ARCHIVE FOR 2025 RUSSIAN
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Апрель 2025
CONTENT
Chief editor’s column
Interview of the issue
Topic of the issue
M.L. Galperin, V.N. Kostsov The Sunset of the Success Fee, or Arithmetic and Economics of Justice The article, using current examples from Russian and international
practice, attempts to assess the real economic significance of legal
costs, the impact of their regulation not only on the number of
new cases coming to court, but also on maintaining law and order
in general, creating incentives for lawful behavior, including those
in relations between entrepreneurs. According to the authors,
the question of whether the state fee should be high or low, and
whether the losing party should be charged the corresponding
costs, including the success fee, requires a complex, nuanced
solution that is not exclusively related to the problem of ensuring
access to justice, the workload of judges, or achieving abstract
justice.
Keywords:
access to justice, legal costs, success fee, state fee, economic analysis of law
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I.N. Kashkarova Certain Issues of the Implementation of the Right to Judicial Protection in the Event of Property Damage Caused by Acts of Public Authorities The article is a continuation of the discussion on the expansion of
state liability for damage caused. The author presents the results
of the study of approaches to the problem of compensation for
damage caused by the erroneous application of procedural coercion
measures existing in the doctrine and judicial practice. The analysis
made it possible to identify and evaluate such a procedural condition
that affects the possibility of establishing state liability for damage
caused regardless of guilt, as preliminary judicial control over the
application of coercive measures. It is shown that the extension
of the criminal procedural rehabilitation regime to proceedings on
administrative offenses should take into account the procedures
of preliminary judicial control in the implementation of procedural
coercive measures, which, in turn, in the event of their erroneous application, taking into account the effect of paragraph 2 of
Article 1070 of the Civil Code, can block effective judicial protection
in disputes arising from torts.
Keywords:
preliminary judicial review, compensation for damage, administrative liability, rehabilitation, state liability, immunity from liability
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D.A. Tumanov If Not the Court, Then Who? The article addresses the issue of the admissibility of judicial review
of the activities of bodies of legislative and executive power carried
out within the framework of their discretion, and primarily when they
resolve problems relating to public interests.
It is concluded that the courts should be able to exercise control
over such activities, since only in this case the implementation of
public interests can be ensured in the State. At the same time, the
admission of such control does not contradict but fully complies with the principle of separation of powers. Emphasis is put on
the fact that due to the very nature of the bodies of legislative and
executive power, it is far from always possible to take into account
various interests and ensure a balance between them. However, the
judicial power is fully capable of this.
Keywords:
limits of judicial review, discretion of bodies of legislative and executive power
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O.V. Kadysheva Limits of Judicial Protection within the Advisory Jurisdiction of the Court of the Eurasian Economic Union Advisory jurisdiction is an important instrument of international
justice and plays an essential role in the development of international
law. Advisory jurisdiction is inherent in a number of international
courts in one form or another and with varying degrees of activity.
Approaches to advisory jurisdiction have evolved and courts
have become more active in providing advisory opinions, thus
contributing to a higher level of legal certainty and stability in
international relations. The accumulated recent experience of the application of advisory
jurisdiction in international justice provides rich material both for
doctrinal generalisations and can be projected onto the relevant
practice of the Court of the Eurasian Economic Union, a relatively
«young» court, but one that is rapidly gaining momentum in law
enforcement practice.
Celebrating its tenth anniversary in 2025, the Court of the Eurasian
Economic Union, through its advisory opinions, demonstrates
an active endeavour to clarify legal issues and ensure uniform
application of the Union’s law.
Nevertheless, the activity of the EAEU Court in exercising advisory
jurisdiction highlights the existing problems and contradictions both
in the area of competences ratione personae and ratione materiae
in the field of advisory jurisdiction and in a number of other related
issues, what determines in general the limits of judicial protection
for persons whose rights and legitimate interests are protected by
the Court of the Eurasian Economic Union.
Keywords:
advisory jurisdiction, advisory opinions, international justice, Eurasian Economic Union, the EAEU Court
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N.S. Bondar, K.P. Krakovsky At the Origin of the National Model of Precedent, Judicial Law-Making and Judicial Law (in the Light of the Great Judicial Reform of 1864) The article is devoted to the problem of historical continuity in the
development of judicial power in Russia. A special place in this
regard is occupied by the ideas of the Great Judicial Reform of 1864,
their implementation throughout various periods of the development
of Russian statehood up to the 21st century. Of particular importance
not only in doctrinal but also in practical terms is the assessment of
the features of the formation — based on the ideas of the Judicial
Reform of 1864 — of the law-making function of the domestic court,
the emergence of a national model of precedent principles and the
creation on this basis of prerequisites for the formation of judicial
law. A special role in the development of these processes belonged
to the Ruling Senate, whose precedent-significant decisions are not
only historically significant, but also retain their relevance in the
modern conditions of the development of the judicial system and the
formation of judicial law.
Keywords:
judicial reform, judicial precedent, judicial independence, judicial constitutionalism, Ruling Senate
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P.V. Krasheninnikov Preparations for the Nuremberg Trials We publish an excerpt from P.V. Krasheninnikov’s book ‘On the
Way to Superpower. State and law in times of war and peace (1939-
1953)’ about how the Nuremberg Tribunal was created and on which
legal grounds it was based upon.
Keywords:
International Military Tribunal, Nuremberg Trials, Crime against Peace, Crime against Humanity
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Legal Chronicle In the April Chronicle read comments on the new legal institution of self-limitation on credit,
which was introduced into law in February 2024, on the law amending the Criminal Procedure
Code within the framework of humanisation of criminal policy, as well as on international trends
in the regulation of freedom of speech on the Internet, using the example of significant legislative
changes in the field of guaranteeing freedom of speech in the United States, adopted with the
President Trump return to power.
Keywords:
self-loan ban, consumer protection, criminal procedure, detention, non-violent offences, freedom of speech, digital environment
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Press Release
Discussion Board
Yu.B. Fogel’son Law, Science, Justice The article examines the content and subject of legal science.
The author shows how limitation of the subject of legal science
to behavioral models only, and its content to searching for the
relationship of such models completely emasculates it, does
not make possible to evaluate the real work of the legal system.
The article also examines the issue of the normativity of law and
the relationship between normativity and justice. According to
the author, only a spontaneously created legal order can bring justice
and be truly normative. Its creation is possible not only in the courts,
but also as a result of the work of legal scholars in the out-of-court
resolution of conflicts of interest arising in society.
Keywords:
law, legal science, asociality, justice
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I.S. Terekhin, A.A. Shugulbaeva A New Look at the Institute of Arbitrazh Assessors The article analyses the current state of the institute of arbitrazh
assessors, including the frequency of its use, the composition of the
assessors, the mechanism for their recruitment and remuneration.
The authors compare the current norms of the Russian Arbitrazh
Procedure Code with the regulatory regime in the period before
2010, when the number of cases considered with the participation
of assessors increased annually. The result of the study is the
conclusion that it was at this time that the degree of parties’ discretion
in the application of the institution in question began to diminish.
Recognising the progressiveness of some of the current provisions
of the Arbitrazh Procedure Code on assessors, the authors propose
to supplement the law with a rule on the mandatory satisfaction
of a petition for consideration of a case with arbitrazh assessors
for certain categories of disputes. Such a decision is based on the
system for considering economic disputes with the participation of
citizens proposed by the Supreme Arbitrazh Court and the regulatory
framework preceding the changes in procedural legislation in 2010.
The proposed changes should be implemented gradually so that the
reduction in the workload of judges and the increase in the efficiency
of arbitrazh proceedings are achieved without harm to the economy
and the judicial system itself.
Keywords:
arbitrazh assessors, special knowledge, cases of particular complexity, participation in the administration of justice, judicial workload
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Theory and practice
A.O. Rybalov Neighbouring Property Right Boundaries The term «neighbour law» denotes a set of rules describing the
conflict of subjective rights to neighboring plots. Within the
framework of this institution, no “subjective neighborly rights”
arise. This distinguishes neighbour law from the category of
limited property rights, which are intended to isolate subjective
rights to one thing that are different from the right of ownership.
Within the framework of “neighborly” relations, the possibility
of access to a neighboring plot is an element of the right of
ownership itself. This leads to serious practical conclusions.
The most important area of application of these provisions
could be the so-called right of necessary passage (laying of
communications), which the owner of the plot has simply by
virtue of having the right of ownership.
Keywords:
neighbouring rights, ownership, real estate, easement, right of necessary passage
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G.G. Volkov Legal nature of exceptio non adimpleti contractus The article examines current issues of the origin and development of
the institute of objections, including the analysis of the meaning of
exceptio in Roman law, the essence of the synallagmatic contract and
the limits of the independence of obligations arising from it, as well
as a comparison of the regulation of ope exceptionis and ex officio.
The author asks the question of what is the nature of exceptio non
adimpleti contractus, whether it should be attributed to a genuine
exception (wahre Einrede) and whether its application should be
recognised as the implementation of a subjective right, and also
determines the place of exceptio non rite adimpleti contractus in the
system of objections.
Keywords:
exceptio non adimpleti contractus, subjective rights, mutual obligations, exceptio non rite adimpleti contractus, secondary rights, synallagmetic contract
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V.A. Savinykh Competition of Cadastral Value Revision Procedures: Articles 16 and 21 of the Law on Cadastral Valuation The procedure for revision of cadastral value due to changes in the
data of the Unified State Register of Real Estate (Article 16 of the Law
on Cadastral Valuation) provides, among other things, clarification
of cadastral value, which is calculated on the basis of incomplete or unreliable data on the object. In this role, this procedure competes
with the procedure for correction of errors made in determining
the cadastral value (Art. 21 of the Law on cadastral valuation). The
author concludes that free competition of the described procedures
is possible, but only in those cases when the revision of the cadastral
value associated with the correction of the error leads to a decrease
in the cadastral value. If the revision leads to an increase in the
cadastral value and is related to the correction of an error, then
only a special procedure under Article 21 of the Law on Cadastral
Valuation can be applied.
Keywords:
cadastral value, competition of procedures, revision of cadastral value
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E.V. Gavrilov On the Electronic Screenshot as Evidence in Civil Proceedings This article examines the use of screenshots in the form of an electronic
document (electronic screenshots) in civil and arbitrazh proceedings,
as well as in administrative proceedings. The author highlights the
absence of a legal definition of a screenshot as a type of evidence and
refers to doctrinal sources and judicial practice to clarify its nature.
The study presents arguments in favour of recognising a screenshot in
the form of an electronic document (electronic screenshot) as having
a digital legal nature and being admissible as evidence. Although the
Plenum of the Supreme Court of the Russian Federation emphasises
that a screenshot must be printed and may be considered as a written
evidence under certain conditions (certification by the parties involved
in the case, indication of the webpage address in the Internet, and
the time of retrieval), the author draws attention to a trend toward
simplifying the evaluation of such evidence. However, the legislature
and judicial practice still need to develop an effective mechanism for
assessing electronic screenshots as proper evidence.
Keywords:
screenshot, electronic screenshot, evidence, evaluation of evidence
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