Open AccessOn Challenging Justice Mechanism Novelties of 2020 to the Constitution of the Russian Federation
Author(s) -
Mikhail I. Kleandrov
Publication year - 2021
Publication title -
konstitucionnoe i municipalʹnoe pravo
Language(s) - English
Resource type - Journals
ISSN - 1812-3767
DOI - 10.18572/1812-3767-2021-1-7-11
Subject(s) - constitution , law , political science , russian federation , economic justice , arbitration , legalization , context (archaeology) , foreign national , sociology , paleontology , regional science , biology
The article deals with problematic issues related to the 2020 amendments to the Constitution of the Russian Federation in the field of justice in the context of innovations: positive, negative, surprising, and not introduced, but, in the author’s opinion, necessary for introduction. The author considers the constitutional legalization of arbitration proceedings to be positive. Negative — the gap in the unity of the status of Russian judges, two provisions, as well as the assignment of quasi-judicial functions to the President of the Russian Federation and the Federation Council in relation to a part of the judicial corps. Surprising-constitutional bans for judges to have citizenship, residence permit, etc. of another state, as well as to have accounts in foreign banks located outside the Russian Federation, and store money and valuables in them, since these bans were established by law in 2008 and 2013. The author refers to the following missing but necessary innovations: constitutional consolidation of the institution of judicial assessors, along with professional judges who administer justice; it is also prohibited for judges (along with other categories of persons holding public positions) to own real estate objects in foreign countries.