tv RIK Rossiya 24 RUSSIA24 November 29, 2022 2:00pm-2:31pm MSK
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as a decision that depended not only on the legislator? uh, and but even at a certain stage , to a greater extent, i would say even from the judiciary , including the supreme court and the constitutional court. i mean the question of the death penalty. in connection with this, the justice of humanism, which we must always remember, bearing in mind the principle and activities of the court and the administration of justice, a periodic question is raised. let's introduce the death penalty. i do not presume to speak instead of politicians the place of sociologists legislators, because it is their prerogative, but there are also legal prerogatives, including the constitutional court, this moratorium is based on two decisions of the constitutional court in 1999. and we took it for you in 2000 the ninth year. usually
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remember and including. uh, those who seek to immediately restore this measure of punishment to the european court now that we have withdrawn from the european convention, forget about it. we are free. i want to say that we still need to carefully read the decision of the constitutional court in the ninth year constitutional court. in the ninth, i did not just say that a moratorium has developed in russia over many years, but we will actually talk about it. uh, vyacheslav nikolaevich was no longer used in the fifty-sixth year, correct me there, in my opinion, two, or something, sentences were brought in august, and that’s it. this has been the end of these years. and now, after the ninth year, we are already in the twenty-second year, as the constitutional court then said . be sentenced. we are on death row. tell
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me, please, how to proceed in these cases in order to introduce an adjacent execution now, of course, they say so, well, in the twentieth article of the constitution it is said that until the complete abolition. the fact is that the constitutional court interpreted this regime, which was formed on the basis, it means this whole case, and the legislator, after all, did not say anything about this and does not say anything, thank god that you need to suddenly turn the wheel, e everything back, but it seems to me that some points are even more important international vector on december 16, 2020, the general assembly adopted a resolution on the moratorium on the use of the death penalty and calls on all countries to introduce this moratorium, those that, of course, did not introduce in 2017. death by execution was certainly not used in 170 countries, and among them was russia
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. e, once again, emphasizing i do not want and i cannot and have no right to interfere in the affairs of the political decision of the legislative decision. but, probably, you still need to come to these conditions, you only come to the conclusion that a change in the constitution, since its official interpretation was given by the constitutional court under these conditions, can serve as the basis for the resumption of the death penalty, but let me remind you that this article twenty refers to chapter two of the law and freedom of the citizen. e, man and citizen and e. the fact is that the constitution is structured in such a way that in order to change this article and introduce a different meaning to it, you need to to practically adopt a new constitution. therefore, if uh, those authors who are in favor of
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it are ready. well, what is called a bottle in hand, but i could not help but say this. i want to say that this is not my subjective opinion. i spoke in this part on behalf of the court, setting out the consolidated position of the constitutional court, so vladimir vladimirovich raised the issue already. uh, electro it electronics of all this new computerization and so on it is obvious that we cannot already live this to me, if we do not master this, then the country will thrown back, but in this process, so to speak , there are two aspects, without this it is impossible, but the question of peace arises, probably, the judicial system has not yet been resolved. far from even everything is decided with the implementation. uh, the so-called these aspects of electronic justice, but anchor, i would like to
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say that there are still, probably, limits, when it all comes down to what they say instead of a person, there will be electronics and as justice, as in general for humanism and others. eh, means all things. i think, it seems to me that never will replace for the foreseeable future. tee referee and in that sense there is nothing to worry about. in this connection, i recall an excerpt from a poet. tut recently said science is moving and soon. we will do without ourselves, but i think this is just a warning against the fact that there is, as it were, dough or caesar’s and god, i emphasize to the god of god once again that without electronic justice on a large scale, which it gives the opportunity to facilitate justice to speed up. uh, that's it, it's necessary, because otherwise we'll be left with something like this operating on the iphone model.
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let's come to life in some antediluvian morse code box of the late 19th century, as if it were without electronics, and it should also be said that under these conditions, these are all the problems that e are pulled together in a tight, so to speak, tangle around e, tasks and functions actions of the judiciary. and, of course, they face the problem of trust. e to court the right of the courts in a broad sense to the loyalty of citizens in general and, uh, we must not forget that this is the problem. now. it seems to me that in the conditions of competition of judicial systems, as well as competition of legal systems. which country, not only in international regional terms, provides more comfortable within itself, but in terms of law. e, de-protection of the rights and freedoms of man and citizen, protection of their sovereignty, protection of the interests of the state of society,
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each and every person. and i must say that this is not without a struggle. we constantly see all sorts of fierce geological struggles. and in this regard, of course, in the first part we listened to reports, er, including about what is, of course, not without sin. uh, and in the judiciary, but let's listen nevertheless, uh, let's listen to the fact that if in the country u is allowed approximately how many 35 million did more already, let me tell then. and that all this is being done at the behest of the customers, at the behest of the kremlin, at the behest of the governor, and so on. i just don't believe it. it's not mine, it can't be. and, of course, in this regard, it must be said that our task is to make the judicial system competitive, because it reflects
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the application of laws and rights, and they, in turn , are also in competition of legal systems on international arena and the question is how do they provide technological development flows of technological competition finance, and er, means investment. and now, finally, i have the whole humanitarian sphere, so to speak, social social services. i think that in this regard, the judge of the entire judicial community has an even greater task for the council. but i would like to conclude here with two points. the first thing that all this and all the problems is that there should not be, nevertheless, with all the attractiveness foreign should not be an import substitution trial. and the second is that the court is still power. we are not beggars. we are one of the branches of power, if the court does not
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find adequate protection of its decisions and the decisions are not executed. perhaps then there can be no justice. that is, if we, if society we all do not protect the court in this sense, then the court will not protect us, our society, and i think that in disputes about law , it is the court that puts an end to it, because the court is power. thank you dear presidents of the russian federation dear valery dmitrievich dear delegates and guests of the tenth anniversary all-russian congress of judges in the history of the judicial system of the russian
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federation 2022 is associated with two important events that harmoniously complement each other with the centenary of the formation of the supreme court of the russian federation and the tenth anniversary all-russian congress of judges. 100 years ago, on november 11 , 1922, the all-russian central executive committee adopted a regulation on the judiciary p in accordance with which the highest judicial body, the supreme court of the ussr, was created, the law on creative and law enforcement the activities of the supreme court of the russian federation became especially rich and intense. and during the period of formation in the russian federation of the foundations
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of a democratic legal state of a market economy and changes in the socio-political life of the country on april 11, 1991, in a joint meeting of the ministry of justice and the president of the supreme court, it was adopted decision to hold the first congress of judges and approved the composition of the organizing committee for the preparation of congresses, which included representatives of all levels of the judiciary of russia, the first russian all-russian congress of judges was held on october 17-18. 1991. its delegates supported the proposal for the concept of judicial reform, prepared by the organizing committee of the congress, which provided.
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construction of civil criminal proceedings based on the principle of adversarial process introduction of a court with the participation of jurors of the appellate instance and the revival of the institution of magistrates, the delegates also discussed proposals for the introduction of a judicial procedure, the choice of a measure and the extension of a measure restraint in the form of imprisonment. establishment of judicial control over the actions and decisions of the investigating authorities formation of the system of bodies of the judiciary in the statement of the first all-russian congress of judges, attention is drawn to the need to approve the approval of the judiciary, an independent and influential force, equal in importance to the legislative and
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executive. the authorities of the supreme court of the russian federation and together with the judiciary began to actively implement these conceptual provisions, using the right legislative initiative on june 26, 1992, on the legislative initiative of the president of the russian federation, the supreme court and the committee on legislation of the supreme council, a law was adopted on the status of judges in the russian federation . regardless of the legislative and executive powers, as well as legal guarantees independence, non-removability
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and immunity of judges, the end of the last century was difficult in the history of our country, when individual constituent entities of the russian federation tried to form an independent judicial system, ensuring the unity of the legal space of the russian federation, the supreme court of the russian federation invalidated the provisions of legislative acts of the constituent entities of the russian federation that did not comply with federal legislation, canceled judicial acts issued by judges who were appointed not by the president of the russian federation, but by the authorities of the subjects of the federation in order to strengthen the rule of law, on march 25, 1994, the third extraordinary all-russian congress of judges approved the concept of the judicial system of the russian federation; its provisions
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became the basis of the draft federal constitutional law on the judicial system of the russian federation, in the preparation and discussion of which the supreme court of the russian federation took an active part in one of the most acute problems arising in this period of non-compliance with the provisions of article 124 of the constitution of the russian federation on the financing of courts in an amount that ensures the possibility of full and independent administration of justice, as well as material security. uh, judgment's provision was extremely low-funded for the courts. it was carried out irregularly and not in full in order to solve this system of their problems, and in december 1996, the fourth extraordinary congress
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of judges was created, which recognized the need to create a judicial department at the supreme court and the adoption of the federal law on the procedure for financing courts, implementing the proposals of the hmm congress of the supreme the court of the russian federation submitted to the state duma draft federal laws on the judicial department under the supreme court and the financing of the courts, which received the support of legislators and became laws, similar problems arose in the field of military justice in this regard. on the legislative initiative of the supreme court of the russian federation, the federal constitutional law on military courts was adopted in accordance with which the current version of which is their main areas were the judicial protection of the rights of military personnel
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legislative consolidation of the competence of the bodies of the judiciary on march 14, 2002 2009, on the legislative initiative of the supreme court , the federal law on the bodies of the judicial society was adopted. interaction. with which the supreme court of the russian federation studies , analyzes and implements their proposal, including as a legislative initiative, the observance of the principles of the primacy of law and the separation of powers is ensured through judicial control in the procedure of administrative proceedings. the supreme court of russia has consistently defended the need for legislative consolidation of this legal institute in september 2000. the supreme court
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of russia submitted to the state duma a draft of the federal constitutional law on federal administrative courts, which was adopted in the first reading on november 13, 2000, given that the constitutional provisions on administrative justice remained unfulfilled for a long time. by order of the supreme court dated september 15, 2003 , a judicial panel for administrative cases was formed in the judicial collegium for civil cases , and in november 2006, the supreme court introduced state duma draft code of administrative proceedings. the finalized draft code of administrative procedure was adopted on your esteemed vladimir vladimirovich legislative initiative and entered into force on september 15, 2015.
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administrative justice has established itself as a sought-after and effective institution for 10 months of this year, the courts of the russian federation cases, the plenum of the supreme court adopted 24 resolutions. for consideration of administrative cases and submitted to the state duma five draft laws of federal laws aimed at improving administrative justice; the formation of administrative legal proceedings in full ; one of the criteria for the effectiveness of legal proceedings is
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the quality of justice, which is ensured, among other things, by the uniformity of judicial practice over the past 30 years plenum of the supreme court of the russian federation adopted over 400 decisions on the law of application, and the presidium of the supreme court approved more than 150 reviews in judicial practice . reversal lsya to the issues of consideration by the courts of cases, and the protection of labor, pension, social and housing rights of citizens. sustainable social economic development is also facilitated by the improvement
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of judicial protection of the rights and legitimate interests of business, compliance with the adoption of legal certainty in the field of legal and certainty in the field and economy. after the merger of the supreme court and the supreme arbitration court, the plenum of the supreme court of russia adopted 39 resolutions containing legal oppositions that are taken into account by the courts in both civil and arbitration proceedings . as a result of this work, they were excluded. contradictions in the interpretation and application of the provisions of the legislation the courts of general and arbitration jurisdiction have created the necessary legal conditions for the stable implementation of investment and commercial activities in the russian federation. the quality of justice
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is determined primarily by the level of professionalism of the judges of the first and appellate instances, which are endowed with broad full procedural powers. in the field of researching evidence and establishing the factual circumstances of cases in order to improve the professionalism of the professional training of judges and improve their qualifications in 1999, on the initiative of the supreme court of the russian federation, the academy of the russian academy of justice was established, which since 122 2015 has been given the status of a university that will have to be more fully realized on the
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accumulated scientific potential. potential and more actively developed hmm to intensify work in the field of fundamental legal research an important condition for improving the quality of justice is the timely detection and elimination of judicial errors here with what the legislative initiative of the supreme court. educated cassation and appeal courts of general jurisdiction of the cassation and appeal military courts, which began work on october 1, 2019 in the procedure of these courts. the principle of continuous cassation has also been implemented by the prince of exerritoriality, in accordance with which cassation complaints are considered collectively in a court session
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with the invitation of the parties. the results of the work of these courts over the past 3 years indicate that their creation has made it possible to increase the efficiency of the court of appeal, as well as legal proceedings in these instances, given the growing volume of work, one of the urgent areas for improving justice is the optimization of the judicial burden, the exclusion of redundant judicial procedures, the implemented legislative initiatives of the supreme court of the russian federation, and the expansion of the scope of both writ and simplified proceedings in civil administrative cases and economic
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disputes. traditional hmm guarantees of judicial protection of citizens and organizations are provided by compliance reasonable terms of legal proceedings for the violation of which, as well as for the violation of reasonable terms for the execution of judicial acts, compensation is awarded. the democratic foundations of justice provide for the openness of judicial judicial procedures. open public access to information on the activities of the judicial system of the russian federation, therefore, over the past 30 years, the plenum of the supreme court of the russian federation 17 times addressed the issues of a-a compliance. courts
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of the principle of openness of trial in in this regard, on the legislative initiative of the supreme court, the federal law of december 22 , 2002 was adopted on ensuring access to information on the activities of the courts of the russian federation, mandatory posting by the courts. uh, the courts on the internet, without any preliminary selection of judicial acts, act out the conditions. transparency of judicial activity, with the aim of improving which, on april 26 this year , roskomnadzor registered a unified, online edition of the judicial system of the russian federation , a multimedia resource of justice as a result
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law-making and law -enforcement activity of the supreme court was a broad discussion of the issues of improving legal proceedings this year. a wide public discussion of judicial proceedings this year, the mass media published more than 80,000 materials on legislative initiatives and legal positions of the supreme court the principle of openness of the trial is organically linked to the accessibility of justice speeding up the procedures for applying to the court expanding the possibilities of remote participation in the court session with the use of digital digital technologies in all types of legal proceedings, the possibility of filing and procedural documents in electronic form is implemented, holding court hearings
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using videoconferencing web conference expansion, and the online super justice service provides for the use of artificial intelligence technologies by the courts of the pandemic by the president of the supreme court of the russian federation and the presidium of the council of judges of russia adopted three joint resolutions on the administration of justice observance of the right of citizens to protection, health, in which special attention was paid, but highlighted the use of courts of electronic technologies and compliance with these procedures ensured free access to justice and its implementation did not
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stop or suspend the result of the constructive interaction of the judicial system with the government of the russian federation was the official consolidation of the possibility appeals to the courts through multifunctional centers for the provision of public municipal services in accordance with the one-stop shop principle, in addition the supreme court proceedings. the differentiation of crimes and the individualization of criminal penalties and the wider use of preventive measures that are not related to detention as a
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result of the humanization of criminal legislation and the law of applicable practice has resulted in a reduction in convictions by more than two times over the past 20 years. at the same time, the number of persons prosecuted by the court, increasing from 2% in 1999 to 21% this year, is an important direction. improvement of criminal court proceedings a is the exclusion of the negative social consequences of a criminal record in relation to persons who have committed a crime for the first time, who do not pose a great public danger to the legislative initiative of the supreme court.
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