Judicial system of the Russian Federation: reforming errors

• Main Author: Gaydidey Yu.M.
• Format: Article
• Language: English
• Published: Tyumen Advanced Training Institute of the Ministry of the Interior of the Russian Federation 2014-12-01
• Series: Uridičeskaâ Nauka i Pravoohranitelʹnaâ Praktika
• Subjects: judicial system of the Russian Federation the Supreme Arbitration Court of the Russian Federation; judicial policy; reformation errors
• Online Access: http://naukatipk.ru/images/2014/4/gaydidey.pdf

The urgency of considering problems of modern Russian judicial system and judicial policy is emphasized. The author proves the necessity to study the judicial system of our country in detail. The content of judicial system is analyzed and its structural elements are described. Factors determining the structure of national judicial system are characterized. The main feature of the Russian judicial system is noted, notably: centralization (there is no independent judicial authority in regions except constitutional justice). Considering the judicial system as hierarchically structured set of courts is too simplified and is not conformable to modern justice tasks. The ways of optimizing the system of courts as well as the judicial system of the Russian Federation are proposed. Interim results of the reform in the form of abolishment of the RF Supreme Arbitration Court are negatively evaluated. Intraorganizational transformations have substituted the evolutionary development of the judicial system and the necessity to improve the justice itself. The author confirms that development of relevant draft bill was not accompanied by conducting public researches, studying statistical data, and making general conclusions, proving the efficiency of establishing an integrated supreme court. Threats and challenges to law order are ignored. Supreme courts integration has virtually established a new judicial system, though the proper legal base for it has not been developed. The viewpoints of researchers, warning against negative effects of such reform, are provided. It is concluded that the law under study does not meet present demands of the Russian judicial system.