Vol 17, No 4 (2022)
- Year: 2022
- Articles: 5
- URL: https://journals.ssau.ru/yuazh/issue/view/641
Full Issue
Статьи
Features of the legal force of a court decision within the framework of the principles of reasonableness, justice and the rule of law
Abstract
the article discusses the issues of the validity of a judicial decision within the framework of the principles of reasonableness, justice and the rule of law. The concept of the validity of a court decision is debatable in the science of civil procedural law, since it contains many properties – binding, irrefutable, exclusivity, enforceability, prejudice, immutability (immutability). The author analyzes each property of the validity of a judicial decision separately and comes to the conclusion that the validity of a judicial decision is its legal action, which, through the principles of legal certainty and the rule of law, ensures the immutable nature of the judicial act that has entered into force, the cancellation or modification of which is permissible in exceptional cases to achieve justice while observing the principle of reasonableness.
7-17
Tax disputes: concept, nature and content
Abstract
in the article, the authors draw attention to such a sign of tax disputes as a clash of interests of participants in tax relations, believing that this largely reflects their specificity. In branch legal sciences, there are various approaches to interpreting the concept of «tax dispute», not to mention the variety of definitions of «the concept of a tax dispute», «the nature and content of a tax dispute». Despite the variety of concepts of «tax dispute», in the legal literature there is no disagreement in the interpretation of the very essence of a tax dispute. However, in the conceptual apparatus of the Tax Code of the Russian Federation there is no term «tax dispute». The authors of this article define the signs of this phenomenon and propose the introduction of such a concept into the current legislation. According to the authors, a tax dispute should be defined as a conflict situation arising from tax legal relations between taxpayers and authorized bodies for the collection of taxes and fees regarding control of the legality of regulations, the legality of actions or decisions of a government body, as well as the correctness and timeliness of fulfillment of obligations to pay taxes. The authors note that a broad interpretation of the category «tax dispute» is still based on a «conflict of interests of subjects». The methodological basis of the article is manifested through formal legal and comparative legal methods. The authors come to the conclusion that the tax system needs to establish a balance between public and private law, as well as the need to consolidate the term «tax dispute» at the legislative level.
18-24
Unification of the procedure for consideration of cases on the recovery of lost judicial proceedings in civil, arbitration and administrative legal proceedings
Abstract
this article provides a comparative analysis of the regulation of the judicial case management on the recovery of lost judicial proceedings in civil, arbitration, administrative proceedings, makes proposals aimed at improving legal regulation of the cases under the category considered. The author notes that due to the lack of an appropriate procedure in the Arbitration Procedure Code of the Russian Federation and the Code of Administrative Judicial Procedure of the Russian Federation, the procedure for consideration of cases on the recovery of lost judicial proceedings shall take an appropriate procedural form in arbitration and administrative proceedings.
25-30
Topical issues of the use of videoconferencing and web conferencing technologies in civil proceedings of the Russian Federation
Abstract
in this article, the authors consider current problems of using new technologies: video conferencing and web conferences in civil proceedings in the Russian Federation and in civil proceedings in foreign countries. The subject of the study is the rules of civil procedural law relating to the regulation of the procedure for using videoconferencing and web conferencing. The purpose of the study is to formulate a holistic analysis of the use of video conferencing and web conferencing systems in historical and theoretical aspects. When researching this topic, methods were used to analyze regulations and scientific literature and compare the legislative framework for civil procedural law. An analysis of the legislative regulation of this issue was carried out and ways to solve existing problems were proposed. The authors identify a number of advantages and disadvantages of using information technologies in civil proceedings. Particular attention is paid to the current state of legal proceedings and development trends. It is concluded that information technologies are actively being introduced into legal proceedings, and accordingly, legislation in this area needs detailed regulation and adjustment.
31-39
Problems of ensuring the confidentiality of communications between a lawyer and convicted in a court hearing of the appellate instance using video conferencing
Abstract
the article deals with the problem of preserving attorney-client privilege when communicating between a lawyer and a convicted person at a court hearing using a video conferencing system. Video conferencing is a way of carrying out procedural actions provided for by law, using software and hardware means of transmitting audio and video information through communication channels with one or more subscribers. In cases where a convicted person needs to ensure a meeting with a lawyer to discuss his position, there are no specific regulations, instructions, orders that would ensure the rights and interests of the convicted person and the lawyer. Federal Law of December 29 , 2022 No. 610-FZ «On Amendments to the Criminal Procedure Code of the Russian Federation» reflected certain changes in procedural legislation, namely in paragraph 9 of Article 241.1 of the Criminal Procedure Code of the Russian Federation, where the defender is provided with the possibility of unhindered confidential communication with the defendant in custody and participating in the court session by using video surveillance systems.conference calls, but there is no detail of this rule. The author conducted a survey among lawyers and judges, which confirm the inconsistency of practice in the communication between the lawyer and the defendant, since on the one hand, it is necessary to observe the confidentiality of the conversation between the lawyer and the client, and on the other, the court must take care of the case materials, equipment and good communication quality. The methodological basis of the research is manifested through formal-legal, comparative-legal, historical methods. The author comes to the conclusion that the video conferencing system is imperfect and needs to be improved, namely, it is necessary to create certain recommendations or instructions to preserve the guarantees of the rights and freedoms of the convicted person.
40-47