Право знать или сбой системы контроля суда
Proposals of the Supreme Court of the Russian Federation on the synchronization of the system of courts of general jurisdiction and the system of commercial courts and their rules of procedure may lead to the curtailing of the basic principles of fair trial, as well as the loss of public confidence in government institutions and bodies of justice. The key provisions of this legislative initiative are: cessation of the duty of the judge (the court) to provide reasoned judicial decisions and establishment of the categories of cases on which the reasoned judgment is mandatory. This approach is being reviewed by the author and the explanation is given as to how this legislative initiative comes into conflict with the universally recognized principles of international law. The author suggests a complete rejection of the initiatives that do not meet the interests of justice or the public, as well as restoration of the courts’ (the judge’s) duty to provide reasoned judgments at all levels (or instances).