No 3 (2023)

The object of the study is the system of resource provision of the judiciary in the dynamics of its historical development. The authors analyze the formation and development of the regulatory framework for the functioning of the Judicial Department under the Supreme Court of the Russian Federation as a federal state body that provides organizational support for the activities of the supreme courts of the republics, regional and regional courts, courts of federal cities, courts of the autonomous region and autonomous districts, district courts, military courts for the administration of justice, as well as judicial bodies. communities and financing of magistrates.

A comparative legal analysis of the powers of the relevant structure in the UK government system, which is responsible for “ensuring proper conditions for the functioning of the judicial system, its financing and real estate management” – Her Majesty’s Courts and Tribunals Service (HMCTS), has been carried out. As a result, the authors conclude that Russia of the future confidently wins the competition of judicial systems in the international arena largely due to the implementation of state policy in the field of justice through the Judicial Department, which is an important and really functioning institutional mechanism in the constitutional system of protection of human and civil rights and freedoms in the Russian Federation.

The scientific novelty of the article is due to the combination of a comparative method with a dialectical approach when comparing the legal statuses of the Judicial Department with the analogue of this body in the judicial system of Great Britain. The combined method of research made it possible to identify the archaic essential parameters of the judicial power of the United Kingdom and to prove that the approaches to the legal construction of the Judicial Department have largely turned out to be more progressive than the principles of the construction of the judicial systems of some foreign countries.

The article presents the implementation of the powers of the Judicial Department at the Supreme Court of the Russian Federation to maintain judicial statistics in 1998–2022.

The purpose of the work: analysis of the stages of development of the system of statistical reporting of courts, definition of tasks and prospects of conducting judicial statistics.

Practical conclusions are formulated. In the course of the research, system analysis, conceptual-logical, statistical, historical methods were used.

The article analyzes the peculiarities of interpretation by courts of the norms of law in the framework of civil and arbitration proceedings. The concept of interpretation in the context of judicial activity is considered, as well as the types of interpretation used by courts when considering specific cases, including, taking into account the analysis of existing law enforcement practice.

The conclusion was made about the systemic nature of judicial interpretation. It is proposed to amend the rules of procedural legislation concerning the disclosure of the concept of “misinterpretation of the law”.

Modern social relations are undergoing serious changes under the influence of objective circumstances in all spheres of human activity. Judicial proceedings as an institution for the protection of the rights, freedoms and legitimate interests of man and citizen should be modernized as much as possible, according to current requirements, while maintaining its essence. One of the current trends in judicial proceedings is the digitalization and application of the online format of trial. The special features of criminal proceedings and its essence require a special approach of using videoconferencing while criminal trial. The Supreme Court of the Russian Federation was the first to use video conferencing technology during the trial, thereby demonstrating its capabilities. The consideration of cases by the Supreme Court of Russia in an online format demonstrated the effectiveness of digital technologies using, simultaneously helped to reduce court costs. At the same time, the draft legislative regulation of the trial using video conferencing demonstrated a cautious approach to the digitalization of criminal proceedings for a number of reasons, which will be discussed in this article.

Clarifications of the Supreme Court of Russia on informatization issues in the relevant Concept approved by the Order of the Chairman of the Supreme Court of the Russian Federation dated February 15, 2021 No. 9-P are of great importance for the digitalization of legal proceedings. Having analyzed the current situation of the introduction of videoconferencing in court proceedings, the authors come to the conclusion of necessity for legislative regulation of court proceedings in an online format, especially criminal one.

Judicial practice is analyzed in the application of novels: acts enshrined in Art. 207.1 and 207.2 of the Criminal Code of the Russian Federation related to the COVID-19 pandemic, a global challenge of our time, the amendment of Part 1 of Art. 236 of the Criminal Code of the Russian Federation in connection with this problem. It is noted that the legislator has shifted the focus of public danger to the stage of threat in the construction of the objective side of a number of crimes, which raises questions of law enforcement from the standpoint of the criminal process. This led to research interest in the problem of proving the presence of such elements of crime. The analysis is preceded by a brief digression into the solution of a number of legislative problems by the forces of the highest judicial body – the Supreme Court of the Russian Federation.

In the process of writing the article, more than 30 convictions for the crimes in question were studied. At the same time, the authors were also interested in the issues of the features of proving the presence of a “threat”, and the points of proof related to the interpretation in resolving the issue of qualifying an act: as a misdemeanor or as a crime under similar circumstances.

The authors mention the foreign experience of qualifying acts on the spread of coronavirus infection on the example of the criminal law of Great Britain and the United States. Of interest are the elements of crimes on criminal liability in terms of qualifying threats of the spread of viruses and diseases and the assessment of certain actions of individuals as a threat to the spread of diseases and / or a terrorist threat.

Since the courts are called upon to check the correctness and legality of the application of the rules of law and often they have to fill in the gaps through interpretation and enforcement, the authors conclude that it is necessary to clarify the analyzed norms and the procedure for law enforcement in the context of the massive spread of coronavirus infection by the Plenum of the Supreme Court of the Russian Federation in the next decision.