Problems of legal regulation of extra-procedural appeals to judges
Автор: Zhemaletdinov Rustem Maratovich
Журнал: Правовое государство: теория и практика @pravgos
Статья в выпуске: 3 (41), 2015 года.
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Legal regulation of information publication on extra-procedural appeals to judges, in the context of operation of principals of civil procedural law, becomes very important. Introduction into procedural legislation of statutes, which determine the order of court actions in case of an extra-procedural appeal, is an attempt to counter-stand illegitimate (including corruption) manifestation, while the court executes justice. However, the order of information disclosure on such appeals, which exists at present time, does not correspond to the principals of publicity of court proceedings and independence of judges. Thus, it is required to specify the legislative definition of the notion “extra-procedural appeal”, to separate extra-procedural appeal from other forms of appeals to the court, which are used in practice (for example, preliminary appeal petition), to improve the order of declaration of appeals as extra procedural, to set and specify the timeframe of information publication on extra procedural appeals in the Internet, to foresee the responsibility of court workers for violations of stated time limits, to determine cases which allow publication of extra procedural appeals without the resolution of the presiding judge. Moreover, it is necessary to post on websites of courts the information on court orders (that have entered into legal force) on calling to account of people for extra procedural appeals.
Extra-procedural appeal, principle of independence of judges, interference in the activity of executing justice, forms of appeal to the court, procedural legislation, information, responsibility
Короткий адрес: https://sciup.org/142232638
IDR: 142232638