Problems of Legal Regulation of the Judiciary Formation Procedure

Корнакова, Светлана; Щербакова, І. В.

doi:10.17223/15617793/443/30

Cited by 3 publications

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“…However, the Code of Judicial Ethics, approved by the VIII All-Russian Congress of Judges on 19.12.2012, does not mention the oath of a judge, and accordingly does not even provide for ethical responsibility for its violation, while a different procedure is provided for judges of the constitutional court of the Russian Federation. Accordingly, the judge implements the words of the oath in his professional activity (Kornakova & Shcherbakova, 2019), the meaning of the oath is implemented in the conscientious performance of their functions.…”

Section: Methodsmentioning

confidence: 99%

Conditions And Procedures For Imposing Disciplinary Liability On A Judge

Semukhin¹

2021

European Proceedings of Social and Behavioural Sciences

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Section: Methodsmentioning

confidence: 99%

Conditions And Procedures For Imposing Disciplinary Liability On A Judge

Semukhin¹

2021

European Proceedings of Social and Behavioural Sciences

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“…Ермошина значительное внимание уделяется вопросам законодательного закрепления статуса судьи в России, эффективности организационно-правового механизма отбора кандидатов на должности судей и наделения их судейскими полномочиями, методам оценки их профессионализма (Kleandrov, 2009;Yermoshin, 2015;. В юридической литературе обстоятельно проанализированы институциональные особенности формирования российского и зарубежного судейского корпуса, определены отличия этого процесса, выделены проблемы, требующие совершенствования (Burdin, 2014;Daminev, 2021;Klyukin, 2015;Kornakova & Shcherbakova, 2019;Orlov, 2017;Vlasova, 2008).…”

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Formation of modern regional judiciary in Russia: a case study of courts of general jurisdiction of Novosibirsk Oblast

Salamatova

2023

Vestn. Ross. univ. družby nar., Ser. Ûrid. nauki

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This study outlines results of the study on regional judiciary conducted in the Novosibirsk Oblast and summarizes analysis on its socio-demographic and professional composition and sources of formation. The study is interdisciplinary in nature; sociological (questionnaires and in-depth interviews) and legal research methods (historical and legal, formal legal, comparative legal) have been applied, 192 judges of courts of general jurisdiction of the Novosibirsk Oblast have been interviewed during the research. The analysis of the outcome of the study shows that a modern regional judge is a young woman who received a full-time legal education at a classical university and has a predominant professional experience in court. The study acknowledges further rejuvenation and feminization of the regional judiciary, due to specifics of personnel policy. The dominant source of replenishment of the regional corps of judges is the court apparatus; this method is most significant for the formation of justices of the peace (JPs) and judges of district courts. The main reasons for the predominance of representatives from the court apparatus in the judiciary corps are the scope of work and requirements for the professional qualities of a judge, among which adaptability to high workloads, significant amount of paperwork, control over procedural deadlines, and effective compliance with the key indicators of the judge’s work form the core. We believe that the trend to form the judiciary mainly through internal sources may negatively affect the authority and status of the judicial profession.

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Criminal Proceedings Against Certain Categories of Persons: Russian and International Aspects

Zavgorodneva

2022

Russian Journal of Criminology

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The article examines the question of including criminal procedure guarantees for persons with a special status into Russian and international legislations. The author disagrees with the opinion of scholars that the very existence of Chapter 52 of the Criminal Procedure Code of the Russian Federation contradicts the constitutional principle of universal equality before the law and the courts. At the same time, a critical assessment is given to the absence of this principle in Russian criminal procedure legislation. The author compares the scope of people entitled to criminal procedure immunity with the legislation of other countries, primarily, the CIS countries, whose legal culture is most similar to that of Russia. It is noted that the legislators of foreign countries have a different approach to determining both the scope of such people and the limits of immunity established by law. Specifically, a positive assessment is given to the exception of guarantees against criminal prosecution to the judicial immunity in Kazakh and Polish legislations, and the limitation of functional immunity for the members of the US Congress to the period of Congressional sessions in the United States. It is concluded that different countries have different approaches to determining the scope of persons with a special procedural status: in some of them, functional immunity is seen as vital for special persons performing acts of state, while in others the institute of functional immunity is applied to a wide range of officials whose work is sometimes not connected with acts of state. Russian legislation is among the latter, as it contains an extensive list of persons immune from criminal prosecution. Nevertheless, according to the author, a special and more complex procedure for certain categories of persons enshrined in Russian criminal procedure legislation is objectively justified, and the legal basis for its validity is the priority of the principle of separation of powers and independence of the actions of persons representing them, over the principle of universal equality before the law.

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Problems of Legal Regulation of the Judiciary Formation Procedure

Cited by 3 publications

References 0 publications

Conditions And Procedures For Imposing Disciplinary Liability On A Judge

Conditions And Procedures For Imposing Disciplinary Liability On A Judge

Formation of modern regional judiciary in Russia: a case study of courts of general jurisdiction of Novosibirsk Oblast

Criminal Proceedings Against Certain Categories of Persons: Russian and International Aspects

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