Losev S.G., Morozov V.I. —
Ways to improve the Institute of World Justice in Russia
// Law and Politics. – 2025. – ¹ 1.
– P. 33 - 39.
DOI: 10.7256/2454-0706.2025.1.71677
URL: https://en.e-notabene.ru/lpmag/article_71677.html
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Abstract: The object of the study is the organization and activity of the Institute of Magistrates in the Russian Federation. The subject of the study is the organization of the procedure for appointing magistrates to positions in accordance with the current legislation of Russia. The problem of the implementation of the election of magistrates by the population of the subject of the Russian Federation is considered. The problem of the relationship between magistrates and federal courts is considered. The problem of the place of magistrates in the judicial system of Russia is considered. The subject of the study is also the history of the Institute of magistrates in the Russian Empire.
The article analyzes the general trends in the development of the Institute of world justice in modern Russia. The problems of overloading magistrates with court cases, dependence of this judicial link on district courts, non-compliance with the provisions of the Federal Law "On Magistrates" in terms of their electability by the population are considered. The research methods are the historical method, the method of analyzing documents. The descriptive method was also used as a research method. As one of the directions for improving the domestic institute of world justice, it is proposed to remove magistrates from subordination to the system of federal courts. It is proposed to establish a congress of justices of the peace – a periodically operating body uniting all magistrates of the region. As an appellate instance, it is proposed to establish permanent collegiums of the congress: criminal, civil and administrative, which should be formed from the most experienced magistrates of the region. It is also proposed to establish a position of a reserve (reserve) justice of the peace, who should be entrusted with the duties of reviewing the cases of judges who are on vacation or absent for other reasons.
The objectives of the proposed measures are to increase the independence of magistrates, increase their authority among the population of the region in which they administer justice, uniformity in law enforcement practice, and reduce the burden on magistrates and district judges.