About judicial and legal permanent judicial presence in the composition of district and regional court of general jurisdiction
Автор: Malkov V.P., Khaydarov A.A.
Журнал: Вестник Пермского университета. Юридические науки @jurvestnik-psu
Рубрика: Гражданское право и процесс
Статья в выпуске: 4 (26), 2014 года.
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Introduction: the article considers the issues of education permanent judicial presence within the district, regional (and other equal to him) courts of General jurisdiction. Purpose: the authors investigate controversial issues of legal regulation of the administration of justice by the judges of the permanent court. Methods: the methodological basis of research is materialistic dialectics. We used a private scientific research methods to this problem: historical, systematic and structural, comparative, formal-logical and other Results: the Formation of permanent tribunals in the composition of district courts and courts of the regional level has the purpose of ensuring access to justice for people. This should proceed from the geographical characteristics of the area served by the court or region of the Federation, to consider their transport infrastructure, the existence of other circumstances that hinder people's access to justice. Other reasons for their creation should be considered as motives of secondary importance. Federal law should set out the jurisdiction of the permanent court within the district or regional court level and the period from which jurisdiction covers the relevant territory or other judicial education. Permanent judicial presence in the provincial court (and equal to) from the point of view of civil status can be considered as a "branch" of the regional court (and equal), so it is not a legal entity. At the same time, the permanent judicial presence in the provincial court (and equal) operates separately from the regional court, independently carries out justice on behalf of the Russian Federation. Conclusions: the Permanent judicial presence as a separate judicial division of the Supreme court of the republic within the Federation, territorial and regional court, court of an autonomous region and autonomous region, and district (city) court has a special judicial, civil and procedural status.
The district court of general jurisdiction, the supreme court of the republic and related to him courts, the permanent presence of the court, the validity of its creation, the legal status of a permanent presence of the court
Короткий адрес: https://sciup.org/147202442
IDR: 147202442