations, the priority should take the norms of substantive law, i.e. the Criminal Code of the Russian Federation, while the Criminal Procedure Code of the Russian Federation should be brought into accord with the criminal law.

Keywords: nature of public danger, criminal policy, liberalization of legislation, humanization of legislation, judicial discretion, category of the crime, degree of public danger, practice of the court, crime, doctrine of criminal law

DOI: 10.7256/2454-0706.2020.12.34103

Abstract: The subject of this research is the impact of assessment of judicial performance in accordance with the indicators of judicial statistics upon the organization of culture of the Russian court, which incorporates the shared by majority of judges informal rules of conduct, traditions, and values. The article describes such criteria for assessment of judicial performance as “quality”, “quantity”, and “terms”. In studying the historical origin of judicial performance assessment based on judicial statistics, it is demonstrated that the tradition of such assessment was founded in the 1930s, when political leadership who carried out repressive policy instigated “socialistic competition” between the courts and the judges. The article analyzes the impact of the “struggle for statistics” upon conduct of judges. Such circumstance that in consideration of cases the judges take into account judicial statistics violate the requirement of procedural fairness. There is a contradiction between the Russian legislation, which for the most part complies with the universally recognized international principles, and conservative organizational culture of the Russian courts. Mechanism of reproduction of the latter is the inertia of the “struggle for statistics”. In order to bring into compliance the representations of Russian judges on the acceptable conduct with the values of democratic justice, the system of assessment of judicial performance requires revision.

Keywords: stability of judicial acts, appeal practice rate, quality of work of a judge, race for statistics, judicial statistics, evaluation of judicial activity, corporate culture of judges, judiciary, number of cases, procedural terms

DOI: 10.7256/2454-0706.2022.7.38244

Abstract: In legal science, such a direction of research as individual legal regulation has become widespread. On its basis, types are distinguished, including individual judicial regulation. This concept is of particular importance for criminal proceedings and its study can lead to new theoretically and practically significant results. Considering that the study of individual judicial regulation has been conducted for many years in the general theory of law, in civil law, the purpose of this work was to generalize their individual results (in terms of the main features of individual judicial regulation) and to develop the main directions of their application in the field of criminal proceedings. The object of the study was relations in the field of judicial criminal procedural activity. Methods of analysis, synthesis, generalization, comparative legal, formal legal, modeling were used in the study. The main results were expressed in the identification of knowledge useful for the science of the criminal process, obtained by scientists in the field of theory of law (V.V. Ershov, V.M. Gorshnev, S.S. Alekseev, etc.), civil law (V.V. Kulakov, A.D. Koretsky, V.V. Gruzdev, etc.) and determining their significance for conducting research of individual judicial regulation in criminal proceedings. The author's conclusion based on the results of the study is the need to develop scientific research in relation to individual judicial regulation in criminal proceedings as a potentially effective means of resolving criminal law conflicts, taking into account the developing trends of procedural contracts, agreements and other vectors that increase the level of individuality of decisions made by the court.

Keywords: criminal procedural activity, civics, participants in criminal proceedings, legal relations, legal regulation, criminal proceedings, judicial regulation, individual legal regulation, individual judicial regulation, theory of law

DOI: 10.7256/2454-0706.2022.8.38673

Abstract: The relevance of this study is that due to the conditions of the globalization of the world economy and the development of international commercial turnover, the importance of international commercial arbitration is rapidly increasing. There is also complexity and ambiguity in understanding the legal category of "public order" because this institution is not a definitively regulated area of law enforcement in the modern legal order. This article’s research object is the social relations arising through the activities of arbitration courts in international commercial turnover. This work aims to identify the procedures, mechanisms, and features of applying the public policy clause in recognizing and enforcing international commercial arbitration decisions. When writing this article, both general scientific research methods, including analysis, synthesis, deduction, and induction, and special methods of cognition, such as comparative legal and descriptive methods, were used. One of the main methods in this work is comparative law, as it helps identify the similarities and differences of the legal systems under consideration, which are the subject of the study. The novelty lies in consideration of the correlation of issues concerning the legal nature of "public order," as well as the analysis of cases related to the procedure of refusal to recognize and enforce decisions of international commercial arbitration in the territory of a foreign state based on contradiction to public order. In the course of the study, the following conclusions were made. The complex problems that have formed in this area are almost impossible to solve by signing and putting into effect a single normative legal act at an international level. The list of cases applying this legal category in arbitration activities is non-exhaustive. The public policy clause is one of the most important components of the institutions of private international law. The institution of public order has an extraordinary character in the decisions of international commercial arbitration.

Keywords: international relations, right, private law, commercial law, the civil code, Russia, arbitration court, arbitration, public law, international law

DOI: 10.7256/2454-0706.2021.9.36333

Abstract: This article examines the correlation between constitutional argumentation and the models of transformation of legal rules occurring under the influence of constitutional judgments. With references to the case law of the Russian Constitutional Court, the German Constitutional Court, and the United States Supreme Court, the author analyzes argumentative patterns that arise when dealing with specific options for legislative correction. This article focuses on such measures as striking down a legal provision, formulating an exception to a general rule, correcting the hypothesis, disposition, and sanction of a legal norm, clarifying the mechanisms of legal regulation in terms of time, territory, and persons affected, filling legislative gaps and providing additional safeguards. The article makes an original contribution to scholarship because it explores constitutional argumentation instrumentally. Having shown that argumentation serves a supplementary function to judicial review, the author identifies the argumentative patterns prevailing in constitutional discourse and analyzes the mechanism of constructing arguments. It is argued that constitutional reasoning reflects the critical assessment of lex lata and portrays its constitutional deficiencies with a simultaneous projection of normative models that meet constitutional requirements. The article concludes that constitutional argumentation aims to demonstrate constitutionally acceptable legislative decisions and explain why, how, and in what part a challenged law is to be amended.

Keywords: argumentative pattern, constitutional justice, normative correction, legal regulation, constitutionality, constitutional review, argumentation schemes, constitutional court, reasoning, legal argumentation

DOI: 10.7256/2454-0706.2022.2.37452

Abstract: The subject of the study is the legal specifics of the recognition of decisions made by foreign justice institutions and their subsequent execution by the nature of the case. The presented aspects are an integral component of effective modern cross-border legal interaction, and also provide practical guarantees for the protection of the rights of its direct participants. In the context of a specific mechanism of legal regulation of the international turnover of variable judicial acts, the most significant point is the establishment of the object of the recognition in question and subsequent execution. Within the framework of our state, the specifics of recognition and enforcement are provided for by the provisions of relevant international treaties, as well as the norms of current domestic federal legislation вЂ“ in cases where it is a question of recognizing decisions for which there is no need for enforcement. The provisions of the Minsk Convention of the CIS countries, the Kiev Agreement of the CIS countries, the variable bilateral treaties of our state establishing the rules of legal assistance, other international treaties, the norms of which fix the procedure for recognition and subsequent enforcement of decisions taken by foreign justice institutions, the norms of current domestic legislation and current accumulated law enforcement practice. The author focuses on the analysis of current trends in the regulation of these relations, including through the use of relevant materials of the development of the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Cases, which indicates the novelty of the study. The main conclusion of the study is to identify the variable directions of determining the range of foreign court decisions that are recognized and enforced, while taking into account the features of judicial acts and relevant proceedings that determine their formation. When analyzing a foreign court decision as a specific object of appropriate recognition and enforcement, several aspects are subject to consideration, first of all, we are talking about the nature of the individual case in connection with which the decision in question was made.

Keywords: object of recognition, recognition of foreign decisions, enforcement of decisions, court decision, court, the nature of the court case, categories of civil cases, international civil procedure, execution of foreign decisions, foreign court decision

DOI: 10.7256/2454-0706.2019.6.29992

Abstract: The object of this research is some relevant problems of prosecutor’s involvements in examination of criminal cases by the courts. The subject of this research is the materials of prosecutorial and judicial practice, as well as the existing legislation of the Russian Federation. Currently, the participation of prosecutors in examination of criminal cases cannot be referred to as the absolute duty in the work of the National Prosecutor's Office. Therefore, the autho0r determines the problems of subjective and objective character. Human factor can be regarded as the first group: the inappropriate organization of work of the prosecutor’s office or its structural department on ensuring prosecutors’ participation in examination of criminal cases by the courts, as well as the insufficient experience of prosecutors and neglectful attitude to their duties. The second group implies the inadequacies of certain provisions of the existing Federal Law “On the Prosecutor's Office of the Russian Federation”, including those contradicting the Criminal Procedural Code of the Russian Federation. The author underlines the urgent need for their solution, as well as proposes the original methods to overcome them. Special attention is given to education and self-education of the prosecutors, and bringing the provisions of the Articles 36 – 38 of the Federal Law On the Prosecutor's Office of the Russian Federation” in compliance with the norms of the Criminal Procedural Code of the Russian Federation.

Keywords: imperfections of legislation, criminal case, the jury, public prosecutor, prosecutor, prosecutor's office, judge, the court, problems, solutions

DOI: 10.7256/2454-0706.2022.7.38386

Abstract: The subject of the research of this article is the legal norms regulating the features of the use of automated systems for the distribution of cases in courts, as well as law enforcement practice for the organization of such activities. The object of the research is procedural relations arising during the use of this system in the judicial proceedings of the Russian Federation. The author reveals the contradictions that arise between theoretically fixed normative provisions and their practical implementation. The features and problems of the activity of courts in the application of the mechanism of automated distribution of court cases are identified. The author substantiates that it is necessary to improve legislative acts aimed at court using an electronically automated system for the distribution of court cases. Author talks about the problems of legalizing organizational rules that fix the automated procedure for the distribution of cases in courts and the distribution of the judicial burden. Considers it necessary to create a full–fledged procedural and legal mechanism for the automated distribution of cases in courts to supplement the norms of the current legislation in the relevant part with cases of impossibility of using automated equipment, as well as rules of a different order of distribution of cases. The result of the work is the original author's suggestions and recommendations that form the novelty of the work. In particular, the adoption of the Federal Law "On Judicial Workload" has been proposed, proposals have been developed in the form of draft articles on amendments and additions to the procedural codes of the Russian Federation regarding the establishment of promising directions for the formation of the composition of the court using an electronically automated system for the distribution of court cases having a "flexible" nature. Modeling which the author used the formal legal method, analytical, logical and other methods of scientific cognition.

Keywords: composition of the court, objective distribution of cases, legal regulation, impartiality, independence of judges, procedural legislation, digital technologies, informatization of courts, digitalization, legal proceedings

DOI: 10.7256/2454-0706.2017.7.23430

Abstract: The subject of this article is the legal aspects of matrimonial relations in of the largest partners of Russia – China, from the perspective of determining the role of judicial interpretation in evolution of the procedural practice in this sphere. The traditional family law is considered a legal branch that is less affected by changes; however, the changes take place. The author covers the most essential aspects of functionality of the matrimonial relations – since the conclusion of marriage up until divorce. Special attention is given to the question of appraisal of judicial interpretation by the citizens of People’s Republic of China. The author leans on the subjective-objective set of the processes and phenomena in the surrounding world. The main conclusion of the conducted research lies in the position that under the conditions of ambiguity and contradiction of the approaches of legislation and judicial practice, people themselves take on the protection of their rights. Results of the work serve as a source of relevant information on the acting law of one of the dynamically developing countries of the world, and thus, can be valuable for the practitioners who maintain ties with China, as well as the law enforcement agencies in Russia; it also enriches the science of the national private law.

Keywords: property jointly owned, spouses, judicial Interpretations, litigation, divorce, family, marriage, China, personal property, community property

DOI: 10.7256/2454-0706.2018.1.24937

Abstract: The institution of preparation of criminal cases for trial is defined by the order of procedural actions and procedural decisions at the time of transfer of the criminal case from the prosecutor’s office to the court. The results of the corresponding criminal procedure work of the authorized subjects are defined by the efficiency of trial of the criminal case in court, including such aspect as speediness of trial of the criminal case. The importance of the procedural tasks before the institution of preparation of criminal cases, the need for optimization of the ways and means of their solution actualizes the academic research on the corresponding issues. One of the factors contributing to current increase of academic interest towards this institution is the development of judicial work at the pretrial stages, which seems to require advancement and normative formalization of the precepts of preparation for trial in cases submitted to court by the parties of the criminal justice according to the Article 125 of the Criminal Procedure Code of the Russian Federation, recommendation of the branch of preliminary investigation on detective work, execution of preventative measures, etc.

Keywords: Pretrial, Legal norms, Trial, Jurisprudence, Law, Judicial process, Court session, Preparation, Institution, Criminal procedure law

DOI: 10.7256/2454-0706.2020.4.32196

Abstract: This article analyzes the controversial issues of attributing the right of access to justice to the principles of criminal process. The author meticulously examines the origin of the right of access to justice in the Article 52 of the Constitution of the Russian Federation. The subject of this research is the norms of Russian and foreign legislation regulating the right of access to justice in criminal process. The object is the legal relations emerging in implementation of the right of access to justice. The article explores regulation of the right of access to justice in legislation of the Russian Federation and CIS member-states. It is demonstrated that the right of access to justice possesses certain characteristics that allow attributing it to the principles of criminal process: it represents an objective legal category that reflects the dominant in society political, legal and ethical ideas, and is most common legal provision in relation to other norms of law. A conclusion is substantiated that absence of the right of access to justice in criminal procedural legislation is a unique case of a gap in the principle of law.

Keywords: principles of criminal justice, principles of justice, gaps in law, criminal process, principle of law, access to justice, stages of the criminal process, criminal procedure law, constitutional law, criminal proceedings

DOI: 10.7256/2454-0706.2022.3.34635

Abstract: The article raises the question of whether it is correct to use the term "efficiency" when evaluating judicial activity using quantitative indicators of judicial statistics. These indicators are focused on the departmental needs of a closed-in judicial system. The article shows that in relation to the assessment of the activity of courts according to judicial statistics, it is correct to use the term "productivity". The thesis of the article is that when evaluating the work of courts and judges, to distinguish productivity from efficiency. It is noted that the productivity of ships and their efficiency are not directly dependent. Particular attention is paid to determining what constitutes the effectiveness of judicial activity. The author comes to the conclusion that the effectiveness of judicial work can be investigated by studying the assessments of courts and judges by their "clients" - litigants, other persons involved in the case, society as a whole. Courts act effectively if their "reputation capital" increases in the eyes of society. The currently used indicators of judicial statistics should be replaced by an assessment of the effectiveness of justice based on a sociological study of the reputation of the judiciary. The judiciary should have its own structures to monitor changes in public opinion regarding the reputation of the courts. When considering a possible methodology for assessing the reputation of courts and judges, it is noted that it is not expressed in quantitative data. Shifting the emphasis in the evaluation of judicial activity to the study of efficiency will provide feedback to the judicial system with its "clients", will form additional motivation for judges to take care of their own reputation in the eyes of public opinion.

Keywords: stability of judicial acts, ship performance, corporate culture of courts, evaluation of judicial activity, judicial statistics, efficiency of courts, the quality of the judge's work, reputation of the court, number of court cases, procedural deadlines

DOI: 10.7256/2454-0706.2018.6.26489

Abstract: The subject of this research is the category of subjective interest in administrative judicial procedure. The article analyzes the regulation of the Article 128 (Section 3, Part 1) of the Code of Administrative Judicial Procedure of the Russian Federation that stipulates refusal in accepting an administrative statement of claim in determining by the court the lack of legal interest of an administrative plaintiff. The author considers the scientific positions and the practice of superior courts on the question of establishing by the court of legal interest of an administrative plaintiff in the absence of partied, as well as analyzes the question of interpretation of the concept of subjective interest of an administrative plaintiff, including in legal relations on environmental protection. The following conclusions were made in the course of this work: the question on subjective interest in administrative judicial procedure can be a separate object of dispute, and a plaintiff must be afforded an opportunity to adduce evidence in order to substantiate the presence of interest. The court refusal in accepting administrative statement of claim is inadmissible in case of potential violation of the socially important interests, which can affect the interests of an administrative plaintiff. The author’s special contribution lies in conclusion on the need for adopting clarifications by the Supreme Court of the Russian Federations on the extensive interpretation of the Article 11 of the Federal Law “On Environmental Protection”.

Keywords: Supreme Court's case-law, environmental, preventive claim, Constitutional Court's case-law, administrative procedure Code of the Russian Federation, subjective right, personal interest, Administrative judicial procedure, challenging regulations, subject of law

DOI: 10.7256/2454-0706.2020.10.33985

Abstract: This article provides comprehensive description of the crime established by the Article 274.1 of the Criminal Code of the Russian Federation. The subject of this research is the crimes in the area of information technologies and their circumstances set by the Article 274.1 of the Criminal Code of the Russian Federation, as well as comprehensive characteristic of criminal impact upon the critical information infrastructure of the Russian Federation. The subject of research also includes the concept of the object of infringement – the critical information structure of the Russian Federation, isolated circumstances of the instance of crime that determine the nature and dynamics of criminal activity thereof, classification and criminalistic characteristic of the objects of crime, essential evidence of unfavorable consequences of undue influence upon critical information structure of the Russian Federation. Definition is given to the concept of the object of infringement – the critical information structure of the Russian Federation. The author examines isolated circumstances the instance of crime that determine the nature and dynamics of criminal activity thereof. Classification and criminalistic characteristic are given to the objects of crime; essential evidence of unfavorable consequences of undue influence upon the critical information structure of the Russian Federation is identified and analyzed. The author concludes that taking into consideration the fact that currently there is no practice, guidelines, recommendations on investigation and detection of crimes established by the Article 274.1 of the Criminal Code of the Russian Federation, the crimes that fall under the indicated category have even grater latency compared to other crimes of the Chapter 28 of the Criminal Code of the Russian Federation, which necessitates the development of guidelines, recommendations, normative legal and local acts on detection, investigation and prevention of crimes in the area of computer technologies.

Keywords: effects of crime, subjects of the crime, dynamics of criminal activity, criminal event, information structure of Russia, critical information infrastructure, information crimes, criminalistic and criminal law characteristics, the concept of the object of encroachment, cybercrime

DOI: 10.7256/2454-0706.2019.5.29477

Abstract: In a systematized manner, this article addresses the most interesting from the author’s perspective findings of foreign scientists, emerged at the interface of technologies and criminal justice. The research covers the questions of selecting pre-trial restrictions, anticipation of committing crime, rapid response upon its commitment, and others. The unifying concept of the review is the theory of Fourth Industrial Revolution. Interpretation of the translated information is accompanied by the author’s analytics, connecting the ideas of foreign researchers and certain theories of national advocates of processualism. The following conclusions were made in the course of this study: 1) it is possible to combine computer aided learning with the patterns of selecting pre-trial restrictions proposed by the Russian scholars; 2) concentration of efforts on comprehension of technological innovations in penal sphere may lead to the creation of “Technological Model of the Criminal Process”.

Keywords: algorithm, the Fourth Industrial Revolution, Models of the Criminal Process, machine learning, big data, decision-making, criminal process, predictive decision, cognitive decision, pretrial detention

DOI: 10.7256/2454-0706.2014.1.6665

DOI: 10.7256/2454-0706.2014.1.52138

Abstract: The active part of the Supreme Court and a special position of the judiciary system in the structure of the distribution of powers played a special role in the formation of the Israeli right. Historically, a special place of the court in Jewish law and culture is due to the fact that in a certain sense, the judge in the community level was the only law enforcement official; moreover, he often performed functions in the role of a legislator. The article examines the formation stages of the Supreme Court of Israel and the acquisition of its independence. Also, we can see here the concerns that declare that with the new President of the Supreme Court, this body will become less independent.

Keywords: jurisprudence, judge, the Israeli right, activism, Barak, discretion, basic laws, executive branch and Knesset.

DOI: 10.7256/2454-0706.2013.1.51901

Abstract: A number of legal scholars and practicing lawyers prefer novel and progressive technologies in the criminal judicial procedure, including the electronic case file. Also, the federal programs on development of judicial system contain some prerequisites, which “push” the judicial system towards the introduction of the electronic case files. However, it seems more reasonable to develop federal programs for the pre-trial criminal procedures. The existing provisions for the modern technologies shall allow to introduce the electronic case files in the nearest decade, and it shall not require any considerable amendments in the Criminal Procedural Code of the Russian Federation. However, it shall be necessary to provide legislative regulation for the application of this technology, to avoid barriers and problems, which may arise due to the introduction of an electronic form of criminal cases.

Keywords: jurisprudence, judicial procedure, criminal, process, court, technologies, electronic, carrier, information, program.

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.

Keywords: territorial remoteness, geographical factor, access to justice, judicial district, court proceedings, criminal procedure, court of appeal, judicial reform, transport accessibility, videoconference

Abstract: The article is devoted to the new Federal Constitutional Law of the Russian Federation of February 7, 2011 n.1 “On the Courts of the General Jurisdiction of the Russian Federation”. The author analyzes the new law and shows the possibility for its amendment and improvement.

Keywords: jurisprudence, court, appeals, board, instance, panel, the Supreme Court, Chairman, powers, judges.

Abstract: In this article S.G. Kovalenko analyzes the norms of the international law, which provide for the internal structure and the everyday work of the ITLOS, draws parallels with the ICJ, studies the existing reforms…

Abstract: In modern criminal proceedings, there is a lack of a clear concept regarding the principle of immediacy. On the one hand, this principle is not included in the list of principles of Chapter 2 of the Code of Criminal Procedure of the Russian Federation, and on the other hand, the rule set out in Article 240 of the Code of Criminal Procedure of the Russian Federation on immediacy, as a general condition of judicial proceedings, is much broader in content than the method of examining evidence established by law only at this stage. Articles 276 and 281 of the Code of Criminal Procedure of the Russian Federation, although they retained the name similar to Articles 281, 286 of the Code of Criminal Procedure of the RSFSR, according to the norms contained in them, can hardly, as before, be interpreted by exceptions to the requirement of direct examination of evidence. However, it is in this sense that they are indicated in Article 240 of the Code of Criminal Procedure of the Russian Federation. Due to the fact that the content of the principle of immediacy has not been disclosed by the legislator (as it was done with respect to other principles of criminal proceedings in Chapter 2 of the Code of Criminal Procedure of the Russian Federation), law enforcement practice has lost its orientation in the application of procedural norms…

Abstract: Decision of a court in a criminal case is a crown to the entire set of the preceding criminal procedural activities. Naturally, being a procedural document, such a decision should show all the relevant legal and factual issues, which led the court to the conclusion that it reached… For this very purpose, as the author of this article points out, it is paramount to have the good quality of evidence as a basis for such decision.

DOI: 10.7256/2454-0706.2020.6.32358

Abstract: The object of this research is the questions of determination of legal status of the prosecutor participating in arbitration proceedings, and problematic aspects pertaining to exercise of his powers in reference to arbitration with a claim, as well as entering the proceedings in accordance with Part 5 of the Article 52 of the Arbitration Procedure Code of the Russian Federation. The subject of this research is the materials of prosecutorial law enforcement practice and case law, as well as the norms of arbitration procedure and civil procedure legislation. The following methods were applied in the course of this work: formal-logical, comparative analysis, comparison, analysis and synthesis, systemic and structural analysis for the purpose of studying separate elements of the legal status of the prosecutor. The author conducted a comprehensive research of the legal status of the prosecutor who participates in arbitration proceedings. A conclusion is drawn that the prosecutor’s status can be defined as a government representative in his participation in the proceeding upon the initiative, or in entering the proceedings in accordance with Part 5 of the Article 52 of the Arbitration Procedure Code of the Russian Federation. In order to determine the legal status of the prosecutor, the author analyzed the powers assigned by the Arbitration Procedure Code of the Russian Federation, as well as describes separated aspects that ate not regulated by the Arbitration Procedure Code of the Russian Federation. Recommendations are given on the improvement of legislation that establishes the mechanism of exercising powers of the prosecutor in the arbitration proceedings.

Keywords: applicant, civil proceeding, state representative, introduction, the prosecutor's conclusion, settlement agreement, powers of the prosecutor, arbitration proceeding, prosecutor, the prosecutor's office

Abstract: K.A. Grigorov’s article contains analysis of the legal provisions on immunity of prosecutors, investigators and advocates in the Russian law ever since the Provisions on judicial institutions and the Ustav on criminal judicial proceedings of 1864 up to the modern Federal Law “On the Prosecutors’ Office of the Russian Federation”. Much attention is paid to the legal status of the military prosecutors’ office and prosecutors’ office at the Soviet time. The author also offers to introduce changes into the modern legislation.

Abstract: In this article E.A. Pevtsova studies topical problems of formation of legal conscience and legal culture of the people in Russia, which should ensure that the people can actually use their rights. The author reviews existing positions of various scientific schools on legal education and legal conscience, emphasises the role of the state in forming legal conscience within the modern society, necessity of paying special attention to the legal education and legal culture of the young people.

DOI: 10.7256/2454-0706.2019.11.31272

Abstract: This article explores the question of unification of the current legal norms that establish the requirements for the candidacy of the court administrator in the courts of the subjects of the Russian Federation and administrators of district courts. The author examines the current normative requirements of the Russian Federation for candidates seeking the position of court administrator of the subject of the Russian Federation and district courts. Research is also conducted on the legal status of court administrators regardless of the department within the legal system in which they perform their duties. The research is based on the comparative legal analysis of the requirements for the candidates seeking the position of court administrator of the subjects of the Russian Federation and district courts, with concretization of their official duties. The author substantiates the idea, according to which the absence of the legal requirements for the position of district court administrator with qualifying experience for the position of state civil service that would be presented to a candidate for the court of the subject of the Russian Federation, with both positions having practically identical work and function description, testifies to the absence of sufficient unified legal regulation that would eliminate legal indecision.

Keywords: state civil service, experience, requirements, courts, management, judge, the court administrator, authority, activity organization, control

Abstract: The legislator has fixed a provision in the Criminal Procedure Code of the Russian Federation, according to which any person with special knowledge and participating in all procedural actions, except for the examination, acts as a specialist. At the same time, the purpose of attracting a specialist is even stipulated — to assist in the detection, fixing and seizure of objects and documents, the use of technical means in the study of criminal case materials, to raise questions to the expert, as well as to explain to the parties and the court issues within his professional competence. However, if the mechanism for attracting a specialist to participate in investigative actions was developed in detail earlier, then the possibility of his involvement in procedural actions or for the use of technical means in the study of criminal case materials, raising questions to the expert is only declared.

DOI: 10.7256/2454-0706.2021.3.34355

Abstract: The implementation of the constitutional principle of judicial independence directly correlates with the criteria by which their activity is being assessed. Russian courts use judicial statistics for assessing the performance of judges. This article analyzes the applicability of statistical indicators as direct indicators of the performance of judges. The hypothesis advanced that with sufficient pressure and absence of artificial manipulations, the statistical probability of maximum indicators of “quality” and “terms” tends to zero. Statistical values are determined by a range of factors, including those that do not depend on the judges. Their objective and direct imputation to judges misinforms and distorts the reality. The assessment of mental work of the judges in exact figures is pointless. The conclusion is made that the achievement of the maximum statistical indicators cannot be a value orientation of the judicial system. The simplicity of their use is deceptive. In reality, the assessment of judges by “quality”, “quantity” and “terms” is imbalanced, inconsistent, and non-functional. Statistical indicators can be used for assessing the performance of judges only as indirect indicators. In this case, it is feasible to use the “red flags” method, which means that only significant departure from the norm should be taken in account in assessing judicial activity.

Keywords: appeal practice rate, quality of work of a judge, race for statistics, judicial statistics, evaluation of judicial activity, judicial burden, judgement mistake, stability of judicial acts, number of cases, procedural terms

Abstract: The problem of inner assurance within the context of the criminal process is not a new one. However, there is still no unified approach to the functional goal of the inner assurance. At the same time one shouldn’t say that the problem of inner assurance is purely procedural, since it has a psychological aspect to it, and cannot be considered a purely legal category. That is why, the authors turned to those studying legal psychology and found different approaches to legal assurance…

Abstract: Starting with the Ustav on criminal judicial proceedings of 1864 Russian criminal process did not provide for the adversary proceedings prior to the court hearing. The same principle was reflected in the Criminal Procedural Codes of 1922, 1923, 1960. Only within the period between the 1991 and 2001 the tradition of “hybrid” criminal proceedings was changed for the adversary proceedings, based upon the principles of the Anglo-Saxon legal system, and the change was expressed in the new Criminal Procedural Code of 2001, which came into force since July 1, 2002.

DOI: 10.7256/2454-0706.2023.11.68843

Abstract: The subject of the study of this article is the peculiarities of reflection in the minds of jurors taking part in the administration of justice, the legal logic that underlies both the criminal process and the charges brought against the defendant. Considering this problem through the prism of the procedural role of the public prosecutor, the author turns to presumptions, fictions and stable expressions, that is, professional cliches that are accepted in the legal community, but may not be understandable to jurors. The article provides examples of such presumptions, fictions and cliches and reveals the difficulty of understanding their logic on the part of an ordinary person. The main conclusions of the study are reduced to the need for the public prosecutor to use preventive thinking when making an introductory statement, when forming a question sheet and during a speech in the debate of the parties. The public prosecutor should not only know the materials of the criminal case perfectly, but also be able to bring them to the attention of jurors in an accessible way. Preliminary work with the text should play an important role: presumptions, fictions and professional stamps should be excluded from it, if possible; if it is impossible to do this, it is necessary to explain their essence to the members of the board who administer justice.

Keywords: criminal process, jurors, legal logic, fictions, presumptions, professional stamps, opening statement, public prosecutor, question paper, debate between the parties

DOI: 10.7256/2454-0706.2019.12.31628

Abstract: The subject of this research is the specificity of the case law on criminal cases on involvement in terrorist activity, public calls to action of terrorist activity and propaganda of terrorism. The choice for the subject is justified by the unfolding discussion in the scientific community regarding the reasonableness of introduction of these norms. Analysis of the rulings allows establishing the following parameters, characterizing the current case law on crimes in accordance with Article 205.1 and 205.2 of the Criminal Code of the Russian Federation (CCRF): socio-demographic characteristics of the convict, prior charges, nature of crime, multiple counts, and sentence. Establishing these parameters can in turn be used to determine the existing problems of qualification of the studied crimes and development of solutions. The main conclusions of the conducted research consists in confirmation of the reasonableness of introduction into the Special Part of the CCRF of norms established by the Article 205.1 and 205.2 of the CCRF, since this legislative solution filled the previously existing gap in the part of arraignment for fruitless involvement and commission of crimes of terrorist nature, as well as material support of terrorist organizations.

Keywords: terrorism financing, terrorism propaganda, justification of terrorism, public appeals, implication, public instigation, terrorist activity, judicial practice, sentencing, prevention

Abstract: The changes, which took place in the late XXth century due to new information technologies and related changes in government, education, mass communications had their influence in the sphere of foreign policy. And the influence of informatization on geopolitics is the subject of study in this article.

Abstract: Until 1990, the legislation of the Russian Federation did not provide for the very concept of moral harm, as well as the possibility of its compensation in monetary terms, since the opinion about the inadmissibility of assessing and compensating moral harm in the form of property took root in the public legal consciousness of the past years. Currently, a number of articles of the Civil Code of the Russian Federation and some other normative acts are devoted to the issues of compensation for moral damage. We can say that a new legal institution of the obligation to compensate for moral damage has been formed, which has existed for more than 10 years. However, the formation of this institution cannot be considered complete. The practice of applying its norms is not well-established and sufficiently uniform. In the law-making and enforcement of these norms, a significant number of problems have arisen and remain, both in theoretical and practical terms. This article is devoted to the actual problems of theory and practice.

Abstract: A compromise way of resolving and behaving in a conflict has found its consolidation in the current CPC, and in the practical activities of the investigative bodies. However, the danger in the unacceptable use of compromise procedures lies in the fact that the latter are a reaction to a crime, and therefore must correspond to the degree of danger of such a phenomenon as crime for society, which the latter is. There is a risk of excessive fascination with the interests of the victim to the detriment of the interests of society, promotion exclusively towards the interests of the victim and the rights of the criminal can lead to a crisis in the relationship between the state and crime. It is obvious that modern criminal proceedings cannot be based only on compromise procedures, at the same time there should be no conflict between such a way of resolving the conflict as rivalry (repression) and compromise, these areas should complement each other.

Abstract: Formation and development of the sphere of investments into house-building calls for adequate protection of investors rights and for ensuring stability of legal relations in this sphere in the situation that is full of both economical and political risks. Author of this article studies the topical issue of customer protection in investment relations in the sphere of house-building, offers to take measures for contract registration, amend Russian legislation.

DOI: 10.7256/2454-0706.2015.1.10870

DOI: 10.7256/2454-0706.2015.1.52351

Abstract: The main direction of development of the judicial system of the Russian Federation is the strengthening of the constitutional protection of citizens’ right for legal defense. In author’s opinion, one of the ways of realizing this concept would be the establishing of an institution of examining magistrates specializing in reviewing the problems on election of the measures of restraint in the form of detaining, prolonging the term of detention, conducting additional investigative actions that limit the constitutional rights of the citizens, as well as reviewing the complaints about the activities of members of law enforcement. Establishing the institution of examining magistrates would provide the following benefits within the criminal procedure: ease the load on the courts of general jurisdiction; contribute to a more thorough and objective court review of the complaints filed in accordance with the article 125 of the Criminal Procedure Code of the Russian Federation on the law enforcement officials conducting the investigation; eliminate the forming of an accusatory trend in reviewing a criminal case and therefore, would ensure following the adversarial principle in execution of judicial control over the procedural activity of the investigative branches.

Keywords: Examining magistrate, legal defense, constitutional guarantees, judicial control, measures of restraint, procedural actions, Criminal Procedure Code.

Abstract: This article is devoted to the influence of the scientific heritage of the revivor of the liberal political thought of the USA and Europea – I. Berlin on the classic schools of liberalism and on formation of the modern theory. As the author points out there is not much completed studies on this subject to be found. This is due to prohibition of works of this author and the ideology of the Soviet Union. The first works of the I. Berlin were only published in 1998, that is one year after his death. They stirred quite a storm of both support and anger, however, he could not respond to it…

DOI: 10.7256/2454-0706.2017.3.22217

Abstract: This article describes the evolution of cultural and legal views of the Supreme Court, which served as a starting point in formation and maintenance of the constitutional rights and freedoms in the Israeli society. The author examines the main stages of the Israeli Supreme Court, as well as provides a description of the main elements that influenced the formation of modern image of the Supreme Court and its role in establishing the legal culture of Israeli society. Particular attention is given to the transformation that took place in the work of the highest judicial authority of the State of Israel over the period of 1980-1990, which consists in transition towards the policy of judicial activism. The goal of the research lies in examination of activities of the Supreme Court of Israel, the analysis of the Court's role in the national legal system and its impact on the legal culture of the Israeli society. Based on the result of this work, the author concludes that the Supreme Court of Israel has played an important role in establishing and ensuring the constitutional rights and freedoms to Israeli society, and until present day, is the founder of legal innovations in the country.

Keywords: legal convergence, case law, common law, mixed jurisdiction, Supreme Court, Israeli legal system, Israel, legal environment, judicial branch, judicial activism

Abstract: The authors of this article study the issue of economy management in modern Russia and role of government regulation as an element of economy management. The authors also review historical experience of the planned economy, differentiate the terms of “management” and “regulation”, provide their point of view on this problem and its role for Russia as a social state.

DOI: 10.7256/2454-0706.2015.1.14223

Abstract: The subject of study in this article are the constitutional (charter) courts of the Russian Federation in their interaction with the judiciary to protect the rights and freedoms of man and citizen of the Russian Federation. The article raises issues of competence of constitutional (charter) courts of the Russian Federation and its relations with the competence other judicial bodies. Particular attention is given to education by the Constitutional Court of the Russian Federation and bodies constitutional control sububektov Russian Federation unified system of constitutional justice. The study authors used as a general scientific and public-private research Meod such as comparative methods jurisprudence, scientific analysis, synthesis. Scientific novelty lies in the author's conclusions about the need for constructive cooperation between the constitutional (authorized) vessels of subjects of the Russian Federation and other judicial bodies. It is important to focus improving the system of protection of the rights and freedoms of man and citizen in the Russian Federation as a whole, and another step in building the rule of law and civil society.

Keywords: The Constitution, the Constitutional Court, Charter Court, the statute, the subjects of the Russian Federation, authority, the rights and freedoms, advocacy, power, civil society

DOI: 10.7256/2454-0706.2015.1.52352

Abstract: The subject of this research is the constitutional (charter) courts of the Russian Federation and their cooperation with the other judicial branches in the sphere of protection of human rights and liberties. The article touches on the issues of competency of the constitutional (charter) courts of the Russian Federation as compared to other judicial branches. A special attention is given to the establishing of a unified system of branches of constitutional justice by the Constitutional Court of the Russian Federation and the authorities of the constitutional control of the constituents of the Russian Federation. The scientific novelty consists in the author’s conclusion on the need to provide constructive cooperation between the constitutional (charter) courts of the constituent members of the Russian Federation and other judicial branches. This would be an important part of improving the system of protection of human and citizen’s rights and liberties within Russia and the next step in the building of a legal state and civil society.

Keywords: Constitution, Constitutional Court, statute, constituents of the Russian Federation, authority, rights and liberties, advocacy, civil society.

Abstract: Profession of an advocate brings together private interest of a particular person, who is represented by an advocate, and public interest of a state, aimed to protect law and order, rights and freedoms of people. In fact, advocates, as representatives of civil society, are able to ensure adequate protection of rights and freedoms of physical and juridical persons by the state. Accordingly, status of this legal profession, as well as status of an advocate, should be characterized within the framework of civil society institutions. This article contains analysis of a number of constitutional legal issues in Russian legal theory and practice, as well as evaluation of advocate’s status. Authors give a definition of advocate’s status and study its key elements.

Abstract: Choice of lawyer for defence has always been the most complicated problem that the suspect, the accused, the defendant faces in each criminal case. Of course, one would like to have the most highly qualified professional to defend him. How can that be achieved? What are the criteria, which form the basis for the right choice. This article contains analysis of this problem.

DOI: 10.7256/2454-0706.2016.1.16437

Abstract: The article touches upon certain issues of labor dispute-settlement with participation of a foreign element within the BRICS countries on the example of Brazil and China – two countries that have diametrically opposite views on the approaches to such a settlement, while reaching, at times, similar results. The author's attention is concentrated on the litigation and conciliation-arbitration methods of resolving disputes in the context of the court–based and out-of-court (prejudicial) forms of settlement, as well as subjective-objective predetermination of any processes. Scientific novelty of the research is determined by the fact that this work is essentially the first comprehensive and systematic study of the problems of legal framework of labor relations complicated by a foreign element within the BRICS countries in modern conditions. The problems of Russia and foreign member-states of the BRICS - Brazil, India, China and South Africa – have been recently attracting the attention of economists, scientists, and politicians. However, the article contains the results of solving fundamentally different tasks, thus current scientific material and labor laws two of the five BRICS countries have been collected and analyzed in the context of labor dispute-settlement within their legal orders.

Keywords: BRICS, Brazil, China, Labour law, Foreign element, labour disputes settlement, settlement in court, out-of-court settlement, ILO Conventions, adjudication

DOI: 10.7256/2454-0706.2016.1.52576

Keywords: out-of-court settlement, BRICS, Brazil, China, Labor law, Foreign element, labor disputes settlement, settlement in court, ILO Conventions, adjudication

Abstract: Currently in Russia there is no official and efficient method of calculation of cost of human life for the legal and judicial purposes, while such a method is necessary to calculate compensations for the victims of natural catastrophes and terrorist acts to their relatives. The practice shows that in the absence of an adequate calculation method, the Government of Russia evaluates the cost of loss of human life to be less than a cost of an elite puppy dog. What should we do to adress the problem, if we are to find a solution to the problem of evaluation of cost of human life?

Abstract: A.V. Ivanov’s article is devoted to the issue of commercialization in the sphere of housing. In this article the author offers a number of measures, which are necessary for effective legal regulation of relations in the sphere of housing.

Abstract: P.V. Gulidov’s article contains complex analysis of the role of local government bodies in the sphere of guardianship and trusteeship from the times of the USSR to the current local government reform in the Russian Federation. The author studies the role of the local government bodies in social protection of the people, legal basis of activities of such bodies in the sphere of trusteeship and guardianship, including relevant provisions of the Family Code and the Civil Code of the Russian Federation, of housing legislation. The article also contains the study of problems related to delegation of state powers in this sphere to local government, as well as to some issues of regional legislation. Finally, the author offers his view on the ways to solve existing problems by amending Russian legislation.

DOI: 10.7256/2454-0706.2020.7.32822

Abstract: The object of this research is the public relations arising when the prosecutor is involved in court hearing of civil cases by intervening into a case for delivering an opinion in the appellate, cassation and supervisory bodies, as well as problematic aspects of the application of his powers to deliver an opinion in the aforementioned bodies. The subject of this research is the materials of prosecutorial law enforcement and judicial practice, norms of civil procedural legislation of the Russian Federation that regulation these public relations, as well as positions formulated on the matter. Despite the fact, that the scientific literature paid attention to the separate aspects of submission of prosecutorial decision, the questions of submission of prosecutorial decision in the retrial of civil cases did not receive due coverage. Such situation led to a contradictory approach towards the question on possibility of delivering an opinion by the prosecutor in retrial of civil cases in the theory and case law. Therefore, based on the conducted research, the author makes recommendation with regards to exercising prosecutorial powers in submission of decision in retrial of civil cases by the courts, as well as the changes in current legislation that would bring certainty into these legal relations and contribute to elimination of the emerged contradictions.

Keywords: first Instance, civil procedure, retrial, submission, conclusion of the prosecutor, the entry, prosecutor, acts of response, legal means, eliminate Violations

Abstract: T.N. Shabanova's article contains detailed analysis of the US regional practice on use of alternative means of dispute resolutions within both civil and criminal proceedings. As the author notes, the system of arbitration, mediation and other alternative programs is rather complicated. Up to 90 per cent of civil disputes are resolved out of courtroom due to use of voluntary or obligatory arbitration…

Abstract: While for many years the system of principles of criminal judicial procedure have been the subject to discussion, there are still no criteria for allowing particular provisions into the system. For this very reason Chapter 2 of the Criminal Procedural Code, which provided for 14 principles was viewed as a positive feature of the Code. At the same time the discussions were not over, and the system provided by the Code is subject to criticism.

Abstract: Is the term “judicial doctrine”applicable to the Russian legal system? After having studied the practice of the common law countries, such as the USA, as well as practice of the Constitutional Court of the Russian Federation (more than 2500 decisions since 1995), taking into account similarity of positions of the Constitutional Court of the Russian Federation in similar cases, the author draws a conclusion that there is an objective basis for the introduction of judicial doctrines into the Russian law. Moreover, the author points out that several such doctrines of the Constitutional Court of Russian Federation (such as a doctrine of latent powers of the President of the Russian Federation and a doctrine of optional tax advantages) can be singled out already.

Abstract: In this article V.Y. Turanin offers a system of requirements to use of legal terms in legislative texts. In the author’s opinion following these requirements should allow to ensure adequate expression of the legislators will, clarity of legal provisions for the people, allow to avoid contradictions between the values of the people and legislative provisions. This article also contains analysis of use of legal terms in a number of legislative acts in the Russian Federation.

Abstract: Provisions prohibiting application of criminal responsibility to mentally ill people are recognised in all the legal systems of the world. Within the Anglo-American system this statement roots deeply in history, however, in the second half of the XX century the practice of the Supreme Court of the USA on this issue became more controversial. This article is devoted to the study of the practice of the Constitutional Court of the USA, criteria and standards of person’s competence, and of acceptable punishments. For example, in Ford v. Wainwright, 477 U.S. 399 (1986) the Supreme Court of the USA recognised that capital punishment should not be set for a mentally ill…

Abstract: The issue on status and correlation of testimony and conlusions of a specialist in a criminal case remains topical, while the specialist was introduced into the legislation more than 30 years ago. As the authors note, the functions of specialists in a criminal process are not equal to those of an expert…

Abstract: Being a juror in Russia is far less safe and advantageous, as it is in the US and the Western states. Russia lacks a clear juror protection system, and often the jurors do not get their financial compensation for their service. This article concerns the guarantees of independence and personal immunity of jurors, necessary security measures. Author analyzes new features of Russian legislation (such as Art. 298 of the Criminal Code of the Russian Federation "Slander on juror"), points out the blanks and gaps in the Russian legislation.

Abstract: Currently, Part 3 of Article 80 of the CPC of the Russian Federation establishes that a specialist's opinion is a written judgment on issues put before a specialist by the parties, and Part 4 of the same article defines the testimony of a specialist as information provided by him during interrogation about circumstances requiring special knowledge, as well as clarification of his opinion in accordance with the requirements of Articles 53, 168 and 271 of the Code of Criminal Procedure of the Russian Federation. As the author of the article notes, this novel by the legislator immediately posed a number of questions to scientists and practitioners of law enforcement agencies, the answers to which cannot be found in the newly adopted law. For example, what is a specialist's opinion as a new type of evidence, and how does it differ from an expert's opinion, what is the procedure for requesting and presenting a specialist's opinion, how can a specialist's opinion be used in proving in general, and at the stage of initiating a criminal case in particular?

Abstract: This article examines the current problems of the status, rights and obligations of a witness, expert, specialist, translator, defender, representative and understood as participants in proceedings on administrative offenses under the Administrative Code of the Russian Federation. The authors also make a number of proposals to amend the Administrative Code of the Russian Federation.

DOI: 10.7256/2454-0706.2014.2.10872

DOI: 10.7256/2454-0706.2014.2.52148

Abstract: The article concerns the peculiarities of relationship between the European Court of Human Rights (ECHR) and national constitutional courts. In order to identify the specifics of this relationship, the author turns to Bosnia and Herzegovina (BiH), the third part of the Constitutional Court of which is appointed directly by the Chairman of the ECHR. Based on the analysis of foreign law, the case law of the ECHR and the Constitutional Court of BiH, as well as specific historical facts and political developments, the article reflects different aspects of the relationship of these courts, including problems related to the implementation of the ECHR decisions. In conducting the research of the specified subjects, the author mainly used legalistic and historical methods. The results of study led the author to the conclusion that there are virtually no limits to ECHR intervention in the activities of the Constitutional Court of BiH; the latter seems to be more independent from the national authorities than from the ECHR. However, other countries and international and supranational institutions and organizations often use both political and financial levers of influence on BiH in order to force it to fulfill ECHR decisions until the constitutional reform takes place.

Keywords: Bosnia and Herzegovina, the Former Yugoslavia, the Constitutional Court, the Constitution, the Constitutional control, the European Court, the ECHR, the European Convention, Conventional control, access to the court.

DOI: 10.7256/2454-0706.2014.2.6738

DOI: 10.7256/2454-0706.2014.2.52149

Abstract: This article is devoted to the study of the principles of the implementation of administrative justice in Russia. Under the principles of administrative law refers to the main ideas, requirements, regulations, expressing its essence and determining the content of administrative and legal regulations. It should be noted that each branch of law has a set of General principles, characteristic for all its branches, and their own, giving her uniqueness. In essence, the principles are the fundamentals of the industry, a kind of quintessence of its norms. One of the fundamental principles of any branch of law is a competition of parties, which did not find their legislative ref lection of the Code of administrative offences.

Keywords: Jurisprudence, principles, competitiveness, proving, the administrative process, equality, the right to defense, the prosecution, justice, administrative responsibility.

DOI: 10.7256/2454-0706.2016.2.17786

Abstract: The article is devoted to possibilities of the disagreement of the professional judge (or a chamber) with a guilty verdict of the jury and procedural mechanisms of realization of such disagreement.The article discusses three procedural models of realization of disagreement of the professional judge with a guilty verdict of the jury: the abolishment of the verdict by a chief judge (or a chamber); the adherence of a chamber of professional judges to the minority of jurors; the annulment of the verdict in the Court of Appeal.The first model is characterized by the ability of a chief judge to cancel the jury's verdict and give a sentence contrary to it (the Anglo-American procedure in the jury trial) or discharge the jury and begin the process again (continental process).The second model is enshrined in Belgian legislation and alleges the possibility of summing up votes of professional judges with the minority of jurors (who voted for acquit) and give an acquittal verdict by a simple majority of votes. The author believes that this procedure is a guarantee following from the presumption of innocence.The third model of a disagreement with a guilty verdict of the jury arises from specifics of an appeal in countries with Anglo-Saxon type of criminal proceeding, allowing the abolition of a guilty verdict on certain foundations. The author examines the legislative regulation of the possibility of disagreement of the presiding judge with a guilty verdict according to the CPC of the Russian Federation and certain problems arising in the judicial practice.

DOI: 10.7256/2454-0706.2016.2.52591

Keywords: jurors, jury verdict, incontestability of the verdict, chief judge, sentence, acquittal verdict, guilty verdict, acquittal sentence, abolishment of the verdict, judgment

Abstract: The article is devoted to the theoretical interpretation of the principle of the supremacy of law, the problems of implementation of its ideas into practice. While criticizing the legal dogma on nature and contents of the principles of supremacy of law, which basically unites it with dictatorial position of the law, the author bases his position on primacy of human rights in the society and in the state, then comes to a conclusion that supremacy of human rights defines supremacy of law. The author then turns to the problem of necessity of unified application of law by the courts, which is a reflection of the constitutional principle of equality of all before the court and law. Its implementation is necessary for the supremacy of law, when dealing with legal conflicts.

Keywords: jurisprudence, supremacy of law, court, unity, law, equality, law, definite character, conflict of law, application of law by the court.

Abstract: The article is devoted to the new Federal Constitutional Law of February 7, 2011 n.1 “On the Courts of General Jurisdiction in the Russian Federation”. The author analyzes the new law and points out the possibilities for its improvement.

Keywords: jurisprudence, court, assignment, functions, board, powers, organization, appeal, cassation.

DOI: 10.7256/2454-0706.2014.3.5635

DOI: 10.7256/2454-0706.2014.3.52163

Abstract: The article concerns the problem of implementation of the principle of separation of powers in Russia at the current stage of development. The author analyzes the current Russian legislation regarding the position of the judiciary and the judges, providing evaluation of the practical work of judicial system, showing the defects in the legal field on this issue. Currently the judicial power does not fulfill its main function – to limit the legislative and executive branches of government, to implement legal control over their activities, and there is need to amend the Russian legislation based upon the generally recognized principles of law.

Keywords: jurisprudence, separation of powers, independence, irremovability, reform, democracy, influence, direct elections, disciplinary judgment seat, ruling political forces.

DOI: 10.7256/2454-0706.2014.3.11168

DOI: 10.7256/2454-0706.2014.3.52164

Abstract: Procedural (justice) function of the Constitutional Court of the Russian Federation and the Constitutional (Ustav) Courts of the constituent subjects of the Russian Federation is challenged in the scholarly writings, these bodies are not recognized as classical courts, and their activities are not recognized as part of national justice. The causes for such doctrinal views include the differences between the procedural forms of constitutional judicial process and other types of judicial process, as well as the absence of doctrinal attempts of procedural evaluation of the phenomenon of the Russian constitutional justice. The article is devoted to the studies of the activities of the constitutional courts as a part of national justice system, uncovering and analysis of its ties with the institution of judicial power. The methodology of the procedural evaluation of constitutional judicial procedure chosen by the author includes the doctrine of judicial law, which is the general theory of judicial law and is currently undergoing a Renaissance, since its interdisciplinary dimension allows for interdisciplinary studies in the sphere of justice, and for the evaluation of the novel legal institutions, such as the constitutional judicial procedure is within the framework of the Russian procedural science. The constitutional judicial procedure is viewed through the prism of the implementation of the mechanism of judicial power via judicial proceedings, the structure of which is offered by L.A. Voskobitova, and the positions of the “Court” in accordance with the Art. 6 of the European Convention on Human Rights. As a result, it is stated that it is a type of mechanism for the implementation of judicial power in the special sphere of material legal relation, and it is a constituent element of the national justice.

Keywords: the Constitutional Court, constitutional judicial process, constitutional judicial proceedings, judicial law, doctrine of judicial law, judicial power, mechanism for the implementation of power, fair judicial proceedings, revising judicial decisions, the European context.

DOI: 10.7256/2454-0706.2014.3.11326

DOI: 10.7256/2454-0706.2014.3.52165

Abstract: The article concerns the models of judicial constitutional control in the states currently existing at the territory of the Former Yugoslavia (Bosnia, Herzegovina, Macedonia, Serbia, Slovenia, Croatia, Montenegro). These states have a history of Socialistic past, which is similar to Russia, and their experience is especially interest, since their tradition was continuous for more than half a century. The author provides consecutive analysis of the similarities and differences in the process of formation, competence, procedures of the constitutional courts in the former Yugoslavian states, their places within the systems of state government bodies. The author used mostly historical and formal legal method for the analysis, and also comparative legal method. The results of study allow to state that these states have an European model of judicial constitutional control. Finally, the author draws a conclusion that in all of the Former Yugoslavia states the constitutional courts are regarded as independent state bodies, which are not included into any branches of state power, while they de facto implement judicial power, their proceedings are de facto part of judiciary.

Keywords: former Yugoslavia states, constitutional control, constitutional court, American model, European model, Constitution, constitutional proceedings, judicial power, constitutionality, actio popularis.

DOI: 10.7256/2454-0706.2013.3.51937

Abstract: The article is devoted to the analysis of practice of implementation of the right for access to information in the activities of the courts in the constituent subjects of the Russian Federation within the Siberian Federal District. The author provides results of the study on such types of rights of access, as presence in an open judicial hearing, or provision of information upon the request of information user in the Siberian Federal District. The article also contains the conclusions of the author on the current situation in the sphere of open information on federal courts of general jurisdiction, arbitration courts and the Department for Administration of Justice in the Siberian Federal Districts. The author also provides suggestions on the improvement of the current legislation and legal practice in the sphere of access to information on the activities of the courts.

Keywords: jurisprudence, information on the activities of the courts, access to information, request for information, official website, refusal to provide information, photographing, video recording, audio recording, the Department for the Administration of Justice, Siberian Federal District, court.

DOI: 10.7256/2454-0706.2015.3.13334

Abstract: This article discusses and analyzes the different approaches to the determination of the number of criminal procedural functions in the Russian criminal trial. It is concluded that the joint criminal process associated with more than three main functions of criminal procedure. It is determined that there are three main features of criminal procedure specific to criminal proceedings in Russia. The author highlights the key arguments in favor of the qualitative differentiation of procedural functions of organs and persons in criminal proceedings and the main functions of criminal procedure as qualitative characteristics of the process. The author gives classification of criminal procedural functions. General scientific methods of gaining new scientific knowledge, in particular, systemic analysis and systemic theory, formal logical and other methods that would allow examining the correlation in legal relations in the sphere of criminal proceedings, as well as private methods - historical, comparative legal. The author determines the number by the number of criminal procedural functions inherent in the Russian criminal trial, as well as proposes an original classification. The author gives criteria of differentiation of criminal procedural functions from the functions of organs and persons, as well as the division of procedural functions into basic and advanced. The non-functional activity of the subjects of domestic criminal proceedings is being exposed.

Keywords: system of functions, procedural features , competitiveness, the functions of the subjects, detective work, man functions, Criminal procedural functions, additional functions, criminal consequences, investigation

DOI: 10.7256/2454-0706.2015.3.52382

Keywords: system of functions, procedural features, competitiveness, the functions of the subjects, detective work, man functions, Criminal procedural functions, additional functions, criminal consequences, investigation

DOI: 10.7256/2454-0706.2015.3.14433

Abstract: The subject of this research is the modern foreign systems of formation of the judiciary. The national models of recruitment of judges differ in their methods, criteria and the stages of selection of candidates for vacant judicial posts. Their features were formed as a result of historical development, and depending on the constitutional order, the territorial structure of the country, socio-cultural and economic context. Political, legal and scientific challenge is to identify the most perfect system of selection and appointment of judges, which would ensure the appointment of judges from the best available candidates. This work deals with the classification of modern models of recruitment of judicial personnel. As a classification attribute, the author examines the established system of methods of selection and appointment of judges. Among the conclusions is the fact that the merit selection is the predominant type of formation of the judiciary in the modern period compared with the election of judges. The paper traces the evolution of methods of formation of the judiciary in the United States. It is argued that most European countries use a system of competitive selection of judges on the basis of merit. An analysis of existing practices identified a number of problematic issues that require further modification of competitive selection models, including those associated with the definition of competitive selection criteria and processes for their expert evaluation.

Keywords: best practices, models, candidate for the post of judge, criteria for selection, method, formation of the judiciary, merit selection, competitive selection, election of judges, appointment of judges

DOI: 10.7256/2454-0706.2015.3.52383

DOI: 10.7256/2454-0706.2015.3.52384

Abstract: This article is dedicated to the various aspects of sociologists’ participation in the judicial sociological investigation. It reveals the difficulties and problem areas within the development of social knowledge as a whole and sociology in particular, which can affect the quality of forensic science within the framework of a specific criminal investigation. The author presents certain methods of raising the level of forensic examination by involving professional sociologists. Expansion of the boundaries of law enforcement allows a sociologist to participate in a wide spectrum of forensic examinations. The following are some of the main conclusions made in this research: the addition of new complex multivariable notions within criminal law justifies the need for involvement into forensic investigations of professionals such as sociologists; the level of success of forensic sociological investigation depends not only on the professional competency of the expert sociologist, but also on their knowledge of the legal environment.

Keywords: Society, sociology, forensic science, expert, social group, sociological investigation, commune, law enforcement, legal environment, legal norm

DOI: 10.7256/2454-0706.2016.3.15057

Abstract: The subject of this research is a review of the legal aspects of cases of «Furman v. Georgia», «Gregg v. Georgia» and other significant cases having influenced the development of the institution of the death penalty in the United States of America in the second half of the XX century. The author elaborates the history of the case of «Furman v. Georgia», discusses social and legal prerequisites for the imposition of a moratorium on the death penalty in 1972 and its abolition in 1976. A special attention is paid to the analysis of positions of judges of the Supreme Court of the United States and post-Furman trends. The main methods of the research are formal-legal and comparative-legal. The work is based on the analysis of the key cases of the Supreme Court of the United States. Significant emphasis is given to consideration of the evolution of the issue by using the historical method. The main conclusions of the research are the following: 1) the introduction of a temporary moratorium on the death penalty in the USA was a necessary stage in the legal evolution; 2) the pause was necessary for the reforming of criminal procedure legislation, solving urgent socio-legal problems connected with the death penalty. The novelty of this research consists of the fact that previously in Russian literature the issue of imposition and subsequent abolition of the moratorium on the death penalty in the United States has not been studied comprehensively. The author concludes that it is unlikely that in the future the question of the constitutionality of the death penalty in the US will come under the question, as there is a trend of improvement of legal procedure was set in the second half of the XXth century.

Keywords: Furman v. Georgia, Miranda warning, Amendments to Constitution, U. S. Constitution, U. S. Supreme Court, Moratorium, Verdict, Death penalty, The United State of America, Gregg v. Georgia , Gregg v. Georgia, Furman v. Georgia, Miranda Warning, Amendments to Constitution, United States Constitution, Supreme Court, Moratorium, Sentence, Capital punishment, The United States

DOI: 10.7256/2454-0706.2016.3.52605

Keywords: Furman v. Georgia, Miranda warning, Amendments to Constitution, U. S. Constitution, U. S. Supreme Court, Moratorium, Verdict, Death penalty, The United State of America, Gregg v. Georgia, Gregg v. Georgia, Furman v. Georgia, Miranda Warning, Amendments to Constitution, United States Constitution, Supreme Court, Moratorium, Sentence, Capital punishment, The United States

DOI: 10.7256/2454-0706.2014.4.11443

DOI: 10.7256/2454-0706.2014.4.52181

Abstract: The object of studies in this article involves the means of protection of basic rights and freedoms of individual and citizen in the Constitutional Court of the Russian Federation, their distinctive and characteristic features, as well as the problems regarding use of these means. The author singles out and evaluates three main means of protection of rights and freedoms within the procedures of competitive and abstract constitutional control: filing a constitutional claim, sending a constitutional request by a court, sending a constitutional request by a public body or a public official. In the process of studies the author used general scientific methods of analysis and synthesis, as well as special legal methods: comparative legal method, method of interpretation of law. Scientific novelty is due to the specification and systematization of the mechanism of protection of rights and freedoms of individual and citizen within the framework of the constitutional judicial proceedings, conclusions of the author regarding the need to change the existing criteria for admissibility of a constitutional complaint, as well as the conclusions regarding mediated character of protection of basic rights and freedoms when examining of constitutional requests of courts and public bodies and officials. The results of studies may be used in the further studies in the sphere of problems of protection of basic rights and freedoms of individual and citizen.

Keywords: the Constitutional Court, the Constitution, constitutional control, judicial power, judicial power, rights and freedoms, judicial protection, complaint, request, judicial proceedings, law-protection activity.

Abstract: In late years in the Russian legal science it became popular to develop various concepts, strategies, and programs, including ones in the state and legal sphere. The author considers that this approach is quite useful both for the theory and for the practice of law-making and application of law. The author then offers a draft of the Concept of State Legal Policy in a “touchy” sphere of prevention of juvenile crime, protection of rights and freedoms of underage persons and development of juvenile justice.

Keywords: jurisprudence, law, politics, protection, juveniles, underage persons, justice, interests, practice, application of law.

DOI: 10.7256/2454-0706.2013.4.51957

Abstract: The article is devoted to the topical problems of decentralization and democratization of the judicial branch of power in the Russian Federation. Based upon the analysis of federal and regional legislation, the author illustrates the positive dynamics in resolving these problems, such as introduction of the institution of non-judicial (preliminary to judicial) dispute regulation among the participants of civil law relations, the new Federal Law “On alternative procedure of dispute resolution with the help of mediator (On Mediation)”, the Federal Law “On Access to Information to the Court Activities in the Russian Federation”, etc. Taking into account the positive experience of the foreign states, the author proposes to apply a number of efficient measures, which are aimed for the improvement of judicial structure and procedure in the Russian Federation. In particular, he finds it necessary to optimize the correlation of federal and regional judicial bodies, to provide legislative guarantees for the more active participation of people in the formation of the judicial corpus, to widen the scope of forms of participation of people in implementation of justice, to spread the practice of non-judicial and preliminary-to-judicial dispute resolution, etc.

Keywords: jurisprudence, the Constitution of the Russian Federation, the judicial power, the court, the judge, federalism, democracy, law, justice, judicial structure.

DOI: 10.7256/2454-0706.2013.4.51958

Abstract: The article deals with the problem of implementation of right of participants of a judicial process for challenging a particular judge in order to remove him from a process. The author analyzes the modern Russian legislation, which regulates the relations in the sphere of judicial protection of rights and freedoms of an individual, and for the hearing of his case by a just and impartial court. The institution of challenge to a judge is viewed from the point of view of its functional direction, not as a formal norm, but as legal means for correct and timely hearing and adjudication in a civil case. One should mention that this institution is neither logical, nor efficient in its current state in the civil procedure, and the legislation needs to be amended based on the globally recognized legal principles.

Keywords: jurisprudence, civil process, challenge, grounds for challenge, legislation, Roman law, objectivity, fairness, impartiality, Constitution.

DOI: 10.7256/2454-0706.2016.5.14102

Abstract: This article is dedicated to the place and role of the Plenum of the Supreme Court of the Soviet Union (RSFSR) and Russian Federation within judicial administration and internal systemic administration of the modern judicial authority. The author raises the question about the legal nature of the ruling positions of the Plenums of the Supreme Court of the Soviet Union (RSFSR) and Russian Federation, since there is no concurrence on this matter and the issue continues to remain controversial. The author comes to the conclusion that the status of the rulings of the of the Plenums of the Supreme Court of the Soviet Union (RSFSR) and Russian Federation is not correctly formulated within legislative acts. The competency of the Plenum – “de jure” is the interpretation and clarification of the acting legislation, while “de facto” is practically the current authority of judicial administration, which combines various branches of cognition and administration. The scientific novelty is established by the very posing of the question and by the fact that the goals and tasks in this article have not yet been approached from this perspective within Russian juridical science. The author makes an attempt to understand the process of activity of this collegial branch within judicial administration during the Soviet era and the internal systemic administration of the present time.

Keywords: judicial community, modern era, Soviet, systemic administration, judicial administration, Plenum, Supreme court, juridical nature, interpretation and clarification, administrative body

DOI: 10.7256/2454-0706.2016.5.52632

Keywords: judicial community, modern era, Soviet, systemic administration, judicial administration, Plenum, Supreme court, juridical nature, interpretation and clarification, administrative body

DOI: 10.7256/2454-0706.2016.5.18537

Abstract: The subject of this research is the judicial practice in cases that challenge the provisions of administrative regulations. In connection with the entry into force of the Administrative Procedure Code of the Russian Federation the practice is in its infancy, and we can see the transformation of the judicial interpretation of disputes in cases arising from public relations. Administrative Regulations establish the procedures for the implementation of certain types of state control, and as such, may limit the rights and legal interests of citizens and organizations. The object of this research is public relations arising in the sphere of protection of the rights and freedoms of citizens in the courts. The author carefully examines the features of the administrative regulations as regulatory legal acts. The scientific novelty of this research is substantiated by the author's approach to the establishment of the legal nature of administrative regulations, as well as identification of the prerequisites for increasing the quality of these legal regulations. Summarizing the practice of the Constitutional Court of the Russian Federation and the Supreme Court, the author makes a number of proposals aimed at optimization of overcoming gaps in administrative regulations by means of judicial interpretation. Key findings of the study concern the issues of increase of efficiency of the administrative proceedings.

Keywords: constitutional control, legal certainty, administrative jurisdiction, court, administrative regulations, legal regulation, normative legal act, judicial interpretation, administrative claim, public service

DOI: 10.7256/2454-0706.2016.5.52633

DOI: 10.7256/2454-0706.2013.5.51977

Abstract: The problem of implementing the principle of separation of powers in Russia at the present stage of development. We analyze the current Russian legislation regulating the position of the judiciary and judges. The functioning of the judicial system considered in practice, identified gaps in the legal field on this issue. The point is that today the judiciary is clearly not doing its primary function – containment and restriction of the legislative and executive authorities, the implementation of legal control over their activities and the need to change the legislation of Russia on the basis of universally recognized principles of international law.

Keywords: separation of powers, the judiciary, the independence, tenure of judges, the ruling political forces, judicial reform, democracy, constitution, the disciplinary court presence, influence on the judiciary, direct election of judges.

Keywords: jurisprudence, law, politics, protection, juveniles, underage persons, justice, interests, practice, application of law.

DOI: 10.7256/2454-0706.2014.5.11851

Abstract: This article includes classifi cation of forms of participation of the prosecutor in the civil process, and it includes some characteristics of perspectives of its improvement in civil cases arising from housing relations. The author points out that claims, which are brought to courts by prosecutors, can be characterized as the most effi cient form of implementation of powers of prosecution in the sphere of protection of citizens’ rights, including their housing rights. The author offers to improve the legislative basis, related to the participation of prosecutor in the civil process.

Keywords: jurisprudence, prosecutor, housing, legal relations, process, participation, rights, freedoms, citizen, status.

DOI: 10.7256/2454-0706.2014.5.52198

Abstract: The article is devoted to one of the topical current issues: correlation of law and politics in the activities of the Constitutional Court of Croatia. The studies of various aspects of the relevant problems is based upon the studies of the constitutional legal status and practice of the Constitutional Court in the Republic of Croatia. Croatia joined the European Union just recently (from July 1, 2013). The date when the mandates of half of the judges of the Constitutional Court of Croatia expires (2015) is drawing near, and the legislation allows the parliament to elect the same persons for the positions of constitutional judges for a new term. In such a situation, it is quite interesting to follow the practical activities of the Constitutional Court in order to establish whether the Court is capable of being sufficiently independent of politics dealing solely with legal matters in the process of constitutional control. In the course of the analysis of constitutional legal status and practice of the Constitutional Court the author mostly used formal legal, comparative legal and statistical methods. The article provides a complex evaluation of the legislative constructions provided in Croatia, which on the one hand are aimed at guaranteeing political neutrality of the Constitutional Court, while on the other hand providing the Court with the possibility to directly interfere in the political discussions. The author drew her conclusions on the correlation between law and politics in the activities of the Constitutional Court based on a number of “headline-making cases”, such as “On Sexual Education”, “On Obligatory Vaccination”, “On Medical Fertilization”, “On Prohibition of Same-Sex Marriages”.

Keywords: Constitutional Court, Croatia, constitutional justice, constitutional control, constitutionality of medical conception, constitutionality of medical fertilization, constitutionality of obligatory vaccination, prohibition of same-sex marriages, discretion of the Constitutional Court, “political issue” doctrine, political character of constitutional justice.

Abstract: The right to judicial protection includes a possibility to challenge any judicial decision, including the decisions of the Supreme Court of the Russian Federation and the Supreme Arbitration Court. The Constructional Court of the Russian Federation supported this position, however it also recognized the prohibition to challenge (review) its decision, and considered it to be constitutional. Analysis of the constitutional norms and legal positions of the Constitutional Court of the Russian Federation, to which this article is devoted, does not give any grounds for such an interpretation of constitutional norms.

Keywords: jurisprudence, judicial reform, judicial system, the Constitutional Court, the constitutional judicial procedure, challenging the judicial decisions, right to judicial protection, fi nality of the decisions of the Constitutional Court, correcting the judicial mistake, review of judicial acts.

DOI: 10.7256/2454-0706.2015.5.13917

Abstract: The article states the goals and content of the legal construct of “independence of the judicial authority/court/judges” recognized as an independent legal institution. The author defines the original concepts, and lists the subjects of judicial independence, i.e. the judicial authority, courts and judges, determines their status and influence according to the Constitution of the Russian Federation and federal legislation. A separate analysis is conducted on the concept of independence by the Russian and German doctrines, as well as the notions of “independence of the judiciary”, and “independence of judicial authority”. The article gives the classification of the norms that regulate the independence of the judiciary. The author proposes to introduce into discourse (first and foremost into scientific) the notion of “the zone of independence of the judiciary” and explains its content, meaning, and prospects for implementation in legal comparative research and improvements to the Russian legislation.

Keywords: Law, Court, Judge, Independence, Guarantees, Legal institution, Judicial authority, Russia, Comparison of regulations, Procedural law

DOI: 10.7256/2454-0706.2015.5.52422

Keywords: Law, Court, Judge, Independence, Guarantees, Legal institution, Judicial authority, Russia, Comparison of regulations, Procedural law

Abstract: The article is devoted to the issue of of use of judicial practice as means of proof in civil and arbitration (commercial) judicial procedures. The study is based on analysis of vast judicial practice on this issue. The author shows goals and forms of use of judicial practice, its value for the court, provides “pros” and “contras” of accepting judicial practice as means of proof. As a result the author comes to a conclusion that it is possible to use judicial practice as means of proof together with the traditional types of evidence.

Keywords: jurisprudence, court, form, type, practice, means, evidence, arbitration, process, decision.

DOI: 10.7256/2454-0706.2016.6.19390

Abstract: The subject of this research is the legal regulation of the participation of the attesting witnesses in investigations. The author gives attention to the legislative changes of the institution of attesting witnesses in Russia, which prompted a discussion among both, scholars and legal professionals. The article explores various opinions of scholars and the investigative-legal practice of investigative work involving attesting witnesses. An undefined, and an important from the practical point of view factor, is the questioning of the attesting witness on the witness stand and acceptance of their statement as proof. The author comes to the conclusion that there is a need for changes in the participation of attesting witnesses in investigations with consideration of the realities of today. A guarantee of the validity of evidence will in time be ensured by use of technological means of recording of facts used by the investigators and specialists, rather than by participation of attesting witness in investigations. In order to exclude the problem of validity of the recording of evidence via technological means, it is necessary to implement Part 2 of the Article 303 of the Criminal Code of the Russian Federation, which establishes responsibility of the detectives and investigators for falsification of evidence.

Keywords: Testimony, Investigation, Evidence, Attesting witness, Protection, Recording, Technological means, Court, Investigator, Inquiry

DOI: 10.7256/2454-0706.2016.6.52647

Keywords: Testimony, Investigation, Evidence, Attesting witness, Protection, Recording, Technological means, Court, Investigator, Inquiry

DOI: 10.7256/2454-0706.2016.6.52648

Abstract: The authors consider the law enforcement aspects of the sentencing in the form of deprivation of the right to hold certain positions or engage in certain activities as a punishment for certain crimes. In the course of the investigation the authors used the formal-logical method, systemic analysis, comparative law, questionnaires, surveys and statistical method. The authors draw attention to the need to increase the application of the penalty of deprivation of the right to occupy certain positions or engage in certain activities as an additional punishment in cases of corruption offenses. It is noted that in a number of articles of the Special Part of the Criminal Code specifies commission of a crime by a person using his official position is an aggravating circumstance, but the penalties do not list the aforementioned method of punishment. The authors substantiate the feasibility of introducing sanctions in a number of articles of the Special Part of the Criminal Code the penalty of deprivation of the right to occupy certain positions or engage in certain activities as a mandatory additional penalty. Proposals are made to appointment of punishment in the form of deprivation of the right to occupy certain positions or engage in certain activities of punishment by restricting the scope of the prohibition, in particular by reference to the performance of specific powers (for example, healthcare workers).

Keywords: imposition of sentence, criminal penalties, crime, officer, work, title, deprivation of rights, sentence, official authority, legal precedent

DOI: 10.7256/2454-0706.2013.6.51994

Abstract: The article studies theoretical and legislative problems of motivation of judicial decisions in the Ukraine. Based on the analysis of the Ukrainian procedural legislation, theoretical researches on the matter and case law of the European Court of Human Rights, the author proves that motivation of judicial decisions along with their legality and justification is one of the important requirements for the quality of judicial decisions. Observation of this requirement shows that the judicial procedure in general and the process of determination of actual circumstances of a case are just and fair. It has also been established that motivation of a judicial act also relates to description of motives as a result of thinking activity based on which the court has made certain decisions. It is stated that except for the Code of Criminal Procedure, Ukrainian court legislation does not have the legal enforcement of an independent demand to provide motivation of judicial decisions. In this respect, the author offers to make certain changes in the procedural legislation of the Ukraine except for the Code of Criminal Procedure of the Ukraine which already has all necessary provisions.

Keywords: Law studies, law enforcement, requirement, legality, justification, motivation, decision, practice, legislation, court.

DOI: 10.7256/2454-0706.2015.6.14933

Abstract: This article examines the issues associated with the history of emergence of the principle of equal protection of the laws throughout the period since the introduction of the 14th amendment to the U.S. Constitution until present time. Through the prism of legal precedent, the author analyzes such phenomena as discrimination and positive discrimination, the “positive measures” policy of the US government, and mechanisms of verification of presence or absence of signs of discrimination within any given act of the branches of government. The author makes a conclusion on the existence of two types of discrimination of African-American population: direct discrimination and positive discrimination. As a mechanism for deterring discrimination, the author examines the method of “strict scrutiny” formed by the legal precedent of the Supreme Court of the United States. This mechanism could be used to prevent discrimination in other social areas, thus its application could also enrich the Russian legal science and practice.

Keywords: U.S. Constitution, USA, 14th Amendment, Supreme court of the United States, positive discrimination, discrimination, equal protection, public interest, 5th Amendment, Strict scrutiny

DOI: 10.7256/2454-0706.2015.6.52442

Keywords: U.S. Constitution, USA, 14th Amendment, Supreme court of the United States, positive discrimination, discrimination, equal protection, public interest, 5th Amendment, Strict scrutiny

DOI: 10.7256/2454-0706.2015.6.15447

Abstract: The subject of this research is the legal consequences resulting from dissolution of a loan agreement. The author examines the main methods of dissolving a loan agreement. This research presents an analysis of issues that emerge in legal precedent due to dissolution of loan agreements, including the information on which violations of a loan agreement can serve as sufficient grounds to request the dissolution, while the loan agreement can be dissolved as a result of significant changes in the circumstances. The article presents legal precedent on each of the means of dissolving a loan agreement. The author proposes criteria for allowing dissolution of a loan agreement due to significant violations of the agreement or changes in the circumstances. The author concludes that there are three main ways of dissolving a loan agreement, and states that the permissibility of dissolution of the credit agreement in each specific case can only be resolved by analyzing the legal precedent.

Keywords: Legal relations, Loan agreement, Dissolution of a loan agreement, Termination of contract, Breach of contract, Change of circumstances, Early payoff , Unilateral refusal, Reimbursement of losses, Extending credit

DOI: 10.7256/2454-0706.2015.6.52443

Keywords: Legal relations, Loan agreement, Dissolution of a loan agreement, Termination of contract, Breach of contract, Change of circumstances, Early payoff, Unilateral refusal, Reimbursement of losses, Extending credit

Abstract: The article is devoted to the analysis of the practice of application of Art. 27 of the Federal Constitutional Law of 31.12.1996 N. 1-FKZ “On the Judicial System of the Russian Federation”. As part of this study, the author comes to a conclusion that the dispositive character of these provisions allows for the unfounded widening of the scope of discretion by the Constitutional (Ustav) Courts of the constituent subjects of the Russian Federation in the sphere of confl ict-resolution.

Keywords: jurisprudence, the Constitution of the Russian Federation, the Constitutional Court of the Russian Federation, the Constitutional (Ustav) Courts of the constituent subjects of the Russian Federation, jurisdiction, judicial disputes, the courts of general jurisdiction, the judicial system of the Russian Federation, the State Duma of the Russian Federation, the law.

DOI: 10.7256/2454-0706.2016.7.13290

Abstract: This work studies the issues of proof in the court of appeals, namely the questions of examination of new evidence, which received the assessment of the court of first instance, examinations on file that were not examined by the court of first instance, as well as examinations by the same rules of new evidence presented by the parties. An important place belongs to the analysis of the normative legal regulations and legal positions of the Constitutional Court of the Russian Federation, Plenum of the Supreme Court of the Russian Federation, and courts of appeal of a number of the constituents of the Russian Federation on the issue of examination of new evidence in the courts of appeal. The author makes a conclusion on the need to overcome the current practice of hearing of a case in a court of appeals without examination of evidence, which does not allow to increase the level of legal protection of rights, freedoms, and legal interests of citizens and organizations involved in the sphere of criminal procedure that are guaranteed by the Constitution of the Russian Federation and federal laws.

Keywords: Proof, Verification of evidence, Examination of evidence, Additional materials, Cassation, New evidence, Evidence, Court of appeals, Court of first instance, Appeal

DOI: 10.7256/2454-0706.2016.7.52666

Keywords: Proof, Verification of evidence, Examination of evidence, Additional materials, Cassation, New evidence, Evidence, Court of appeals, Court of first instance, Appeal

Abstract: The article is devoted to the analysis of nature of abuse of procedural rights, based on the analysis of the doctrinal views in the science of civil process. The author states that such actions can only be intended, and states that such actions related to the unfounded claims should be viewed as civil offences (Art. 10 of the Civil Code of the Russian Federation).

Keywords: jurisprudence, abuse of procedural rights, judicial discretion, implementation of procedural rights, adversary character, civil process, civil law, civil offence, court, abuse.

DOI: 10.7256/2454-0706.2014.7.12182

DOI: 10.7256/2454-0706.2014.7.52229

Abstract: The author studies the institution of representative of general public in the qualification boards of judges (QBJ) in Russia. Throughout the period of its existence this institution did not mange to become the platform for the civil participation and the instrument for the protection of the rights of citizens, it just became an imitating substitute. What is the real situation, and how may the imitation problem be solved? This article attempts to provide the answers to these questions. Reorganization of the institution of the representative of the general public in the QBJ mostly involves the normative approach, when the object of amendment involves legal norms. However, this approach can hardly be expected to cardinally change the existing negative practice. The author used sociological approach for gaining data, normative method for analysis of legal acts and actor method for development of the criteria for the civil participation. The institution of the representative of the general public in the QBJ is hardly sufficiently studied. The article provides the data on cadres and legal fundamentals for the work in the dynamics from 2010 to 2014. The said institution is public based upon its functions and it serves as an instrument of public (civil) control. In fact, it is a closed, non-public, and non-influential actor in the judicial community. The goals of expressing the interests of the judges prevail over the expression of interests of the people. The implemented policy involves working with “convenient” organizations, mostly, higher education institutions and businesses, and not the real civil organizations, which was facilitated by the broad interpretation of the term “representative of the general public” and the existing practice. And due attention to the significant changes in the list of cadres for the candidates is necessary for the change. The author offers the criteria for the choice of the representatives of the general public. Since participation of the representatives in the QBJ is one of the types of public control, by supporting rotation of cadres from civil NGOs cultivating such practice, it may be possible to solve the problem of simulation of the civil participation in the activities of the judicial community.

Keywords: Representative of the general public, qualification board of judges, civil participation, public control, institution, public organization, civil control, judicial community, justice, human rights.

DOI: 10.7256/2454-0706.2014.7.12444

DOI: 10.7256/2454-0706.2014.7.52230

Abstract: On January 1, 2013 the Federal Law of December 12, 2010 N. 433-FZ “On Amendments to the Criminal Procedural Code of the Russian Federation and Loss of Effect of Some Legislative Acts (Provisions of Legislative Acts) of the Russian Federation” came into force, and it changed the very basis of understanding of nature, contents and object of cassation procedure, influencing the goals of review of the judgments, which have already entered into force. Taking into account the new interpretation of the object of cassation proceedings by the legislator, the understanding of the goals of revision of the judgments, which have already entered into force also needs to be revised. The methodological basis for the article is formed with the dialectic method of cognition. It also involved special scientific research methods, such as systemic-structural, specific sociological, comparative legal methods. The article substantiates the conclusion that the analysis of legislative novelties involving revision of the judgments, which are already in force show the tendency of bringing the Russian criminal procedural legislation closer to the legislations of the states of the continental legal system. It is manifested by the range and contents of goals of cassation proceedings. They include guaranteeing lawfulness of a judgment, methodological supervision of judicial practice, guaranteeing the uniformity of judicial practice, guaranteeing stability of judgments on criminal cases.

Keywords: Criminal judicial proceedings, revision of judgment, cassation proceedings, supervisory proceedings, object of cassation proceedings, goals of cassation proceedings, lawfulness of a judgment, stability of a judgment, grounded judgment, fair judgment.

DOI: 10.7256/2454-0706.2013.8.7533

DOI: 10.7256/2454-0706.2013.8.52027

Abstract: This article is devoted to the definition of the legal force of final decisions of the ECHR. The first part of the article provides for the definition of the practice of the EHCR, as well as distinction between the final decisions and other forms of objective activities of the ECHR. The second part or the article provides for the structural non-uniformity of the decisions of the ECHR, the author establishes the legal force of the positions on the fair compensation (a); interpretation of the norms of the European Convention on Human Rights (b); and on the established facts in a case (c).

Keywords: jurisprudence, ECHR, decision, interpretation, European Convention on Human Rights, res interpretata, precedent, interaction, reporting, res judicata

DOI: 10.7256/2454-0706.2016.8.12775

Abstract: The problem of judicial lawmaking is one of the relevant for the modern legal science. The subject of this research is judicial practice and legal precedent as the possible, acceptable, and valid sources of Russian law. The goal of this work consists in development of the theoretical positions, which contain substantiation of the importance of the official recognition of judicial practice and legal precedent as the sources of law in the conditions of promotion of the judicial reform along with the work on harmonization of legislation. The scientific novelty lies in the fact that this article is first to examine a complex of questions pertaining to inclusion of the judicial practice and legal precedent into the ranks of the sources of law in light of modernization of the Russian lawmaking. The author suggests theoretical positions and practical recommendations which allow developing the doctrine of judicial practice and legal precedent in Russia.

Keywords: Internationalization of legislation, Globalization of law, Judicial authority, Law enforcement, Judicial legal provisions, Sources of law, Lawmaking, Prejudice, Legal precedent, Judicial practice

DOI: 10.7256/2454-0706.2016.8.52685

Abstract: The legislative draft on the amendments into Art. 62 and 303 of the Criminal Code of the Russian Federation and the Criminal Procedural Code of the Russian Federation, as introduced into the Duma by the President of the Russian Federation, sets the new goals for the criminal procedural science. It is necessary to establish the expediency of the amendments, their potential infl uence on the effi ciency of criminal judicial procedure. The article contains the author’s point of view on the various problems, which are related to removal of the institution of attesting witnesses from the criminal procedure, and the possible ways to solve them. The author formulates the amendments and changes into the presidential draft.

Keywords: jurisprudence, evidence, fi xation, falsifi cation, authentication, authenticity, inspection, investigation, legislative draft, attesting witness.

DOI: 10.7256/2454-0706.2015.8.15934

Abstract: The subject of this research is the institution of judicial control over the adherence to the reasonable term for pretrial stages of criminal procedure. The object of this research is the principle of reasonable term for criminal procedure, its definition and criteria set by the legislation, as well as judicial control as one of the acting mechanisms of its realization. The author gives a detailed review of such aspects of this topic as efficiency of the rules on reasonableness of the term for criminal procedure, and sufficiency of the enacted criteria of said principle of the procedure. The main conclusions of the conducted research are the theses on insufficient normative regulation of the limitations of judicial control over the adherence to the reasonableness of terms for pretrial stages of criminal procedure, including during review of complaints of violation of the procedural terms, the need for additional examination of the forming judicial practice even by the highest judicial branch on criminal cases.

Keywords: Reasonable term, Criminal procedure, Judicial control, Procedural terms, Pretrial stage, Review of complaints, Participants of the criminal procedure, Court, Term of examination, Term of preliminary investigation

DOI: 10.7256/2454-0706.2015.8.52477

DOI: 10.7256/2454-0706.2016.9.16309

Abstract: This article examines the problematic issues pertaining to means of defense of civil rights. The author explores the possibility of defense against violation of rights through the means unlisted in the Russian Civil legislation, as well as the practice of their application in arbitration courts. Analysis is conducted on the points of views that exist in legal literature regarding the discussion on applicability of the norms on laches towards the demand for recognition of the right to ownership and claim to recognition absence of the real right. This work raises the issue of the possibility of application of claim to recognize the absence of real right in liability dispute. The author also examines the issue of implementation of the term of laches on claims to recognize the absence of real right, as well as the justification of the possibility to apply this term in a claim. A comparison is made between the declaratory judgment and nugatory claim.

Keywords: Real estate, Laches, Dispute, Real right, Real action, Claim, Declaratory judgment , Court, Civil law, right

DOI: 10.7256/2454-0706.2016.9.52696