论俄罗斯联邦司法权面临的若干挑战

Y. A. Svirin, V. A. Gureev, A. Mokhov, L. V. Inogamova-Khegai, Sergej Nikolaevich Shestov
{"title":"论俄罗斯联邦司法权面临的若干挑战","authors":"Y. A. Svirin, V. A. Gureev, A. Mokhov, L. V. Inogamova-Khegai, Sergej Nikolaevich Shestov","doi":"10.14505/jarle.v11.3(49).39","DOIUrl":null,"url":null,"abstract":"The article studies the challenges faced by the judicial branch of the Russian Federation. The avalanche of legal cases has reduced the quality of judicial acts and undermined the objective resolution of legal conflicts. In 2018, the Russian legislator attempted to reform judicial proceedings and introduced extrajudicial proceedings but there are still many unresolved issues that will be addressed in this article. The authors believe that the problems experienced by the judicial branch are caused by the imperfection of the current legislation, as well as economic and political grounds. Without dwelling on political foundations, the article reveals economic and legal causes of such problems. The authors used the methods of synthesis, comparative, structural-functional and statistical analysis, as well as interviewing. The study aims at determining negative causes that delay court hearings and result in unlawful and unjustified judicial acts. The authors have revealed causes for the unsatisfactory performance of the judicial branch in the Russian Federation and proposed certain ways to address these causes. They have also drawn the following conclusion: the separation of powers into three branches (the legislative, executive and judicial branches) in the modern world is outdated since the fourth power has already emerged in many states. Sometimes the so-called presidential branch becomes superior to the first two types and affects the judicial one.","PeriodicalId":163930,"journal":{"name":"Journal of Advanced Research in Law and Economics","volume":"75 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2020-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"On Some Challenges Faced by the Judicial Power in the Russian Federation\",\"authors\":\"Y. A. Svirin, V. A. Gureev, A. Mokhov, L. V. Inogamova-Khegai, Sergej Nikolaevich Shestov\",\"doi\":\"10.14505/jarle.v11.3(49).39\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The article studies the challenges faced by the judicial branch of the Russian Federation. The avalanche of legal cases has reduced the quality of judicial acts and undermined the objective resolution of legal conflicts. In 2018, the Russian legislator attempted to reform judicial proceedings and introduced extrajudicial proceedings but there are still many unresolved issues that will be addressed in this article. The authors believe that the problems experienced by the judicial branch are caused by the imperfection of the current legislation, as well as economic and political grounds. Without dwelling on political foundations, the article reveals economic and legal causes of such problems. The authors used the methods of synthesis, comparative, structural-functional and statistical analysis, as well as interviewing. The study aims at determining negative causes that delay court hearings and result in unlawful and unjustified judicial acts. The authors have revealed causes for the unsatisfactory performance of the judicial branch in the Russian Federation and proposed certain ways to address these causes. They have also drawn the following conclusion: the separation of powers into three branches (the legislative, executive and judicial branches) in the modern world is outdated since the fourth power has already emerged in many states. Sometimes the so-called presidential branch becomes superior to the first two types and affects the judicial one.\",\"PeriodicalId\":163930,\"journal\":{\"name\":\"Journal of Advanced Research in Law and Economics\",\"volume\":\"75 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2020-06-15\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Advanced Research in Law and Economics\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.14505/jarle.v11.3(49).39\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Advanced Research in Law and Economics","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.14505/jarle.v11.3(49).39","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

摘要

本文研究了俄罗斯联邦司法部门面临的挑战。大量的法律案件降低了司法行为的质量,破坏了法律冲突的客观解决。2018年,俄罗斯立法者试图改革司法程序并引入法外程序,但仍有许多未解决的问题,将在本文中解决。笔者认为,司法部门所遇到的问题,既有现行立法的不完善,也有经济和政治的原因。本文没有停留在政治基础上,而是揭示了这些问题的经济和法律原因。作者采用了综合分析、比较分析、结构功能分析、统计分析和访谈等方法。这项研究的目的是确定拖延法庭听证和导致非法和不合理司法行为的消极原因。作者揭示了俄罗斯联邦司法部门工作不理想的原因,并提出了解决这些原因的某些方法。他们还得出了以下结论:现代世界三权分立(立法、行政和司法)已经过时,因为第四种权力已经在许多国家出现。有时,所谓的总统部门会优于前两种类型,并影响司法部门。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
On Some Challenges Faced by the Judicial Power in the Russian Federation
The article studies the challenges faced by the judicial branch of the Russian Federation. The avalanche of legal cases has reduced the quality of judicial acts and undermined the objective resolution of legal conflicts. In 2018, the Russian legislator attempted to reform judicial proceedings and introduced extrajudicial proceedings but there are still many unresolved issues that will be addressed in this article. The authors believe that the problems experienced by the judicial branch are caused by the imperfection of the current legislation, as well as economic and political grounds. Without dwelling on political foundations, the article reveals economic and legal causes of such problems. The authors used the methods of synthesis, comparative, structural-functional and statistical analysis, as well as interviewing. The study aims at determining negative causes that delay court hearings and result in unlawful and unjustified judicial acts. The authors have revealed causes for the unsatisfactory performance of the judicial branch in the Russian Federation and proposed certain ways to address these causes. They have also drawn the following conclusion: the separation of powers into three branches (the legislative, executive and judicial branches) in the modern world is outdated since the fourth power has already emerged in many states. Sometimes the so-called presidential branch becomes superior to the first two types and affects the judicial one.
求助全文
通过发布文献求助,成功后即可免费获取论文全文。 去求助
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信