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No 8 (2024)
- Year: 2024
- Published: 05.08.2024
- Articles: 9
- URL: https://journals.rcsi.science/2072-909X/issue/view/25715
Theoretical and historical legal studies
Scheffens in the DDR and People’s Assessors in the USSR: Comparative Legal Analysis
Abstract
A comparative legal study of the Institute of People’s Assessors in the USSR and the Scheffen Institute in the GDR was conducted. It is established that, despite belonging to the same model of popular participation in justice, there are a number of particular differences in the regulation of these institutions.
In the course of the study, a trend was revealed towards the reception of the GDR legislation on the scheffens of regulation of the institute of people’s assessors in the USSR. This trend is manifested, in particular, in raising the minimum age of scheffens from 23 to 25 years, the procedure for electing scheffens of district courts in the GDR, increasing the term for calling scheffens to perform their duties. At the same time, elements specific to East German legislation have been identified.
5-13
Legal Regulation of Village Courts at the End of the XIX Century – the Beginning of the XX Century: Formation and Competencies
Abstract
In the Russian Empire in the XIX century – the beginning of the XX century there were a large number of local judicial bodies designed to quickly and effectively resolve minor civil disputes and punish minor offenses in accordance with religious, national or territorial customs. One of such bodies was the village court, established in 1870 in the Cossack territories, and then reformed in 1891 and divided into the court of village judges and the court of honorary judges. The purpose of this study is to identify the powers of the village courts and the legislative requirements for their personnel, to consider the genesis of the village court as one of the forms of local courts at the end of the XIX century. To achieve this goal, the Regulations on Public Administration in the Cossack troops were analyzed on May 13, 1870 and the Regulations on Public Administration of Cossack villages on June 03, 1891; the place and role of the village court in the system of Cossack self-government were shown; archival materials and works of modern scientists were reviewed. Dialectical, systemic, historical-genetic and comparative-legal methods were used in the study.
As a result of the conducted research, the conclusion is made about the village court as an important part of the Cossack public self-government. The electability of the judges of the village court ensured both the representation of the interests of the broad strata of the village, and the involvement of the most authoritative and conscientious Cossacks in public activities. The jurisdiction of the village courts was determined by law and enabled the village residents to resolve the vast majority of disputes on the spot, without resorting to trips to general judicial institutions.
14-22
Public law (state law) studies
The Role of the Councils of Judges in the Organization of Professional Development of Judges and Court Staff in the Field of Record Keeping
Abstract
In the context of the systematic advancement of the domestic judicial system, the issue of enhancing the quality of record keeping assumes particular significance. Nonetheless, the implementation of this process is contingent upon the presence of competent individuals who must regularly partake in professional development programs.
The purpose of the study is to examine the obstacles confronted by secretaries of councils of judges in organizing record keeping and to present the preliminary findings from the implementation of the professional development program offered by the Northwestern branch of the Russian State University of Justice.
The present study was carried out based on traditional general scientific methods (analysis and synthesis, etc.) and methods of legal science (system analysis, formal-legal, etc.).
By analyzing the functions and powers of the councils of judges, the main directions of their activities were outlined. Furthermore, a summary was made of the initial training experience for the group of students in the professional development program for secretaries of the councils of judges, which was developed and executed at the Northwestern branch of the Russian State University of Justice. The primary areas of improvement were identified, specifically focusing on enhancing the knowledge of students regarding record keeping and document management within the councils of judges. It was determined that there is a need to incorporate in the legislation the opportunity for broader participation of the judicial community bodies as a whole, and specifically the councils of judges, in addressing matters concerning further education for both judges and court staff.
23-32
On Some Issues of Implementation of Constitutional Innovations on the Judicial System in the Context of Materials and Decisions of the X Congress of Judges of the Russian Federation
Abstract
The constitutional amendments of 2020 significantly changed the provisions of the basic law in terms of the organization and coordinated functioning of all branches of government. The implementation of the innovations introduced on the judicial system was the subject of discussion at the X Anniversary Congress of judges of Russia in December 2022, which identified both measures to implement constitutional amendments and, in general, directions for improving judicial activity in the coming years. Many new constitutional concepts and provisions, as well as decisions of the IХ and X congresses of judges in their unity, imply comprehension, appropriate interpretation and, in general, scientific support, including monitoring of the level of execution.
The purpose of this study is to analyze the new constitutional provisions on the judicial system and the ways of their implementation in the context of the materials and decisions of the IX and X congresses of judges.
On this basis, the determination of the author’s position on certain issues of judicial activity and the development of proposals for improving the legal framework of judicial.
33-40
Private law (civil law) studies
The Problem of Legislative Regulation of Judicial Discretion in the Civil Proceedings
Abstract
The article discusses issues of understanding judicial discretion within the framework of civil law proceedings. The pluralism of opinions on the concept and limits of judicial discretion developed by the theory of law, different points of view on the range of discretion in judicial activity for solving specific problems indicate the absence of a common understanding of its application. The interpretive activity of the court essentially replaces the legislative activity and creates the prerequisites for different decisions under virtually identical circumstances in law enforcement activities. Various methods of patching legislative holes through judicial discretion, the exercise of judicial discretion by subjects with different qualifications do not create uniformity of judicial practice and confidence in legislation based on constitutional values as fair and uniform for everyone.
The problem is seen in the uncertainty of the boundaries of judicial discretion, in the need for the most complete and accurate definition of the concept of this category in legal procedural norms, and criteria for the admissibility of its application.
41-53
Questions of Procedural Proof Using Correspondence in Messengers: Theory and Practice
Abstract
Today, electronic correspondence is one of the main types of communication of both citizens and organizations, however, its use as evidence in the course of a trial is hampered by the lack of appropriate subject-matter legal regulation in the procedural branches of law.
The objectives of this study are to study the essence and content of such a category as electronic correspondence, as well as the possibilities of integrating the object of study into legislative provisions on evidence. To achieve the goals set, a number of practical and theoretical aspects of the use of electronic correspondence as evidence in domestic procedural branches have been studied.
The article, using a formal-logical approach, analyzes the legislative provisions that regulate the issues of evaluation and use of evidence in the procedural branches of law, based on the essence and content of the object under study, and assesses the possibility of e-mail correlation with the types of evidence existing in the legislation.
It is concluded that electronic correspondence is a category unique in its essence and content, and its analogy with any existing and legally fixed types of evidence is unacceptable. Such a conclusion is based, among other things, on the main problems of using electronic correspondence as evidence – verification of the content of electronic correspondence and verification of subjects of electronic correspondence. Therefore, any measures for the proper assurance of electronic correspondence applied in relation to written evidence does not solve the problems associated with the proper verification of the collision and the subjects of electronic correspondence. Specific measures are proposed to legalize electronic correspondence as evidence in domestic procedural branches.
54-62
Criminal law studies
Combating Corruption Crimes
Abstract
The current period of functioning of various states and the world community as a whole is characterized by the presence, along with other acute issues, of a negative problem in the form of corruption. This socially dangerous social and legal phenomenon is widespread, there is a high level of corruption crimes and other corruption offenses, including both small, so-called “everyday” manifestations of bribery, and receiving, including extortion of bribes by officials on an especially large scale. In this regard, there is a need for permanent research on combating corruption crimes by preventive, administrative, and criminal law measures.
The research methods are the methods of comparative legal analysis of various types of legislation and other regulatory legal acts on the problems of combating corruption crimes and other corruption offenses, theoretical analysis of scientific literature on the topic of the study.
The results of the study are the conclusions about the fundamental role of general social prevention in countering corruption crimes and other corruption offenses, which includes a set of measures to develop a healthy socio-psychological environment in society, the economy, improve the quality of life of citizens, anti-corruption psychological and pedagogical education and enlightenment, improving the norms of administrative and criminal legislation aimed at combating corruption.
In the final part of the study, a legislative proposal is formulated to improve the norm-note on the criminal law concept of an official in order to give it greater clarity and conciseness, getting rid of excessive overload with the enumeration of numerous types of organizations, enterprises, institutions, companies in which such a person performs professional functions.
70-79
Criminal Procedural Relations: Current State and Prospects of Development
Abstract
The change in the structure and content of criminal procedural relations is due to the new guidelines of criminal proceedings. It is significant to determine the place of artificial intelligence among the subjects of criminal procedural relations. Legal certainty is not enough when answering the question about the actual criteria for their classification.
Purpose of the цork: to analyze new approaches to the typology of criminal procedural relations, to formulate their content more fully, as well as to identify the role of artificial intelligence in them.
Having studied certain elements of criminal procedural relations, one can come to the conclusion that their content is a complex of subjective rights and obligations that meets the modern needs of society and the state to a greater extent, having a dynamic character due to permanent rule-making. The science of criminal procedure and the legislator have not developed unified approaches to determining the legal capacity and capacity of the subjects involved in the disclosure, investigation of crimes and consideration of criminal cases on the merits. There is a need to eliminate legal gaps on this issue. There are prerequisites for the identification of a new type of criminal procedural relations using artificial intelligence.
80-88
International law studies
On the Dual Nature of Interdict Proceedings in Rome During the Era of the Republic and the Principate
Abstract
In ancient Rome, there were at least two forms of interdict proceedings. The first form was associated with the magistrate imperium, which operated outside Rome, in particular in the provinces, and could do without transferring the case from the magistrate to the court. Extraordinary investigations in Rome itself belonged to the same form, when, due to the danger threatening the state from public violence, the Senate gave the magistrate dictatorial powers to issue interdicts and punish those who disobeyed them. In case of disobedience to the first interdict, the magistrate could resort to interdictum secundarium, which provided for doubling property liability in civil cases, and criminal liability in public cases, up to the death penalty or exile and confiscation of property through aquae et ignis interdictio.
The second form was related to the transfer of the case, which began with the praetorian interdict, from the magistrate to the ordinary court. There is no place for an extraordinary process here, and the praetorian interdict is only a special pre-trial means of bringing a claim.
89-99