Подведомственность и подсудность (ст. 22 ГПК РФ «Подведомственность гражданских дел»)
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.
This article is an attempt to highlight the issues, associated with a latency of crimes under Art. 170 of the Criminal Code of the Russian Federation, and to propose mechanisms to detect these criminal violations. The author analyzes the reasons hindering the identification of the crimes, described in the article. In the present article also discusses the features of investigative jurisdiction of a crime under Art. 170 of the Criminal Code of the Russian Federation, which may also influence the degree of latency of this crime.
The article studies contemporary prerequisites and peculiarities of regulation of intellectual property in digital networks, researches in detail variants of possible jurisdictions in digital networks as applicable to protection of rights of intellectual property, touches upon the issues of applicable law and exceptions in protection of rights of intellectual property in digital networks.
This article reviews general rules and principles of civil procedure involving foreign party in China. The author undertakes the analysis of the main sources of procedural legislation, connected with economic disputes – Civil procedure code in the People’s Republic of China and Arbitration procedure code of Russian Federation. Civil procedure code of the PRC contains Section 4 that is devoted to special things about civil procedure involving foreign party. All-in-all the statutory regulation of civil proceeding of China and of arbitration proceeding of Rusia in this sphere is almost the same. An essential sources of law in this sphere are international documents that are New York Convention on The Recognition and Enforcement of Foreign Arbitral Awards (10 June, 1958), Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters (18 March 1970), The Beijing agreement On legal assistance in civil and criminal cases (19 June, 1992).
The Chapter on Russia deals with the particularities of decision-making methodology used by the Supreme Court of Russia, in comparison with that of the US Supreme Court. It offers an overview of the Russian Supreme Court jurisdiction, justiciability and standing and the main issues arising in these areas.