Articoli di riviste sul tema "Criminal justice, administration of – russia (federation) – history"
Segui questo link per vedere altri tipi di pubblicazioni sul tema: Criminal justice, administration of – russia (federation) – history.
Cita una fonte nei formati APA, MLA, Chicago, Harvard e in molti altri stili
Vedi i top-22 articoli di riviste per l'attività di ricerca sul tema "Criminal justice, administration of – russia (federation) – history".
Accanto a ogni fonte nell'elenco di riferimenti c'è un pulsante "Aggiungi alla bibliografia". Premilo e genereremo automaticamente la citazione bibliografica dell'opera scelta nello stile citazionale di cui hai bisogno: APA, MLA, Harvard, Chicago, Vancouver ecc.
Puoi anche scaricare il testo completo della pubblicazione scientifica nel formato .pdf e leggere online l'abstract (il sommario) dell'opera se è presente nei metadati.
Vedi gli articoli di riviste di molte aree scientifiche e compila una bibliografia corretta.
1
Pshava, Veronika Viktorovna, Irina Andreyevna Babenko, Vyacheslav Vitalievich Pletnev, Aleksandr Borisovich Sokolov e Julia Vladimirovna Sadikova. "Trends in developing the jury institution in the Russian Federation". LAPLAGE EM REVISTA 7, Extra-C (21 giugno 2021): 118–24. http://dx.doi.org/10.24115/s2446-622020217extra-c993p.118-124.
Testo completoAbstract (sommario):
The article considers various forms of participating in the administration of justice in criminal cases in the constituent entities of the Russian Federation, the Federal Republic of Germany and the United States of America. A 30-year long development of the jury institution in Russia and its active reforming since 2016 necessitate a scientific analysis of various forms of people's participation, identification of their features, positive and negative experience. Despite the expanded jurisdiction of the jury considering criminal cases, the introduction of this institution at the level of district courts and the reduction of jury members, there is an acute issue of forming jury boards (the unwillingness of citizens to participate in the administration of justice) and a large number of repealed sentences passed in this form of legal proceedings. The positive experience of other democratic federal states can serve as an example of ensuring the functioning of the jury institution in Russia.
2
Petrikina, Anna A., Tatyana G. Borodinova e Irina V. Gubko. "Information and digital technologies in jury trial of criminal cases in Russia". RUDN Journal of Law 27, n. 3 (15 dicembre 2023): 805–18. http://dx.doi.org/10.22363/2313-2337-2023-27-3-805-818.
Testo completoAbstract (sommario):
It is difficult to overestimate the role of the institution of jurors in criminal procedural law, since due to its existence the possibility of people's participation in the justice process is realized. The process of forming the jury bench and their direct participation in criminal cases in practice is possible with the use of various information technologies. In the rapidly changing socio-political situation in society, the participation of representatives of the people in administaring justice is impossible without modern information and digital technologies. The expansion of the scope of jury activities and extension of their competence to the categories of criminal cases under the jurisdiction of not only regional, but also district level, predetermined the study and analysis of problems arising in the formation of the jury panel and organization of their activities in the trial in the traditional and remote format as the purpose of the study. The following tasks are defined: to identify, with the help of information and digital technologies, the reasons for the low activity of the population in realization of the right to participate in justice administration; to determine the strategy for screening candidates and their subsequent preparation for participation in court session; to solve organizational problems of implementing new forms of this institution of criminal justice in the Russian Federation. An attempt has been made to update the scientific position regarding the process of formation and further activities of the jury panel in criminal proceedings based on the available digital and information capabilities. Implementation of the results of the work is possible both for practitioners of the judicial system and for researchers in the field of criminal procedure envolved with formation, development and improvement of the institution of jurors. It can be concluded that transformation of forms of criminal proceedings taking place in the modern world, emergence of new technologies, penetration of digitalization into all spheres of human life have significantly affected the genesis of popular representation in justice administration in criminal cases and become an integral part of it, requiring legal certainty.
3
Azarov, Vladimir A. "Justice as the primary basis of equality of all before the law and court in the criminal procedure of Russia". Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, n. 43 (2022): 5–20. http://dx.doi.org/10.17223/22253513/43/1.
Testo completoAbstract (sommario):
The article presents the results of the historiographic studies of the principle of equality of all before the law and court in the criminal procedural legislation of Russia. Considering the importance of the above principle for the formation of the authority of the judiciary, the author substantiates its fundamental role in the assessment by the population of the country of the presence and reflection in the law of justice as the core category of the genotype of the Russian nation. The positions of opponents of the legislative decision about the reflection of the category of «objective truth» in the text of the Criminal Procedure Code of the Russian Federation are analyzed, the inconsistency and even the perniciousness of introducing the artificial concept of «legal justice» into the theory and practice are shown. The comparative characteristics of the textual expression of the principle of equality of all before the law and court in various legislative acts of the Russian Federation are given. On this basis, the preferred wording of this principle in the Criminal Procedure Code has been formulated. The segments of the content of the concept of justice in criminal proceedings are interpreted. From the standpoint of social justice, the redundancy of the presence in Chapter 52 of the Criminal Procedure Code of the Russian Federation of a large detachment of representatives of all branches of state power of Russia, endowed with additional privileges in criminal proceedings, is shown and commented on. The directions of changing the procedure for criminal proceedings against state and municipal employees, as well as the limits of their inviolability in the sphere of activity of criminal justice bodies, have been identified and substantiated. The evidence for the expediency of the direct participation of federal judges of courts of general jurisdiction in resolving the issues of restriction, suspension and deprivation of immunity of state and municipal employees for their criminal prosecution is given. The history and causes are studied, the initiators and conditions for the creation of the above section of the Criminal Procedure Code of the Russian Federation are revealed, an assessment of its compliance with the typology and traditional ideology of the national criminal procedure is given. The most suitable options for legislative solutions that allow minimizing reputational losses for all branches of state power in cases of bringing their representatives to criminal liability are discussed and selected. A scheme of legislative work to optimize the content of the above section of the Criminal Procedure Code and to strengthen the principle of equality of all before the law and court and justice in the sphere of activity of criminal justice bodies is proposed and substantiated.
4
Adashkin, D. A. "The Essence and Social Functions of the Judiciary in Modern Russia". Actual Problems of Russian Law 16, n. 8 (4 settembre 2021): 42–51. http://dx.doi.org/10.17803/1994-1471.2021.129.8.042-051.
Testo completoAbstract (sommario):
The paper is devoted to the analysis of the correlation between the concept, essence and social functions of the judiciary of the Russian Federation. The author examines the main features of the dominant approaches in the domestic legal doctrine to the concept of the judicial power as a type of social power, a form of exercising state power and organizationally and procedurally formalized coercion with its inherent legal properties. Based on the analysis of theoretical and legal sources, to develop the concept of the judiciary, the author determines its essence as: a form of administration of social processes by resolving social conflicts; specific activities of state bodies through the constitutional, civil, administrative and criminal proceedings (justice) established by the Constitution of the Russian Federation; methods of using specific means of coercion on behalf of the state. In order to specify the concept and essence of the judiciary in Russia, the author examines its functions of ensuring constitutional law and order, legal protection, restoring violated rights, imposing legal responsibility on the offender, legal education, raising legal awareness and respect for the rights of citizens. The author makes a number of proposals aimed to improve the implementation of these functions in terms of respect for the law and the court, including by improving the activities of the courts themselves, expanding the openness and accessibility of certain judicial information through the National Automated Sistem "Justice" (GAS) of the Russian Federation and social networks.
5
Zakharchuk, Sergey. "Environmental law and reconciliation with a representative of power under criminal law of Russia". E3S Web of Conferences 244 (2021): 12021. http://dx.doi.org/10.1051/e3sconf/202124412021.
Testo completoAbstract (sommario):
Domestic criminal legislation provides for possibility of releasing from criminal liability a person who has committed a crime of small or medium gravity for the first time, provided that he/she has reconciled with the victim and made amends for the harm caused. Comparative legal analysis shows that similar norms are found in the criminal laws of foreign states. The article discusses issues related to the possibility of terminating a criminal case in connection with the reconciliation of parties in the event that a victim is a representative of authorities. As a result of analysis of scientific positions on this issue, as well as corresponding law enforcement practice, ambiguity in approaches to its solution was revealed. The presence of certain contradictions in the area under study is also confirmed by statistical information. The author substantiates the position on the need to establish a ban on exemption from criminal liability in connection with reconciliation with the victim, if a crime is committed against justice or the order of administration, and the victim is a representative of authorities. In this case, the victim acts as an additional objective manifestation of encroachment, and therefore, reconciliation cannot eliminate the harm done to the interests of the state - the main object of criminal encroachment. In order to resolve the problem, it is proposed to amend Article 76 of Criminal Code of Russian Federation.
6
Arkhipov, Andrey V. "THE HISTORY OF THE DEVELOPMENT OF LEGISLATION ON LIABILITY FOR FRAUD IN RUSSIA". Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, n. 40 (2021): 12–20. http://dx.doi.org/10.17223/22253513/40/2.
Testo completoAbstract (sommario):
The article examines the history of the emergence and development of Russian legislation on criminal liability for fraud. It is noted that for the first time fraud is mentioned in the legal acts of the second half of the 16th century - the Codes of Justice of Tsars Ivan IV and Fyodor Ioannovich. Initially, fraud was most often understood as a deft but petty theft, in which de-ception was used to facilitate its commission. The understanding of fraud as the theft of other people's property, committed by deception, began to be formed only in the second half of the 18th century with the publication on April 3, 1781 by Empress Catherine II of the Decree "On the court and punishments for theft of different kinds and the establishment of working houses in all the gubernias." In the 19th century, the clarifying process of the content of the term "fraud" continued. It was reflected in the first codified criminal laws of the Russian Empire - Code of crimi-nal and corrective penalties of Russia of 1845 and the Charter on Punishments imposed by the justices of the peace of 1864. A significant contribution to the development of the Russian criminal law on liability for fraud was made by a group of legal scholars involved in the de-velopment of the Criminal Code of the Russian Empire, in which the whole Chapter 33 (Arti-cles 591-598) contained the rules on liability for fraud. Although the 1903 Criminal Code was not fully enacted, it had a significant impact on the formation of criminal law on liability for fraud in subsequent regulations. During the Soviet period, the legislation on the responsibility for fraud continued to develop. For the first time, abuse of trust was mentioned as a method of crime, along with deception. After the collapse of the Soviet Union and the adoption in 1993 of the Constitution of the Russian Federation, the Federal Law 10 of 01.07.1994 made signifi-cant changes to the Criminal Code of the Russian Federation of 1960 that served as the basis for the system of crimes against property in modern Russia.
7
Yaselskaya, Veronika V., e Alena V. Grishchenko. "Exercise of the Right of Citizens to Participate in the Administration of Justice: Possible Ways of Reforming in the Criminal Process". Ugolovnaya yustitsiya, n. 17 (2021): 69–75. http://dx.doi.org/10.17223/23088451/17/15.
Testo completoAbstract (sommario):
The Constitution of the Russian Federation considers the jury as a form of citizens’ participation in the administration of justice, though it was not widely accepted for a long time. Recreated in the early 1990s, the jury trial suffered from limited powers. Subsequently, the range of criminal cases within its jurisdiction became even more limited. The jury expanded its jurisdiction when introduced to district courts in June 1, 2018. On the one hand, the expanded jurisdiction of the jury improves activities of the court and other participants in the criminal process. On the other hand, the changes did not result in the effective exercise of the right of citizens to participate in the administration of justice, which suggests the necessity of the jury’s further expansion. Since it is difficult not to ensure the participation of the jury in minor and medium gravity cases, the increase in the number of cases brought before a jury should occur at the expense of certain types of grave and especially grave crimes. The expansion of the jury competence on grave and especially grave crimes will not be a final solution to the problem of involving citizens in the administration of justice. In contrast to Soviet Russia, where popular representatives (lay judges) exercised control over the judges in all criminal cases at first instance, today, in most cases, justice is administered by judges alone. The people’s court has advantages over the sole consideration of the case, as it ensures open justice, increases the responsibility of professional participants in the process, and raises the prestige of performing judicial functions. It is possible to return lay judges to district courts for non-grave and medium-grave cases implying custodial punishment. Thus, the effective implementation of the constitutional right of citizens to participate in the administration of justice can be achieved through various forms. Expanding the jury’s competence at the expense of certain types of grave and especially grave crimes, the introduction of lay judges for non-grave and medium-grave crimes implying custodial punishment will promote a broader participation of citizens in the administration of justice.
8
Lysova, Alexandra, e Helmut Kury. "Obstacles to the Development of Restorative Justice: a Comparative Analysis of Russia, Canada and Germany". Всероссийский криминологический журнал 12, n. 6 (28 dicembre 2018): 806–16. http://dx.doi.org/10.17150/2500-4255.2018.12(6).806-816.
Testo completoAbstract (sommario):
Restorative justice (RJ), which is a concept of criminal justice focused on the needs of victims and the community affected by the criminal act rather than on the punishment of the offender, is becoming an integral part of criminal justice in many developed Western countries. Russia, however, is just taking the first steps in the development of restorative justice with the focus on mediation for juvenile delinquents. Using the theory of the (de)civilization process by N. Elias, the authors suggest that a weak state, characterized not so much by inefficient economy as by underdeveloped social institutes, could be an obstacle for a more active use of RJ in Russia. Specifically, the authors claim that corruption undermining the legitimacy of public administration, a lack of trust in law enforcement, suppression of small business and hatred towards some groups of people all strengthen punitive sentiments that contradict the principles of RJ. A comparative criminological analysis of RJ in Canada and Germany reveals the unique history of its emergence and use in these countries in comparison with Russia. As for Germany, the moments of de-civilization in this country in the first half of the 20th century and in the recent years (connected with the uncontrolled influx of migrants) are slowing down the development of RJ. The absence of any significant social upheavals in Canada could explain a strong support for RJ among the local population and a comparatively successful integration of its principles in traditional Canadian criminal justice. In conclusion, the authors debunk some myths regarding RJ, which could constrain its implementation in these countries. In particular, the authors argue, that the traditional paradigm of punishment should not be abolished, but could be supplemented by the paradigm of reconciliation and restoration.
9
Markovicheva, E. V. "On the Consideration of a Criminal Case Against a Minor by Jury". Rossijskoe pravosudie 2 (28 gennaio 2021): 90–96. http://dx.doi.org/10.37399/issn2072-909x.2021.2.90-96.
Testo completoAbstract (sommario):
The functioning of the jury in Russia has demonstrated not only effectiveness, but also a number of problems that need to be resolved. Such problems include the personal jurisdiction of criminal cases by jury. The article reveals the legal positions of the Constitutional Court of the Russian Federation regarding the right of minors to trial a criminal case in a jury. The approaches to solving this issue that have developed in the judicial practice of individual foreign states are analyzed, the main directions for further scientific discussion regarding the right of minors to a jury trial are outlined. The purpose of the article is to disclose various approaches to the administration of criminal justice in the relations of minors with the participation of lay judges. The theoretical basis of the study was Russian and foreign scientific works in the field of criminal procedure law, devoted both to the consideration of criminal cases with the jury, and the specifics of juvenile criminal proceedings. Using the comparative legal research method has allowed to reveal various approaches to the access of minors to jury trials in individual states. In Russian legislation and judicial practice the question of the right of minors to have a criminal case against them considered by a jury remains unresolved. The position of the Constitutional Court of Russia regarding the jurisdiction of such criminal cases is also controversial. The experience of foreign countries indicates that there is no universal way to ensure the right of a minor to a proper court. This issue is decided depending on the type of criminal process, the presence or absence of specialized juvenile courts. Any direct borrowing in this regard cannot be considered effective, but a generalization of foreign experience can create the necessary basis for optimizing both the work of the jury and criminal proceedings against minors.
10
Latypov, Vadim. "Promotion of Justice as an Independent Criminal Procedure Function". Russian Journal of Criminology 15, n. 6 (28 dicembre 2021): 786–96. http://dx.doi.org/10.17150/2500-4255.2021.15(6).786-796.
Testo completoAbstract (sommario):
The article proves the necessity of involving the persons assisting the parties and the Court into criminal proceedings. The author analyzes the promotion of justice as an independent criminal procedure function under Chapter 8 of the Criminal Procedure Code of the Russian Federation, which is carried out by both the participants of criminal proceedings and by other subjects of criminal law relations who do not have an independent procedural status. The conducted social and legal analysis made it possible to state that the development of the idea of the rule of law requires individuals to obtain a correct understanding of the organization of the modern society, its development trends, and the necessity of acquiring due legal awareness. The understanding of legal awareness varied throughout the history of our state but what remained unchanged were the ideas that it can be influenced and that it determines the development of law and the law enforcement itself. Citizens with the due level of legal awareness are ready to promote justice, which testifies to their high level of social development, a desire to be involved in law enforcement work, to bring justice and ensure legality of procedural decisions. The author shows that criminal proceedings in Russia require facilitation, but the majority of people are not ready to provide it for a number of reasons, which proves the need for a detailed analysis of promoting justice in the modern Russian criminal process. The conducted research stresses the theoretical and practical inadequacy of the three-part system of criminal procedure functions enshrined in the current Russian criminal procedure legislation. The author examines the possibility of singling out the promotion of justice as an independent criminal procedure institute necessary for making lawful, well-grounded and comprehensive procedural decisions by officials and state bodies. The author concludes that it is necessary to introduce changes in the Criminal Procedure Code of the Russian Federations which will foresee the possibility of renaming Chapter 8 of the Code. Besides, having analyzed the concept of «justice», the author presents his position of what should be understood as the promotion of justice.
11
Галиуллина, Е. Ю., e Ю. В. Левачева. "Video technologies in criminal proceedings of the Russian Federation and foreign countries". Вестник Московской академии Следственного комитета Российской Федерации, n. 4(34) (5 dicembre 2022): 66–73. http://dx.doi.org/10.54217/2588-0136.2022.34.4.008.
Testo completoAbstract (sommario):
Использование информационных технологий, а именно видеотехнологий, в уголовном судопроизводстве является одним из наиболее перспективных направлений совершенствования организации судопроизводства на современном этапе. История централизованного правового регулирования применения видеотехнологий в уголовном процессе берет свое начало в 1990 году, во времена принятия ООН Руководства для сотрудников системы уголовного правосудия в отношении осуществления Декларации основных принципов правосудия для жертв преступления и злоупотребления властью. Пунктом 55 раздела Е данного руководства указывалось на возможность дачи свидетельских показаний через их видеозапись в режиме реального времени, что фактически стало прообразом видеоконференций. Применение информационных технологий закреплено в нормативно-правовых актах Российской Федерации, то есть в более чем пятидесяти статьях пяти кодексов РФ, а также в международных решениях Европейского суда по правам человека. Зарубежный опыт свидетельствует о положительной практике использования видеотехнологий, в то время как в Российской Федерации широкое и активное использование в судопроизводстве они получили в 2020 году в связи с пандемией коронавируса. В данной статье проведен анализ современного состояния уголовного судопроизводства, обеспечивающего доступ к правосудию в условиях развития цифровых технологий в России, а также ряде зарубежных стран. The use of information technologies, namely video technologies, in criminal proceedings is one of the most promising areas for improving the organization of legal proceedings at the present stage. The history of centralized legal regulation of the use of video technologies in criminal proceedings dates back to 1990, at the time of the adoption of the UN Guidelines for Criminal Justice System Employees regarding the Implementation of the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. Paragraph 55 of section E of this manual indicated the possibility of giving testimony through their video recording in real time, which in fact became the prototype of videoconferencing. The use of information technologies is enshrined in the normative legal acts of the Russian Federation, that is, in more than fifty articles of five codes of the Russian Federation, as well as in international decisions of the European Court of Human Rights. Foreign experience testifies to the positive practice of using video technologies, while in the Russian Federation they were used actively in court proceedings in 2020 in connection with the coronavirus pandemic. This article analyzes the current state of criminal proceedings providing access to justice in the context of the development of digital technologies in Russia, as well as in a number of foreign countries.
12
FEDOTOVA, EVGENIYA N. "Current state of practical applying criminal punishment in the form of imprisonment for a certain period in relation to juveniles". Vedomosti (Knowledge) of the Penal System 229, n. 6 (2021): 32–44. http://dx.doi.org/10.51522/2307-0382-2021-229-6-32-44.
Testo completoAbstract (sommario):
The article analyzes the criminal punishment in the form of imprisonment for a certain period in terms of its application to juveniles. The article considers the criminal, penal and criminological aspects, as well as the correlation of the procedure for applying the specified criminal punishment with the provisions of international standards in the administration of juvenile justice. The subject of the article is the statistical reporting of the Judicial Department at the Supreme Court of the Russian Federation, the Federal Penitentiary Service of Russia, the Ministry of Internal Affairs of Russia, Russian legislation, provisions of international regulatory legal acts, scientific literature on the stated topic. The purpose of the study is to comprehensively analyze punishment in the form of imprisonment for a certain period of time as a type of punishment applied to juveniles, to identify problems in the practice of its appointment and execution in relation to the designated category of persons, as well as to find possible ways of eliminating such problems. The methodological basis of the research was made up of statistical, comparative legal, systemic and structural methods, analysis, synthesis, induction and other general scientific methods. The author has investigated the essence and content of imprisonment, the procedure for its appointment to juveniles, analyzed the data of judicial statistics. On the basis of statistical data of the Federal Penitentiary Service of Russia, the practice of organizing the execution of sentences in the form of imprisonment in relation to underage persons has been studied. A criminological personality study of a juvenile convicted to this type of criminal punishment, held in an educational colony, has been carried out. The main tendencies and peculiarities of appointing imprisonment for juveniles and the practice of its implementation are revealed, the effectiveness of this type of punishment for juveniles is assessed, the existing problems are formulated, and the author's ways of eliminating them are proposed. In conclusion, the author states that, in general, the practice of applying imprisonment to juveniles does not have critical problems and complies with the requirements of international normative legal acts. The main problem is the weak organization of post-penitentiary monitoring of minors who have served their imprisonment sentence. Key words: juvenile, imprisonment, educational colony, juvenile delinquent, juvenile delinquency, re-socialization.
13
Vinogradova, E. V. "RUSSIAN CONSTITUTIONAL IDENTITY. THE DEATH PENALTY, AGAINST AND... AGAINST". Вестник Пермского университета. Юридические науки, n. 1(55) (2022): 22–47. http://dx.doi.org/10.17072/1995-4190-2022-55-22-47.
Testo completoAbstract (sommario):
Introduction: the adoption of amendments to the Constitution of the Russian Federation in 2020 necessitates the study of constitutionally significant values that shape the Russian identity. Among these values are the historically formed state unity, the history of the country, the uniqueness of its cultural heritage. In the light of guarantees of continuity in the development of the Russian state, it appears relevant to provide analysis of one of the fundamental human rights – the right to life, through the prism of historical, philosophical, legal concepts of the Russian judicial system and judicial process. The refusal to use the death penalty, which has opened new pages for the justice system of modern Russia, makes it essential to provide scholarly reflection on the necessity, possibility, and admissibility of forming a new constitutional and legal space in the Russian Federation that ensures the observance of human and civil rights and freedoms. Purpose: to identify the specific features of legal regulation of the use of the death penalty in modern Russia; to establish in what way the refusal to impose death sentences was conditioned not only by the obligations of the Russian Federation under international law but also by domestic legitimation based on established traditions following from constitutional identity. Methods: dialectical, culturological, general historical, sociological, dogmatic methodological approaches were applied in the study of the conditionality of the refusal to use the death penalty by the Russian constitutional identity; in the analysis of legal doctrines, legislative projects, and normative legal acts, the following methods were employed: general scientific methods (system-structural and formal-logical, inductive and deductive), special legal methods (historical-legal, comparative-legal, and formal-legal) as well as the method of interpretation. Results: the paper shows the influence of constitutional provisions on the decision to ban the imposition of death sentences; presents investigation into the norms of Russian criminal law, which imposes a ban on acts for which the sanction of the relevant criminal law norm establishes punishment in the form of the death penalty; traces the evolution of the institution of jury trial in Russia, to which, in accordance with constitutional regulations, a person to whom this type of punishment may be applied has the right. Conclusions: the assessment of the legal aspect of Russia's refusal to use the death penalty based on the analysis of normative acts allows the author to confirm the thesis that Russia's decision to abolish the death penalty, taken under the influence of modern international trends in the law of European countries, over time has become part of the Russian legal system, which strengthened the Russian constitutional identity. This has been due to the justice system being created in modern Russia, based not only on the principles of European models of the judicial system but in large part having the roots in the state system that has developed over centuries and determines a decent attitude to human rights and freedoms, including the person’s right to life.
14
Opalev, Rim O. "The Development of the Legal Theory and the Legislation of Russia along the Path of Formation of Administrative Judicial Procedure". Rossijskoe pravosudie, n. 2 (20 gennaio 2022): 23–28. http://dx.doi.org/10.37399/issn2072-909x.2022.2.23-28.
Testo completoAbstract (sommario):
. The article offers an analysis of the history of legislation and legal doctrine through the prism of the relationship between the concepts of “administrative justice”, “administrative judicial proceedure”. At the same time, it is noted that, in contrast to the concepts of “civil procedure”, “administrative judicial procedure”, the concept of “administrative justice” has not received legislative consolidation. Its content has been and remains controversial for many years. The author set himself the goal of showing that the adoption of the Code of Administrative Judicial Procedure of the Russian Federation was the result of a historical process. The tasks of the researcher were to highlight the key events of this process and to interpret them. In preparing the article, a comparative historical research method was used. Based on the results, it is concluded that until 2015 in Russia there was no single and complete legislative act specifically designed to regulate administrative judicial procedure. This was due to the fact that the civil procedural form, as the most perfect and universal form of protecting of rights of citizens and legal entities, for a long time made it possible to quite effectively resolve disputes in the field of public administration. However, the need to develop administrative justice and improve guarantees of the rights of citizens and legal entities in disputes with the authorities led to the adoption of the Code of Administrative Judicial Procedure of the Russian Federation. As a result of its adoption, the concept of administrative judicial procedure for the first time acquired a certain legislative content. Today, administrative judicial procedure can be understood as a consideration and resolution by courts of general jurisdiction of cases provided for in Article 1 of this Code. The main thing is that with the enactment of the Code, a procedural form of administrative judicial procedure emerged, which has its own significant distinctive features and is intended for effective legal protection of the rights of citizens and legal entities in the field of public legal relations.
15
Котов, Сергей, e Sergey Kokotov. "Sources of law of the British colony Quebec in the last third of the XVIII century: the problem of choice". Services in Russia and abroad 9, n. 1 (25 giugno 2015): 121–33. http://dx.doi.org/10.12737/11715.
Testo completoAbstract (sommario):
A distinctive feature of modern Canada is the dualism of its legal system. This means that in the country there are two systems of law - continental (Roman-German) and Anglo-Saxon (precedent). Each of these systems differ in their approaches to the understanding of law and justice implementation. However, the main difference is due to the fact that each of these systems relies on its own sources of law. If the basis of the criminal and private law in general, and the federation of nine provinces in particular is common (case) law of England, in the province of Quebec are used English (basically) criminal law and French civil law in its origin.
Historically, this was due to the fact that at the time of the conquest of the colony of New France (now Quebec) in the XVIII century it had a relatively developed legal system, including the system of administration of justice. At the heart of the local sources of law were kutyums of Paris, supplementing ordinances of the French kings. Inclusion of New France in the possession of the English Crown was for the new authorities a precedent - the first time in the history of the British colonial empire it acquired a part of the territory with a Christian population and European law.
In fact, the British colonial authorities had to make a choice, which was to determine the vector of further legal development of not only the newly conquered colony, but the whole of British North America. According to the rules of English case law the medieval English monarch (as sovereign) could either admit the law to of its new ownershipin force at the time of the conquest, or introduce there English law in force at the time. In view of the prevailing circumstances of the specific historical issue of the replacement of French law (including sources and the administration of justice) in English it turned out to be extremely difficult from the socio-political and a formal legal point of view.
This article analyzes the problems encountered during the initial stage of the legal system of the British colony of Quebec and, in particular, of the sources of its territorial law.
16
Bagandova, Leila Zakirovna. "Rehabilitation of Nazism in Russian Legislation: Historical and Legal Analysis". Право и политика, n. 11 (novembre 2023): 51–61. http://dx.doi.org/10.7256/2454-0706.2023.11.68846.
Testo completoAbstract (sommario):
The subject of this study is the prerequisites for the development of the rehabilitation of Nazism on the territory of the Russian Federation after the collapse of the USSR, as well as the issues of regulation of this phenomenon in the history of post-Soviet legislation. The author pays special attention to substantiating the reasons for the appearance of followers of Nazism in Russia and notes that the reason for this was the sharp decline in the political, cultural, moral, economic spheres of society in the 1990s, the lack of due attention to the level of education, which affected the general intellectual and spiritual state of Russian youth. It is noted that attempts to stop the development of Nazism on the territory of the state have been repeatedly made. The novelty of the study lies in the fact that it is a comprehensive analysis of the rehabilitation of Nazism as a deviation, where both historical and legal aspects of such a phenomenon are considered. Explanations of the criminalization of the rehabilitation of Nazism, as well as the problems of the considered corpus delicti, are given. The author claims that the appearance of a new legal norm in the Criminal Code of the Russian Federation has not facilitated law enforcement, since due to errors in legal technique and the construction of the norm as a whole, the lack of definitions for a clearer understanding of the actions that make up the objective side of the present corpus delicti, complicates the activities to identify and bring to justice under this norm.
17
Evdokimov, Vyacheslav, e Alexey Ushakov. "The Transformation of the Constitutional Control Institute in the Political and Legal Space of Russia". Vestnik Volgogradskogo gosudarstvennogo universiteta. Serija 4. Istorija. Regionovedenie. Mezhdunarodnye otnoshenija, n. 3 (luglio 2019): 158–69. http://dx.doi.org/10.15688/jvolsu4.2019.3.14.
Testo completoAbstract (sommario):
Introduction. The article presents the author’s interpretation of the process of constitutional control institutionalization in Russia. The paper highlights the dominant factors and main vectors of the constitutional control transformation in the context of modernizing the political and legal systems of the Russian Federation. The authors pay a particular attention to the specifics of the Constitutional Court of the Russian Federation functioning in the current system of separation of powers and upholding the sovereignty of the Russian state in the context of contradictory modern processes of political globalization. Methodology and methods. The theoretical and methodological base of the work includes theses of Russian and foreign scientistsconstitutionalists A. Medushevskiy, V.E. Chirkin, L. Fridman, F. Luscher. The theories of political modernization and globalization (A.Yu. Melvil, S. Lantsov, S. Eisenstadt, S. Huntington, I. Wallerstein, Z. Bauman) were used to analyze the functional specificity of constitutional control institute activities in the conditions of forming a global and regional “risk society”, and a new Russian state after the Soviet Union collapse. The empirical base of the study was the following: the Constitution of the Russian Federation; Constitutional and Federal laws of the Russian Federation, other legal documents regulating the activities of state authorities and administration; periodical materials; research results of the leading sociological centers – Russian Public Opinion Research Center (VTsIOM), Levada-Center. Analysis. The stages of forming the constitutional control institution and its transformation should be considered in the context of modernizing the Russian state, its political and legal systems. At the same time, the inconsistency of the statist model of political modernization in Russia has a significant impact on modern institutional reinforcement and the practice of implementing the principle of separation of powers, including the political and legal status of the Constitutional Court of the Russian Federation. The escalation of internal and external risks and threats to the Russian society and state objectively defines a number of restrictions to the comprehensive disclosure of the constitutional justice political potential. Discussion. The main discussion dominants in analysing factors and directions of the constitutional control institute transformation in modern Russia are the following: the degree of rootedness of constitutionalism principles and constitutional values in the public consciousness of Russian citizens, and first of all among the ruling elite; the effectiveness of implementing constitutional control in comparison with other types of control – public, civil, parliamentary, etc.; the indicators of performance of the Constitutional Court of the Russian Federation to strengthen Russia as a legal, democratic state while ensuring stable and safe development of the national society. Results. The article highlights the main stages of the constitutional control institutionalization in the national history. The interrelation of modernization transformations of Russian society and the state with formation and functioning of the Constitutional Court of the Russian Federation is traced. The paper presents the dominant vectors of the constitutional control institute transformation in the Russian political and legal space, taking into account real and potential risks and threats in the personality-society-state system.
18
Yengibaryan, R. V. "Legal cooperation between Russia and the USA: historical roots of modern problems". Journal of Law and Administration 15, n. 2 (10 ottobre 2019): 3–11. http://dx.doi.org/10.24833/2073-8420-2019-2-51-3-11.
Testo completoAbstract (sommario):
Introduction. Relations between Russia and the United States have nearly three centuries of history, and for more than two hundred years the countries had diplomatic relations which were interrupted for sixteen years from 1917 to 1933. Perhaps the XIX century was the most peaceful and fruitful for our countries when the interests of the Russian Empire and the United States on the world stage did not contradict each other, often coincided, thus excluding confrontation between the two nation-states. The XIX century for Russia and the United States was marked by the singing of a number of bilateral treaties, including the treaty on the extradition of criminals, which consolidated their partnership.On the contrary, the XX century is marked by unstable and cyclical relations between the two countries. The rejection of Soviet power, the long period of non-recognition of the Soviet Union was followed in 1933 by mutual multifaceted cooperation between the USSR and the United States, which included the legal sphere, and by the allied relations during the Second World War. The second half of the twentieth century was the time of open confrontation between the two world giants, when the crisis of relations between the USSR and the United States put the world on the brink of world war III. In such conditions, there could be no talk of improving the legal framework of legal cooperation, and the agreement on the procedure for execution of court orders concluded in 1935 did not find its practical application.Modern Russia has assumed the entire burden of problems and contradictions in legal cooperation with the United States. Searching for ways out of them is possible only on the basis of historical analysis of their prerequisites, taking into account the peculiarities of modern international relations.Materials and methods. The methodological basis of the study is the dialectical method of cognition of phenomena in the relationship and mutual conditionality using a set of general and particular scientific methods of cognition of reality. The historical method contributed to the restoration of the chronological sequence of legal cooperation between Russia (USSR) and the United States. The method of actualization made it possible to identify the historical factors that determined the peculiarities of international cooperation in the legal sphere. The method of diachronization made it possible to identify certain successive stages in the development of international legal cooperation between Russia (USSR) and the United States, to compare them, to identify patterns of development.Results. In the framework of the study, the author found that inter-state legal cooperation is an integral part of the foreign policy of states. The international legal basis of cooperation between Russia and the United States in civil, family and criminal cases was created in a different historical era, does not meet modern international relations, and is poorly implemented by the justice authorities of the two States.There is no treaty on legal assistance in civil and family matters that is fundamental to the protection of the rights and legitimate interests of citizens of both States, and there are no provisions on extradition in the Treaty on legal assistance in criminal matters.Discussion and Conclusions. The international legal framework of cooperation between the Russian Federation (and earlier - the Soviet Union) and the United States of America in the legal sphere; the problems of implementation of international legal assistance in civil, family and criminal cases are researched. The main provisions of the Treaty on mutual legal assistance in criminal cases of 2000; multilateral Conventions on the service abroad of judicial and extrajudicial documents in civil or commercial cases of 1965 are analyzed. The 1958 Convention on the recognition and enforcement of foreign arbitral awards, the 1935 Agreement “On the procedure for the execution of court orders between the Union of Soviet Socialist Republics and the United States of America” were explored. The prospects for the development of legal cooperation between Russia and the United States are shown.
19
Yashin, V. B. "STATE OF THE SPHERE OF INTERFAITH RELATIONS IN OMSK (BASED ON THE RESULTS OF SOCIOLOGICAL MONITORING)". KAZAN SOCIALLY-HUMANITARIAN BULLETIN 11, n. 6 (dicembre 2020): 117–21. http://dx.doi.org/10.24153/2079-5912-2020-11-6-117-121.
Testo completoAbstract (sommario):
The strengthening of the role of religion in post-Soviet Russian society, the growing dynamism and instability of processes in the religious sphere led to the inclusion of the religious situation in the range of priority areas of modern religious studies. Of particular relevance is the systematic study of the dynamics of the religious situation in large cities, which are characterized by a complex multi-confessional composition of the population and an accelerated pace of social life. These include the West Siberian city. Omsk: from the very beginning of its history (XVIII century), representatives of different faiths – Orthodox, Muslims, Lutherans, Catholics, Jews, etc. - lived together in it. In the post-Soviet period, there was an increase in the heterogeneity of the composi- tion of citizens on religious grounds. As a result, according to official data From the Department of the Ministry of justice of the Russian Federation for the Omsk region, as of January 2020, only 110 registered religious organizations (excluding religious groups) operate in Omsk, representing 23 confessional areas. Under these conditions, both the scientific and practical significance of monitoring the ethnoconfessional situation in Omsk, which is carried out on an institutional basis, is obvious – in particular, it is provided for in the Plan of main measures to ensure interaction with national-cultural and religious associations operating on the territory of Omsk for 2018 – 2020, approved by the decree of the Omsk city Administration of December 29, 2017. No. 1426-p. The article analyzes the main results of a sociological study conducted as part of the monitoring of the ethnoconfessional situation in Omsk in 2020, commissioned by the city Administration by the Center for humanitarian, socio – economic and political research-2 (GEPICenter-2). It is concluded that at present, traditional positive stability and harmony are preserved in the sphere of inter-confessional relations in Omsk. At the same time, attention is drawn to the growing negative attitude in the public opinion of Omsk residents towards new religious movements and non-traditional confessions in Russia.
20
"Access to Justice: Foreign Persons and Russia's New Arbitration Procedure Code (Part I)". Review of Central and East European Law 32, n. 2 (2007): 121–89. http://dx.doi.org/10.1163/092598807x165613.
Testo completoAbstract (sommario):
AbstractThis article deals with the new rules—and court practice—for the hearing of disputes involving foreigners in state arbitration (commercial) courts of the Russian Federation. It is these courts that have been entrusted with the administration of justice in cases involving entrepreneurship as well as other business and commercial activity in Russia.The author examines, inter alia, questions of the legal status of foreign persons in Russian courts, as well as the enforcement of foreign arbitral awards and court judgments. He also analyzes the mutual relationship between Russian law and international treaties to which Russia is a party that deal with the participation of foreign persons in arbitration courts.
21
Batiuk, O. "NORMATIVE, LEGAL AND ORGANIZATIONAL PRINCIPLES OF DEOCCUPATION OF THE AUTONOMOUS REPUBLIC OF CRIMEA". Scientific journal of the National Academy of National Guard "Honor and Law", 2022, 55–60. http://dx.doi.org/10.33405/2078-7480/2022/3/82/267177.
Testo completoAbstract (sommario):
The provisions of the normative legal acts defining the principles of deoccupation and reintegration of the temporarily occupied territory of the Autonomous Republic of Crimea and the city of Sevastopol are outlined. It is emphasized that a background for international recognition that Ukraine is consistent in its actions to restore territorial integrity that was violated as a result of neglect by the Russian Federation of its international obligations, is a number of legal acts that have been adopted in 2014 and that define the organizational, normative and legal principles of de-occupation and reintegration of the temporarily occupied territory of the Autonomous Republic of Crimea and the city of Sevastopol. Legal relations that are the subject of regulation of deoccupation and reintegration of the temporarily occupied territory of the Autonomous Republic of Crimea and the city of Sevastopol are regulated by the Constitution of Ukraine, laws of Ukraine, in particular "On Ensuring the Citizen's Rights and Freedoms and the Legal Regime on the Temporarily Occupied Territory of Ukraine", "On The Administration Of Justice And Criminal Proceedings In Connection With The Conduct Of The Anti-terrorist Operation", "On Temporary Measures for the Anti-Terrorist Operation Period", "On Ensuring Rights And Freedoms Of Internally Displaced Persons", "On Military-Civilian Administrations", "On The Peculiarities Of State Policy To Ensure The State Sovereignty Of Ukraine On The Temporarily Occupied Territories In The Donetsk And Luhansk Regions", etc., by international treaties, the consent of which was given by the Verkhovna Rada of Ukraine to be binding. It was concluded that the activity of the occupying forces and occupation administrations of Russia directly contradicts the norms of international law, is illegal, and any act issued in connection with such activity is invalid and does not create any legal consequences. Normative and legal acts of the aggressor state that are related to temporary occupation, normative and legal acts of the occupying forces and occupation administrations of Russia are null and void and do not create any legal consequences. The nullity of these acts is not subject to appeal and cannot be annulled.
22
Fedorenko, Vladislav, e Maksym Fedorenko. "Russia’s Military Invasion of Ukraine in 2022: Aim, Reasons, and Implications". Krytyka Prawa 14, n. 1 (15 marzo 2022). http://dx.doi.org/10.7206/kp.2080-1084.506.
Testo completoAbstract (sommario):
The publication examines the legal nature of wars, looks into the law of war genesis, reviews its conventions, as well as identifies the aim, objectives, causes together with the consequences of Russia’s military aggression on February 24, 2022; it provides a testimony on the war of aggression against Ukraine and identifies its threats to post-war international law and order. The aim of the article is to determine the background, nature, fundamentals and nature of the war the Russian Federation launched on February 24, 2022 against Ukraine within the context of confrontation with the values of Western democracy. Historical-legal dialectical, comparative-legal and system-structural methods, as well as methods of formal logic (induction and deduction, analysis and synthesis, abstraction and concretization, etc.) were used to study the issues. The application of these research methods entails a cross-sectoral scientific nature. Wars have accompanied the entire history of mankind. Since the 17th century the theoretical foundations of the law of war have been laid, which enshrined in international laws and customs of warfare (Geneva Conventions, Hague Convention, etc.) since the 19th century, thus forming the international humanitarian law. After World War II, violations of the latter by the belligerent party are viewed by the world community no less harshly than the mere war. The paper questions the purpose, reasons, conditions and intermediate consequences of the war of the Russian Federation against Ukraine. Obviously, the military aggression and the Russian invasion on February 24, 2022 marked the beginning of the de facto war, under a specific formal definition by a Russian official as a “special military operation” instead of naming it an attempt to avoid legal responsibility for war crimes committed in Ukraine. The article analyses the aggressive nature of this war on the part of the Russian Federation, demonstrates numerous violations of international law conventions by the Russian armed forces during the military invasion and temporary occupied territories in Ukraine. It emphasizes that the law of war has always been replaced by signing a peace treaty and relevant international agreements, which entails the obligation to severe the political, economic, and legal responsibility of the state violating international humanitarian law. The paper reviews the key institutions and legal tools for bringing the Russian Federation authorities to justice for the war crimes committed in Ukraine. So far, the President of Ukraine, the Supreme Council of Ukraine, and the Cabinet of Ministers of Ukraine have managed to apply legitimate international legal mechanisms, primarily the International Criminal Court and the UN Security Council, to prosecute Russia for violating the international humanitarian law and committing war crimes in Ukraine. At the same time, on the Ukrainian territories currently liberated from the Russian army’s occupation (Bucha, Gostomel, Irpin, etc.), it is already possible to implement a special mechanism of justice, which consists in the collaboration between national and international experts: specialists, investigators, prosecutors, and judges to collect objective and impartial evidence of gross violations of international law and war conventions in Ukraine. It is obvious that for Ukraine today both the victory and just punishment for the committed and continuing committed war crimes on its territory are important. The aftermath of World War II’s “Never Again” now requires, as never before, its effective guarantee and protection