Some administrative and legal issues to ensure the independence of judges
Автор: Faroi Tatyana V.
Журнал: Вестник Омской юридической академии @vestnik-omua
Рубрика: Теория и история права и государства, история учений о праве и государстве
Статья в выпуске: 4 т.15, 2018 года.
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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.
Russian federation, law, authority, judicial system, chairmen of courts and their deputies, independence of judges, qualification boards of judges, legal scholars
Короткий адрес: https://sciup.org/143166091
IDR: 143166091 | DOI: 10.19073/2306-1340-2018-15-4-400-405