A. Drozdova

The Development of Judicial System and Judicial Reform in Russia

2016. No. 3. P. 95–102 [issue contents]
This paper represents a comparative analysis of the goals, objectives, stages of the judicial reform inRussia between 1864 and 1991. The author identifies general trends and patterns, proposes options for the further development of the Russian judiciary. The main purpose of the judicial reform of 1864was laying foundation of the institute of judicial protection of citizens’ rights, which is essential protectionagainst crime and tyranny. The judicial reform of 1864 saw a separation of the judiciary as a kindof state power based on the principle of independence, declaration of tenure of judges as one of theguarantees of their independence, separation from the court investigation. Besides, the process becamecompetitive with the maintenance of public prosecution representative of the prosecutor’s office.The period after 1991 defined the main vector for the further development of judicial reform — approvalof an independent judiciary, ensuring the independence of judges, the formation of courts intended forgeneral public, the approval of the adversarial principles, equality of the parties and optionality. Theobjectives of modern judicial reform changed following the development of the judiciary and its stateresponded in a particular period of its development. However, similarities occur as to all the periodsof the judicial reform, such as the recognizing the judiciary as a separate and independent, strengtheningits authority, increasing openness and transparency, increasing trust in the court; creating thenecessary conditions for the implementation of justice, access to justice; forming an effective systemof enforcement proceedings, increased openness and accessibility of the enforcement of the system,increasing the level of execution of court decisions. Analyzing the aims and objectives of the judicialreforms of 1864 and 1991, similarities are obvious. Thus, we can find the following common objectives:separation of the judiciary from the administration and the proclamation of it as an independent branchof government; the creation of justices of the peace; the introduction of trial by jury; the introduction ofnew elements of the revision of the institute; declaration of principles such as the proceedings: transparency,competition and equality of the parties, presumption of innocence; securing tenure for judges,improving the system of guarantees of their independence and their subordination only to the law, ofthe principle of irremovability.
Citation: Drozdova A. (2016) Razvitie sudebnoy sistemyi sudebnoy reformy v Rossii [The Development of Judicial System and Judicial Reform in Russia]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 3, pp. 95-102 (in Russian)
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