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The influence of occupational burnout of a lawyer on communication capabilities 律师职业倦怠对沟通能力的影响
Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-01-13 DOI: 10.17803/2311-5998.2023.110.10.105-113
P. E. Marcheva
{"title":"The influence of occupational burnout of a lawyer on communication capabilities","authors":"P. E. Marcheva","doi":"10.17803/2311-5998.2023.110.10.105-113","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.110.10.105-113","url":null,"abstract":"The article examines aspects of oral and written courtroom communication of a lawyer and the impact of occupational burnout of a lawyer on communication capabilities. The article pays attention to the risk factors of occupational burnout of a lawyer, as well as to the analysis of its effect on courtroom communication at three levels: individual-psychological, interpersonal and organizational. The necessity to manage the risk of occupational burnout of a lawyer with the use of interdisciplinary and interdepartmental interaction is justified. Among the options proposed by the author to solve the problem of occupational burnout are such forms of interaction as joint lessons for lawyers and representatives of other caring professions and advanced training courses for lawyers. It is also proposed to adapt special correctional programs that are developed to prevent and overcome the syndrome of occupational burnout among representatives of caring professions.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":" 32","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139623574","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Psychological aspects of using online communication in court proceedings 在法庭诉讼中使用在线交流的心理问题
Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-01-13 DOI: 10.17803/2311-5998.2023.110.10.114-119
L. A. Skabelina
{"title":"Psychological aspects of using online communication in court proceedings","authors":"L. A. Skabelina","doi":"10.17803/2311-5998.2023.110.10.114-119","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.110.10.114-119","url":null,"abstract":"The article is devoted to psychological aspects of using online communication in court. It is noted that in connection with the development of new information technologies, the Russian legislator has in increasingly begun to introduce into court proceedings such methods of communication between the court other participants in the process, such as video conferencing. This indicates the relevance of the research topic and the need to consider the question of how distance technologies are changing communication in court. The author analyzes negative psychological aspects of online court sessions. Taking into account the existing specifics of modern video conferencing the question is raised about feasibility of developing psychological skills of lawyers.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":" 19","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139623330","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Features of interaction between participants and the court in considering cases using web conferencing in Arbitration Courts 仲裁院使用网络会议审理案件时参与者与法院之间互动的特点
Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-01-13 DOI: 10.17803/2311-5998.2023.110.10.127-135
J. V. Tikhomirova, V. V. Shkarevskaya
{"title":"Features of interaction between participants and the court in considering cases using web conferencing in Arbitration Courts","authors":"J. V. Tikhomirova, V. V. Shkarevskaya","doi":"10.17803/2311-5998.2023.110.10.127-135","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.110.10.127-135","url":null,"abstract":"This article is dedicated to exploring the intricacies of interaction between participants of legal proceedings and the court within the context of case hearings utilizing web conferencing in Arbitration Courts. The analysis delves into both the positive and negative aspects of the online format in legal procedures and provides recommendations for optimal preparation for virtual sessions and adherence to etiquette within this framework.The article scrutinizes two major groups of issues; the first pertains to filing requests for participation in court sessions through online conferencing services and communication with the court at this stage, while the second deals with direct involvement in court sessions and the nuances of interacting with the court “through the screen”.The research demonstrates that the employment of web conferencing in Arbitration Courts brings several advantages, such as time and resource efficiency. However, it also presents its own drawbacks, associated with technical problems and limited communication possibilities.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":" 16","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139623631","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Methods of Manipulative Influence in the Judicial Defensive Speech of F. N. Plevako in the Case of P. Kachka F. N. Plevako 在 P. Kachka 案件中的司法辩护词中的操纵性影响方法
Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-01-13 DOI: 10.17803/2311-5998.2023.110.10.088-095
A. Kokurin, V. Petrov
{"title":"Methods of Manipulative Influence in the Judicial Defensive Speech of F. N. Plevako in the Case of P. Kachka","authors":"A. Kokurin, V. Petrov","doi":"10.17803/2311-5998.2023.110.10.088-095","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.110.10.088-095","url":null,"abstract":"This article presents a psychological analysis of F. N. Plevako’s speech in the case of Praskovya Kachka, which resulted in both the identification of “conscientious” speech techniques (appeal to the values of the jury and the defendants, the formation of value judgments regarding the aspects of the trial that are important for the lawyer), and manipulative methods that affect the subconscious (gaslighting, projection, shame manipulation and substitution of concepts). The expressive means of judicial speech, especially the metaphors used by the defense counsel, increased the manipulative impact on the participants in the court session. The manipulative influence was carried out by F. N. Plevako according to the scheme: the defender — the audience of the court session, super-motivated by the result of the defense speech — the jury. Only the defender’s subjective perception of the norms of professional ethics of a lawyer determined the conscientiousness, correctness and appropriateness of the methods of manipulative influence used, while these aspects had no direct connection with the actual circumstances of the case.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":"6 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139531155","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Judicial investigation in a jury trial as a way of communication between participants: procedural features and modern possibilities 陪审团审判中的司法调查作为参与者之间沟通的一种方式：程序特点和现代可能性
Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-01-13 DOI: 10.17803/2311-5998.2023.110.10.096-104
T. Y. Markova
{"title":"Judicial investigation in a jury trial as a way of communication between participants: procedural features and modern possibilities","authors":"T. Y. Markova","doi":"10.17803/2311-5998.2023.110.10.096-104","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.110.10.096-104","url":null,"abstract":"The Code of Criminal Procedure of the Russian Federation establishes several forms of consideration and resolution of criminal cases in the court of first instance. One of the forms of criminal proceedings is the consideration of cases with the participation of jurors. This form has its own procedural features, due to the delimitation of competence between a professional judge and a jury. Features are typical for the judicial investigation, which, as the main form of communication between the participants in the process, begins with the opening statements of the parties and has a limitation on the evidence examined in the presence of the jury. The article analyzes these features from the point of view of theory and established judicial practice, provides recommendations for successful interaction with jurors. It is stated that the procedural features entail the use of a special tactic for presenting evidence to the jury, the need to simplify, visualize evidentiary information. It is concluded that in order to simplify and visualize the available information, it is currently necessary to use modern technical developments and achievements.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":" 15","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139623782","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Judicial Ethics in Judicial Communication: the Experience of the French Republic 司法交流中的司法伦理：法兰西共和国的经验
Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-01-13 DOI: 10.17803/2311-5998.2023.110.10.120-126
A. A. Solovyev
{"title":"Judicial Ethics in Judicial Communication: the Experience of the French Republic","authors":"A. A. Solovyev","doi":"10.17803/2311-5998.2023.110.10.120-126","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.110.10.120-126","url":null,"abstract":"When administering justice, judges are guided by certain ethical principles. These principles also apply to judicial communication (the interaction of the court with participants in legal proceedings.The author considers foreign experience in regulating the ethical aspects of judicial communication on the example of the French Republic. Relevant provisions are contained in the Compendium of Ethical Obligations of Magistrates.The embodiment in judicial communication of such important ethical principles of magistrates’ behavior as independence, impartiality, honesty and decency, dignity, respect and attention to others, correctness and restraint is analyzed.In addition, attention is paid to the ethical issues of judicial communication before the court session, during the court session, during the meeting of judges and when making a decision.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":" 14","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139623783","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Judicial communication and the reasoning part of the court decision. About the future of civil procedure 司法交流与法院判决的推理部分。关于民事诉讼程序的未来
Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-01-11 DOI: 10.17803/2311-5998.2023.110.10.063-069
I. I. Chenykh
{"title":"Judicial communication and the reasoning part of the court decision. About the future of civil procedure","authors":"I. I. Chenykh","doi":"10.17803/2311-5998.2023.110.10.063-069","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.110.10.063-069","url":null,"abstract":"The analysis of judicial communication, conducted in thus article, focuses on its institutional significance for civil procedure. For this aim, existing formulations of the purpose of civil litigation are critically examined. The author’s concept is formulated, according to which the objectively grouped goals of civil proceedings are: authoritative provision of the results of judicial (formal) resolution of the conflict, bringing into a publicity accessible form (information) of the motives of the parties to the conflict and summarizing by the court of the analysis of communication conducted by him. The article includes a visionary legal study concerning the projection of the posthumanist picture of the world on the content of civil disputes, conditioning the value of judicial communication and systematic presentation by the court of the results of its analysis.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":" 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139626352","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Web conference as a modern model of interaction between the court and participants in the process: shortcomings of legal regulation and prospects for use 网络会议作为法院与程序参与者之间互动的现代模式：法律规定的缺陷和使用前景
Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-01-11 DOI: 10.17803/2311-5998.2023.110.10.079-087
S. S. Kazikhanova
{"title":"Web conference as a modern model of interaction between the court and participants in the process: shortcomings of legal regulation and prospects for use","authors":"S. S. Kazikhanova","doi":"10.17803/2311-5998.2023.110.10.079-087","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.110.10.079-087","url":null,"abstract":"The article analyzes the new provisions of civil procedural codes on participation in a court session by using a web conference system. The effectiveness of introducing online hearings into the process is assessed taking into account various factors of interaction between the court and the participants in the process (technical, psychological, legal). At the same time, the key question is whether the guarantees of the civil procedural form are preserved in such communication. The author comes to the conclusion that the existing legal regulation does not allow using the full potential of this modern technology, which could serve to strengthen a number of procedural guarantees. At the same time, insufficient regulation of such a format of interaction creates serious threats to the operation of the principle of immediacy and the closely related principle of objective (judicial) truth. The article suggests expanding the grounds for refusing to participate in court sessions online, and in cases where a legal issue is resolved in court sessions without summoning persons involved in the case, on the contrary, it is proposed to provide for mandatory online meetings.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":" 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139626509","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Communicative approach to law and some issues of the subject and methodology of civil procedural law science 法律的沟通方法与民事诉讼法学的主体和方法论的若干问题
Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-01-11 DOI: 10.17803/2311-5998.2023.110.10.055-062
M. V. Samsonova
{"title":"Communicative approach to law and some issues of the subject and methodology of civil procedural law science","authors":"M. V. Samsonova","doi":"10.17803/2311-5998.2023.110.10.055-062","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.110.10.055-062","url":null,"abstract":"The civil process is viewed through the prism of a communicative approach to understanding law as the interaction of persons interested in finding the best solution to resolve the conflict that has arisen. The communicative approach makes it possible to identify barriers and difficulties for effective communication, to develop new approaches to solving the problems of civil proceedings, to take a fresh look at its internal structure, interaction with other non-judicial procedures for the protection of subjective law. The view of civil procedure as a sphere of communication justifies the appeal to the laws of information dissemination, perception of transmitted messages, reveals the importance of information interaction before going to court and during the consideration of the case in court, the impact on the final decision, which, in the author’s opinion, is the basis for raising the issue of expanding the subject and methodology of the science of civil procedural law.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":" 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139625510","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Speech Manipulation and Perception of Oral Speech in Court‑Hearing Online Communication 法庭听证在线交流中的语音操纵与口头发言感知
Courier of Kutafin Moscow State Law University (MSAL)) Pub Date : 2024-01-11 DOI: 10.17803/2311-5998.2023.110.10.070-078
E. Galyashina
{"title":"Speech Manipulation and Perception of Oral Speech in Court‑Hearing Online Communication","authors":"E. Galyashina","doi":"10.17803/2311-5998.2023.110.10.070-078","DOIUrl":"https://doi.org/10.17803/2311-5998.2023.110.10.070-078","url":null,"abstract":"The article considers the peculiarity of speech communication in the conditions of the use of remote technologies (videoconferencing) by the participants of the process in relation to the possibility of using manipulative speech means of influencing the addressee. The influence of technical communication channels and means of sound reproduction, which introduce distortions into speech signals, on the production and perception of speech is noted. It is concluded that the participants, directly and remotely present in the courtroom, have different opportunities to use the arsenal of verbal and non-verbal means of persuading the court through manipulative and non-manipulative influence.","PeriodicalId":238867,"journal":{"name":"Courier of Kutafin Moscow State Law University (MSAL))","volume":" 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139625711","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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