The Subject Composition of Judicial Control in Russia
- Authors: Markhgeym M.V.1, Peterburgskiy A.P.1
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Affiliations:
- Belgorod State National Research University
- Issue: Vol 16, No 1 (2023)
- Pages: 39-45
- Section: Public Law (State Law) Sciences
- URL: https://journals.eco-vector.com/2072-3164/article/view/569051
- ID: 569051
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Abstract
The article substantiates the author's approach to the designation and categorization of subjects of judicial control. The relevance of addressing this topic is justified by the variety of legislative provisions, as well as the results of scientific research, which are rather fragmented than an orderly system. Within the framework of the institutionalization of judicial control that we are developing, the question of its subjects is of great scientific and practical importance.
As a result of the author's analysis of legal and doctrinal sources devoted to subjects of judicial control, this category is defined as a mandatory element of the institution of judicial control, which has a complex structured character. At the same time, it is proposed to use the term "subject composition" as an integrating concept, within which two groups of subjects are identified and characterized – basic and optional.
The approach described in the article can be adopted for legislative regulation in order to streamline and unify judicial control procedures in terms of building an optimal model of the legal content of the relevant legal relations.
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About the authors
Marina V. Markhgeym
Belgorod State National Research University
Author for correspondence.
Email: markheim@bsu.edu.ru
ORCID iD: 0000-0002-9456-1137
Scopus Author ID: 57190878608
ResearcherId: U-9679-2017
Dr. Sci. (Law), Professor, Head of Constitutional and International Law Department
Russian Federation, BelgorodAndrey P. Peterburgskiy
Belgorod State National Research University
Email: 625753@bsu.edu.ru
postgraduate student, Constitutional and International Law Department
Russian Federation, BelgorodReferences
- Alpatov Yu.M., (2016), Issues of procedural law and judicial control. Scientific Proceedings of the Russian Academy of Advocacy and Notary, 3 (42): 92-95.
- Balashova I.N., (2019), Clarification of a court ruling as a form of manifestation of judicial power in enforcement proceedings. Court Administrator, 3: 6-10.
- Balayan E.Yu., Sychev S.S., (2020), Enforcement of decisions of the Constitutional Court of the Russian Federation on complaints of violations of constitutional rights and freedoms of citizens. Russian Justice, 10: 31-33.
- Bondar N.S., Dzhagaryan A.A., (2018), Justice: orientation to the Constitution: monograph. M.: NORM, INFRA-M, 224 p.
- Burmagin S.V., (2020), Metamorphoses of the adversarial nature of criminal proceedings in cases of judicial control. Lex russica, 2: 44-62.
- Endoltseva A.A., (2022), Judicial control procedure for making a decision on pre-trial production of investigative and other procedural actions as an effective mechanism for protecting the rights of participants in criminal proceedings. Russian judge, 4: 42-46.
- Kolokolov N.A., (2014), Operational judicial control in criminal proceedings. Moscow: Lawyer, 2008. 416 p.
- Justice in the modern world: monograph, (2012) / edited by V.M. Lebedev, T.Ya. Khabrieva. M.: Norm, Infra-M, 704 p.
- Tatarinov S.A., (2014), On the question of the principles of the implementation of constitutional legal proceedings in the Constitutional Court of the Russian Federation. Constitutional and Municipal Law, 3: 57-61.
- Umarova M.A., (2018), The mechanism of judicial control: a general theoretical study: diss. ... cand. jurid. sciences'. Kursk, 204 p.
- Fialkovskaya I.D., Tonenkova O.A., (2008), Judicial control in the sphere of executive power: concept, signs, place in the system of administrative law. Bulletin of the Nizhny Novgorod University named after N.I. Lobachevsky, 3: 208-212.
- Tsvetkov Yu.A., (2014), Investigator on appeal. Criminal Proceedings, 4: 27-32.
- Chaptykov A.V., (2007), The concept and classification of subjects of the right to appeal to the bodies of constitutional justice. State Power and Local Self-government, 4: 7-11.
- Shekshueva O.N., (2022), Judicial control activities and evidence in pre-trial proceedings. Russian Judge, 7: 9-14.
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