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On the Correlation between the “Electronic Justice” and “Electronic Proceedings” Categories within the Framework of Jurimetrics 法学框架下“电子司法”与“电子诉讼”范畴的相关性研究
Court administrator Pub Date : 2021-06-10 DOI: 10.18572/2072-3636-2021-2-3-6
S. F. Afanasyev
{"title":"On the Correlation between the “Electronic Justice” and “Electronic Proceedings” Categories within the Framework of Jurimetrics","authors":"S. F. Afanasyev","doi":"10.18572/2072-3636-2021-2-3-6","DOIUrl":"https://doi.org/10.18572/2072-3636-2021-2-3-6","url":null,"abstract":"The article is devoted to the disclosure of the essence of electronic justice and judicial informatization, as well as the distinction between the categories of «electronic justice» and «electronic proceedings». The relevance of the research topic is evidenced by the fact that a variety of digital innovations are increasingly actively integrating into legal reality, penetrating into law enforcement practice, including in the field of the administration of justice, clothed in one or another normatively fixed procedural form. In order to form a comprehensive understanding of e-justice and e-justice, general scientific and private law (historical-legal, formal-legal, comparative-legal) methods are used. It is noted that recently, when revealing the inherent nature of e-justice in the framework of law, the attention of analysts has gradually shifted from the technological side of the issue in favor of the fact that biological intelligence in the implementation of justice can be quite successfully combined with artificial. It is argued that e-justice is nothing more than a set of generally binding legal directives allowing judicial institutions and participants in proceedings to implement their procedural actions in a digital paradigm. It is proved that judicial informatization is the essence of automated technical and managerial programming techniques that focus exclusively on subsidiary organizational and logistical aspects that accompany the entire course of the administration of justice in its various procedural forms and do not replace it.","PeriodicalId":301802,"journal":{"name":"Court administrator","volume":"48 7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130615763","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: 1
Resolution of Cases in the Constitutional Court of the Russian Federation without a Hearing: History, Problems, Tendencies 俄罗斯联邦宪法法院不经听证解决案件:历史、问题和趋势
Court administrator Pub Date : 2021-06-10 DOI: 10.18572/2072-3636-2021-2-42-46
O. V. Brezhnev
{"title":"Resolution of Cases in the Constitutional Court of the Russian Federation without a Hearing: History, Problems, Tendencies","authors":"O. V. Brezhnev","doi":"10.18572/2072-3636-2021-2-42-46","DOIUrl":"https://doi.org/10.18572/2072-3636-2021-2-42-46","url":null,"abstract":"The article reveals the legal nature of resolving cases without holding a hearing (written proceedings) as an organizational form of Russian constitutional legal proceedings. The main stages in the development of legislative regulation of this form of legal proceedings, as well as the trends inherent in each of these stages, are shown: from the use of the written form solely for checking the constitutionality of norms similar to those previously recognized as unconstitutional, to its wider use when, in the opinion of the Constitutional Court of the Russian Federation, there is no need for an oral presentation of the party’s position. The existing gaps and contradictions in the regulation of this institution of constitutional proceedings have been studied.","PeriodicalId":301802,"journal":{"name":"Court administrator","volume":"10 23","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120930774","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
On the Nature of Writ Proceedings 论令状诉讼的性质
Court administrator Pub Date : 2021-06-10 DOI: 10.18572/2072-3636-2021-2-25-29
V. V. Neretina
{"title":"On the Nature of Writ Proceedings","authors":"V. V. Neretina","doi":"10.18572/2072-3636-2021-2-25-29","DOIUrl":"https://doi.org/10.18572/2072-3636-2021-2-25-29","url":null,"abstract":"The article reviews the issues of the determination of the legal nature of writ proceedings. The author describes the main historical stages of the establishment of writ proceedings in the civil procedure law of the Russian Federation. The article analyzes different scientific views on the essence of writ proceedings, studies the issues of the presence of the civil procedure form in writ proceedings, identifies the essence of indisputability of cases reviewed within writ proceedings. The author concludes that writ proceedings should be reviewed as an independent type of civil proceedings being simplified as compared to general proceedings.","PeriodicalId":301802,"journal":{"name":"Court administrator","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116981361","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
Presiding Judge and Court Administrator in the Conditions of Legal Reality 法律现实条件下的主审法官与法院行政官
Court administrator Pub Date : 2021-02-25 DOI: 10.18572/2072-3636-2021-1-13-15
E. Koroleva
{"title":"Presiding Judge and Court Administrator in the Conditions of Legal Reality","authors":"E. Koroleva","doi":"10.18572/2072-3636-2021-1-13-15","DOIUrl":"https://doi.org/10.18572/2072-3636-2021-1-13-15","url":null,"abstract":"In the theory of law, the main prerequisite for the introduction of the institution of the court administrator was the so-called unloading of the Chairman from part of the organizational and administrative functions. In this article, the author reveals the conflict between the understanding of the status of the Chairman and administrator of the court with the legal reality, the stages of formation and correction of the institution under study. Despite the fact that the doctrine has long discussed the need for such a specialist as a court administrator, his position in the judicial system, the limits of competence are significantly limited and do not allow achieving the goals set by the legislator. In the article, the author tries to reveal the reasons for this discrepancy, problems of interaction, double subordination and subordination of the Chairman and administrator of the court, guided by regulations, expert assessments, comments of representatives of the judicial community.","PeriodicalId":301802,"journal":{"name":"Court administrator","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128365826","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
Peculiarities of the Judicial Representation Institution in a Civil Procedure 民事诉讼中司法代理制度的特点
Court administrator Pub Date : 2021-02-25 DOI: 10.18572/2072-3636-2021-1-30-33
Larisa V. Potapova
{"title":"Peculiarities of the Judicial Representation Institution in a Civil Procedure","authors":"Larisa V. Potapova","doi":"10.18572/2072-3636-2021-1-30-33","DOIUrl":"https://doi.org/10.18572/2072-3636-2021-1-30-33","url":null,"abstract":"The article discusses the relevance of the application of the rules governing judicial representation in civil proceedings. The article analyzes the scientific points of view that reveal the essential and meaningful characteristics of this term, on the basis of which it was possible to identify that judicial representation is considered as an activity, institution and legal relationship. The key features of judicial representation and its features are defined. On the basis of the research, conceptual conclusions are formulated about the significance of this institution for the entire system of civil procedure law.","PeriodicalId":301802,"journal":{"name":"Court administrator","volume":"125 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114149072","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
The Composition, Structure of the Superior Judicial Council of the Republic of Tunisia and the Operation Procedure of Its Agencies 突尼斯共和国最高司法委员会的组成、结构及其各机构的运作程序
Court administrator Pub Date : 2021-02-25 DOI: 10.18572/2072-3636-2021-1-49-54
A. Solovyev
{"title":"The Composition, Structure of the Superior Judicial Council of the Republic of Tunisia and the Operation Procedure of Its Agencies","authors":"A. Solovyev","doi":"10.18572/2072-3636-2021-1-49-54","DOIUrl":"https://doi.org/10.18572/2072-3636-2021-1-49-54","url":null,"abstract":"The article is focused on a judiciary organ of the Republic of Tunisia — the Higher Magistracy Council (Supreme Judicial Council). The author dwells on the basics of the legal status of the Higher Magistracy Council of Tunisia; explores its structure, which is composed of four bodies, i.e. the Judiciary Council, the Administrative Judicial Council, the Financial Judicial Council and the General Assembly (Plenary Assembly) of the three judicial councils; contemplates the election procedure and main requirements for the prospective candidates to its organs. The main focus is as well laid on the routine of the Council, its working bodies and structural divisions.","PeriodicalId":301802,"journal":{"name":"Court administrator","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125295284","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
The Use of Modern Information Technology in Judicial Review of Complaints in Pre-Trial Proceedings 现代信息技术在诉前司法审查中的应用
Court administrator Pub Date : 2021-02-25 DOI: 10.18572/2072-3636-2021-1-20-24
E. Mirgorodskaya
{"title":"The Use of Modern Information Technology in Judicial Review of Complaints in Pre-Trial Proceedings","authors":"E. Mirgorodskaya","doi":"10.18572/2072-3636-2021-1-20-24","DOIUrl":"https://doi.org/10.18572/2072-3636-2021-1-20-24","url":null,"abstract":"This article is devoted to the topical issue of the institution of judicial control — ensuring the right to access to justice in the context of digitalization of public relations. According to the analysis of the statistical data of the Judicial Department of the Russian Federation, on the lion’s share of complaints (about 70%) accepted for proceedings, decisions are made to terminate proceedings on various grounds, and only a third of the complaints are decided to satisfy or refuse to satisfy the complaint. The author has analyzed the main reasons for the termination of the proceedings on the complaint, taking into account the existing current judicial practice. The practical significance of the work lies in the availability of proposals for resolving existing problems that are practically oriented towards the judicial system, taking into account the use of modern information technology of the state automated system «Justice» and video conferencing systems. In order to improve judicial control in pre-trial proceedings, the author’s vision of making changes at the legislative level was formulated by amending Part 2 of Art. 125 of the Criminal Procedure Code of the Russian Federation.","PeriodicalId":301802,"journal":{"name":"Court administrator","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115625254","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
Mediation in Civil Proceedings of the Republic of Armenia 亚美尼亚共和国民事诉讼中的调解
Court administrator Pub Date : 2021-02-25 DOI: 10.18572/2072-3636-2021-1-55-56
Lusine O. Tasalyan
{"title":"Mediation in Civil Proceedings of the Republic of Armenia","authors":"Lusine O. Tasalyan","doi":"10.18572/2072-3636-2021-1-55-56","DOIUrl":"https://doi.org/10.18572/2072-3636-2021-1-55-56","url":null,"abstract":"This work is related to the new developments of the Institute of civil procedure of the Republic of Armenia, in particular, to reconciliation. The article deals with the introduction of the Institute of reconciliation and its features in civil proceedings. The necessary research and suggestions were made․","PeriodicalId":301802,"journal":{"name":"Court administrator","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128789639","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
Organizational and Legal Issues Related to the Introduction of the Investigating Judge Institution in the Russian Federation 与俄罗斯联邦引入调查法官制度有关的组织和法律问题
Court administrator Pub Date : 2021-02-25 DOI: 10.18572/2072-3636-2021-1-8-12
A. V. Petryakova
{"title":"Organizational and Legal Issues Related to the Introduction of the Investigating Judge Institution in the Russian Federation","authors":"A. V. Petryakova","doi":"10.18572/2072-3636-2021-1-8-12","DOIUrl":"https://doi.org/10.18572/2072-3636-2021-1-8-12","url":null,"abstract":"The procedure of introduction of the institute of investigative judges into the judicial system of the Russian Federation requires a deep, comprehensive theoretical study at the interdisciplinary level. Procedural scientists put forward several concepts for the introduction of this legal institution and justify its special, significant role in the strengthening the human rights function of the court. However, there are currently not many studies devoted to the issues of structuring the updated judicial system of Russia with the inclusion of the institute of investigative judges in it. Is it possible that the lack of theoretical study of the issues of structuring and modeling the judicial system due to the introduction of a new element in it — the institute of investigative judges — hinders the reform? The author summarizes and analyzes the existing opinions of researchers about the place of the institute of investigative judges in the Russian court system and expresses his position on this issue, which may seem worthy of attention","PeriodicalId":301802,"journal":{"name":"Court administrator","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131002759","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
Procedural Duties of the Parties in a Civil Procedure 民事诉讼当事人的程序义务
Court administrator Pub Date : 2021-02-25 DOI: 10.18572/2072-3636-2021-1-25-29
N. Gribov
{"title":"Procedural Duties of the Parties in a Civil Procedure","authors":"N. Gribov","doi":"10.18572/2072-3636-2021-1-25-29","DOIUrl":"https://doi.org/10.18572/2072-3636-2021-1-25-29","url":null,"abstract":"The purpose of this article is to highlight the specific procedural obligations of the parties in the civil proceedings. Based on the results of the study, the author identifies the following obligations: use procedural rights in good faith, show respect for the court or other persons involved in the case, inform the court about the change of name, address during the proceedings, disclose evidence, prove the circumstances, to which the person participating in the case refers, provide the required evidence, perform all procedural actions on time, submit procedural documents that meet the requirements of the procedural codes for form and content, notify the court of the reasons for failure to appear at the court session and provide evidence of valid reasons.","PeriodicalId":301802,"journal":{"name":"Court administrator","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-02-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132119382","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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