Russian Judicial System Research Articles

Alternative Methods of Dispute Resolution as a Measure to Reduce the Workload on Courts: A Comparative Legal Study (Part 2)

The paper considers alternative methods of dispute resolution as a measure to reduce the workload on the courts. At present, the need to reduce the workload on courts is quite acute in Russia. According to the members of the European Commission for the Efficiency of Justice (CEPEJ), a large workload on courts (and, accordingly, on judges) seriously affects the quality of justice and the timing of the consideration of cases. It should be noted that all judicial systems of the world without exception face this problem, but the statistics of the European Commission for the Efficiency of Justice (CEPEJ) shows that over the past few years the burden on courts and judges has significantly decreased in the EU countries.The authors summarize that foreign judicial practice has successfully tested working tools to reduce the burden on courts, which the Russian judicial system may well borrow. However, these tools require gradual development and elaboration given all Russian legal realities. A sharp transition to alternative dispute resolution may negatively affect the quality of dispute resolution in Russia. If the legislator restricts the ability of citizens to consider disputes in courts (for example, by increasing court fees), but at the same time alternative dispute resolution methods will remain at a low level of legal and social development (citizens’ distrust, weak legislative elaboration, etc.), then citizens will completely lose the platform for legal dispute resolution. It is quite possible that we will return to the criminal experience of the economy of the 1990s.

Historical evolution of the judicial system of Ancient Russia in the aspect of customary law

The formation of the Russian procedural legal system is closely connected with its unique historical evolution. Russian Russian culture According to the Norman theory of the origin of the Russian nation, the Scandinavian culture is the most important source of early Russian culture. During the chaotic period of the tribe at the stage of primitive society, the Norman Varian was invited to Russia to reconcile the tribes of Russia and manage them, and this brought the Germanic custom to regulate the socio-economic and legal relations of various tribes. Since the formation of the ancient state of Russia, the ruling class has constantly strengthened the drafting of new laws and regulations, but customary law still dominates the legal system of the state. At the same time, ordinary norms in the system of customary law as a quasi-legal norm between morality and law have become an integral organic component of social customs and norms at all stages of Russian social development.During the period of Ancient Russia, the common custom of the Slavic people and the Norman Customary Law had a profound impact on the social life of ancient Russia. From the beginning of the 9th to the 17th century, customary law existed as the main legal source for regulating social relations in the late period of the development of Russian primitive society and in the earlier time of feudal society. His coercive force was based on the conviction that was widespread in the social community during this period, that is, "existing customs denote a reasonable basis". With the formation of the East Slavic state, the rulers began to work on drafting new legal norms, but inheritance is still mainly based on customs based on the clan system. As a result, as a rule of conduct recognized and guaranteed by the state, traditional customs gradually acquired a legal nature, and after that, positive law was formed. "Russkaya Pravda" is the most representative legal collection in the early years of the Russian feudal society, "The Truth of Ross", which was compiled according to the customs of the Eastern Slavs, and is the very fi rst positive law of ancient Russia.Before the appearance of formal law, customary law always played a role and coercive force as legislation, but the self-defense and insane methods of revenge obtained from it also caused social unrest. In order to stop personal self-defense and self-arbitrariness, as well as to strengthen ties between different regions, it is necessary to use the power of common law to unite the Principality into a whole. Although the new law does not exclude the original good customary norms, if there are no necessary penalties for violations, it will be destructive for the law. Therefore, it is necessary to give customary law a legal meaning and a compelling force, without changing the existing content of customary law.I must say that the German customs and the traditional customs of the Slavic people are intertwined in the historical codifi cation of Russian procedural law, forming a unique historical path of development of the procedural legal system of ancient Russia. Although national customs were recognized by the state in the form of positive law with the help of " Russian Truth”, and became the norm of justice and social norm on the basis of the guarantee of national coercive force, but this did not change the essence of customary law, but the form of positive law was given to it. As the modernization of the Russian judicial system moves into modern times, generations of legislators and lawyers are focusing on the study of national legal traditions and history, trying to discover the natural laws governing the development of the Russian legal system, and are constantly trying to make progress in the modern and modern process of judicial reform. The harmony of legislation, the borrowing of laws and national customs to a certain extent ensured a reasonable adjustment of national laws and norms of customary law.

Alternative Methods of Dispute Resolution as a Measure to Reduce the Workload on Courts: A Comparative Legal Study (Part 1)

The paper considers alternative methods of dispute resolution as a measure to reduce the workload on the courts. At present, the need to reduce the workload on courts is quite acute in Russia. According to the members of the European Commission for the Efficiency of Justice (CEPEJ), a large workload on courts (and, accordingly, on judges) seriously affects the quality of justice and the timing of the consideration of cases. It should be noted that all judicial systems of the world without exception face this problem, but the statistics of the European Commission for the Efficiency of Justice (CEPEJ) shows that over the past few years the burden on courts and judges has significantly decreased in the EU countries. The authors summarize that foreign judicial practice has successfully tested working tools to reduce the burden on courts, which the Russian judicial system may well borrow. However, these tools require gradual development and elaboration given all Russian legal realities. A sharp transition to alternative dispute resolution may negatively affect the quality of dispute resolution in Russia. If the legislator restricts the ability of citizens to consider disputes in courts (for example, by increasing court fees), but at the same time alternative dispute resolution methods will remain at a low level of legal and social development (citizens’ distrust, weak legislative elaboration, etc.), then citizens will completely lose the platform for legal dispute resolution. It is quite possible that we will return to the criminal experience of the economy of the 1990s.

IMPLEMENTATION OF SOCIAL JUSTICE AND HUMANISM PRINCIPLES IN THE PROFESSIONAL LEGAL ACTIVITY OF VASILY KONSTANTINOVICH MAGNITSKY

Vasily Konstantinovich Magnitsky (1839–1901) is a researcher of the culture and life of the peoples living in the Volga-Ural region, a public figure, an educator, a lawyer. A number of works were written about Magnitsky’s life and work. The articles published at different times contained mainly biographical information and covered certain areas of the researcher’s scientific interests. Meanwhile, the issues of Magnitsky’s worldview formation, his views on the social reality of post-reform Russia and the study of his legal activities were almost bypassed. The paper attempts to analyze the little-studied aspects of the professional activity of the judicial investigator of the Cheboksary uyezd second district, Vasily Konstantinovich Magnitsky. The methodological basis of the study was the method of complex historical analysis (for studying facts and phenomena in the dynamics of their development), as well as methods of problem-chronological and comparative analysis, on the basis of which the main directions of legal practice were studied. The research is based on previously unpublished materials from the funds of the State Historical Archive of the Chuvash Republic and the Scientific Archive of the Chuvash State Institute of Humanities, as well as data obtained from open sources. The lawyer Vasily Konstantinovich Magnitsky was a bright representative of the generation of the liberal reforms era. In his early youth, Vasily Magnitsky developed beliefs about the role of knowledge and science in human life. The desire to provide benefit for people, to put into practice all his knowledge and experience prompted him to become a graduate in law. Studying law at the university influenced his worldview, professional and scientific activities. Vasily Konstantinovich’s professional activity took place during the years of the reform in the Russian judicial system. The formation of Magnitsky’s personality and his evolution as a human rights activist in the classical sense of the word are inextricably linked with the liberal era of the sixties. According to his views, he was a consistent supporter of justice and humanism ideas, which largely determined his legal practice. As a lawyer, a judicial investigator of Cheboksary uyezd second district, Magnitsky consistently and firmly defended the need to respect the rights of an individual. Protesting against violation of this principle, he often became the object of persecution. Vasily Konstantinovich was critical of the post-reform Russian judicial system, and advocated its further democratization. He drew the attention of the public (including in publications) to the topical problems of judicial proceedings. The role of Magnitsky in high-profile criminal trials (the Multan case) of the second half of the XIX century is noted. Vasily Konstantinovich, along with the performance of official duties, led an active and fruitful work on the study of legal life. The materials collected by Magnitsky are of great value for the study of the customary law of the Chuvash.

COURTS OF THE KHANTY-MANSI AUTONOMOUS OKRUG IN THE FIRST YEAR OF THE POST-WAR FIVE-YEAR PLAN

The judicial system and the judicial authority in any state and in any society perform very important socially significant functions. That is why the issues of evolvement, formation, as well as the legal regulation of the court system, improving the legislative framework of the judicial system’s activity are a serious link in the construction of a democratic state governed by the rule of law. A comprehensive and complete study of construction and transformation of the Soviet judicial system in this context is extremely relevant and is of paramount importance both for the Russian society and for the Russian state, since it was the Soviet judicial system that was the basis for constructing the current Russian judicial system. In this aspect, the post-war stage in the formation of the judicial system in the USSR is of particular interest, its study requires a particularly careful attention and detailed analysis, including due to its originality and uniqueness in the context of world history. The article considers the features of the formation and activity of the judicial bodies in the Khanty-Mansi National District, as well as the problems faced by the district courts after the end of the Great Patriotic War in the first year of the post-war five-year plan of 1946–1950, aimed at restoring the national economy. The article shows the specifics and uniqueness of the district judicial system functioning, reflects the main directions to which the district courts directed their efforts, describes the main problems that the courts faced in their work. The article presents statistical data on key positions that characterize both criminal judicial and punitive policy and civil law proceedings. Problems and shortcomings in the activity of the Soviet judicial system in the territory of the district are reflected. It is noted that the courts made a significant contribution to the national economy restoration and the establishment of peaceful life in the region. Despite the existence of certain problems in the activities of the district courts, despite the difficulties in their work, including due to the geographical features of the district, the judicial authorities ensured the fulfillment of their extremely important tasks in the field of both administration of justice and ensuring punitive policies and, consequently, following the party’s policies. At this, despite the increase in crime in the first post-war year, the growth of criminal cases, the district courts improved the quality of proceedings conduct.

Формы осуществления дистанционного правосудия в России

There is a growing tendency of distribution of online arbitration and the active use of digital technologies in exercising of justice in the modern law and economy digitization conditions. Online arbitration under the Arbitration Association has been operating in Russia since 2015. Thus, informatization of the Russian judicial system starting from the My Arbitrator information system, the use of video conferencing and audio recording positively affects the assurance of access to justice, lowering of the burden on the court administration and acceleration of judicial proceedings in general. Legal experts coming across extraordinary circumstances in the modern conditions, complicated epidemiological situation in the world study the opportunities for proceedings held completely online from the standpoint of law and the existing technologies. Online arbitration is becoming more and more popular as a dispute resolution form, the digital technology application sphere is broadening. At the same time, parties to a distant procedure encounter some problems caused by the absence of technical skills of the court administration, violation of terms for review of motions for online proceedings and some others. This article is dedicated to the study of forms of exercising of distant justice in Russia and the analysis of the indicated problems. The authors of the article conclude that Internet conferencing resources should be used to a greater extent in the course of review of cases in courts and arbitral authorities. The authors provide and analyze the judicial practice of online proceedings and conclude on the reasons hindering extended application of the Internet justice.

Імперське конструювання судової системи для городян Правобережної України (1797–1801 рр.)

The article is devoted to the process of imperial construction of judicial system for urban citizens and merchants of the Right-Bank Ukraine by means of combining the judicial tradition of the Polish-Lithuanian Commonwealth and the Russian judicial system. The aim of the research is to analyze the procedure of reestablishment/foundation of the magistrates and town halls under the rule of Pavlo I. The supreme power created a new system of judiciary by combining the traditions of the Polish-Lithuanian Commonwealth and the Russian laws and consequently getting subordinate class institutions. The author investigates boundaries of compromises between urban citizens and judicial power. The methodology of the study is based on combination of general scientifi c (analysis, synthesis, generalization) and special historical (historical-genetic, historical-typological, historical-systemic) methods with the principles of historicism, systemity and scientifi city, allowing to focus the attention on the mechanisms of constructing courts for urban citizens by the supreme power. The scientifi c novelty is reached by studying the imperial means of attaining consensus with urban citizens by means of establishing a system of magistrates and town halls, subordinate to the governorate supreme courts. Engaging Jews and Christian population to operation of the institutions helped to settle civil-legal and criminal relationships. Conclusions. Implementing/founding a system of magistrates, the supreme power acted within the framework of imperial policy of coordination of its interests with those of different social groups. One of the ways of coming to an agreement was establishing magistrates with respect to «virtual» traditions of the Polish-Lithuanian Commonwealth. Admission of Jewish citizens to holding positions along with prevalence of the elected Christian offi cials allowed to minimize social tension. Implementing imperial expertise and maneuvering between aspirations of the local administration, the Polish elite and the urban citizens, the supreme power reconciled different groups with the Russian reality. Further research is needed to study the staff composition and judicial practices of magistrates and town halls in the period until the November Uprising of 1830–1831.

Genesis of establishment and development of the judicial system of the Russian Federation in the late XX – early XXI centuries: institutional and normative characteristics

The subject of this research is the evolution of the structure of judicial system of the Russian Federation in the late XX – early XXI centuries. Description is given to the changes undergone by the Russian judicial system after dissolution of the Soviet Union. The author follows the dynamics of the normative legal changes that regulate judicial proceedings, as well as reveals the institutional framework of the modern structure of judicial system of the Russian Federation. The article illustrates the institutional and normative changes within the structure of judicial system of the Russian Federation in the late XX – early XXI centuries based on application of the comparative-legal and systemic methods of research. The novelty and the main conclusions lie in the following: it is established that the Russian Federation has issued the normative legal acts that contribute to the strengthening and unification of the Russian judicial system, uniformity of social guarantees and compensations set for judges. Currently, the judicial system of the Russian Federation is founded on the principle of combining administrative-territorial and district organization. It is determined that the judicial system of the Russian Federation consists of 1) the Constitutional Court of the Russian Federation; 2) the Supreme Court of the Russian Federation; 3) federal courts of general jurisdiction; 4) arbitration courts; 5) magistrates’ courts of the constituent entities of the Russian Federation. It is noted that since January 1, 2023, the Constitutional (statutory) courts of the constituent entities of the Russian Federation will be abolished.

Organization of Judicial Activity in Russia within the Framework of the Federal Target Program in 2013–2020: Problems and Prospects

The paper analyzes the preliminary results of the implementation of the Federal Target Program "Development of the Russian Judicial System in 2013–2020". The author provides specific examples of achievements in the main areas of development of the judicial system. Besides, the author defines some unresolved problems, such as the need to locate federal courts in buildings convenient for the administration of justice, provision of technical means and security means for judges and court staff, digitalization (informatization) of the judicial system, unreasonably long legal proceedings time frames, accommodation for judges and employees of courts and the Judicial Department at the Supreme Court of the Russian Federation. The paper also offers approaches to solving each of the mentioned problems. Based on the results of the 2019 meeting of the Presidium of the Council of Judges of the Russian Federation, the paper outlines the proposals on ways to develop the judicial system in the 3rd decade of the 21st century, and names the main factors for their successful implementation.

Russian Judicial System in the Light of Public Policy (“Political Field” versus “Zone of Power”)

Russian Judicial System in the Light of Public Policy (“Political Field” versus “Zone of Power”)

“Who are the Judges?” or the Russian Judicial System and Statistics

This article reveals the reasons that impede the effective functioning of the Russian judicial system. An interdisciplinary study was conducted using statistical data on the education of judges, work experience, and the gender composition of the judiciary. The level of judges’ workload and the volume of processing were analyzed. The statistical data of sociological surveys concerning the judicial system of Russia and the attitude of the population and professional lawyers to it are considered. The study formulated a number of conclusions. So, the problems associated with the recruitment of judges have been identified. It has been established that the apparatus of courts becomes the forge of judicial personnel, that is, "the judicial system begins to reproduce itself." A hypothesis that explains the features of “pre-trial prejudice” in Russian courts is formulated. It was revealed that the excessive workload of domestic courts is a serious obstacle to the implementation of quality justice. The conclusion is made that the above reasons underlie the lack of effectiveness of legal proceedings and impede the administration of justice in accordance with the principles of impartiality and independence.

Traditions and continuity in the development of the judicial system of Russia: historical and legal experience of the Russian Empire and judicial system of the Russian Federation in modern conditions

Traditions and continuity in the development of the judicial system of Russia: historical and legal experience of the Russian Empire and judicial system of the Russian Federation in modern conditions

Training of judiciaries and the effectiveness of the judicial system in Russia

The article examines the theoretical, legal, social and psychological aspects of the formation of a highly effective judiciary in Russia on the basis of a systematic approach in the preparation and selection of personnel for the judicial system. The authors substantiate the most significant tasks of forming the professional identity of Russian judges based on social and psychological research, practical experience of legal personnel, information educational technologies, and analyze the results of assessing the effectiveness of the Russian judicial system according to European standards. When writing the article, general scientific and special research methods were used: structural and functional analysis, comparative legal and analytical methods. The research carried out by the authors made it possible to obtain the following results: to form a comprehensive idea of the identity of a judge based on the concepts of self-esteem, behavior control, communication characteristics and social abilities. It is possible to use these results in the academic process of educational institutions of secondary vocational education and higher education, in the selection of personnel and social and psychological support for the activities of judges and employees of the judicial apparatus. The importance of such studies is associated with the high social significance of this type of activity, its impact on the level of social trust in law and legality.

Категориальная характеристика участников дел, рассматриваемых церковно-судебными органами Тобольской епархии в XVII–XVIII вв..

The actualization of attention to this problem is caused by the fact that there has been a revival and development of the church and judicial system in Russia. It is obvious that the church and judicial system and canon law influenced on the formation of the Russian judicial system. The scientific novelty of this study is that it reflects the sources that were first introduced into scientific circulation, which contributes to a deeper theoretical understanding and actual enrichment of this problem. The aim of the study is to give a categorical description of the participants in court cases and the system of punishment in the Tobolsk diocese in the 17th–18th centuries, since the formation of the judicial system in the region has special features. Despite the large number of works on the history of the Russian Orthodox Church, the normative legal framework and practice of the church and judicial system were not given sufficient attention. The analysis of the material obtained in the course of this study makes it possible to fill in the existing gaps. The methodological basis of the research is the principle of historicism (from which private methods – problem-chronological, historical-comparative, historical-system and historical-typological), the principle of systematic and the principle of objectivity. The archpastors of Tobolsk had broad powers in church and judicial matters, based on the decrees of the tsar and the patriarch. To their help were appointed clerical elders, customers, the desyati and the pyatidesyati priests, the vicars, desyatilniy, deacons, boyars' children, thanes, lenders, bailiffs and nedelschick etc. A particularly acute problem in the study period was family relations, which was aggravated by the lack of a sufficient number of women in Siberia. The result of the study should be a description of the participants in cases and punishments considered by the church and judicial authorities of the Tobolsk diocese. Most of the church court cases concerned certificates of illegal marriages, divorce, forced marriage and theft of church property, dishonest behaviour of clergies and clergymen, etc.

Introduction of Russian state judiciary on the territory of Ukraine (end of XVIII – early XIX century)

The article reveals the peculiarities of the implementation of the Russian judicial system in the Hetmanate in the second half of the XVIII - first half of the XIX century. It is pointed out that the incorporation policy of the Russian Empire provided for the full inclusion of Ukrainian lands in the empire, both in administrative and legal aspects. Beginning with the abolition of the institution of the Hetmanate, the regimental-hundred system, the imperial authorities tried to eradicate from life all the legal attributes of the Cossacks, which were traditional for the population and differed from the classical Russian. One of such attributes of statehood was the system of the judiciary and the judiciary. Having determined the specifics and characteristics of the traditional Ukrainian judicial system, which has been implemented in the Hetmanate since the middle of the XVII century, judicial reforms of P. Orlyk, K. Rozumovsky, the peculiarities of the introduction of the Russian class system of justice are established. After the liquidation of the regimental-hundred system and the introduction of division in the provinces, zemstvo (provincial) and county courts began to be established on the territory of Ukraine, which had a wide range of powers and were divided into criminal and civil departments. Zemsky courts were the court of the highest instance and the main appellate body, but decided only cases involving the nobility. The formal election of judges and their subordination to the emperor was a compromise that satisfied both the government and guaranteed the loyalty of the nobility. County courts were under the control of the nobility, which leveled the transparency of decisions. The lowest judiciary was the village courts, which dealt with most economic and administrative issues related to the most vulnerable. The practice of «arbitration» and «conscientious» courts, whose task was to resolve disputes at the pre-trial stage, can be considered a certain positive. They minimized and debureaucratized the judicial system, forming an effective alternative to county courts. Contractual principles in the judiciary, given the existence of about 10 thousand legal acts, some of which were naturally not known to judges, and sometimes contradicted each other, became the key to the stability of the judiciary in the pre-reform period.

Феномен самоубийства в России XVIII в.

The history of suicide in Russia, especially prior to the nineteenth century, remains understudied. While in most European countries the process of decriminalization and secularization of suicide was underway, in Russia, with the introduction of the Military Article of 1715, it was formally criminalized. On the basis of the study of more than 350 newly examined archival cases, this article examines how the transfer of suicide investigations to secular authorities also entailed secularization, while the peculiarities of the Russian judicial and investigative system, as well as lacunae in the legislation, actually led to the gradual decriminalization of suicide. At the same time, although among Russians, as well as among other peoples, a number of superstitions were associated with suicide, there is no evidence in the archival documents studied in this article of a particularly emotional perception of suicide. The phenomenon of suicide in eighteenth-century Russia, when compared to early modern Europe, did not have any significant, fundamental differences. However, the features of the Russian judicial-investigative system made this phenomenon less public, less visible and less significant for public consciousness.

Принципы гражданского процессуального права в условиях деритуализации и дематериализации правосудия

The article analyzes the impact of key trends in the development of civil and administrative proceedings in recent years on certain principles of civil procedurу law. In the author’s opinion the Russian judicial system is undergoing a period of reform, similar in depth and content to the reforms of the 90s of the XX century. Therefore, attention is drawn to the need to rethink the content of a number of principles of civil procedure law.

Трансформация основополагающих начал гражданского процессуального права в аспекте цифровизации правосудия по гражданским делам

The article reveals the main trends in the modernization of the civil procedural law principles in the context of the civil process digitalization. From the point of view of introducing the latest digital innovations into the civil process, the guidelines of the branch of the law are analyzed, the conclusions are drawn about the transformation of the legal regulation key areas. It is raised the problem of the procedural and legal collisions between the introduction of technical progress tools into the judicial system, its reflection in the regulatory framework of the state and the application in the legal work of judicial structures and practicing procedural specialists. Taking as a basis the differentiation of the civil procedural law principles by the subject of regulation, the author examines various legal configurations that have appeared in the judicial system as a result of the digitalization of procedural relations of participants in civil proceedings, starting depending on the degree of impact of digitalization. The article highlights the main aspects of the implementation of the principle of the publicity of proceedings, the corresponding principles of openness, publicity, accessibility, transparency and judicial transparency, between which a parallel is drawn. In terms of digitalization the author touches upon the principles of the judicial independence, competition, equality of parties and discretion, thereby coming to the conclusion about digital modernization of the main provisions and ideas that express the essence of civil procedural law, while maintaining the traditional positions characteristic of the Russian judicial system.

Jury Trials in the Russian Judicial System, Legal Features and Problems

The article is devoted to the concept of jury trial in the Russian Federation as an integral part of the judicial system, which is associated with the process of justice. In addition, the article discusses the features of dependence and independence of court assessors in the process of justice.

CRIMINAL PROCESS IN A PANDEMIC AND THEN

Due to the emergence of a new coronavirus infection (COVID-19), measures aimed at limiting its spread have made it impossible to administer justice in compliance with its democratic principles, implying the possibility of personal participation of all interested parties in court procedures to effectively defend their interests. In this regard, on April 8, 2020, the Presidium of the Supreme Court of the Russian Federation adopted a decree recommending that the courts, among other measures, intensify the work of Internet receptions, ensure the reception, processing and registration of documents submitted to the courts in electronic form, including in the form of an electronic document, consider cases and materials of urgent nature in court hearings using the video-conferencing system and (or) the web-conference system. Despite the fact that in accordance with the program for the development of the Russian judicial system, approved by Decree of the Government of the Russian Federation dated December 27, 2012 № 1406, the modernization of the work of courts based on digital technologies has already begun in the country, their development in criminal proceedings lags behind other methods of administering justice. Given this circumstance, as well as the actual absence in the criminal process of electronic document management and legal regulation of the grounds and procedure for conducting a trial in the mode of a web conference, the article attempts to determine the limits of the possibilities of using new technologies in criminal proceedings, to substantiate the conclusion that that the use of digital technology in criminal proceedings is not only possible, but necessary, as well as to determine the direction of development of criminal proceedings in this direction.