Отдельные аспекты гражданского и арбитражного процесса в свете судебной реформы
The article analyzes the advantages and disadvantages of the proposed Supreme court of the Russian Federation amendments to the procedural law (code of civil procedure of the Russian Federation, APC RF), which indicate the continuation of the course of the Supreme court of the Russian Federation on the convergence of the courts of General jurisdiction and arbitration courts through standardization and optimization procedure procedures and rules used in the resolution of legal
Report of the retired Judge of the Constitutional Court of the Russian Federation, Adviser of the Constitutional Court of the Russian Federation, Professor T. G. Morshchakova at the Second Senate Conference is dedicated to the issue of the supremacy of law and independence of the judicial power. October 12, 2009.
The article is devoted to the analysis of the judicial power of the marcher lords. Authors investigate common features and peculiarities of the systems in the different lordships of the March of Wales. Special attention is drawn to the influence of the English common law and Welsh law on the judicial procedure in the lordships of the March.
The collection of scientific works "Reforming the judicial system in Russia: history and modernity" is dedicated to the 80th anniversary of the Nizhny Novgorod regional court. The presented articles reflect the topical issues devoted to the judicial reform of Russia in historical and modern aspects. The published materials are of interest to the scientific community, law enforcement officers, teachers, graduate students, undergraduates, adjuncts, students.
Collection of scientific works "Reforming the judicial system in Russia: history and modernity" dedicated to the 80th anniversary of the Nizhny Novgorod regional court. The presented articles reflect the topical issues devoted to the judicial reform of Russia in historical and modern aspects. The published materials are of interest to the scientific community, law enforcement officers, teachers, graduate students, undergraduates, adjuncts, students.
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 includes three special topics: the rules of the appointments of judges as a factor of their dependence; interaction between the courts and the administration in the context of weakness of a judicial power; co-called reform of a High Courts and the destiny of the Constitution. Some of the main conclusions of the article: 1) the President have got the power to appoint all federal judges and all chairmen of the Courts and their deputies. Meanwhile chairmen of the Courts and their deputies have got the serious administrative power. As a result of these changes the Courts turn into the hierarchical structures connected with the executive power. 2) These amendments reduced the possibilities of the creation of rule of law in Russia. The article studies some decisions of the Moscow regional Court as examples of these trend in the development of the judicial power. Оn the regional level these trend actually means the absolute loyalty of Courts to the regional executive power.
Article investigates some aspects of the liquidation of the Supreme Court of Arbitration of the Russian Federation.