THE EFFECT OF CHANGING THE RULES OF APPOINTMENT ON POSTS RELATED TO THE ADMINISTRATION OF JUSTICE ON THE REALIZATION OF THE RIGHT OF CITIZENS TO JUDICIAL PROTECTION
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 5, Issue
Abstract
The article is devoted to the results, which led to changes in legislation which regulate the formation of the judiciary in Russia after the collapse of the USSR. In tsarist Russia, several judicial reforms passed, the laws on the judiciary changed, but the principle remained, according to which the judges of the first (lower) level were elected for a statutory period. This tradition was preserved in the USSR. Since 1992, judges have been appointed not by direct elections for a statutory period, but, depending on the position, are appointed for unlimited period, if there is a positive opinion of the relevant Qualification Collegium of Judges, by the submission of the President of Russian Federation or by the Federation Council of the Federal Assembly of the Russian Federation. A significant reduction in the number of canceled decisions is the result of changing in the order of formation of the judiciary. For example, The Cassation Collegium of the Supreme Court of the RSFSR in criminal cases from July 1, 1923 to January 1, 1924, examined 2,528 criminal cases. Concerning 259 condemned court sentences have been canceled on various grounds. In the indicated period, the percentage of canceled court sentences was 10.2%. It should be taken into account that acquittals were issued by the Supreme Court in the conditions of the “dictatorship of the proletariat”, “revolutionary expediency” etcetera. The statistics of the activity of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation for the first quarter of 2008 contains the data: 1020 criminal cases were considered in cassation procedure. The convictions have been repealed with the termination of the case in full – 2 people (statistical information site of the Supreme Court of the Russian Federation). For the first quarter of 2008, the percentage justified by the Supreme Court of the Russian Federation was less than 0.2%. For 90 years, the percentage justified by the Supreme Court has dropped by about fifty times.
Authors and Affiliations
С. Н Салун
Keywords
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