Guarantees of independence ensuring the status of a judge in the Russian Federation

Корнакова, Светлана; Щербакова, І. В.

doi:10.17223/15617793/433/25

Cited by 3 publications

(1 citation statement)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Legal responsibility towards a judge implies negative consequences for non-compliance with legal requirements, which is a guarantee of justice in general, based on the subordination of the judge to the norms of the Constitution (Kornakova & Shcherbakova, 2018). In relation to the personality of a judge, it is appropriate to apply the concept of positive legal responsibility arising in the process of exercising powers that do not meet the interests of society (Bondar & Dzhagarian, 2018).…”

Section: Methodsmentioning

confidence: 99%

Conditions And Procedures For Imposing Disciplinary Liability On A Judge

Semukhin¹

2021

European Proceedings of Social and Behavioural Sciences

View full text Add to dashboard Cite

show abstract

Section: Methodsmentioning

confidence: 99%

Conditions And Procedures For Imposing Disciplinary Liability On A Judge

Semukhin¹

2021

European Proceedings of Social and Behavioural Sciences

View full text Add to dashboard Cite

show abstract

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

Zavgorodneva

2022

Russian Journal of Criminology

View full text Add to dashboard Cite

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.

show abstract

Legal status of judges as the basis of independent justice: theoretical and historical aspects

Arkhipkin

2024

Juridical Journal of Samara University

View full text Add to dashboard Cite

The purpose of the article was to identify the historical prerequisites for the formation of the regulatory regulation of the status of judges in Russian legislation, as well as the influence of ideology prevailing in different periods of development of Russian state on the mechanism of legal support in the legislation of this institution. The use of the comparative historical method of cognition made it possible to conduct a retrospective review of the legislative framework of various historical periods in the context of analyzing the formation of legal status of a judge and its impact on the justice system. The main legal acts of the Russian, Soviet and modern periods are studied, and a progressive trend in improving the legal foundations for ensuring the status of judges is noted. It is concluded that the reform of the judicial system should be based on generally recognized principles of organization and administration of justice. The theoretical significance lies in the establishment of a similar nature of the reform of Russian legislation concerning the provision of the status of a judge in 1864 and 1991, as a result of which the principles of separation of powers, independence and irremovability of judges, and their subordination only to the law were proclaimed.

show abstract

Guarantees of independence ensuring the status of a judge in the Russian Federation

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

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

Legal status of judges as the basis of independent justice: theoretical and historical aspects

Contact Info

Product

Resources

About