About non-federal justice Part II. World justice: the need to change the vector of legislative regulation

Abstract

This article is the second in a series of author's articles devoted to the mechanism of non-federal justice . According to the author, after the adoption of the Federal Law “On magistrates in the Russian Federation” in 1998, almost all 23 amendments and additions to it led to the federalization of the Justice of the peace. The author suggests returning to its origins, roots, traditions – the time of the Judicial reform of the Russian Empire in 1864, when the world justice system was first created – based on a soundly developed legislative foundation. It is proposed to change the current vector of development of the legislative regulation of world justice from its federalization to its autonomization, its complete separation from the federal mechanism of justice. In particular: to transfer to the jurisdiction of magistrates the consideration of “minor” economic disputes; in sparsely populated areas to introduce mandatory election of magistrates; in all procedural codes to introduce provisions on simplification of judicial procedures for magistrates; the appellate and cassation instances should be created in the form of the appellate chamber of the district and the cassation chamber of the subject of the Russian Federation, consisting of magistrates who administer justice, respectively, in the district and the subject of the Russian Federation, etc.