Judicial Activity Research Articles

Electronic Court Case

Formulation of the problem. The subject of the article is the concept, the legal nature of an electronic court case. All judicial activities (both organizational and procedural) are continuously documented, including through the formation of court cases by creating and maintaining them. Correct organization of judicial activity at all levels is an important condition for the implementation of high-quality and effective justice, compliance with procedural norms, timely consideration of court cases and enforcement of court decisions. Purpose of the Work: to reveal the theoretical and methodological foundations of building a modern rational innovative electronic document management, mediated by an automated information system in the courts of the Russian Federation. Results, Brief Conclusions. An electronic court case is understood as a set of documents, information about documents (metadata of documents), information about a case (metadata of a case), documented legally significant actions, mediated by information systems, characterized by a single semantic orientation. Each electronic litigation case has its own life cycle: from the moment of creation to deposit (destruction). All legally significant actions within the framework of an electronic court case are drawn up (documented) in the information systems of the court. Electronic court case is a new communication environment for the subjects of the relevant legal relations to exercise their powers, rights and obligations, which largely determines the mode of action of their carriers.

The Role of the Court in the Legal and Moral Education of Citizens

The relevance of this article is due, on the one hand, to the need to change the criminal situation in the country for the better, on the other – the duty of all lawyers of the Russian Federation, which requires them to contribute to the construction of the rule of law in Russia. This contribution from the institution of the court should and can be made by realizing the potential of the court for the legal and moral education of Russian citizens. The author considers six main factors that determine whether the court has such opportunities. Such opportunities are provided by: 1) the adoption by the courts of lawful, reasonable and fair decisions on the cases under consideration; 2) compliance with all the principles of judicial activity; 3) strict compliance with the form of the judicial procedure itself established by law; 4) personal behavior of the judge that meets the requirements of the law and the requirements of the Code of Judicial Ethics; 5) building relationships between the judge and the parties involved in the process that meet the requirements of universal and professional morality; 6) building relationships between the defense and the prosecution that meet the requirements of universal and professional morality.

Characteristics of review of economic affairs in the appeal procedure

The right to go to court for judicial protection is an institution of procedural law that regulates the grounds and procedure for violation of judicial activity to protect rights, freedoms and interests.
 The legislator divided those who have the right to go to court into those who seek protection of their rights, freedoms and interests, and those who go to court to protect the interests of the state, public interests and the rights, freedoms and interests of others.
 In recent years, Ukraine has improved procedural legislation, including economic procedural. Law of Ukraine "On Amendments to the Commercial Procedural Code of Ukraine, Civil Procedure Code of Ukraine, Code of Administrative Procedure of Ukraine and other legislative acts of 03.10.2017 № 2147-VIII, Commercial Procedural Code of Ukraine is set out in a new version, which entered into force on December 15, 2017 As a result of this legislative activity, new institutions of the economic process appeared and those that existed before were improved. The institute of appeals has also been significantly updated, as the procedure for filing appeals and cassation appeals has been changed, the deadline for appeals has been extended, changes have been made to the list of decisions of the court of first instance that can be appealed separately. The mechanism of legal regulation of appeals against decisions of the court of first instance in the economic process is based on the decision of the commercial court of first instance. 
 In this scientific work the peculiarities of reviewing economic cases on appeal are investigated, the legal analysis of appellate proceedings is carried out. An analysis of decisions that can be appealed separately from the court decision. The signs of appellate proceedings are characterized, the peculiarities of appealing the case to the court of appellate instance are determined, the concepts of appellate, appellate proceedings and appellate stage are formulated.

Организация и обеспечение безопасности судебной деятельности в новых эпидемиологических условиях

The article is an analysis of the practice of applying measures by courts to counter the spread of a new coronavirus infection. Proposals are made for the targeted reform of procedural legislation, taking into account the nature of the current anti-coronavirus restrictions, as well as the norms governing the organization and provision of judicial activities.

The Role of the Court in Balancing Private and Public Interests in Criminal Proceedings

Introduction. The transformation of the state policy in the sphere of public and private law, expressed in the priority protection of the rights and legitimate interests of the individual in any sphere of public life, which influenced the rethinking of the true purpose of the court in society – the administration of justice as the main function of the judiciary, led to the deprivation of the judicial activity of a repressive orientation and led to the reform of the judicial system and judicial proceedings, including criminal proceedings. But a number of problems remained unresolved. Among such problems, the problem of strengthening the judicial power and its implementation in the course of criminal proceedings remains important. The institute of judicial power is the subject of scientific interest of many scientists, their systematic theoretical and applied research, the results of which will make it possible to develop an optimal model of legal regulation of the court’s activities for the implementation of judicial power in criminal proceedings. Theoretical Basis. Methods. The theoretical basis of the research is scientific works in the field of philosophy of law, theory of law, constitutional and criminal procedure law, devoted to such a legal phenomenon as the judiciary, from the position of not only determining its essence and formation, but mainly as a tool for resolving the eternal conflict between the state and the individual in all areas of legal regulation of public relations, including the criminal process. The use of the universal dialectical method of cognition made it possible to study such a legal phenomenon as the judiciary in the development, interdependence and interrelation with such categories as “justice” and “judicial proceedings”. Results. The article reveals promising directions for expanding the dispositive, private principles in such a public sphere as the investigation, consideration and resolution of a criminal case, which can give the court’s activities in the field of criminal justice a truly human rights-based and dispositive character. Discussion and Conclusion. The twenty-year experience of law enforcement practice in the context of the democratization of the Russian state testifies to the constant reform of the judicial system and judicial proceedings in order to strengthen the legal status not only of the court as the sole bearer of judicial power, but also the procedural status of participants in any legal dispute or conflict by giving them greater rights and opportunities to defend their legitimate interests. However, further scientific research of the issues under consideration and the preparation of conceptual proposals to the legislator aimed at changing the norms of the current criminal procedure law are necessary.

Виды судебной деятельности и ее элементы

The relevance of the study of judicial activity is determined by the need to improve its quality. Judicial activity directly affects the implementation of various human rights and freedoms, one of which is the right to a fair trial. In addition, knowledge about judicial activity needs to be systematized and generalized in order to use it most effectively. Judicial activity, as a rule, is considered while a number of other relevant aspects are being studied rather than as an independent category. The research mainly relied on the method of materialistic dialectics as well as the methods of information analysis and synthesis, the formal-legal and comparative-legal methods. The empirical basis of the study was an analysis of the legislation of the Russian Federation related to the issue of legal regulation of judicial activity, as well as an analysis of the data of the Judicial Department at the Supreme Court of the Russian Federation.

Structural modelling for assessing the effectiveness of system for countering legalization of illicit money

The article suggests a scientific and methodological approach to the evaluation of the infrastructural component’s effectiveness in the anti-money laundering system due to digitalization. Structural modelling is the basis for the mentioned approach implementation, which consists of several steps. First, the input data is selected in terms of the effective regulation of the financial services market, law enforcement and judicial activities, and digitalization. Next, the moving average method is used to identify the growth rate of missing values in the available data series. Then, the selection of relevant factors for financial services market regulation, law enforcement activity, judicial activity and digitalization is based on the principal component analysis. After reducing the input array of data to a comparable form, a structural equations system can be constructed to reflect the impact of the digitalization level on the latent integral characteristics of the directions of anti-money laundering work done by regulatory authorities. Finally, the model is checked for adequacy. The result of this research can serve as an information base for further strengthening the digital vector in the development of regulation institutions and law enforcement agencies overseeing the financial services market, as well as for the radical transformation of courts in Ukraine since digitalization currently negatively affects them.

ОБМЕЖЕННЯ СУМІСНОСТІ СУДДІВСЬКОЇ ДІЯЛЬНОСТІ В СИСТЕМІ МЕХАНІЗМІВ ЗАБЕЗПЕЧЕННЯ... НЕЗАЛЕЖНОСТІ СУДДІВ

The article is devoted to the problems of legal certainty of the requirements for limiting the compatibility of judicial activity. It is emphasized that legally defined restrictions on the types of additional activities of a judge are not a restriction of human rights to freedom of choice, but are one of the tools for ensuring the independence of judges. The purpose of this article is to analyze the legal regulation of restrictions on the compatibility of judicial activity, to determine their legal nature and to formulate proposals for improving modern legislation in the aspect of legal regulation of requirements for the incompatibility of judges as a tool in the mechanism of ensuring their independence. Based on the generalization of the practice of the High Council of Justice in the context of establishing the facts of violation by judges of the restrictions on co-operation, a number of problems have been identified, one of which is the imperfection of the normative wording of the above-mentioned restrictions. The article carries out a systematic analysis of legislative acts that formulate requirements for limiting judicial activity, which made it possible to formulate the composition of the objective side of a judge’s offense in the field of incompatibility requirements. It was concluded that the proceedings to establish the violation of the requirements regarding the incompatibility of the judicial position are currently classified as a special constitutional procedure, but there are no objective grounds for this. These types of offenses may well be included in the system of disciplinary proceedings, which will ensure the unity of the legal procedure for establishing the fact of a judge’s offense resulting in disciplinary liability. It was concluded that the special terminology used in establishing legal restrictions for judges should be clear and clearly interpreted, correspond to European approaches and national realities. The ban on concurrent work should ensure the good faith, impartiality and objectivity of the judge during the consideration of court cases. In turn, the state must provide the judge with everything necessary at a decent level in order to prevent the offense of incompatibility requirements on the part of judges

ЦИФРОВИЗАЦИЯ И СУДЕБНАЯ ДЕЯТЕЛЬНОСТЬ

The article analyzes scientific research concerning the elements of electronic justice and the emerging practice of using digital technologies in judicial activity. The experience of using these technologies in the organization of legal proceedings, court records management and in the field of judicial administration is summarized. The main priorities of the Russian judicial reforms are revealed.

Impartiality in court proceedings

The importance of the rule of law for the functioning of a democratic state makes this research topic relevant. The study aims to examine the principle of impartiality as one of the key principles of legal procedures, define its place in the provisions of international treaties, international legal acts, and the legislation of Ukraine, and study its interpretation in practice of the European Court of Human Rights. The main research method we used in the article was the formal-legal method, which allowed us to ana-lyze the legal framework of international law, court practice, and the legislation of Ukraine. This, in turn, helped us to examine the level of legal regulation on the principle of impartiality and find out cer-tain gaps. The article explores the practice of the European Court of Human Rights and, on its basis, substantiates as the conclusion the importance of the principle of impartiality in judicial activity. More-over, having analyzed the legislation of Ukraine, we revealed the need to refine the consolidation of the principle of impartiality and its detailed interpretation in regulatory legal acts, in particular, the Law of Ukraine On the Judiciary and Status of Judges. The practical significance of the article is to prepare the basis for amendments to the legislation of Ukraine.

Digitalization of the state-legal space exercise of judicial power: cybernetics and judicial activity

Digitalization of the state-legal space exercise of judicial power: cybernetics and judicial activity

ПРАВОСУДИЕ В УСЛОВИЯХ ЦИФРОВИЗАЦИИ: АКТУАЛЬНЫЕ АСПЕКТЫ СТАНОВЛЕНИЯ И РАЗВИТИЯ

The article examines the current aspects of the development of justice in the context of digitalization; assesses modern processes and prospects for the use of new technologies in the activities of judicial authorities; analyzes the views of scientists on the concept of digital justice, the level of development of legislation and judicial practice, reflecting the processes of introduction of digital technologies in judicial activity; identifies the limits and risks of digitalization and ways to counteract, allowing to preserve the humanistic essence and the basic principles of justice in the present and future.

Problems of using electronic technologies in judicial activity

В статье рассматриваются правовые и организационные проблемы использования различных технических и правовых решений в электронном судопроизводстве, с которыми могут столкнуться граждане при реализации своих конституционных прав при организации их судебной защиты.

Justice and justice M.I. Kleandrov. Justice and justice

Monographic work of Corresponding Member of the Russian Academy of Sciences M.I. Kleandrov is a fully meaningful and critical analysis of the previous experience of judicial activity in the system of arbitration courts and, finally, in the Constitutional Court of the Russian Federation, the Council of Judges of the Russian Federation, scientific activity as a chief researcher at the Institute of State and Law of the Russian Academy of Sciences, necessary to develop a new understanding of what new forms of fair justice should be. The solution of this problem, the author believes, is necessary in conditions of uncertainty of legal norms, within the framework of judicial discretion, with judicial law-making and rulemaking, the problems of evidence in court proceedings and in extreme situations (pandemics), solving problems related to the imposition of death sentences and the rapid introduction of artificial intelligence into judicial activity.

Research on the Judicial Expertise of Electronic Evidence Based on Blockchain

Give full play to the advantages of blockchain technology, guarantee the consensus of public credit institutions with the help of hierarchical nodes, and form a judicial alliance chain, so that the public can participate in the data verification activities of electronic evidence in the form of organizations, promoting the socialization and development of judicial activities. By using the credible time-stamp evidence, the judicial block chain presents the extremely formidable application superiority, the node verification based on the block chain consensus mechanism, is helpful to form the block chain judicial system which has the extremely application prospect. Through the analysis of the practical application and application prospect of the judicial block chain, the author makes a complete analysis of the idea of the electronic evidence judicial appraisal based on the block chain.

Approval of the new judicial map: A priority of the Albanian justice reform

The justice reform that was crowned in our country with constitutional and legal changes in 2016, aims to reorganize existing institutions in the field of justice and establish new constitutional institutions that aim to increase public confidence in more effective justice. One of the main normative acts that are part of the justice reform in Albania is the adoption of law no. 98/2016 “On the Organization of the Judiciary in the Republic of Albania”, which provides, inter alia, the approval of the new judicial map, based on the criteria and principles of territorial distribution of courts of general jurisdiction, courts of appeal and special courts, including administrative courts. Based on this normative act, it turns out that the new judicial map has not been finalized yet, which is approved by the Ministry of Justice in cooperation with the High Judicial Council. Related to the content of the new draft judicial map in the discussion process, the question that arises is whether “out of 22 courts of general jurisdiction of the districts, including six administrative courts of first instance, including six courts of appeal of general jurisdiction, which are supposed to be reorganized. in 12 courts of general jurisdiction, two administrative courts of first instance and one court of appeal of general jurisdiction “would it be a real opportunity to increase the quality of judicial activity, within a fair legal process? There is a postulate in jurisprudence that is “delayed justice is denied justice”. Based on this postulate, the new judicial map has urged the debate regarding the fact that the resolve of court proceedings as soon as possible, as well as the unification of case law due to the centralization of courts, should not jeopardize access to the parties and interest group for a fair and public process by a competent, independent and impartial tribunal established by law. The lack of resources in the judiciary, due to the vacancies with judges and prosecutors that are currently being created at all levels of the justice system, cannot serve as an excuse for the concentration of courts through a new judicial map without analysis of other social and economic factors, which, as we analyzed above, directly affect the delivery of a more efficient and effective justice than what we currently have.

Prerequisites of verification judicial activity in the civil process

Prerequisites of verification judicial activity in the civil process

Challenging the decision of the financial commissioner in court: distribution of the burden of proof

This article discusses evidentiary activities with an insurance (financial) company contesting the decision of the financial commissioner, adopted by him at the request of a consumer of financial services at the pretrial stage of resolving an auto insurance conflict. Comparative legal analysis, system-structural analysis, and synthesis make up the methodological basis of the study. The relevance of the study, because of the legal nature of cases challenging the decision of the financial commissioner, reflecting a qualitatively “new” format of the mechanism for protecting the rights of this participant in auto insurance legal relations in the Russian Federation, is because proving in any civil case makes up the “core” of all judicial activities to resolve civil law conflict. The author evaluates implementing the legally established paradigm of adversarial litigation in the consideration and resolution of this category of cases, because the subject of judicial review is the decision of a public competent person, who, as a general rule, is charged with proving the legality and validity of his decision. The article explores the feasibility of implementing an “active” role of the court in implementing this mechanism for protecting the rights of insurance companies.

Quasi judicial institutions in the civilization space for labor dispute resolution

This article examines conciliatory forms of proceedings for complaints and disputes related to the application of labor legislation or conditions of certain contracts that echo the past and modern period of extrajudicial forms; it also emphasizes that the period of the new economic policy was due to the phenomenon of rationalization and individualization of consciousness. The normative base of the conciliation and intermediary institutions of the early Soviet period is analyzed, and the competence of the assessment and conflict commissions is shown. The first norms of labor legislation emphasized democracy and attention to the literal mathematical equality of the parties during procedures for resolving conflicts and resolving cases, which has reference to the classical judicial principles of openness, publicity, transparency, and parity in proceedings, and allows us to make a reservation in terms of confusion and inconsistency and rationing the activities of all quasi-judicial institutions. Conciliation and mediation institutions, on the one hand, were built into the system of labor relations, and on the other hand, they are qualified as quasi-judicial, with all the signs of judicial activity. The relevance of the study lies in the fact that conciliatory activity in the civilizational space has been poorly studied, and in this regard, the study has historical significance, and has parallels with the practice of modern labor dispute commissions, conciliation commission, mediator, labor arbitration, arbitration court, mediator, lawyer, notary, and other conciliatory and intermediary institutions. Also, the parallels of the past years against the background of the reconstruction of archival materials and files according to the reports of the craft department of the workshop against the background of the industrial panorama of Belarusian cities in the 19th — early 20th centuries, the industrial appearance of the city of Minsk.

ЦИФРОВАЯ РЕФОРМА ПРАВОСУДИЯ: ФРАНЦИЯ И РОССИЯ

The main legislative and governmental acts of France in the field of regulation of various aspects of the country's digital development, interaction of citizens and state and local authorities, digital reform of judicial activity and access to justice are considered. It is shown how the development of digital technologies at the present stage makes it possible to solve the main tasks of the administration of justice in France. For comparison, the achievements in the field of digitalization of judicial activity in the Russian Federation are briefly highlighted.