Realizing Constitutional Citizens Right for Participation in Economic Justice

  • Lyubov Prokudina

Abstract

The paper studies constitutional grounds for the involvement of citizens in state affairs and administeringjustice considered as the fundamental principles of relations between a democratic state and its citizens,with an emphasis that court cannot be separated from society as courts will not become efficient bodiesof social control without response from society. The author develops the idea that the institutes involvingcitizens to administering justice are an efficient tool to fight corruption in judicial system, to promote a trulyindependent justice and may influence the formation of civil society, the development of civil responsibilityand civil consciousness. The paper scrutinizes the objects and objectives of applying this institute, identifiestheir differences and features in terms of various types of justice. The instances of involving citizensin administering justice are presented on the examples of arbitrazh jurors in economic trials. The casepractice is based on arbitrazh courts. The paper considers the changes in the arbitrazh procedural legislationand the resulting changes in administering justice which lead to adverse consequences represented in curtailing this institute and thus impossibility to compose the group of judges and jurors of people witheconomic background. The paper revealed the causes of this tendency on the basis of statistics, arbitrazhpractice and sociological research. In particular, the author examines the process of composing the groupof arbitrazh jurors in court to identify positive and negative processes and their causes, influence of Russianbusiness community. The paper analyzes the corps of a particular arbitrazh court considering aneconomic dispute. Besides, general issues and their causes are studied in the paper.

Published
2015-02-21
How to Cite
Prokudina L. (2015). Realizing Constitutional Citizens Right for Participation in Economic Justice. Law Journal of the Higher School of Economics, (4), 54-69. https://doi.org/10.17323/2072-8166.2015.4.54.69
Section
Russian Law: Condition, Perspectives, Commentaries