State and municipal administration. Principles of administration of justice in the Russian Federation (the most important)

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State and municipal administration. Principles of administration of justice in the Russian Federation (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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23. Principles of the administration of justice in the Russian Federation

1) equality of all before the law and the courts (the courts do not give preference to any bodies, persons, parties to the litigation on the grounds of their state, social, gender, racial, national, linguistic or political affiliation, depending on the origin, property and official status, place of residence, place of birth, relationship to religion, beliefs, membership in public associations, etc.);

2) openness, publicity, publicity of the trial (This principle does not mean an absolute ban on holding closed court hearings. In the cases provided for by law, related, in particular, to the consideration of issues of state, commercial secrets, secrecy of adoption, intimate relations of the parties and otherwise, closed hearings may be held; in this case, the decision ( sentence) of the court is in any case announced publicly);

3) the integrity of the trial (according to the general rule, participants in the process must be present in the courtroom, the court and participants in the process must have the opportunity to ask each other questions, give explanations, etc. Trial in absentia is possible both in criminal and civil proceedings, but only as an exception in the limited cases provided for by law and on the mandatory condition that such proceedings will not interfere with the establishment of the truth);

4) accessibility of the language of legal proceedings (the general rule is the conduct of legal proceedings and office work in courts in the state language of the Russian Federation or a republic within the Russian Federation, however, in any case, persons participating in the case who do not speak the language of legal proceedings are guaranteed the right to speak and give explanations in their native language or in any freely chosen language, as well as to use the services of an interpreter);

5) competition and equality of the parties (the parties in the trial - the plaintiff and the defendant, the accuser and the accused - have absolutely equal procedural rights and opportunities to substantiate their position and refute the position of the other side; overcoming the accusatory bias in criminal proceedings is one of the tasks of the judicial reform being implemented in Russia);

6) combinations of collegiate and individual principles in the administration of justice. On behalf of the state, he can administer justice as a single judge;

7) (such participation is possible as arbitrators and jurors).

The principles of justice are directly related to the constitutional guarantees of judicial protection of violated rights, which are part of the constitutional and legal status of the individual.

Author: Konstantin Sibikeev

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