Shchedrina Y.V. —
State policy in the area of ensuring independence of judges in Russia
// Law and Politics. – 2016. – ¹ 7.
– P. 919 - 927.
DOI: 10.7256/2454-0706.2016.7.13547
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Abstract: The subject of this research is the state policy on correction of legislation in the area of judicial independence of the state (crown and peace) courts during 1905-1917. Analysis is conducted on the normative legal acts that regulate the organizational legal (irremovability of judges and special order of prosecution, incompatibility of posts, independence of court from the branches of administrative power) and social law guarantees of independence (high salaries) of judges of state courts in the aforementioned period, as well as the evolution of views of the legislator in their development and enactment. The author concludes that the Revolution events of 1905 I the subsequent modernization of the political system of the Russian Empire required yet another correction in the mechanism of guarantees of independence of judges. Analysis of the legislation, normative acts and legal practice allows the author to argue the established thesis on the attempt of the government to decisively end the independence of judges. It is substantiated that the legislation of this period was characterized by the conscious refusal of the government to limit the most important guarantees, clarification of some of them (incompatibility of posts due to realization of the norms of the October 17, 1905 Manifesto on formation of political parties) and certain expansion of the ties with the judicial reform of 1912.
Shchedrina Y.V. —
State policy in the area of ensuring independence of judges in Russia
// Law and Politics. – 2016. – ¹ 7.
– P. 919 - 927.
DOI: 10.7256/2454-0706.2016.7.42669
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Abstract: The subject of this research is the state policy on correction of legislation in the area of judicial independence of the state (crown and peace) courts during 1905-1917. Analysis is conducted on the normative legal acts that regulate the organizational legal (irremovability of judges and special order of prosecution, incompatibility of posts, independence of court from the branches of administrative power) and social law guarantees of independence (high salaries) of judges of state courts in the aforementioned period, as well as the evolution of views of the legislator in their development and enactment. The author concludes that the Revolution events of 1905 I the subsequent modernization of the political system of the Russian Empire required yet another correction in the mechanism of guarantees of independence of judges. Analysis of the legislation, normative acts and legal practice allows the author to argue the established thesis on the attempt of the government to decisively end the independence of judges. It is substantiated that the legislation of this period was characterized by the conscious refusal of the government to limit the most important guarantees, clarification of some of them (incompatibility of posts due to realization of the norms of the October 17, 1905 Manifesto on formation of political parties) and certain expansion of the ties with the judicial reform of 1912.
Shchedrina Y.V. —
The judges’ affiliation with political parties and question of ensuring judicial independence in Russia: historical-legal aspect
// Genesis: Historical research. – 2016. – ¹ 5.
– P. 99 - 111.
DOI: 10.7256/2409-868X.2016.5.20718
URL: https://en.e-notabene.ru/hr/article_20718.html
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Abstract: The subject of this research is the normative regulation of judges’ affiliation with political parties due to ensuring the judicial independence. Throughout the three period of development of the Russian state (pre-revolutionary, Soviet, and post-Soviet), the article examines the relation of government to membership of the judges in political parties, as well as provides statistical data on this matter. The author attempted to conduct a comprehensive research, which allows tracing the position of a legislator regarding the party status of the judges across the entire period of development of the Soviet state. The conclusion is made that during these periods of development of the Soviet state, when the government strived to establish an actually independent court, it strictly prohibited the membership of judges in political parties. Violation of such prohibition resulted in preliminary cancellation of the judiciary powers or even resignation.
Shchedrina Y.V. —
The improvement of judges endowment mechanism in the projects of the N.V. Muravyev's Commission
// Legal Studies. – 2014. – ¹ 12.
– P. 24 - 34.
DOI: 10.7256/2409-7136.2014.12.1362
URL: https://en.e-notabene.ru/lr/article_13626.html
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Abstract: The research is devoted to judges endowment mechanism normative regulation in the projects of the Commission aimed at the revision of the statutes of the so-called "N.V. Muravyev's Commission". The article considers law enforcement in the sphere of judges endowment legal regulation in Russia in the late 1860s - the early 1890s. The author outlines the key problems in the state justice financing, analyzes the measures proposed by the Muravyev's Commission to improve the mechanism of judges endowment. The author uses chronological method, historical and typological method, comparative and juridical method, comparative and historical method, and others. The scientific originality is based on the formulation of the problem and the lack of study of this problem in the Russian historiography. The author comes to the conclusion that the question of judges endowment was considered one of the most important in the work of the Commission. Realizing the importance of high rates of wages for judges' independence and the problem of current financing of both crown and local courts, the Commission had made some important decisions in the sphere of judges endowment mechanism improvement. Realization of those measures could have raised the level of social and legal safeguards of judjes' independence, but it never happenned due to the government's refusal to formalize the bills.
Shchedrina Y.V. —
// Law and Politics. – 2014. – ¹ 6.
– P. 835 - 846.
DOI: 10.7256/2454-0706.2014.6.12293
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Shchedrina Y.V. —
// Law and Politics. – 2014. – ¹ 6.
– P. 835 - 846.
DOI: 10.7256/2454-0706.2014.6.42473
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Shchedrina Y.V. —
// Law and Politics. – 2014. – ¹ 2.
– P. 207 - 218.
DOI: 10.7256/2454-0706.2014.2.10892
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Shchedrina Y.V. —
// Law and Politics. – 2014. – ¹ 2.
– P. 207 - 218.
DOI: 10.7256/2454-0706.2014.2.42407
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Shchedrina Y.V. —
// Politics and Society. – 2013. – ¹ 1.
DOI: 10.7256/2454-0684.2013.1.7149
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Shchedrina Y.V. —
// Administrative and municipal law. – 2012. – ¹ 12.
DOI: 10.7256/2454-0595.2012.12.6920
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Shchedrina Y.V. —
// Administrative and municipal law. – 2012. – ¹ 12.
DOI: 10.7256/2454-0595.2012.12.6936
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Shchedrina Y.V. —
// Law and Politics. – 2012. – ¹ 10.
DOI: 10.7256/2454-0706.2012.10.6609
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Shchedrina Y.V. —
// Law and Politics. – 2012. – ¹ 10.
DOI: 10.7256/2454-0706.2012.10.42095
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