About the reasonable balance in protecting the rights of an individual during the examination and verification phase in Russia's procedural law

Автор: Borisevich G. Ya.

Журнал: Ex jure @ex-jure

Рубрика: Процессуальное право

Статья в выпуске: 2, 2018 года.

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Abstracts: in the article, a number of situations are described that provide for a necessity to unify Russia’s procedural law norms regulating such multisectoral institutions as appeal, cassation and supervisory proceedings. One of the purposes of this unification is a reasonable ensuring of protecting the rights of the individual in examination and verification phases of the civil, arbitration, administrative, criminal procedure. The following issues were reviewed: the right and term of appealing against the court decision, the rule of using the ways of appealing against court decisions until they are legally effective, reasons for reversing or changing the court decision, improvement of the legislative regulation of the first phase of the cassation procedure performed in accordance with Civil Procedural Code, Administrative Procedure Code, Criminal Procedural Code of the Russian Federation. The proposals were formulated on improving the procedural legislation. The need was shown for the concurrence in the positions of the legislators representing the four forms of the court procedures during the development and adoption of the laws regulating the mult-sectoral institutions.

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Examination and verification phases, unification of the rf procedural legislation, protecting the rights of an individual, reasonable balance in protection

Короткий адрес: https://sciup.org/147230027

IDR: 147230027   |   DOI: 10.17072/2619-0648-2018-2-90-102

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