Dmitriy Rogal'chuk1
Reorganization of Сourts Due to the Unification of Russian Federation Members and the Standard of Legal Courts
2013.
No. 4.
P. 77–94
[issue contents]
Rogal'chuk Dmitriy - Postgraduate Student, Department of Judicial Power and and Justice Administration, Faculty of Law, National Research University Higher School of Economics. Address: 20 Myasnitskaya Str., Moscow, 101000, Russian Federation. E-mail: dimitron@list.ru.
The article analyzes (in terms of guarantees of competent courts as a prerequisite for a fair justice) the cases of establishing and abolishing courts in the current the Russian Federation judicial system in thecontext of the unification of the Russian Federation regions. The analysis of the standards of competentcourts in narrow and wide senses supposes simultaneous integral features as a court, its independence, impartiality and competence. The article specifies and examines a narrow special aspect of interpreting a judicial court as an institution established exclusively on the basis of law. This requirement ensuressuch a condition of the judicial system as its stability and ensures the impossibility to pass arbitrarydecisions, to modify the judicial system, which is a prerequisite for the independence of courts. The analysis of the processes of reorganizing courts in unifying the Russian Federation regions reveals issues concerning the requirements to set up and abolish courts due to a legal law and observing theorder of relieving judges of the abolished courts and their reappointment in newly established courts(this concerns both life appointment of the Federal court judges and justice of the peace). The detailed analysis of regulatory legal acts at the level of the Federation and Regions shows that the regulation concerning the courts to be united lacks concretization. The law neither sets the order nor codifies thefact of elimination and setting up a specific court. Besides the issue of the federal courts, the problemsof reorganizing courts within lay justice are studied, proposals are made as to the further improvementof the regulation of lay justice at the level of federal legislation. The article concludes that the guarantees of legal courts have a practical application.
The article analyzes (in terms of guarantees of competent courts as a prerequisite for a fair justice) the cases of establishing and abolishing courts in the current the Russian Federation judicial system in thecontext of the unification of the Russian Federation regions. The analysis of the standards of competentcourts in narrow and wide senses supposes simultaneous integral features as a court, its independence, impartiality and competence. The article specifies and examines a narrow special aspect of interpreting a judicial court as an institution established exclusively on the basis of law. This requirement ensuressuch a condition of the judicial system as its stability and ensures the impossibility to pass arbitrarydecisions, to modify the judicial system, which is a prerequisite for the independence of courts. The analysis of the processes of reorganizing courts in unifying the Russian Federation regions reveals issues concerning the requirements to set up and abolish courts due to a legal law and observing theorder of relieving judges of the abolished courts and their reappointment in newly established courts(this concerns both life appointment of the Federal court judges and justice of the peace). The detailed analysis of regulatory legal acts at the level of the Federation and Regions shows that the regulation concerning the courts to be united lacks concretization. The law neither sets the order nor codifies thefact of elimination and setting up a specific court. Besides the issue of the federal courts, the problemsof reorganizing courts within lay justice are studied, proposals are made as to the further improvementof the regulation of lay justice at the level of federal legislation. The article concludes that the guarantees of legal courts have a practical application.
Citation:
Rogal'chuk D. (2013) Reorganizatsiya sudov v svyazi s ob"edineniem sub"ektov Rossiyskoy Federatsii i standart zakonnogo suda [Reorganization of Сourts Due to the Unification of Russian Federation Members and the Standard of Legal Courts]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 4, pp. 77-94. (in Russian)
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