Procedural Deadlines Research Articles

CITAÇÕES E INTIMAÇÕES NO JUIZADO ESPECIAL: A FAZENDA PÚBLICA E A DINÂMICA DOS PRAZOS

This article explores the dynamics of summons and subpoenas in the Small Claims Courts, focusing on the Public Treasury and the regulation of procedural deadlines. Initially, the concept of summons and subpoenas and their relevance to ensure the regularity of the process and the principles of adversarial proceedings and full defense are addressed. Next, the participation of the Public Treasury in Small Claims Courts is analyzed, highlighting the specificities brought by Law No. 12,153/2009, and how the legislation establishes equitable treatment for procedural deadlines. The article investigates the case law of the Superior Courts, which confirms the equivalence of the deadlines of the Public Treasury to those of other litigants in Small Claims Courts, in line with the principle of speed. The implementation of electronic tools for citations and summonses is discussed, highlighting both the benefits in terms of procedural efficiency and the challenges faced by the Public Administration in adapting to new technologies. In conclusion, the article argues that procedural modernization and flexibility are crucial to balancing the speed of Small Claims Courts with the rights of the Public Treasury, promoting faster and more effective justice.

Актуальные проблемы правовой регламентации уголовно-процессуальных сроков

The article is devoted to problematic issues of legal regulation of terms based on the analysis of the normative provisions of modern and Soviet criminal procedure legislation. The author has identified and resolved an intra-industry legal conflict in the criminal procedure law between Article 128 of the Code of Criminal Procedure of the Russian Federation, according to which the terms established in the criminal procedure law are calculated in hours, days, months, and a number of articles of the Code of Criminal Procedure of the Russian Federation, indicating calculation in other units of measurement (minutes, days, years). The law enforcement practice of calculating criminal procedural deadlines was analyzed and ambiguous decisions made by employees of internal affairs bodies were discovered. The main violations of the rights and freedoms of participants in criminal proceedings related to incorrect calculation of deadlines in criminal proceedings are revealed. Such violations lead to delays in criminal proceedings, non-compliance with the principle of legality and the principle of a reasonable period of criminal proceedings. As a result, proposals and recommendations were made to improve the law, consisting in supplementing and amending article 128 Code of Criminal Procedure of the Russian Federation.

Prohibition of certain actions as a preventive measure: concept, legal nature

The study is devoted to problematic aspects of the definition of the concept of "prohibition of certain actions", as well as its legal nature. Since the introduction of the prohibition of certain actions into the mechanism of criminal procedure regulation (Article 105.1 of the Code of Criminal Procedure of the Russian Federation), various aspects of the functioning of the institution in question have been discussed in the scientific community. However, little attention has been paid to the issue of the legal nature and concept of this measure. The existing approaches to definition are reduced either to discussing the nature of procedural restraint or coercion in general, or listing the prohibitions established by Article 105.1 of the Code of Criminal Procedure of the Russian Federation, thereby forming the scope, not the content of this term. It seems appropriate to define the concept of "prohibition of certain actions" by establishing its legal nature, basic idea and purpose. The legal nature, the main idea and purpose of the prohibition of certain actions are revealed, the author's understanding of the term is formulated, and the classification model of prohibitions provided for by this measure is determined in the article. Firstly, the purpose of the prohibition of certain actions is to ensure guarantees of compliance with procedural deadlines; prevention of reputational risks during the rehabilitation procedure; reduction of the financial burden of the state budget by optimizing the number of detainees; exclusion of excessive and inappropriate restrictions on individual rights. Secondly, the main idea is to reduce the negative impact of criminal procedural coercion on a person without threatening the effectiveness of criminal proceedings. Thirdly, the scheme of the legal nature of the prohibition of certain actions (from general to particular): legal prohibition – prohibition as an instrument of the mechanism of criminal procedure regulation – prohibition in criminal law (substantive and procedural) – prohibition of certain actions. Fourth, prohibitions (Article 105.1 of the Code of Criminal Procedure of the Russian Federation), depending on their nature, are classified into spatial, communicative and licensing-permissive. Fifthly, the prohibition of certain actions is a method of criminal procedural regulation that performs the deterrent and binding functions of suppressing influence on a suspect (accused) in the interests of criminal justice, which is a legally established minimum possible restriction on freedom of movement (stay), the implementation of licensing and licensing activities and (or) communication of an individual without isolation from society.

ПРАВО ВІДПОВІДАЧА НА ПЕРЕГЛЯДАННЯ ЗАОЧНОГО РІШЕННЯ: ЛЕГАЛІЗАЦІЯ ПРОЦЕСУАЛЬНОЇ ДИВЕРСІЇ ЗІ СТОРОНИ ВІДПОВІДАЧА ЧИ РЕАЛІЗАЦІЯ ПРАВА БУТИ ВИСЛУХАНИМ

Background. The article addresses the doctrinal study of the defendant's right to review the decision in absentia through the prism of the time limit of the legal construction of the implementation of the said right. Results. The legal consequences of the defendant's submission of an application for review of a decision in absentia in violation of the term established by the Civil Procedure Code of Ukraine are highlighted, and in the absence of legal grounds for renewing the specified term, the discretionary powers of the court to review a decision in absentia in civil proceedings are modeled. Emphasis is placed on the active application in judicial practice until November 9, 2021 of a single, scientifically substantiated and justified in practical aspect approach in solving the issue of the defendant missing the deadline for submitting an application for review of the decision in absentia and in the absence of grounds for its renewal. Taking into account the conducted detailed and thorough study of the motivational part of the resolution of the Grand Chamber of the Supreme Court dated by November 9, 2021, the main circumstances that became the basis for the formation of the panel of judges of the Grand Chamber with regard to the legal consequences and, accordingly, actions of the court in the event of submitting an application for review of the decision in absentia are highlighted with a missed deadline and in the absence of grounds for its renewal. Relying on the legal position formed by the Grand Chamber of the Supreme Court in case No. 214/5505/16 on November 9, 2021, according to which the court leaves an application for review of a decision in absentia submitted outside the time limit established by law and in the absence of grounds for its renewal, without satisfaction, a legal assessment was made of the legal nature of the deadline for submitting the specified application and, taking into account the provisions of Article 120 of the Civil Procedure Code of Ukraine, it was classified as procedural deadlines. Examining the requirements for the application for the review of a decision in absentia legally established in the Civil Procedure Code of Ukraine, the criteria of a "properly executed" application for the review of a decision in absentia, which, pursuant to Article 286 of the Civil Procedure Code of Ukraine, is subject to acceptance by the court for review on its merits, have been formulated. Conclusions. In view of the legal nature of the institution of absentee hearing, which is a kind of procedural sanction for the defendant and, accordingly, provides for the defendant certain limitations in the procedure of appealing such a decision, in particular in terms of the legislative establishment of the deadline for submitting an application for review of the absentee decision, expressed the opinion that the failure to consider the application for review of the decision in absentia on the grounds of missing the statutory deadline for submission cannot be qualified as a violation of the defendant's rights and deprivation of his right to appeal the decision in general. It is emphasized that it is impossible to pass a resolution on leaving the application for the review of the decision in absentia without satisfaction on the grounds of missing the deadline set by the law and in the absence of grounds for its renewal, since this would contradict both the provisions of Article 126 of the Civil Procedure Code of Ukraine and the grounds for issuing a court decision based on the results of consideration of the application for review of the decision in absentia on the merits.

Судейский корпус в России: выбор профессии, карьерные возможности и ограничения

The article analyzes results of a study of the judiciary conducted in 2021–2022 in the Novosibirsk region, materials are summarized on the sociodemographic and professional characteristics of the judiciary, their infl uence on the motivation for choosing a profession and career advancement of judges. The interdisciplinary nature of the research led to the use of sociological (questionnaires and in-depth interviews) and legal methods of research (historicallegal, formal-legal, comparative-legal). As a result of the study, the author highlights the deepening of the processes of feminization and rejuvenation, which were recorded earlier. The overwhelming majority of judges are young women aged 30–45 years. The demographic composition of the judiciary is determined by the sources of its formation, the professional experience of most judges is limited to work in the court apparatus, in which graduates of law faculties of universities are employed, and after obtaining the necessary skills and experience in the court apparatus, they become judges. The main reasons for the apparatusbureaucratic way of forming the judiciary were the content of the work and the requirements for the professional qualities of a judge – the ability to consider a large volume of cases in the shortest possible time, correctly fi ll out documents and control procedural deadlines. The sources of replenishment of the judiciary determine the motivation for choosing a profession and career expectations for judges. For young women coming from the court staff, the main factors in choosing a profession were the desire for professional and social self-realization, combined with material rewards and social guarantees. When choosing a professional trajectory, most judges attributed the acquisition of power and high social status to insignifi cant factors. In such a situation, low or indefi nite career aspirations of a signifi cant part of judges are natural. At the same time, the unexpressed ambitions of the majority of the judiciary coincide with the capabilities of the judiciary itself, judges are a profession with low vertical mobility, only a small part has a real chance to get promoted and become the head of a district court or become a judge of a regional court.

The issue of compliance with the provisions of article 284, part 1, paragraph 10 of the Criminal Procedure Code (or why it is important to distinguish between the rules for calculating procedural deadlines and the rules for the entry into force of the provisions of normative legal acts), the impossibility of retroactive effect, and aspects of its application in the

Purpose. The purpose of the research is to provide answers to the questions regarding the date of entry into force of the provisions of Article 284, Part 1, Paragraph 10 of the Criminal Procedure Code of Ukraine and the probability of retroactive effect of this Paragraph, based on the distinction between the rules for calculating procedural terms and the rules for the entry into force of the provisions of normative legal acts. Among the procedural prerequisites of the problem, the situation in which it is possible to raise the question of whether the prosecution has submitted an indictment to the court outside the period of the pre-trial investigation defined by Article 219 of the Criminal Procedure Code of Ukraine, the affirmative answer to which will be the basis for making a procedural decision to close the criminal proceedings in accordance with Paragraph 10 of Part 1 of Article 284 of the Criminal Procedure Code of Ukraine. In the opposite case, when the answer is generally negative, since, for example, the disclosure of materials to the other party resulted in the prosecution submission of the indictment to the court within the pre-trial investigation period, the procedural ground for applying the specified procedural ground for closing the criminal proceedings in accordance with the aforementioned Paragraph 10 of Part 1 of Article 284 of the Criminal Procedure Code of Ukraine will disappear. Methodology. The authors used the analysis and synthesis of current and expired provisions of legal acts with the relevant arguments of such discourse; scientific approaches and conclusions on the application of legal norms and on the understanding and interpretation of certain concepts; induction and deduction in formulating the authors’ own conclusions. The systemic-structural and functional methods were used in the course of the scientific research. Results. It is grounded that substitution of concepts should not be allowed, in particular, instead of referring to the general conditions and existing rules for the entry into force of the provisions of law, the elements regulated by the Criminal Procedure Code of Ukraine or, in general, the algorithms for calculating procedural deadlines should be applied. It is proved that the title of Article 290 of the Criminal Procedure Code of Ukraine and its content relate to "disclosure of materials to the other party", and not only to disclosure of pre-trial investigation materials. This belief leads to the conclusion that the period for the prosecution to familiarize itself with the materials disclosed to it by the defense should be excluded from the pre-trial investigation period provided for in Article 219 of the Criminal Procedure Code of Ukraine. Scientific novelty and practical significance. The judicial practice regarding the declared issues can be divided into two opposing "currents", as can the scientific research of young scholars and well-known proceduralists. It was believed that the next decision of the joint chamber of the Criminal Court of Cassation of the Supreme Court would contain comprehensive conclusions on the above-mentioned range of issues. But unfortunately... An attempt has been made to present some of the authors’ thoughts on scientific and procedural arguments which are somewhat different from those contained in the decision of the Cassation Criminal Court of the Supreme Court dated September 11, 2023.

Formation of modern regional judiciary in Russia: a case study of courts of general jurisdiction of Novosibirsk Oblast

This study outlines results of the study on regional judiciary conducted in the Novosibirsk Oblast and summarizes analysis on its socio-demographic and professional composition and sources of formation. The study is interdisciplinary in nature; sociological (questionnaires and in-depth interviews) and legal research methods (historical and legal, formal legal, comparative legal) have been applied, 192 judges of courts of general jurisdiction of the Novosibirsk Oblast have been interviewed during the research. The analysis of the outcome of the study shows that a modern regional judge is a young woman who received a full-time legal education at a classical university and has a predominant professional experience in court. The study acknowledges further rejuvenation and feminization of the regional judiciary, due to specifics of personnel policy. The dominant source of replenishment of the regional corps of judges is the court apparatus; this method is most significant for the formation of justices of the peace (JPs) and judges of district courts. The main reasons for the predominance of representatives from the court apparatus in the judiciary corps are the scope of work and requirements for the professional qualities of a judge, among which adaptability to high workloads, significant amount of paperwork, control over procedural deadlines, and effective compliance with the key indicators of the judge’s work form the core. We believe that the trend to form the judiciary mainly through internal sources may negatively affect the authority and status of the judicial profession.

The Importance of the Institution of Time Limits in Russian Civil Proceedings: Evolution of Legal Approaches

The paper examines theoretical views concerning the role and functions of procedural terms in different periods of the development of domestic civil procedural law. The author elucidates pre-revolutionary, Soviet and modern Russian legislation and doctrine in the field of procedural time limits. By analyzing the academic approach to the problem of the balance between the duration of the trial and the principle of the truthfulness of the court decision, the author demonstrates a change in approaches to understanding the socio-legal role of the institution of time limits (procedural deadlines). The author comes to the conclusion that, under the pre-revolutionary doctrine, procedural time limits were treated as a fundamental institution, through which not only the acceleration of the process is ensured, but also legal certainty in substantive and procedural relations. The Soviet doctrine reduced the role of procedural time limits to a means of enforcing the time-frame of proceedings, their ordering and ensuring procedural discipline. The modern doctrine witnesses a revival and deepening of the classical approach to understanding the importance of this institution as a factor in ensuring legal certainty, stability of civil turnover and implementation of the rule of law principle. A correct definition of the significance of procedural time limits is critically necessary due to the fact that the legislator, when setting deadlines for a certain duration of the proceedings, should be guided by their purpose in the mechanism of legal regulation.

A FAZENDA PÚBLICA EM JUÍZO: UM ADEUS AOS PRAZOS EM DOBRO?

This article aims to analyze the double procedural deadlines granted to the Public Treasury and demonstrate why this prerogative is currently inadequate. Therefore, this work used bibliographic and qualitative research on the doctrine, legislation and jurisprudence related to the subject, as well as quantitative research on statistical data from the National Council of Justice. Currently, given the computerization of institutions and the ease with which personal data can be found, the reasons why procedural deadlines were doubled have disappeared. In addition, there is a great concern with the balance of the civil procedure, making a more accentuated analysis of this scenario of disparities essential.

THE PASSAGE OF TIME AND GUARANTEES OF COMPLIANCE WITH PROCEDURAL STANDARDS IN THE GENERAL ADMINISTRATIVE PROCEDURE

The issue of the passage of time and its impact on an administrative act is extremely important for administrative law. This issue is related to the durability of an administrative decision, which a public administration defines the rights and obligations of individual entities in specific cases. In the doctrine of administrative law, the concept of correct decision is adopted as a decision that meets all the conditions required by law, including that it was issued in compliance with procedural standards. Compliance with the rules of procedural law is guaranteed by the institution of reopening administrative proceedings, the structure of which is based on procedural and substantive deadlines. Procedural deadlines, which determine the possibility of initiating the proceedings itself, and substantive deadlines, which condition the elimination from the legal market of a final decision issued in violation of procedural law norms. The article presents the problems of the indicated terms and problems related to them.

Application of the rule of law principle in administrative proceedings during martial law

The article is devoted to the procedural features of the implementation of the principle of the rule of law in administrative proceedings after the introduction of martial law. More than 80% of administrative lawsuits brought to regional courts during martial law are social disputes. During the period of martial law, the strict application of procedural terms by the courts regarding the application to the court with claims, appeals and cassation complaints - may have signs of unjustified restriction of access to the court. Procedural deadlines, violated for valid reasons, are also subject to renewal. Such reasons can be: air strike, lack of electricity supply, impossibility of using transport, communication, missile or other armed damage to the territory where the party to the case, its representative, subject of authority, occupation of the territory is located. The administrative courts ensure the implementation of the principle of the rule of law during the protection of the rights, freedoms and interests of a person in the sphere of public-legal relations. In order to increase the effectiveness of administrative proceedings under martial law and the proper protection of the rights, freedoms and interests of individuals, a number of issues require legislative improvement and finalization. Among them are issues of ensuring access to justice, calculation and extension of terms; the possibility of stopping the proceedings in the case due to martial law; improving the issue of summonses, notices, delivery of decisions to the parties in the case. After the introduction of martial law, no changes were made to the procedural legislation regarding terms. Each public legal dispute, each claim must be considered taking into account the circumstances of the case and the circumstances in which the participants of the court process found themselves. The application of the norm with the most favorable interpretation for the person in a public legal dispute can be justified by the provisions of Art. 129 of the Constitution of Ukraine, because a judge, while administering justice, is independent and governed by the rule of law. Key words: the rule of law, martial law, regional court, access to justice, procedural terms, court practice.

Challenges to Territorial Jurisdiction Determination in Smuggling Cases

The paper examines the issue of determining the limits of the courts’ jurisdiction in the course of consideration of criminal cases related to smuggling, and the presence of procedural factors influencing the determination of territorial jurisdiction established by articles 32, 35 of the Code of Criminal Procedure of the Russian Federation. The paper considers the practice of the Trans-Baikal Territory courts, reveals the need for legislative resolution of controversial issues to determine the jurisdiction of cases of smuggling. The author makes proposals and gives judgments on the need for additional clarifications by the Supreme Court of the Russian Federation on the rules for applying Art. 32 and 35 of the Code of Criminal Procedure of the Russian Federation. It is criminal cases related to smuggling that cause a certain difficulty in establishing territorial jurisdiction. It is due to the totality of the conditions established by these criminal procedural norms, given the various territorial places for crimes committed, establishing the completion of criminal acts by their severity. Difficulties in the correct definition of such circumstances affect the «wandering» of criminal cases of this category between the courts, along with the exercise of their rights by the participants in the process to appeal against the actions of the courts in connection with the resolution of disputed subjects to determine the proper jurisdiction. The presence of contentious issues in determining jurisdiction to one degree or another may affect the delay in the reasonable timeframes provided for in Article 6.1 of the Code of Criminal Procedure of the Russian Federation when considering criminal cases even before the start of their trial by the court on the merits. In some cases, the impact on the expiration of the procedural deadlines for bringing the perpetrators is not ruled out to criminal liability and terms of detention of smugglers. The foregoing also applies to the issues of criminal law improvement in the field of combating smuggling.

Zakres konstytucyjnej regulacji procedury budżetowej w Polsce na tle państw Unii Europejskiej

Based on the provisions of the constitutional rank of the basic laws of the European Union countries, with the help of a comparative and partly legal-dogmatic method, the article presents the scope and depth of the Polish regulation against the EU background, showing that it can be regarded as extensive, primarily due to the introduction of a special legislative mode taking into account the participation of both chambers of parliament and the head of state, which, as can be seen, is not the rule. Also the remaining discussed regulations, which define in detail the entities participating in the elaboration of the state budget, procedural deadlines and principles related to the budgetary balance, are not the norm in the constitutional matter, usually more laconic in this respect, of the European Union countries.

Electronic justice as a way to increase the efficiency of judicial proceedings

The article examines the issues of e-justice as a way to increase the efficiency of litigation. The development of the legislation regulating e-justice is analyzed.
 It is emphasized that the essence and importance of the use of information technology is due to the transformation of their role in the development of the rule of law, civil society and in the protection of the rights and interests of individuals and legal entities. The processes of obtaining, acquainting and transmitting legal information play a key role in the implementation and realization of their tasks in any branch of law, in the field of proper informational impact on public relations.
 Based on the analysis of the use of the automated system in the judicial sphere, it is determined that there is a positive dynamics of efficiency of effective court proceedings, as well as the receipt of current information on the status of court proceedings.
 It is emphasized that an important factor in improving the efficiency, openness and transparency of justice is the use of information technology in the judiciary, which simplifies court procedures, shortens the time of court proceedings, procedural deadlines and court costs.
 It is noted that e-justice is a new independent, unique form of litigation based on information technology, which provides a full cycle of litigation in electronic format.
 Positive and negative features of e-justice implementation are identified.
 It is concluded that e-justice in economic litigation consists of many elements that must ensure the judicial process in accordance with established European standards and relevant rules of procedural law. A quality e-justice system will have a positive impact on the transformation of Ukrainian society, especially the interaction of state and judicial bodies, local governments with citizens, legal entities and public organizations.

Procedural Features of Consideration of Cases on Challenging Decisions, Actions (Inaction) of Draft Boards and Bodies of the Military Commissariat

The allocation of cases on challenging decisions, actions (inaction) of draft boards and military commissariat bodies from the total mass of administrative cases arising from public legal relations and considered in accordance with Chapter 22 of the Code of Administrative Procedure of the Russian Federation is due to the specifics of the rights and obligations of citizens in connection with the implementation of measures for military service on conscription, legal consequences associated with non-military service on conscription, in particular, with restrictions on the passage of state civil service, filling positions in law enforcement agencies, working in the judicial system, as well as in connection with the peculiarities of regulatory legal regulation in the field of legal relations under consideration. Such specifics of the regulatory framework, subject composition, time limits, nature and content of this category of administrative cases entail procedural features of their consideration, which courts should take into account in their practical activities. The purpose of this article is to offer practical recommendations to the courts on the consideration of cases on challenging decisions, actions (inaction) of draft boards and bodies of the military commissariat. The achievement of this research goal led to the formulation and solution of the following tasks: to specify the subject composition, to identify the features of proof, the application of procedural deadlines, to determine the permissible measures of preliminary protection, to reveal the features of the content of the court decision in cases of challenging decisions, actions (inaction) of draft boards and military commissariat bodies. The methodological basis of the study was the dialectical method of scientific knowledge, analysis, comparison and generalization of the judicial administrative cases challenging the decisions, actions (inaction) of draft boards and bodies of the military Commissariat handled in the courts for the period 2017– 2020. The authors propose procedural and legal algorithms for resolving some issues related to the consideration of cases on the protection of citizens’ rights in the implementation of conscription measures.

О проблемах, возникающих при осуществлении производства по делам об административных правонарушениях в части потребления наркотических средств и психотропных веществ без назначения врача

The article is devoted to the problems of ensuring the attendance of the person in respect of whom the proceedings are underway in the case of an administrative offense, and the observance of certain procedural deadlines in the implementation of proceedings in cases of administrative offenses consisting in the illegal consumption of narcotic drugs and psychotropic substances. Based on the analysis of normative legal acts regulating this area of police activity, and the law enforcement practice of the internal affairs bodies, the author argues the conclusion about the need to amend the current legislation.

Classification of a Claim as the Way of Abuse

The article is dedicated to the visibility of the issue of classification of a claim as the way of abuse, in particular, another result of court protection in case of changing the cause of action when the complaints have the equal nature. The author agrees that the choice of classification of a claim must be the prerogative of the injured, but based on specific examples from different spheres (corporate law, insolvency law, contract law, tort law, unjust enrichment) demonstrates the possibility of taking advantage because of such choice. It is proved that different result of court protection can’t be achieved by manipulation of classification of a claim, that allows current regulatory environment. It is emphasized that the final step to prevent such abusive behavior (when the choice of classifications gives the opportunity to prolong procedural deadlines, lowering of evidentiary standards, simplification for producing a desired) must be court, with the authority to change the classification that is offered by the party of a dispute.

Procedural features of sending a request for legal assistance in the interaction of the preliminary investigation bodies of Russia and the CIS countries in criminal cases

The subject of this study is the legal norms contained in the Constitution of the Russian Federation, national normative legal acts, organizational and administrative documents (orders, orders) of heads of law enforcement agencies, international treaties aimed at regulating public and legal relations on the issues of sending requests for legal assistance in the field of interaction between the preliminary investigation bodies of Russia and CIS countries when criminal proceedings. The purpose of the study is to conduct an analysis of judicial and investigative practice in order to identify the most typical errors that usually cause refusal to execute a request in order to eliminate problems and eliminate legal gaps in the legislative regulation of the mechanism for sending and executing requests for legal assistance in criminal cases. The dialectical method of scientific cognition was used, as well as comparative – legal, logical – analytical, systemic, as well as formal – legal research methods. The article examines the issues related to sending a request as one of the forms of interaction between the preliminary investigation bodies of Russia and the law enforcement agencies of the CIS countries. The legal regulation is analyzed and the specifics of the request direction are considered. The novelty of the article lies in the identification of problematic aspects of cooperation and the conflict of criminal procedure legislation and international agreements, which usually cause refusal to execute the request, including one of the most difficult problems in this area – compliance with procedural deadlines for the execution of the request. The proposals contributing to the resolution of existing problems are formulated. In particular, the author comes to the conclusion that it is necessary to supplement the provisions of normative acts regulating the mechanism of sending a request for legal assistance so that the investigator can necessarily indicate in the content of the request the terms of its execution, taking into account significant factors.

Неопределенные сроки в административном процессе: проблемы реализации

The author of the article analyzes procedural deadlines established within the framework of proceedings on administrative offenses that do not have definite time intervals but that oblige the law enforcement officer to perform procedural actions in accordance with established time. Practically, this often leads to the rising of insoluble contradictions that are conditioned by indefinite time intervals. That, in turn, provides the law enforcement officer with the opportunity to interpret them depending on circumstances and at his or her discretion. In the meantime, the party that is subject to a case of administration offences does not have any opportunity to dispute the infringement of the deadlines committed by the law enforcement officer. The author of the article examines modern scientific discussions dedicated to establishing of the terms of the mentioned above administrative and legal deadlines, for instance, there should be “short” term deadlines, “effective immediately” deadlines and “without delay” ones. The author researches various approaches to optimizing administrative and procedural legislation in terms of making the deadlines more precise. The author observes that the issue of implementation of procedural deadlines has not been applied in practice nowadays. It leads to violation of citizen’s rights in the proceeding of cases of administrative offences as well as to distortion of the principle of legality in administrative procedural law. When the terms of cases are uncertain it provides the law enforcement officer to apply them at his or her discretion. Such actions affect the effectiveness of law enforcement activities.

DIGITALIZATION OF LEGAL PROCEEDINGS AS A WAY TO ENSURE ACCESS TO JUSTICE

Introduction: rapid spread of the coronavirus infection caused restrictions that have affected all areas of social relations. Russian legal proceedings have also changed significantly. The new context revealed problems in ensuring the work of the courts and administration of justice. The purpose of the article is to analyze the problems of the justice system during the pandemic, in particular, the inability to exercise the right to protection, lack of access to justice, violation of procedural deadlines, technical unpreparedness of courts for the implementation and use of information technologies in justice. Methods: general scientific methods (analysis and synthesis, induction and deduction, comparison and classification, abstraction and axiomatic method); statistical methods; special legal methods such as content analysis of legal acts and interpretation of laws. Results: we have analyzed legislation and compared Russian experience with the level of digitalization of judicial systems in foreign countries. The study indicates a low level of digital transformation of Russian legal proceedings and poor quality of the changes that have taken place. The realization of the right to judicial protection appears to be the most urgent problem. Conclusions: the pandemic showed unreadiness of the Russian judicial system for the rapid implementation of information technologies. However, it seems likely that in the short term, due to the information technology development, it will become possible in some cases to abandon the practice of face-to-face hearings on a wide range of cases.