Court administratorPub Date : 2022-02-10DOI: 10.18572/2072-3636-2022-1-51-53
N. Sheremetyeva
{"title":"Peculiarities of Laws on Registration of Rights to Real Estate and Transactions Therewith","authors":"N. Sheremetyeva","doi":"10.18572/2072-3636-2022-1-51-53","DOIUrl":"https://doi.org/10.18572/2072-3636-2022-1-51-53","url":null,"abstract":"The relevance of the study of legislation on registration of rights to real estate lies in the fact that ownership of real estate — a fundamental constitutional human right — arises only after the onset of a legal fact, which is state registration. The article, using classification, systemic and comparative methods, examines in detail the Federal Law No. 218-FZ, which is the main one in the system of laws governing the registration of rights to real estate and transactions with it. The article also analyzes the changes made to the legislation to eliminate shortcomings in legal regulation. As a result of the study, it was revealed that deficiencies in the legislation cannot be completely eliminated, which indicates the dynamism of civil legal relations related to real estate. Problems identified in practice can be resolved through judicial interpretation of legal norms or through the application of constitutional norms.","PeriodicalId":301802,"journal":{"name":"Court administrator","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114659487","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}
Court administratorPub Date : 2022-02-10DOI: 10.18572/2072-3636-2022-1-26-27
A. A. Romanov
{"title":"Court Costs in the Civil Procedure: Peculiarities of Adjudication in Case of Payment by Other Entities","authors":"A. A. Romanov","doi":"10.18572/2072-3636-2022-1-26-27","DOIUrl":"https://doi.org/10.18572/2072-3636-2022-1-26-27","url":null,"abstract":"The article is devoted to the procedures for the payment of court costs by persons who are not participants in the case (representatives of the parties, etc.) due to the peculiarities of Russian tax law and accounting legislation and the issues of further awarding of court costs incurred following the adoption of the final judicial act in the case.","PeriodicalId":301802,"journal":{"name":"Court administrator","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121377023","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}
Court administratorPub Date : 2022-02-10DOI: 10.18572/2072-3636-2022-1-28-31
E. V. Zhukov, Anastasia E. Zhukova
{"title":"P eculiarities of Exercising of the Constitutional Right to Judicial Protection in a Commercial Court","authors":"E. V. Zhukov, Anastasia E. Zhukova","doi":"10.18572/2072-3636-2022-1-28-31","DOIUrl":"https://doi.org/10.18572/2072-3636-2022-1-28-31","url":null,"abstract":"The relevance of the problem under study lies in the fact that today the judicial system of the Russian Federation is undergoing significant changes, the improvement of the court system. This article is aimed at identifying the advantages and disadvantages of arbitration proceedings. The leading methods for the study of this problem are theoretical, namely: analysis, synthesis, comparison, generalization, modeling; mathematical and statistical methods — comparative methods, quantitative and qualitative analysis. The result of this scientific work is an understanding of the significance and peculiarities of arbitration proceedings in the Russian Federation, identification of all components of arbitration procedural relations, a list of arbitrable disputes is highlighted, as well as the conditions that the plaintiff must follow when applying to the court for the protection of his violated and/or disputed rights. After analyzing the features of the arbitration protection of violated and/or contested rights, one can come to the conclusion that arbitration proceedings are in demand among other types of litigation.","PeriodicalId":301802,"journal":{"name":"Court administrator","volume":"147 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124225183","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}
Court administratorPub Date : 2022-02-10DOI: 10.18572/2072-3636-2022-1-21-25
A. B. Stepin
{"title":"Customs of the Law Enforcement Practice as a Means of Protection of Civil Rights of Parties to Economic Relations","authors":"A. B. Stepin","doi":"10.18572/2072-3636-2022-1-21-25","DOIUrl":"https://doi.org/10.18572/2072-3636-2022-1-21-25","url":null,"abstract":"The customs of law enforcement practice are an expression of the effectiveness of the judicial and administrative procedure for resolving the conflict (Article 11 of the Civil Code of the Russian Federation). Implemented as rules-regulations, rules-requirements, rules-restrictions, rules-goals (preventing actions, fulfilling requirements) they express the objectified experience of individual legal activity. Despite the similarity of customs with related concepts (custom, routine, legal principles, legal positions), their existence is not proved, and they cannot be changed at the will of the participants in the legal relationship. In contrast to the custom, the party that refers to it must prove the existence of the custom (Article 65 of the APC of the Russian Federation). In contrast to the established order, customs may refer to unwritten individual regulation, despite their enforcement nature. From the legal principles and legal positions of the higher courts, as a form of guiding judicial practice, the customs reflect the development of current practice.","PeriodicalId":301802,"journal":{"name":"Court administrator","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129635581","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}
Court administratorPub Date : 2022-02-10DOI: 10.18572/2072-3636-2022-1-42-46
Vitaly S. Kononov
{"title":"The Content and Essence of Public Property: The Practice of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation","authors":"Vitaly S. Kononov","doi":"10.18572/2072-3636-2022-1-42-46","DOIUrl":"https://doi.org/10.18572/2072-3636-2022-1-42-46","url":null,"abstract":"The ruling’s of Constitutional Court of the Russian Federation and Supreme Court of the Russian Federation in the matter of realizing rights of public property by public institutions, relationships between public property and common interests of population of a territorial public entity are analyzed in the article. The article is concerned with the reasons of legal position of the courts on recognition of the special legal capacity of public authorities in property relations.","PeriodicalId":301802,"journal":{"name":"Court administrator","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126891380","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}
Court administratorPub Date : 2022-02-10DOI: 10.18572/2072-3636-2022-1-16-20
R. G. Bikmiev, R. S. Burganov
{"title":"Popularization and Promotion of Informatization of the Judicial Procedure","authors":"R. G. Bikmiev, R. S. Burganov","doi":"10.18572/2072-3636-2022-1-16-20","DOIUrl":"https://doi.org/10.18572/2072-3636-2022-1-16-20","url":null,"abstract":"The article is dedicated to the means that need to be adopted to raise the efficiency of the introduction of electronic document flow in courts. The authors review the reasons why the developed and deployed software is not used by courts as actively as planned. The article brings forward a number of legislative, organizational and ideological proposals for the promotion of the electronic judicial procedure.","PeriodicalId":301802,"journal":{"name":"Court administrator","volume":"93 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125221614","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}
{"title":"The Justice State Automated System: The Experience of General Jurisdiction Courts of the Nizhny Novgorod Region in the Use of Electronic Justice Services","authors":"Fedor V. Schukin, T. V. Fetisova","doi":"10.18572/2072-3636-2022-1-6-11","DOIUrl":"https://doi.org/10.18572/2072-3636-2022-1-6-11","url":null,"abstract":"Against the background of recent large-scale technological changes, special attention is paid to the issues of the use of digital services in the justice administration system. The article studies the experience of the introduction of electronic justice elements by general jurisdiction courts of the Nizhny Novgorod region, justifies the efficiency of pilot projects based on the Justice state automated system. The purpose of the research lies in the analysis of the practice of the use of functional opportunities of services of the Justice state automated system by general jurisdiction courts of the Nizhny Novgorod region, development of recommendations for raising the efficiency of events in the electronic justice establishment sphere. The paper uses empirical, systemic, analytical research methods and fact-based materials characterizing the process of introduction of electronic justice elements in the Nizhny Novgorod region. Results of the research: the key tendencies of the use of electronic justice services by general jurisdiction courts of the Nizhny Novgorod region are analyzed; the efficiency of the implementation of a number of pilot projects based on the Justice state automated system is justified, a quantitative and qualitative evaluation of electronic inter-departmental cooperation between courts of the Nizhny Novgorod region is given, testing of the method of multi-criteria ranking of operations of courts in terms of the introduction of electronic justice elements is shown.","PeriodicalId":301802,"journal":{"name":"Court administrator","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116762472","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}
{"title":"Establishment and Maintenance of Security of Judicial Activities in New Epidemiological Conditions","authors":"A. V. Orlov","doi":"10.18572/2072-3636-2022-1-2-5","DOIUrl":"https://doi.org/10.18572/2072-3636-2022-1-2-5","url":null,"abstract":"The article is an analysis of the practice of applying measures by courts to counter the spread of a new coronavirus infection. Proposals are made for the targeted reform of procedural legislation, taking into account the nature of the current anti-coronavirus restrictions, as well as the norms governing the organization and provision of judicial activities.","PeriodicalId":301802,"journal":{"name":"Court administrator","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114751170","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}
Court administratorPub Date : 2022-02-10DOI: 10.18572/2072-3636-2022-1-47-50
Anastasia M. Maltseva
{"title":"Online Court Sessions as a Form of Exercising of the Right to Judicial Protection","authors":"Anastasia M. Maltseva","doi":"10.18572/2072-3636-2022-1-47-50","DOIUrl":"https://doi.org/10.18572/2072-3636-2022-1-47-50","url":null,"abstract":"The article is devoted to the analysis of the procedure of online court sessions in the context of the implementation of the constitutional right to judicial protection. In particular, the author examines the problem of the use of unregulated private programs and videoconferencing services by courts. The author concludes that the use of such programs and services is associated with several significant risks, in connection with which the question of their use should be brought up for discussion by the persons involved in a particular case. It is proposed to fix directly in the legislation the consequences of the impossibility of participating in an online court session for technical reasons.","PeriodicalId":301802,"journal":{"name":"Court administrator","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128966937","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}
Court administratorPub Date : 2022-02-10DOI: 10.18572/2072-3636-2022-1-32-34
Y. Lukonina
{"title":"Due Notification in the Era of Digitalization of Justice in Civil Cases","authors":"Y. Lukonina","doi":"10.18572/2072-3636-2022-1-32-34","DOIUrl":"https://doi.org/10.18572/2072-3636-2022-1-32-34","url":null,"abstract":"The article raises the problem of notifying the participants in the civil procedure. The analysis is carried out on the institution of notification of persons participating in the case, through the prism of digitalization of the administration of justice in civil cases. The author examines the nature of the judicial notice, defining the conditions for the recognition of the notice as appropriate. The comparative legal method of scientific knowledge makes it possible to draw a parallel with the arbitration process and identify gaps in the legal regulation of the definition of proper notification in the civil procedural legislation. As digital configurations of judicial notice, the author provides examples of notification by means of SMS messages, as well as using the functionality of the courts’ official websites on the Internet and e-mail. The conditions for the recognition of such methods as appropriate are considered. The dialectic of digitalization of judicial notice in Russia is traced. For comparison, it is used the experience of foreign countries (Italy, South Korea, Great Britain). Based on the results obtained, taking into account innovations in the field of personal identification in the information and communication network Internet, it is determined a new method of notifying persons participating in the case using instant messengers. The author investigates the possibility of recognizing this method as appropriate, points out the merits of its use and the rationality of its recognition as an acceptable means of communication on the part of the judicial system.","PeriodicalId":301802,"journal":{"name":"Court administrator","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131668772","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}