Международно-правовые стандарты формирования суда: новые подходы в практике Европейского Суда по правам человека

Арбитражный и гражданский процесс. 2021. № 10. С. 11–16.

Фокин Е. А.

The subject of this article is the implementation of the right to a tribunal, established by law, into the national process. The relevance of such a research is due to the recent reform of the judicial system and procedural legislation in Russia. The article reveals the place of this right in the value system of Article 6 of the European Convention on Human Rights, and also illustrates the enforcement approaches of the European Court of Human Rights. The main elements of the right to a court, created on the basis of the law, developed by the practice of international justice, are revealed. The study pays special attention to new trends in the practice of the ECHR that took shape in 2020-21. At the same time, the article emphasizes the importance of the international legal standard of the tribunal, established by law, for the Russian civil process. In particular, it shows how the standard under consideration is implemented in domestic legislation and judicial practice, offers a general assessment of the compliance of Russian approaches with international law and further prospects for implementation.

Keywords: судебная практика, court practice, ЕСПЧ, суды, court, ECHR

Publication based on the results of: Improvement of National Remedies in the Russian Federation in the Context of the Execution of Decisions of International Courts (2021)