Review Court Decisions Research Articles

PROBLEMS OF JUDICIAL ACTS REVIEW IN THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

The work is devoted to studying the problems of reviewing court decisions of lower courts by the Supreme Court of the Republic of Kazakhstan. This article examines the control of higher courts over lower courts' activities in the system to ensure the rule of law in case consideration and decision-making. The procedure of reviewing judicial decisions by a higher court that have become effective and those that are not effective in the order of cassation and supervisory review, as well as representations of the President of the Supreme Court, and protests of the Prosecutor General of Kazakhstan, are investigated. Problems of citizens' implementation of their constitutional rights to judicial protection and appeals against court decisions are highlighted. The grounds for reviewing judicial acts that have entered into force, the range of subjects entitled to apply for review, criteria for the admissibility of appealing judicial acts as well as procedure for preliminary consideration of complaints and protest by a judge alone is shown. The analysis of these issues allows us to conclude that the current grounds and procedure for reviewing judicial decisions of the appeal and cassation courts based on the submissions of the Chairman of the Supreme Court and the Attorney General of the Republic of Kazakhstan firstly hinder the realization of citizens' constitutional right to judicial protection, including the right to appeal against judicial decisions, and secondly prevent the formation of consistency in judicial practice. The lack of guidance to lower courts on reviewing judicial decisions by way of cassation and supervision has once again convinced courts of their inability to achieve consistency in the interpretation and application of law, as well as failure to contribute effectively to citizens' exercise of the right to justice. The paper provides a critical analysis of judges, lawyers, and legal experts on the current process for the Supreme Court of the Republic of Kazakhstan to review appeals and cassation court decisions. At the end of the paper, the author draws conclusions and makes suggestions regarding the enhancement of the constitutional right to judicial protection and uniformity in court practice.

Criminal Appellate Proceedings through the Prism of a Social Project: Synergy of the Society’s Request and Legislative Regulation

Public relations, developing in the process of judicial decisions reviewing in criminal cases on appeal, arise on the basis of criminal procedure law rules with great socio-projective potential, which means activities aimed to create specific images of the future and certain details of programs and plans being developed that often result in a new or modernized social object with an original mechanism and unique means of regulation of public relations. The institution of criminal appellate proceedings has been formed in the process of a long evolution, during which many options for reviewing court decisions were tested and rejected. It also acts as an object of social design, which will help ensure the effectiveness of law enforcement and implementation of the objective of criminal proceedings, enshrined in Article 6 of the Code of Criminal Procedure of the Russian Federation. As the result of designing appeal proceedings in criminal cases, a set of scientifically grounded functional proposals can be developed. They can have a positive impact on the review in the court of appeal, since the latter should be able to satisfy the social interest (need) of interested parties, meaning not the satisfaction of the appeal, but the administration of justice in the full sense of the word.

The Act of Nusyuz By A Wife As An Abortion of The Right To Maintain Mut'ah After Divorce

The aim of this research is to understand nusyuz as a reason for divorce in statutory regulations and the judge's considerations in deciding cases of granting mut'ah maintenance to a wife who is suspected of being nusyuz. This research method uses a normative method of analyzing or reviewing court decisions. The subject of the study is law which is conceptualized in a norm or rule that applies in society. Therefore, Normative legal research is focused on the analysis of positive law, principles, doctrine, legal discoveries, legal systematics, comparative or legal history. The results in the Marriage Law and in the Compilation of Islamic Law (KHI) do not specifically emphasize the condition of a wife's nusyuz as a justified reason for divorce, but implicitly this has been represented by 2 (two) other reasons, namely actions that are difficult to change. and constant disputes or quarrels. In this case, nusyuz's attitude certainly needs to receive attention and reprimand from those around him, especially from his partner himself. This is different if it turns out that the reprimand did not produce any results so it should be considered that the perpetrator of nusyuz has found it difficult to change for the better. In other words, such circumstances or conditions should give rise to a dispute between a husband and wife, where the dispute continues to occur over time, it will increasingly erode harmony in the household and be replaced by anger, violence or other harmful things so that it is legally justified to do a divorce.

The Impact Of Law Number 16 Of 2019 Marriage Dispensation And Child Marriage Gap

Child marriage in Indonesia is quite high. Child marriage is a form of violence against children and is a practice that violates children's basic rights as outlined in the Convention on the Rights of the Child (CRC). Child marriage limits access to essential services, including education and health services, and can have long-term negative impacts on children's well-being and life chances. The legal age limit for marriage in Indonesia is a minimum of 19 years. However, one of the policies in the Marriage Law is a loophole that supports the legality of child marriages, through the granting of dispensations by the Court. The number of requests for marriage dispensation at the Ambarawa Religious Court continues to increase. This data is a reference for the author in studying the impact of the enactment of Law Number 16 of 2019, an amendment to Law Number 1 of 1974 concerning Marriage, on children. This research uses normative juridical methodology, namely reviewing court decisions. As a finding, one of the impacts of the enactment of Law Number 16 of 2019 which amends Law Number 1 of 1974 concerning Marriage is the increase in the number of requests for marriage dispensation at the Ambarawa District Court, Semarang Regency. This increase reached 337%, with the average number of applications per month increasing from 7.44 to 25.07. Changes in the marriage age as stated in Article 7 regarding the minimum marriage age of 19 years are not effective in reducing the number of child marriages. So it is necessary to optimize the implementation of Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Granting Marriage Dispensations to ensure that judges have clear procedures and structured steps in adjudicating marriage dispensation cases.

Judicial practice of imposing punishments for damage to the health or life of a person inflicted in a state of strong mental excitement

The article is dedicated to the study of the judicial practice of imposing punishments for damage to the health or life of a person inflicted in a state of strong mental excitement. In particular, an analysis of judicial statistics was carried out regarding the number of persons convicted of the crimes provided for in Articles 116 and 123 of the Criminal Code, and the types and size of punishments imposed for committing specified crimes were investigated. In particular, it was established that courts, when imposing punishments for damage to the health or life of a person inflicted in a state of strong mental excitement, as a rule, apply a punishment that is not associated with restriction or deprivation of liberty, which should be considered a positive trend, since the imposition of a punishment with release from serving it also contributes to its purpose as defined by Article 50 of the Criminal Code of Ukraine, i.e., correction of the convicted person and prevention of him committing new criminal offenses. Attention is focused on the motivational part of guilty verdicts, in particular regarding consideration by the courts when imposing punishments of the degree of gravity of the committed crime, the guilty party and the mitigating and aggravating circumstances. Judicial practice of the Supreme Court was reviewed in terms of reviewing court decisions in cases of crimes committed in a state of strong mental excitement. The emphasis was made on the fact that the imposition of punishment belongs to the sphere of judicial discretion and depends both on the circumstances of the criminal proceedings and on the identity of the culprit and his legal position in the case. The opinion is expressed that when imposing a punishment for damage to the health or life of a person inflicted in a state of strong mental excitement, a balanced approach should be taken to the imposition of a punishment in the form of imprisonment, both with its actual serving, and with the subsequent release from serving it with probation, especially in cases when the sanction of the law under which the person is found guilty, along with deprivation of liberty for a certain period, provides for milder types of punishment, such as: restriction of liberty, community service or correctional labor. It is also stated that the criminal offenses provided for in Articles 116 and 123 of the Criminal Code are crimes with privileged components, according to Article 12 of the Criminal Code – they are mild, they are always associated with the wrongful actions of the victim, which have a significant impact on the emotional state of the offender and lead to him committing a crime. Conclusions were made that ensuring the unity of judicial practice in matters of imposing punishment for damage to the health or life of a person inflicted in a state of strong mental excitement is one of the main tasks of law enforcement activity, and the uncertainty of legislative rules and their ambiguous interpretation by courts complicates the unification of punishment for identical criminal offenses committed. Key words: judicial discretion, law enforcement activity, a state of strong mental excitement, judicial practice, conclusions of the Supreme Court, verdict, ruling, punishment, imposition of punishment, deprivation of liberty, exemption from serving a sentence with probation, mitigating and aggravating circumstances, identity of culprit, criminal offenses, statistical data.

“In These Times of Compassion when Conformity’s in Fashion”: How Therapeutic Jurisprudence Can Root Out Bias, Limit Polarization, and Support Vulnerable Persons in the Legal Process

This Article considers the extent to which caselaw has—either explicitly or implicitly—incorporated the precepts of therapeutic jurisprudence (“TJ”), a school of legal thought that focuses on the law’s influence on emotional life and psychological well-being, and that asks us to assess the actual impact of the law on people’s lives. Two of the core tenets of TJ in practice are commitments to dignity and to compassion. I conclude ultimately that with these principles as touchstones, TJ can be an effective tool—perhaps the most effective tool—in rooting out bias, limiting polarization, and supporting vulnerable persons in the legal process. But this cannot and will not happen until more judges and practicing attorneys understand the potentially reformative (and transformative) role of TJ. My review of some relevant caselaw (both domestic and international)—a review that, to the best of my knowledge, has never previously been undertaken—suggests that an incorporation of TJ principles is by no means a sure thing.
 First, I briefly consider the creation and dynamic growth of therapeutic jurisprudence over the past 30 years, looking specifically at the interplay between TJ and values of dignity and compassion. Then, I assess the role of TJ in dealing with issues most central to this Article: bias, polarization, and vulnerability. I next review court decisions—both domestic and from other nations—in which TJ is explicitly mentioned (and in some cases, relied upon). Following this, I look at some other relevant caselaw in which (1) TJ implicitly helped bring about a solution that minimized bias or polarization, or offered support to vulnerable persons or classes; (2) the failure to employ TJ led to decisions that reinforced bias and ignored the needs of those who are vulnerable; or (3) a determination of one’s perspective is needed to determine if one sees the case as “pro-TJ” or “anti-TJ.” I then, in conclusion, offer some modest suggestions as to how TJ can best be employed to ensure decisions that are, optimally, bias free via approaches that improve therapeutic functioning and do not sacrifice civil liberties.

ЗНАЧЕННЯ ЗАСОБІВ МАСОВОЇ ІНФОРМАЦІЇ У ЗАБЕЗПЕЧЕННІ РЕАЛІЗАЦІЇ ПРАВА НА СПРАВЕДЛИВИЙ СУД НА СТАДІЇ ПЕРЕГЛЯДУ СУДОВИХ РІШЕНЬ

The article examines the role of the mass media in ensuring the realization of the right to a fair trial at the stage of review of court decisions in cases of the protection of the rights of consumers of tourist services. The author analyzed the legislative acts that regulate the procedure for review of court decisions, and determined that the mass media can be an effective tool for influencing the work of the court and ensuring the openness and transparency of the process of review of court decisions. The author analyzed the legislation and practice of court decisions in cases of the protection of the rights of consumers of tourist services and found that information posted in the mass media can ensure transparency and objectivity in the consideration of cases and contribute to the realization of the right to a fair trial. Mass media can inform the public about court decisions and the process of their adoption. This helps ensure public openness and transparency in the work of the court, as well as ensuring access to information about cases for all interested parties, including journalists and public activists. In addition, the mass media can reflect different points of view on the subject of judicial decisions and the process of their adoption, which helps to increase the level of validity and trust in the judicial system. On the other hand, mass media can influence public opinion and public opinion about court decisions and the fairness of the process of their adoption. Incorrect or incomplete display of court decisions can lead to the spread of false information and distortion of the real state of affairs. This can influence the behavior and decisions of citizens, which, in turn, can cause a risk of violation of people’s rights and freedoms. The results of the study can be useful for improving the legislation on the protection of the rights of consumers of tourist services and the development of the media environment, which ensures the transparency and objectivity of the process of reviewing court decisions.

Expanding the jurisdiction of the jury: problems of stability of legislation and legal technology

The jury has established itself as a fair trial. Such justice is explained by the legal status of the jury trial, because in essence it is a kind of intermediate position between the government and the people. The independence of jurors is the main difference between a jury trial and a professional court. Therefore, a jury trial is necessary in a democratic society. There is a jury trial in Kazakhstan, but it is not in demand. The statistics provided on the consideration of cases by courts with the participation of jurors shows a significant reduction in such cases. There is a need to expand the category of cases considered by jury courts. In the Address to the People of Kazakhstan «New Kazakhstan: the path of renewal and modernization» on March 16, 2022, the President of the Republic of Kazakhstan spoke about the expediency of expanding the category of cases involving a jury trial. In order to increase the category of cases considered by courts with the participation of jurors, it is necessary to solve several legal problems. The first problem is the problem of the stability of the criminal procedure legislation, through the improvement of the norms governing the institution of jury trial. Such an approach is necessary in order to comply with legal techniques, since the simplicity and accessibility of the presentation of norms will avoid legal conflicts and will have a positive impact on law enforcement practice. The author's position of the article-by-article determination of the jurisdiction of the cases of the jury is presented. The second legal problem is the duplication of norms, which is found in articles 52, 321, 631 of the Criminal Procedure Code of the Republic of Kazakhstan. The justification for excluding such duplication is presented, since it does not correspond to legal technique and clutters up the CPC of the Republic of Kazakhstan. The third problem is the review of court decisions with the participation of jurors. The current practice of reviewing court decisions generates citizens' distrust of justice. The author's vision of reviewing such decisions in the court of appeal in an expanded jury is presented.

Revision of Court Decisions in Civil Proceedings During the New Economic Policy Period

The institution of revision in civil procedure is designed to ensure the achievement of the legality and validity of court decisions. The purpose of the work is to study the historical experience of revising court decisions that have entered into legal force in civil proceedings during the period of the new economic policy. Comparative historical and formal legal research methods are used. As a result of the study, the following conclusions were made. In 1923, the course was in effect for the implementation of the principle of a single court, and only the Supreme Court of the RSFSR was vested with the power to review court decisions that had entered into legal force in civil proceedings. In 1930, a course towards decentralization appeared, and the lower courts were vested with the right to review. During the NEP period, the norms of the legislation on the revision of court decisions were repeatedly changed. Circulars of the People’s Commissariat of Justice of the RSFSR and clarifications of the Supreme Court of the RSFSR were of leading importance for law enforcement practice. Legislatively enshrined two forms of revision of court decisions that entered into legal force in civil proceedings: on newly discovered circumstances and in the order of prosecutor’s supervision. They differed in terms of limitation period, grounds and methods of initiating a revision. Distinctive features of the prosecutor’s protest were: no statute of limitations; grounds for protest – a material violation of laws and a real or potential violation of the interests of the state or workers when the court decision is upheld. The list of subjects for initiating the review was not limited to the parties and the prosecutor; this right was also granted to the Presidium of the All-Russian Central Executive Committee, the Presidium of the Supreme Court, and the Civil Cassation Board of the Supreme Court of the RSFSR, the People’s Commissar of Labor.

ПРОБЛЕМИ ЗАХИСТУ ПРАВ СУБ’ЄКТІВ ГОСПОДАРЮВАННЯ В ГОСПОДАРСЬКИХ СУДАХ УКРАЇНИ

Judicial protection of the rights of economic entities is important among other forms of protection. The protection of the rights of economic entities can be considered in two ways: as the protection of the right that is exercised and implemented and the protection of the right that is violated with the use of means to restore it. Classically, the protection of rights is considered as a fact of protection of the rights of the violated. The main legislative act in the field of management is the Commercial Code of Ukraine, which enshrines the fundamental guarantees and ways to protect the rights and interests of economic entities. The Commercial Procedure Code of Ukraine has established a mechanism for reviewing a claim, application or complaint with a request to restore the violated / disputed right. The right to judicial protection corresponds to the obligation of the state to create a system of justice that will undoubtedly resolve complex, diverse and numerous court disputes, without violating judicial competence, and will ensure qualified judicial proceedings. In order to optimize the process of consideration of commercial disputes on the protection of the rights and legitimate interests of business entities, the article examines the problems that arise during the protection of the rights and legitimate interests of economic entities in commercial courts of Ukraine. The role of commercial courts in protecting the rights and legitimate interests of these entities has been studied. It should be noted that the urgency of this problem has been acute since Ukraine's independence, as regular changes in current legislation on the judiciary provide more and more topics for controversy not only between scholars but also practitioners. Ukrainian legislation in the field of economic relations not only contains many inconsistencies and contradictions, but also has significant shortcomings. The main factor that violates the stability in the field of protection of economic relations is the adoption of legislative acts that conflict with the Constitution of Ukraine and laws that were adopted earlier. The protection of the rights of economic entities in commercial courts takes place only with the personal participation of entities that have been granted the appropriate legal personality. The possibility of reviewing court decisions in appellate instances is guaranteed by the Constitution of Ukraine.

The difference between newly discovered and new circumstances in the judicial review process

The purpose of the article is to compare new and newly discovered circumstances, which are taken into account by the court when reviewing judicial decisions. The subject of the study is newly discovered circumstances and new circumstances. Research methodology. The following methods are used in the course of the research: normative and dogmatic method, historical method, the method of analyses, logical method, legal and comparative method, method of summarization. Research results. The process of the establishment of the institution of review of court decisions is revealed. The concept of newly discovered circumstances and their place in the system of civil proceedings are considered. The view of the Supreme Court on the interpretation of newly discovered and new circumstances is analyzed. Comparative description of new and newly discovered circumstances is provided. Practical meaning. The differences between new and newly discovered circumstances in the process of reviewing court decisions are identified. Value / originality. The concept of new circumstances in civil proceedings is provided. It is stressed on the necessity for further study of new circumstances and the incorporation of such a list in existing legislation.

Application of Blockchain Technology in Civil Proceedings

The article examines the institutions of civil procedural law, in which, according to the author, it is possible and necessary to use distributed ledger technology (blockchain technology). The author argues that the technology is applicable not only for private legal purposes, but can signifi -cantly change a number of familiar rules of legal proceedings. In particular, the technology of distributed registers can change the procedural guarantees of the independence of state judges, more often involve active citizens in the administration of justice, change the system for reviewing court decisions, contribute to the unification of judicial practice, and reduce the judicial burden on judges. The author also sees the possible benefits of the technology for cases, the making of decisions on which in the future can be implemented using artificial intelligence and machine data analysis. Thus, subject to the correct use of blockchain technology, the state will be able to ensure the modification of those guarantees of justice that are currently considered poorly implemented or unreliable, including due to the development of digital technologies.

Some aspects of declaring legal acts unconstitutional

The relevance of the study is conditioned by a number of problems of declaring legal acts unconstitutional and the specifics of the consequences of such decisions to guarantee the rights of the individual. This requires a review of approaches to the temporal effect of the relevant decisions of the Constitutional Court, to guarantee the right to review court decisions adopted based on an act that has been declared unconstitutional. At the same time, it is necessary to put forward new proposals for legal regulation of the analysed area, optimal for the rule of law and ensuring the right to a fair trial. The purpose of the study is to clarify certain features and consequences of declaring legal acts unconstitutional to further ensure the rights of citizens and make proposals for amendments to the legislation. The methodological basis of the study is the dialectical and materialist method, general and special methods of legal science, in particular, system and structural, comparative law, logical and legal (dogmatic). The scientific originality lies in a comprehensive clarification of the features of the legal consequences of declaring legal acts unconstitutional and making proposals for regulatory settlement of identified problems in the conditions of Ukrainian law enforcement. According to the findings, the importance of guaranteeing the normative and practical connection between the content of the act and its impact on the damage to anyone, the proportionality of ways to compensate, and the range of legal relations in which such damage can be compensated

The prosecutor’s participation in criminal proceedings on revision of judicial decisions in the Russian Empire in the second half of the 19th century — the beginning of the 20th century

The article, based on the analysis of normative acts, statistical materials and practice of law application, examines the development of legal status and actual role of the Prosecutor in criminal proceedings when reviewing court decisions in the Russian Empire in the second half of the 19th century — the beginning of the 20th century. It is established that before the judicial reform of 1864, prosecutors were not completely independent in the implementation of their right to protest the court decisions. This activity was under the control of the provincial prosecutors and the Ministry of Justice. As a result of the judicial reform, the legal position of the Prosecutor’s office in the proceedings for the review of court decisions has changed significantly. Prosecutors obtained procedural independence to protest the sentences on appeal and cassation. Prosecutors had no right to withdraw the protests of their subordinates. At the legislative level, the Minister of Justice was removed from resolving issues of prosecutors’ protests, however, in practice, he interfered in this process, including for political reasons. The prosecutor’s office protested a relatively small number of sentences, but significantly more than in the pre-reform period. At the beginning of the twentieth century, the Prosecutor’s office’s activity in protesting court decisions significantly intensified. At the same time, the policy of the Ministry of Justice led to protests by prosecutors of many acquittals. The analysis of judicial practice showed that the Prosecutor’s office, performing a law-protecting function, protested court decisions not only in the interests of the prosecution, but also in the interests of the defendants. At the same time, more than half of all the Prosecutor’s office’s protests were satisfied, which indicates that they are quite effective.

Protection of human rights related to the violation of Art. 6 kf the Convention on the protection of human rights and fundamental freedoms (1950) in the aspect of reviewing court decisions in newly discovered or exceptional circumstances

Protection of human rights related to the violation of Art. 6 kf the Convention on the protection of human rights and fundamental freedoms (1950) in the aspect of reviewing court decisions in newly discovered or exceptional circumstances

Simplified claim proceedings: Legislative regulation of the Economic Procedure Code of Ukraine

In building a legal state, one of its key criteria is the creation of an honest, transparent, and effective judiciary. The essential need for radical changes in the judicial system and the reform of its individual institutions is a requirement of time. The main purpose of the judicial and legal reform in Ukraine should be to create legislative and organizational conditions for the establishment of an independent, effective, and responsible judiciary, which will be trusted by society. During the study, the method of analysis and synthesis was used for the methodological basis, thanks to which the main types of simplified procedures, their features, and legal nature were determined. Using the historical method, the emergence and development of simplified judicial procedures was investigated. Based on the dialectical method, the terms “simplified judicial procedures”, “writ proceedings” and “simplified claim proceedings” were formulated. The formal logical method was used to identify shortcomings in the legal regulation and procedural regulation of simplified judicial procedures under the new Economic Procedural Code of Ukraine. The theoretical and predictive method was used to develop and outline the main vectors for introducing changes to the legislation of Ukraine within the framework of consideration of cases in simplified proceedings. The qualifying features of simplified judicial procedures were formulated as follows: a special procedural form, voluntary application by stakeholders, special admission criteria, a special regime for applying evidence, and a special procedure for reviewing court decisions. Considering the legal nature of simplified judicial procedures, it was justified that the latter should include only writ and simplified claim proceedings. Therewith, writ proceedings are a special form of simplified judicial procedures in the economic process, which lies in persistent protection of undisputed rights, freedoms, and legitimate interests of a person, which occurs based on issuing a suitable court order. Simplified claim proceedings are a special form of simplified court procedures within the framework of economic proceedings, which lies in the rapid protection of the rights, freedoms, and legitimate interests of a person, based on the insignificance of 6 stated requirements, the availability of written documents, without holding full-fledged court sessions and with the issuance of a special court decision. It was proposed to add amendments to the corresponding economic procedural legislation of Ukraine regarding the regulation of the procedure for considering economic disputes in the simplified claim proceedings. Judicial legal reform in Ukraine is complex and involves amendments to the Constitution of Ukraine, legislation on the judicial system and status of judges, reform of related institutions (prosecutor’s office, bar, law enforcement agencies), as well as improvement of procedural legislation and legislation governing the procedure for executing court decisions. The article notes that legislative changes have been introduced to the Economic Procedural Code of Ukraine, new forms of economic proceedings have been initiated, one of the forms of economic proceedings is simplified claim proceedings, which are designed to consider minor cases, cases of minor complexity, and other cases for which a quick resolution of the case is a priority. Along with the simplified procedure and procedure for considering an economic case, the introduction of such a form of judicial dispute consideration also revealed certain shortcomings in its regulation. The materials of this paper are of practical value for further research in this area, considering the ability to substantially relieve economic courts and increase the efficiency of economic proceedings, while raising the level of trust in them.

Shannon Pratt's Valuing a Business - Preserving a Legacy

Shannon Pratt's <i>Valuing a Business</i> - Preserving a Legacy

О правовом значении Постановления Конституционного Суда Российской Федерации № 30-П для цивилистического процессуального института пересмотра по вновь открывшимся или новым обстоятельствам судебных постановлений

The article analyzes the problem of revising court decisions that have entered into legal force on new circumstances in cases of persons who were not participants in constitutional proceedings. An important legal position of the Constitutional Court of the Russian Federation, which it recently formulated in the Resolution of June 26, 2020 No. 30-P, is being studied. The significance of this resolution for the further improvement of the civil procedural institute of revision of judicial acts that have entered into legal force on the basis of newly discovered or new circumstances is evaluated. The purpose of this study is to address individual issues related to the creation of an effective procedural mechanism for reviewing court decisions that have acquired legal force in relation to the subjects of material legal relations who did not take part in the constitutional proceedings. It is stated that such a mechanism should, on the one hand, guarantee the inadmissibility of any form of post-appeal appeal, which is generally focused on correcting legal errors made at the time of the consideration of the case on the merits, and on the other hand, ensure the nullification of the legal force of a judicial act. A comprehensive and complex theoretical and practical study of the chosen topic was carried out using general scientific (logical (induction, deduction, analysis and synthesis), systemic and functional) and private law (historical legal, formal legal, comparative legal) methods.

“In These Times of Compassion When Conformity’s in Fashion”: How Therapeutic Jurisprudence Can Root out Bias, Limit Polarization and Support Vulnerable Persons in the Legal Process

In this paper, I consider the extent to which caselaw has – either explicitly or implicitly – incorporated the precepts of therapeutic jurisprudence (TJ), a school of legal thought that focuses on the law’s influence on emotional life and psychological well-being, and that asks us to assess the actual impact of the law on people’s lives. Two of the core tenets of TJ in practice are commitments to dignity and to compassion. I conclude ultimately that, with these principles as touchstones, TJ can be an effective tool – perhaps the most effective tool – in rooting out bias, limiting polarization, and supporting vulnerable persons in the legal process. But, this cannot and will not happen until more judges and practicing attorneys understand the potentially reformative (and transformative) role of TJ. My review of some relevant caselaw (both domestically and internationally) – a review that, to the best of my knowledge, has never previously been undertaken -- suggests that an incorporation of TJ principles is by no means a sure thing. This article will proceed in this manner: First, I will briefly consider the creation and dynamic growth of therapeutic jurisprudence over the past thirty years, looking specifically at the interplay between TJ and values of dignity and compassion. Then, I will assess the role of TJ in dealing with the questions most central to this paper: bias, polarization, and vulnerability. I next review court decisions – both domestic and from other nations -- in which TJ is explicitly mentioned (and in some cases, relied upon). Following this, I will look at some other relevant caselaw in which (1) TJ implicitly helped bring about a solution that minimized bias or polarization or offered support to vulnerable persons or classes, (2) the failure to employ TJ led to decisions that reinforced bias and ignored the needs of those who are vulnerable, or (3) a determination of one’s perspective is needed to determine if one sees the case as “pro-TJ” or “anti-TJ.” I then, in conclusion, offer some modest suggestions as to how TJ can best be employed to ensure decisions that are, optimally,-bias free via approaches that improve therapeutic functioning and do not sacrifice civil liberties.

Sex, Alcohol, and Soul: Violent Reactions to Coming Out after the “Gay Propaganda” Law in Russia

This article is focused on a particular set of social relations in Russia: sexuality and violence in the context of consumption of alcohol. We look at how violence erupts after revelation of queer sexuality of one of the participants of collective drinking. Discussions of homosexuality in Russia became especially heated after the adoption of the bill against the “propaganda of non‐traditional family values” in 2013. This law primarily marks information about homosexuality as inappropriate and dangerous to minors. We review court decisions on violence against gay men before and after the introduction of this law. The court cases we analyze are not cases of the “propaganda” law enforcement, but routine violent felonies. As we selected only those cases that involve alcohol consumption from a larger sample, we analyze the stories told in these court files focusing on interaction rituals during the practice of collective heavy drinking. We demonstrate how this ritual is centered around confirmation of masculinity, ceremonies of sharing, and exchange of respect. We also show that these ritualized practices are interrupted and confused by introduction of information about one of the participants' queer sexuality. This interruption evolves into violent reactions, including murder. Nevertheless, the ritual of drinking supports both a “conversation of souls” (sharing intimate secrets) and violent reactions to the information that challenges masculinity of the ritual's participants.