Some Administrative and Legal Issues to Ensurethe Independence of Judges

The article deals with issues related to the independence of the judiciary in the Russian Federation. The Author analyzes various aspects of the dependence of judges on the chairmen of the courts and their deputies, on the administrative system of the courts. It is noted that the majority of legal s...

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Main Author: T. V. Faroi
Format: Article
Language:Russian
Published: Omsk Law Academy 2018-12-01
Series:Сибирское юридическое обозрение
Subjects:
Online Access:https://www.siberianlawreview.ru/jour/article/view/103
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author T. V. Faroi
author_facet T. V. Faroi
author_sort T. V. Faroi
collection DOAJ
description The article deals with issues related to the independence of the judiciary in the Russian Federation. The Author analyzes various aspects of the dependence of judges on the chairmen of the courts and their deputies, on the administrative system of the courts. It is noted that the majority of legal scholars believe that the established procedure for appointment, terms of tenure of chairmen of courts and their deputies, the possibility of their reappointment create conditions for their influence on the part of legislative and executive authorities, as well as for abuses by chairmen of courts and their deputies. Various solutions to the problem of the independence of judges, proposed by Russian lawyers, have been investigated. The author concludes that there can be no independent judiciary when there is a rigid power vertical in the courts. Therefore, within the framework of judicial reform, scientists have proposed specific and understandable measures for the population and the judicial community, primarily of a legislative nature, to solve the designated problem.
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spelling doaj.art-bb889760d4c64d77aede5ffa3d888de82024-03-15T14:13:31ZrusOmsk Law AcademyСибирское юридическое обозрение2658-76022658-76102018-12-0115440040510.19073/2306-1340-2018-15-4-400-405102Some Administrative and Legal Issues to Ensurethe Independence of JudgesT. V. Faroi0Kuban State UniversityThe article deals with issues related to the independence of the judiciary in the Russian Federation. The Author analyzes various aspects of the dependence of judges on the chairmen of the courts and their deputies, on the administrative system of the courts. It is noted that the majority of legal scholars believe that the established procedure for appointment, terms of tenure of chairmen of courts and their deputies, the possibility of their reappointment create conditions for their influence on the part of legislative and executive authorities, as well as for abuses by chairmen of courts and their deputies. Various solutions to the problem of the independence of judges, proposed by Russian lawyers, have been investigated. The author concludes that there can be no independent judiciary when there is a rigid power vertical in the courts. Therefore, within the framework of judicial reform, scientists have proposed specific and understandable measures for the population and the judicial community, primarily of a legislative nature, to solve the designated problem.https://www.siberianlawreview.ru/jour/article/view/103russian federationlawauthorityjudicial systemchairmen of courts and their deputiesindependence of judgesqualification boards of judgeslegal scholars
spellingShingle T. V. Faroi
Some Administrative and Legal Issues to Ensurethe Independence of Judges
Сибирское юридическое обозрение
russian federation
law
authority
judicial system
chairmen of courts and their deputies
independence of judges
qualification boards of judges
legal scholars
title Some Administrative and Legal Issues to Ensurethe Independence of Judges
title_full Some Administrative and Legal Issues to Ensurethe Independence of Judges
title_fullStr Some Administrative and Legal Issues to Ensurethe Independence of Judges
title_full_unstemmed Some Administrative and Legal Issues to Ensurethe Independence of Judges
title_short Some Administrative and Legal Issues to Ensurethe Independence of Judges
title_sort some administrative and legal issues to ensurethe independence of judges
topic russian federation
law
authority
judicial system
chairmen of courts and their deputies
independence of judges
qualification boards of judges
legal scholars
url https://www.siberianlawreview.ru/jour/article/view/103
work_keys_str_mv AT tvfaroi someadministrativeandlegalissuestoensuretheindependenceofjudges