Vol 16, No 3 (2021)
- Year: 2021
- Articles: 5
- URL: https://journals.ssau.ru/yuazh/issue/view/601
Full Issue
Статьи
Рrocedural issues of participation of the commissioner for consumer rights of financial services in civil proceedings
Abstract
the article analyzes the procedural issues of the participation of the Commissioner for the Rights of consumers of Financial Services in civil proceedings. As a general trend, the author highlights the excessive processalization of relations with the participation of the Commissioner for the Rights of consumers of financial services, that is, modeling the pre-trial procedure for consideration and resolution of a dispute by the commissioner according to the type of procedural judicial proceedings. This is expressed in the sectoral affiliation of the legislation regulating the activities of the financial commissioner for the consideration of the appeal, defined as civil procedure; in the establishment of a procedural period for applying to the court after the unsuccessful appeal of the consumer to the financial commissioner; in granting the procedural status of the financial commissioner; in positioning the disputes arising here not purely as disputes of the consumer of financial services with a financial institution, but as disputes with the decision of the financial commissioner; in giving the expertise carried out by the financial commissioner the quality of a forensic examination. The author comes to the conclusion that there are no sufficient grounds for giving the norms on the pre-trial procedure applied in connection with the appeal to the financial commissioner the quality of procedural norms regulating procedural relations, as well as in other pre-trial proceedings.
7-17
Тrends in the development of electronic justice in the russian civil procedure
Abstract
the article considers the application, problems and prospects for the development of e-justice; the current state and trends of reforming the e-justice system in the Russian Federation; prospects for the development of electronic conciliation procedures; the use of artificial intelligence as an assistant judge, as well as for the study of evidence in civil proceedings. The author notes that the emergence of new information legal relations requires widespread, clear and timely legal regulation. Much attention is paid to the problems that arise during the development of e-justice, in order to competently and quickly get rid of them, the first thing to do is to develop a regulatory framework that regulates the processes of integration and use of new digital technologies, the rights and obligations of the subjects of their use, processes digitization and storage of documents, protection of personal data. It is also important and necessary to actively work with the population and specialists to create a favorable social environment ready for the introduction of information technologies. The author comprehensively considers such a debatable issue as the introduction of artificial intelligence in civil proceedings. As for the use of artificial intelligence in various social spheres, including civil litigation, it is obvious that today, first of all, it is necessary to ensure proper legal regulation of such a rapidly developing technology field as artificial intelligence. Undoubtedly, it can be applied in the legal field and many areas will begin to meet the needs of the life of modern society, provided that all possible risks are taken into account. artificial intelligence should be applied on the principles of limitedness, selectivity and priority of human decisions. The machine should be an assistant on which the specialist shifts part of his standard paper work that does not require a creative and reasonable approach. At the end of the study, the author comes to the conclusion that the ultimate goal of digitalization is high-quality, affordable and meeting the modern needs of society, e-justice, which is designed to improve legal services using information and communication tools. E-justice is a promising direction in the development of the judicial system, which will provide additional accessibility and transparency for all participants in the judicial process, as well as significantly speed up legal proceedings.
18-36
Features of the restriction of the constitutional rights of participants in pre-trial proceedings in criminal proceedings
Abstract
due to the specifics of criminal proceedings, in order to achieve its objectives in criminal proceedings, certain rights and freedoms of persons involved in criminal procedural activities may be subject to restriction. Such constitutional rights as the right to freedom and personal inviolability; the right to secrecy of correspondence, telephone conversations, postal, telegraphic and other communications; the right to inviolability of the home are subject to the greatest restrictions in criminal proceedings.
Through the application of the dialectical method, as well as formal-logical, systematic methods, methods of analysis and synthesis, the article examines the features of limiting the constitutional rights of participants in pre-trial proceedings in criminal proceedings.
The restriction of the constitutional rights of participants in criminal proceedings may be carried out by conducting investigative actions (search, seizure, control and recording of negotiations, etc.) and the use of measures of criminal procedural coercion (detention, preventive measures, other coercive measures). The goals of restricting the rights of participants in pre-trial proceedings in each specific case coincide with the goals of conducting procedural actions – obtaining and verifying evidence, ensuring the appearance of participants in the process, ensuring security, the absence of obstruction of the investigation, suppression of criminal activity. The grounds for restricting the rights of participants in criminal proceedings should be established on the basis of an analysis of the factual circumstances of the case, which confirm the existence of grounds for conducting investigative and procedural actions that limit the constitutional rights of citizens. The application, with all the possibility of choice, should be subject to the minimum degree of restriction of the rights and freedoms of participants in criminal proceedings, compulsory, which is able to achieve the goals set for it.
The restriction of the constitutional rights of participants in criminal proceedings will be lawful if the following conditions are met: restrictions have a legitimate purpose; are applied in strict accordance with the law; all conditions and grounds for restricting the rights of participants in criminal proceedings are met; restrictions are carried out on the basis of a procedural decision made within the framework of the procedure provided for by the criminal procedure law with ensuring the procedural rights of participants in criminal proceedings, allowing them to defend themselves from coercion; restrictions are proportionate to the purpose for which they are applied and do not exceed the necessary limits of coercion; restrictions have specific deadlines; restrictions are subject to control and can be appealed within the framework of procedural control, prosecutor's supervision and to the court.
37-45
Comparative legal analysis of regulations governing the conduct of forensic examination and the procedural status of knowledgeable persons in criminal proceedings in Russia and Lithuania
Abstract
the article provides a comparative analysis of the regulatory legal acts regulating forensic activities, as well as the rights and obligations, the scope and nature of procedural functions, the degree of similarity and differences in the procedural status of persons applying special knowledge in criminal proceedings of the Russian Federation and the Republic of Lithuania. Comparative legal analysis of normative acts consists in comparing the prescriptions of legal norms, legislative terms and definitions in Russian and Lithuanian legislation, which make it possible to see the general and special, typical and unique in the regulation of forensic examination and the procedural status of persons applying special knowledge in criminal proceedings in Russia and Lithuania. The study was carried out on the basis of a comprehensive comparative analysis of the latest editions of criminal procedure codes and laws in the field of organizing forensic activities in Russia and Lithuania, by-laws, as well as other primary sources, including foreign ones, in the original language. Experts and specialists are persons who apply special knowledge in criminal proceedings in Russia and Lithuania. The legal status of experts and specialists in criminal proceedings in Russia and Lithuania is not identical, in many respects comparable, since in the recent past Soviet law had a significant influence on the criminal proceedings of these countries. The Russian Criminal Procedure Code classifies an expert and a specialist as persons performing the function of promoting justice. Whereas the Criminal Procedure Code of Lithuania does not classify knowledgeable persons. An expert and specialist in the criminal procedural legislation of Lithuania is considered as “means of securing judicial evidence”. An expert, in accordance with the requirements of the Code, is involved in the criminal process to conduct an examination and provide evidence, while a specialist is involved in conducting research activities and giving an opinion or clarification on issues within his competence. The results of the comparative analysis of normative acts regulating the rights and obligations of an expert and a specialist in criminal proceedings in Russia and Lithuania, allow us to expand our understanding of the use of special knowledge in criminal proceedings in foreign states, as well as to critically evaluate the national criminal procedural legislation with the aim of its further improvement and optimization. Based on the results of the study of the normative acts of Russia and Lithuania, certain problematic aspects of the legal regulation of the procedural status of an expert and a specialist in Russian and Lithuanian criminal procedural legislation are noted, and general conclusions are drawn.
46-61
The emergence and development of types of sources of maritime law
Abstract
understanding the sources of maritime law is necessary to simplify and understand the regulation of relations between subjects of maritime law. Thus, with the assimilation of the structure of the above-mentioned sources, relations between the subjects will be built more harmoniously, and conflicts and incidents will be resolved more quickly and with minimal damage to the parties to navigation. Identification and description of historical and theoretical aspects of the emergence and development of sources of maritime law is an important and urgent task for several reasons. Firstly, this identification helps in the codification of legal elements in the law of the sea, which are the sources of international (domestic) maritime law, in order to simplify and streamline the mass of normative legal acts. Secondly, the study of sources explains the historical prerequisites, features, aspects of the adoption of a particular maritime legal act. Thirdly, the law of the sea is quite voluminous, which makes it necessary to systematize and differentiate it by sources in order to improve the functioning of relations between subjects of the law of the sea and reduce conflicts. Based on this, it can be concluded that the task of studying the emergence and development of sources of maritime law is relevant and necessary for research to structure the legal framework of maritime law to improve interaction between its subjects. The subject of the study is the sources of maritime law in the process of its origin and development. The purpose of the study is to form a holistic analysis of the historical and theoretical development of the sources of maritime law. Research methodology. In the study of this topic, methods of analyzing normative legal acts and literature, comparing the legislative framework on maritime law, studying the historical process of the emergence and development of sources of maritime law were used.
62-70