Некоторые проблемы защиты прав предпринимателей
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 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.
In present article the question of Justice of the Peace establishment is concerned, debatable questions about new institution to Russian empire are emphasized; also the new court system established as a result of Alexander's II reforms, is discussed.