scholarly journals Formation of the trial jury in the period of the pandemic: Russian and foreign experience

2021 ◽  
Vol 108 ◽  
pp. 04006
Author(s):  
Lydia Alekseevna Voskobitova ◽  
Tatiana Yurievna Vilkova ◽  
Sergei Aleksandrovich Nasonov ◽  
Maksim Aleksandrovich Khokhryakov ◽  
Rifat Rahmadjon Rahmadjonzoda ◽  
...  
Keyword(s):  
Theoretical Treatment ◽  
Significant Modification ◽  
Normative Approach ◽  
Foreign Countries ◽  
Administration Of Justice ◽  
Legal Nature ◽  
Analysis And Synthesis ◽  
Judicial Proceedings ◽  
The Russian Federation ◽  
Court Proceedings

The prerequisites for the research were formed by a complex collision between the legal nature of proceedings in the jury court and the standard sanitary and epidemiological restrictions. This collision was revealed in the course of the theoretical treatment of administration of justice in the pandemic period. The primary stage of judicial proceedings involving the participation of the jury was highlighted by the authors as a subject of the research – formation of the trial jury, where the said collision appears to be especially acute. The purpose of the study was to search for possible solutions to this collision; the objective – verification of the hypothesis stating that the pandemic situation has engendered a significant modification of the procedural form of trial jury selection. To resolve this problem, the normative approach, along with the method of legal comparative studies, was used: the criminal procedure legislation and the practice of its enforcement in the Russian Federation and a number of foreign countries was analysed. General logical methods were used: analysis and synthesis, induction and deduction, abstraction and progression from the abstract to the concrete, etc. The result of the research is the identification of special approaches in the Russian and foreign models of court proceedings involving the participation of the jury, reflecting the intention to adjust the procedure of trial jury formation to the pandemic period requirements: telecommuted formation of the trial jury in full or in part; replacing verbal questioning of candidates to the jury with a written questionnaire; extending the questioning of jury candidates through the inclusion of specific issues concerning the epidemiological situation. The hypothesis proposed in the publication was confirmed, in particular, relative to the Russian court proceedings with the participation of the jury.

Amendments to the Constitution of the Russian Federation of 2020 and the Content of Court Proceedings

2021 ◽  
pp. 5-12
Author(s):  
Latysheva N. A. ◽  
Keyword(s):  
Russian Federation ◽  
Organizational Support ◽  
National Language ◽  
Record Keeping ◽  
Judicial Proceedings ◽  
The Russian Federation ◽  
Court Proceedings

Judicial record-keeping, which in its content refers to judicial activity of a security, auxiliary nature, received an impetus for its development in connection with the amendments to the 1993 Constitution of the Russian Federation that entered into force on July 4, 2020. The introduction of innovations, which will take place through the organizational, guiding activities of the bodies of the judicial community – the Council of Judges of the Russian Federation and the bodies of the judicial community in the constituent entities of the Russian Federation and the improvement of regulatory regulation by authorized entities will allow realizing the needs of society in a new quality of relations between the judiciary and citizens of the Russian Federation. The article substantively defines the problems of the development of normative regulation in the course of ensuring arbitration proceedings, organizing constitutional and legal judicial statistics, exercising the rights of citizens to use the national language in the process of conducting judicial proceedings. In connection with the findings, options are proposed for generating ideas in the field of organizational support of justice.

scholarly journals Main Fundamentals of Economic Judiciary of Ukraine

2020 ◽  
Vol 9 (1) ◽  
pp. 34
Author(s):  
Vadym Koverznev
Keyword(s):  
Rule Of Law ◽  
Final Stage ◽  
Court Decisions ◽  
The Rule Of Law ◽  
Legal Principles ◽  
Administration Of Justice ◽  
Legal Nature ◽  
Principle Of Justice ◽  
Judicial Proceedings ◽  
Judicial Protection

The article deals with the principles of judicial proceedings by economic courts of Ukraine and their legal nature is disclosed. The relation between the concepts of "jurisdiction" and "justice" is determined; the author formulates the principle of the rule of law and outlines its main elements; the legal nature of the principle of justice and its variants is disclosed; criteria for determining the reasonableness of the terms of the court's consideration of the case are proposed; it is substantiated that the enforcement of the judgment is the final stage of the administration of justice and one of the main criteria for determining the effectiveness of judicial protection of individual rights. The author has proved that the current economic procedural legislation of Ukraine is based on the international legal principles of activity of judicial bodies and ways of its improvement are suggested. Keywords: fundamentals of economic judiciary, jurisdiction, justice, the rule of law, ratability, binding nature of court decisions

scholarly journals Legal Regulation of Cryptocurrency Emission and Allocation: Trends and Prospects

2020 ◽  
Vol 15 (6) ◽  
pp. 55-63 ◽  
Author(s):  
M. A. Egorova ◽  
A. V. Belitskaya
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Philosophical Question ◽  
Foreign Countries ◽  
Legal Nature ◽  
The World ◽  
Recent Trends ◽  
The Russian Federation

Recently, the legislation on cryptocurrencies has been rapidly developing both in foreign countries and in the Russian Federation. The paper analyses trends and prospects of legal regulation of cryptocurrency emission and allocation, represents various approaches to this issue in the international arena. The author provides us with a thorough analysis of recent trends in the development of legislation on the emission and allocation of cryptocurrencies in the world, substantiates the theses that states are constantly seeking to settle the digital realm. By defining the legal nature of cryptocurrencies and referring them to a particular object of legal regulation, the state streamlines and systematizes the rules that will be applied to mining and ICO. Whether the market is interested in such regulation is a philosophical question, but the state as a sovereign cannot afford to recognize (the lack of regulation should be treated as a tacit recognition in this case) the existence of cryptocurrency as an alternative to the national payment unit.

scholarly journals Some Issues of the Implementation of Delegated Legislation as a Way to Improve the Current Legislation

2021 ◽  
pp. 153-158
Author(s):  
A. V. Shindina
Keyword(s):  
Russian Federation ◽  
Separation Of Powers ◽  
Foreign Countries ◽  
Legal Nature ◽  
The Russian Federation ◽  
Exclusive Right ◽  
The Relationship ◽  
Delegation Of Powers ◽  
Law Making

The article comprehensively investigates the constitutional and legal nature of the institution of delegated legislation. The author raises the question of the possibility of implementing the institution of delegated legislation into the existing system of separation of powers, enshrined in the current Constitution of the Russian Federation. The author considers the possibility of implementing the delegation of powers in terms of the development of regulatory legal acts, as well as the exclusive right to implement delegated legislation, as one of the ways to improve the current legislation. The paper emphasizes the relationship between the quality of the law-making process and the possibility of effective transformations in modern Russia. Examples of the implementation of the institution of delegated legislation both in a number of foreign countries and in Russia are given. The author not only substantiates the need for the development of delegated legislation, but also separately studies the issue of creating professional lawmaking.

scholarly journals Reflections on the Legal Classification of Participants in Criminal Proceedings

Lex Russica ◽  
2021 ◽  
pp. 103-111
Author(s):  
V. S. Latypov ◽  
R. А. Ismagilov
Keyword(s):  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Proceeding ◽  
Modern Period ◽  
Foreign Countries ◽  
Administration Of Justice ◽  
Procedural Code ◽  
The Russian Federation

In the paper, the authors attempt to analyze the legislative classification of participants in criminal proceedings. The work contains an analysis of the ratio between the concepts of "participant" and "subject" of criminal procedural relations. Having studied the approaches available in the theory of criminal procedure that existed during the period of the Soviet criminal procedure legislation and in the modern period, the authors conclude that it is unacceptable to identify the concepts of "participant" and "subject" of the criminal proceedings. A participant in a criminal proceeding is a person who has certain characteristics, including the existence of rights, duties and responsibilities, as set out in the relevant criminal procedure norm or group of norms.Having applied the method of comparative legal analysis of domestic and foreign criminal procedure legislation, procedural theoretical constructions of the Soviet and modern period, the authors conclude that the legislator made an error in the presented classification and system of participants in the criminal procedure. In addition to the main criminal procedure functions, the authors focus on the existence of other functions that are no less important for the emergence and development of criminal procedure relations. It is stated that there is a need to change the approach to the legislative classification of participants in criminal proceedings, taking as a basis the existing experience of individual foreign countries. The authors propose to change the structure of section II of the Criminal Procedural Code of the Russian Federation, which makes it possible to avoid the currently existing procedural conflict related to the attribution of the investigator and the inquirer to the prosecution. It may also help to eliminate any doubts about the attribution of persons assisting in the administration of justice to the participants in the proceedings.

scholarly journals Court proceedings for imposition of administrative sanctions

2018 ◽  
Vol 2 (3) ◽  
pp. 110-116
Author(s):  
L. Terekhova
Keyword(s):  
Russian Federation ◽  
Current Trends ◽  
Procedure Code ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
Court Proceedings ◽  
The One ◽  
Administrative Jurisdiction ◽  
Administrative Proceedings ◽  
Administrative Sanctions

The subject. The paper deals with the procedural issues of imposition of administrative sanctions by the courts.The purpose of the paper is to identify how the form of proceedings impacts on the rights and obligations of administrative trial participants.Methodology. The author uses the methods of analysis and synthesis, as well as dialectic approach. The formal-legal interpretation of the Code of Administrative Offences, the Code of Administrative Proceedings, the Commercial Procedure Code of the Russian Federation and is also used.The main results and scope of their application. The rules of the Code of Administrative Offences of the Russian Federation are "average" according to their nature, they are designed for application by a lot of authorities competent to impose administrative sanctions.The focus of the rules of the Code of Administrative Offences of the Russian Federation is to regulate the procedure for imposition of administrative sanctions and to define the punishment for an administrative offense. Therefore, the civil procedural form is not applicable here and the rules of the Civil Procedure Code and Code of Administrative Proceedings of the Russian Federation shouldn’t be used."Procedural form" in cases of administrative offenses considered by arbitration courts is mainly represented by the rules of the Code of Administrative Offences of the Russian Federation. The accused person can receive a little from actually judicial (civil) procedural form.The serious contradictions of the Code of Administrative Offences with the rules of the Commercial Procedure Code of the Russian Federation couldn’t be seen, on the one hand, but, on the other hand, the provisions of the Code of Administrative Offences of the Russian Federation have a different focus. The results of research may be used as the basis of correction of Code of Administrative Offences, the Commercial Procedure Code of the Russian Federation and may also inspire new researches concerning procedural issues of imposition of administrative sanctions by the courts.Conclusions. Participants in simplified administrative proceedings fall into a double trap: they are initially deprived of guarantees of procedural form due to the predominance of the rules of the Code of Administrative Offences of the Russian Federation and are again deprived of the "remains" of procedural form because of using the simplified proceedings. Empowering the courts with the authority of administrative jurisdiction does not correspond to the current trends in the development of legislation.

scholarly journals On the Issue of the Access of Citizens to Justice in the Conditions of Digitalization of Criminal Proceedings

Lex Russica ◽  
2020 ◽  
pp. 71-80
Author(s):  
N. V. Sofiychuk ◽  
L. A. Kolpakova
Keyword(s):  
Effective Interaction ◽  
Digital Technologies ◽  
Information Support ◽  
Criminal Proceedings ◽  
Legal Proceedings ◽  
Administration Of Justice ◽  
Judicial Proceedings ◽  
Court Proceedings ◽  
The One ◽  
The Right

The paper deals with the issues of ensuring access of citizens to justice in the conditions of introduction of digital technologies in criminal proceedings. The authors substantiate the obligation of the judiciary to ensure effective interaction with citizens and professional participants of procedural relations through electronic services and information resources. The paper analyzes socially useful effects from introduction of digital technologies in the mechanisms of court proceedings, as well as some emerging risks. Based on content analysis of Internet sites of the courts, the survey of different social groups, and analysis of the unfolding scientific discussions, the authors draw generalizing conclusions concerning the degree of accessibility of information posted on the relevant Internet pages, readiness of the society to widen the boundaries of digitalization in the field of legal proceedings, problems of introduction of digital technologies in criminal proceedings in comparison with other types of judicial proceedings. Proposals are made to optimize the information support of the activities of the courts. The authors conclude that due to introduction of digital technologies in the field of judicial proceedings a qualitative shift has taken place towards automation and simplification of clerical mechanisms. Search for the necessary information in the vast information field has become easier, as well as other positive social and legal changes have become possible. However, at this stage a complete transition to “digital proceedings”, at least in the field of criminal proceedings, is not possible, on the one hand, due to the very legalistic nature and essence of criminal procedure that requires participation of a human both at the pre-trial stages of the proceedings and at the level of administration of justice. On the other hand, the society is not ready yet to abandon traditional forms of interaction with the judicial system. The latter could inevitably lead to a violation of the right of citizens to access justice, since digital technologies are not yet available for a large group of the population due to a number of objective and subjective causes.

scholarly journals On the legal nature of strategic planning of socioeconomic development in foreign countries

2021 ◽  
pp. 1-20
Author(s):  
Alexander Alekseevich Ishchenko
Keyword(s):  
Strategic Planning ◽  
Russian Federation ◽  
Socioeconomic Development ◽  
Legal Aspect ◽  
The United States ◽  
Legal Regulation ◽  
Planning System ◽  
Foreign Countries ◽  
Legal Nature ◽  
The Russian Federation

The subject of this research is the legal nature and legal mechanisms of strategic planning of socioeconomic development in foreign countries. The goal is to examine the peculiarities of legal nature of the strategy of socioeconomic development in foreign countries. The author sets the following tasks: analyze the current state of legal regulation of the strategy of socioeconomic development in the Russian Federation; examine the peculiarities of legal nature of the strategy of socioeconomic development in certain foreign countries; use the data acquired in comparative legal aspect for outlining the prospects of using positive foreign experience in domestic practice. Analysis is conducted on the experience of strategic planning in the United States, Germany, and Japan as the representatives of different groups of countries with their own specificities. The author describes the peculiarities of various approaches towards legal regulation of strategic planning , which are substantiated by the following factors: the historical path of development of the strategic planning system; affiliation to different legal families and establishment of legislative system; degree of economic and social development; approaches towards settlement of the questions of correlation of public and private interests, and a range of other factors. The strengthening of the role of federal center as the organizing core of the mechanism of strategic planning is substantiated. The conclusion is made on the prospects for the development of legal regulation of the strategy of socioeconomic development in the Russian Federation. Recommendations are formulated on amending the legislation in the sphere of strategic planning.

scholarly journals A Russian Judge Roadmap of Intellectual Dispute Consideration and Resolution

Russian judge ◽  
2020 ◽  
Vol 10 ◽  
pp. 3-6
Author(s):  
Yuriy F. Bespalov ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Russian Federation ◽  
Legal Nature ◽  
The Russian Federation ◽  
Court Proceedings ◽  
Proper Consideration ◽  
The Way

The article presents the roadmap of the Russian judge for the consideration and resolution of intellectual disputes and other requirements in the intellectual and legal sphere. The author defines the list of actions of the judge at the stage of acceptance of the statement of claim (application) for court proceedings and at the stage of consideration and resolution of the case. The circumstances that are important for the proper consideration and resolution of an intellectual dispute include: 1) infringed intellectual property rights; 2) the substance of the violated right and its legal nature; 3) the person committed a violation of intellectual property rights; 4) the circumstances under which committed such violation; 5) whether the plaintiff is a person whose right is violated; 6) it is determined the way of protection; 7) the rules of law to be applied; 8) other, depending on the situation. Proposals were made to improve the legislation of the Russian Federation in the intellectual sphere.

To a question of the joint will of the spouses serving sentence in places of detention

2019 ◽  
pp. 153-159
Author(s):  
Ксения Юрьевна Логинова ◽  
Юлия Александровна Борзенко
Keyword(s):  
Detailed Analysis ◽  
Russian Federation ◽  
The Novel ◽  
Federal Law ◽  
Theoretical Understanding ◽  
Special Procedure ◽  
Foreign Countries ◽  
Legal Nature ◽  
The Will ◽  
The Russian Federation

Реформа гражданского законодательства, начатая еще 10 лет назад, продолжается и в 2019 г. Так, 1 июня 2019 г. вступят в силу нормы, модифицирующие некоторые правила наследования, в том числе наследования по завещанию. В частности, Федеральным законом от 19.07.2018 № 217-ФЗ «О внесении изменений в статью 256 части первой и часть третью Гражданского кодекса Российской Федерации» закреплен особый порядок распоряжения имуществом на случай смерти посредством оформления супругами совместного завещания. Институт совместного завещания супругов является новым для гражданского законодательства РФ, что детерминирует необходимость его детального анализа и теоретического осмысления принятых положений. В статье исследуется правовая природа совместного завещания супругов, существующий опыт зарубежных стран по реализации порядка составления и отмены указанного вида завещания, а также возможность применения норм о совместном завещании супругов в условиях изоляции от общества, в связи с назначением наказания в виде лишение свободы. Авторами предпринята попытка комплексного освещения института совместного завещания и выявления возможных проблем реализации новелл о завещании, в том числе лицами, отбывающими уголовные наказания в местах лишения свободы. The reform of civil legislation, which began 10 years ago, continues in 2019. Thus, on 01.06.2009 the norms modifying some rules of inheritance, including inheritance by will, will come into force. In particular, the Federal law of 19.07.2018 No. 217-FZ “On amendments to article 256 of part one and part three of the Civil code of the Russian Federation” establishes a special procedure for the disposal of property in case of death through the registration of a joint will by the spouses. The institution of joint will of spouses is new for the civil legislation of the Russian Federation, which determines the need for its detailed analysis and theoretical understanding of the adopted provisions. The article examines the legal nature of the joint will of the spouses, the existing experience of foreign countries in the implementation of the procedure for the preparation and cancellation of this type of will, as well as the possibility of applying the rules on the joint will of the spouses in isolation from society, in connection with the imposition of punishment - imprisonment. The authors made an attempt to comprehensively cover the Institute of the joint will and identify possible problems of the implementation of the novel about the will, including persons serving criminal sentences in places of deprivation of liberty.

Sign in / Sign up

Export Citation Format

Share Document