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 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. —
Issues of Legal Support of Irremovability of Judges in Activity Performed by the Highest Established Commission for Reviewing Court System Regulations
// Genesis: Historical research. – 2014. – ¹ 6.
– P. 171 - 186.
DOI: 10.7256/2306-420X.2014.6.13697
URL: https://en.e-notabene.ru/hr/article_13697.html
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Abstract: As object of research the standards of the project of new edition of the Establishment of judicial establishments developed within functioning of Most highly founded commission for revision of statutes by judicial part (N. V. Muravyyov's Commissions) regulating the principle of an irremovability of judges act. In article specifics of legal regulation and practice of realization of the principle of an irremovability of judges at the beginning of the 1890th are considered, the course of discussions within work of the Commission on a question of standard fixing of the principle of an irremovability is lit, short stories of the project regarding legal regulation of the specified principle are analyzed. During research by the author the following methods of research were applied: chronological, historical and typological, comparative and legal, comparative-historical and others. In article the conclusion which settled in science that activity most high was directed to the founded commission for revision of statutes by judicial part on elimination of the principle of an irremovability is challenged; it is proved that updating of provisions of Judicial charters for elimination from the legislation of the mechanism of a nemenyaemost absolute, negatively affecting structure of the judicial case became a task of the Commission. The conclusion is drawn that the objective was solved only partially by reorganization of system of the bodies considering questions of the early termination of powers of judges without their soglasiyaa, and insignificant expansion of the bases for the early termination of powers.
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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