Ретроспективный анализ апелляционного производства в уголовно-процессуальном законодательстве США и России
The article executes the retrospective analysis of the institution of appeal by the example of Law of Criminal Procedure of the United States of America and Russia. The authors examine the approaches of the legislator and the court practice in Russia and the United States of America and determining the importance of the institution of appeal of Law of Criminal Procedure in different historical epochs. The authors conclude that the modern appeal proceeding of Russia is fictitious. Also the authors observed the American experience of construction of two separate court systems: the federal and state judiciary. The authors come to the conclusion that the comparative legal analysis of methods to organization the appeal courts in the United States of America and Russia should be continued.
The issue is devoted to the Court Administration and Court Administrators in the Russian Federation. The emphasis is made on the Structure of the Russian Federation’s Judiciary, on the the Judicial Reform and Creation of the Court Administrator Position.
The book addresses judicial reforms in a number of post-socialist countries, including Poland, Bulgaria, Baltic states, Russia, Ukraine, Georgia and several other former Sovier republics. The focal point is the impact of the Soviet past (Soviet attitude towards law, specifics of early Soviet criminal law, the role of Soviet courts and the phenomenon of the Soviet judicial mentality) on judicial and police reforms.
Izdaniye soderzhit kompleks mnogourovnevykh strukturno-logicheskikh skhem, spe- tsial'no sozdannykh dlya uluchsheniya vospriyatiya, izucheniya i zapominaniya nor- mativnykh polozheniy deystvuyushchego v Rossiyskoy Federatsii ugolovno-pro- tsessual'nogo zakonodatel'stva. Pri ikh razrabotke avtorom ispol'zovalas' funktsional'no-tselevaya tekhnologiya sistemnogo analiza i sinteza, pozvolivshaya naglyadno interpretirovat' protsessual'nyye protsedury s uchetom spetsifiki ros- siyskogo ugolovnogo sudoproizvodstva. Posredstvom optimal'nogo sochetaniya tek- stovykh i graficheskikh izobrazheniy udalos' sdelat' naglyadnoy i, sootvetstvenno, boleye ponyatnoy sut' prakticheski vsekh statey Ugolovno-protsessual'nogo kodeksa Rossiyskoy Federatsii. Zakonodatel'stvo privedeno po sostoyaniyu na 1 noyabrya 2017 g. Adresuyetsya studentam, aspirantam, professorsko-prepodavatel'skomu sosta- vu vysshikh uchebnykh zavedeniy yuridicheskogo profilya. Mozhet okazat'sya poleznym praktikuyushchim yuristam.
The publication contains a complex of multilevel structural and logical schemes, created to improve the perception, learning and memorizing of the criminal procedure in force in the Russian Federation. legal legislation. When they were developed, the author used functional-target technology of system analysis and synthesis, which allowed to interpret the procedural procedures with due regard for the specifics of the criminal proceedings. Through an optimal combination of graphic and graphic images was made visible and, accordingly, more understandable is the essence of almost all articles of the Code of Criminal Procedure Russian Federation. Legislation is presented as of November 1, 2017. Addressed to students, post-graduate students, faculty members in higher educational establishments of a legal profile. It can be useful practicing lawyers.
In the basis of book lies the dialectical description of the judicial system as a purposeful system having a complex hierarchy and rules of functioning, which is in continuous interaction of its internal elements and external factors of influence, including other branches of government, therefore structural changes of the judicial system in itself, as well as its competence and the quality of justice in general are observed. Consideration by the author of judicial system as an integrated dynamic system allows to reveal a number of regularities in its cyclical development. Society, as it is known, develops in a spiral. Exactly this model of evolution in philosophy arose as a result of the interaction of the three laws of dialectics: the unity and conflict of opposites, the transition of quantitative changes into qualitative, and the negation of negation. The court as a mirror of society repeats the convolutions of its development. The line forming a spiral is the hierarchy of the judicial system. At the same time this line, as the spiral of lower order, represents the unification and differentiation of judges’ specialization in consideration and resolution of cases, in jurisdiction and official knowledge of controversies, as well as the centralization and decentralization of judicial control, and as a consequence, the redistribution of powers between the judicial instances (appeal, cassation, supervision). Reduction or increase in number of judicial instances occurs simultaneously with the change of the administrative-territorial division of the state, and principles of government, the population size, and hence the number of cases coming to court. Depending on what authority (judicial or non-judicial) heads the judicial system and carries out check of the court decisions, there is the correction of its principles and procedures. The domestic judicial system, having passed some cycles, recently passed the bifurcation point and again is in an unstable state. Evidence of this is the merger of higher judiciary in the system of arbitration courts and courts of general jurisdiction, despite the fact that this task was not included in the Federal target program for development of the judicial system until 2020. Complex study of factors influencing the judicial system will allow us to comprehend the global processes in society and the state – as being fundamentals in forming the structure of the judicial system and principles of its functioning. Such researches are useful for fledged understanding the history of the development of the domestic judicial system and its trends. Therefore, taking into account the history of transformations and their scales, the book gives a new understanding of the modern state of judicial system and possibility of its modeling – with due regard for the mistakes of the past.
The article continues the series of analytical reviews, adopted during the sessions of the European Commission for Democracy through Law. The authors analyze adopted on the 113-th Plenary session Opinion CDL-(2017)036 regarding to Poland, prepared in light of an extensive judicial reform. Consideration and adoption of the Opinion had debatable character due to a wide range of controversial points of the reform. So the Venice Commission came to firm conclusion that the National Council of the Judiciary – the highest body of judicial community – was politicized. The formation procedure of this body, in particular, promotes politization as it includes excessive participation of the Parliament. The Polish lawmakers are going to create in the structure of the Supreme Court two new chambers – Extraordinary and Disciplinary. Legal provisions on these chambers provoked criticism by the Venice Commission because of obviously incompliance of the status of the chambers with international standards and the theory of procedural law. Finally, the Venice Commission examined in detail the Polish bills to ensure the independence of judges and came to the disappointing conclusion about gross breach of this principle. On independence, in particular, adversely affected excessive powers of the presidents of the courts regarding to judges. At the same time the presidents of the courts are in a vulnerable position too, Polish bills view them as a kind of officials, supervised by the Ministry of Justice. Considerable attention in article is paid to finding parallels with the Russian legislation on judicial system and status of judges. The authors came to the conclusion that a number of problems for Poland and Russia is similar.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/