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Abdulvaliev, A.F. (2025). A geographical approach to determining the accessibility of justice in criminal cases (using the example of the district courts of general jurisdiction of the Yamalo-Nenets Autonomous Okrug). Legal Studies, 3, 59–75. . https://doi.org/10.25136/2409-7136.2025.3.73164
A geographical approach to determining the accessibility of justice in criminal cases (using the example of the district courts of general jurisdiction of the Yamalo-Nenets Autonomous Okrug)
DOI: 10.25136/2409-7136.2025.3.73164EDN: YLMEXXReceived: 27-01-2025Published: 03-04-2025Abstract: The article is devoted to the study of the geographical accessibility of courts of general jurisdiction in a number of regions of the Russian Federation. The object of the study was the district courts of general jurisdiction located in the district of the Yamalo-Nenets Autonomous Okrug, as well as public relations in the field of criminal procedure, affecting the activities of participants in criminal proceedings during the criminal cases proceedings. The subject of the study includes the remoteness of district courts of general jurisdiction from executive authorities, transport hubs (and their remoteness from the locations of local governments, law enforcement agencies, airports, bus stations and railway stations) and remote settlements; criminal procedure rules and regulations governing public access to justice; the degree of accessibility of the district courts themselves to the public in general. The main research methods were the geoinformation method, the cartographic method, as well as the comparative legal method, including an analysis of the norms of the criminal procedure legislation of the Russian Federation and judicial practice. The application of the geographical approach made it possible to establish in various aspects the degree of accessibility of courts of general jurisdiction for the population living in various municipal districts of the Yamalo-Nenets Autonomous Okrug. The conducted research revealed a number of problems related to ensuring access to justice for the local population, for shift workers, as well as for the indigenous peoples of the North. Despite the fact that most of the district courts of general jurisdiction in municipal areas are located within walking distance from local government and law enforcement agencies located nearby in the district center, a certain proportion of judicial authorities remain inaccessible to the population living in remote settlements of municipal areas. Access to appellate and cassation justice also remains difficult for a number of participants in criminal proceedings. Keywords: court, court session, access to justice, victim, defendant, pedestrian accessibility, transport accessibility, municipal area, indigenous peoples of the North, shift settlementsThis article is automatically translated. You can find original text of the article here. General provisions
Access to justice is the right, protected by the State and provided by law, to freely apply to court for protection of one's violated rights and freedoms, constitutionally guaranteed and implemented in a legally established procedure, in relation to all types of legal proceedings. Access to justice is one of the most important tasks assigned to domestic judicial authorities (Decree of the Government of the Russian Federation dated December 27, 2012 No. 1406. Judicial accessibility (or access to justice) is a property of the remoteness or proximity of an object (city, settlement, executive authority, law enforcement agencies, transport hubs anywhere in the territory) in relation to the district court of general jurisdiction. The right of access to justice is a key condition for ensuring participation in the consideration of criminal cases by the court for various participants in criminal proceedings (not only for the victim and witness, but also for the defendant), as many scientists say, both in Russia and abroad [1, pp.1-12; 2, pp. 406-422; 3, pp.9-57; 4, pp. 531-542; 5, pp.154; 6]. The observance of a person's rights and legitimate interests in a criminal case depends on how close the court is to the public, and how easy it will be for a person to reach the appropriate judicial authority. Therefore, the location of district courts of general jurisdiction plays an important role in criminal proceedings. The issues of access to justice have been repeatedly studied by scientists from a criminal procedural point of view [7, pp.27-32; 8, pp. 148-151; 9; 10, pp.24-27; 11, pp. 43-47]. However, few scientists have also studied access to justice from a geographical point of view. However, similar studies are being conducted [12, pp. 220-224]. Moreover, there are many urgent problems hidden here. In this regard, the aim of the study was to check to what extent the courts of general jurisdiction in certain regions of the Russian Federation located beyond the Urals are accessible to the population living in remote settlements, and to what extent the courts have well-developed transport communications, especially since most of the districts and regions of Western Siberia are classified as inaccessible territories. In turn, hard-to-reach territories are defined as territories where there is no technical possibility of year-round and regular ground transportation by alternative modes of transport to the administrative center of the relevant subject of the Russian Federation. But the territorial and geographical features of Russia are the basis for the formation of criminal procedural balance and the normal functioning of criminal proceedings. The object of this study is the district courts of general jurisdiction of the Yamalo-Nenets Autonomous Okrug (hereinafter referred to as the Yamalo–Nenets Autonomous District) and their accessibility to the public. The choice of district courts of general jurisdiction for the study is due to the fact that these courts have jurisdiction over a wide range of criminal cases, from minor crimes to particularly serious crimes. The subject of the study includes: the spatial location of district courts of general jurisdiction relative to executive authorities, transport hubs (and their distance from the locations of local governments, law enforcement agencies, airports, bus stations and railway stations) and remote settlements; criminal procedure rules and regulations governing public access to justice; the degree of accessibility of the district courts themselves for the general population. The main research methods were the geoinformation method, the cartographic method, as well as the comparative legal method, including an analysis of the norms of the criminal procedure legislation of the Russian Federation and judicial practice. Individual points of the territory (points, localities, cities, economic centers) in municipal districts have varying degrees of accessibility. It is measured using graph theory methods (topological distance and diameter) and the centrographic method. The main approach to assessing transport accessibility is to build a table of distances between all pairs of points in a territorial system, based on the distances measured in a straight line from conditional point A to point B. In some cases, road distances are used for comparison. A more traditional method of assessing the transport accessibility of cities and transport hubs is the compilation of isochron maps from the main center (city) under study, usually with an hourly interval (1 hour, 2 hours, 3 hours, 4 hours, etc.). This article uses an approach that determines the level of remoteness and accessibility in kilometers and hours spent on a trip between the studied points. Transport accessibility is a measure of the ability of a territory to be reached by means of transport, measured by the time during which a given territory can be reached from a certain point or another territory using various modes of transport via the transport network (Decree of the Government of the Russian Federation dated 11/27/2021 No. 3363-r). Transport accessibility is also understood as a standard indicator of the time spent on transport links between different points within the group settlement systems (Terminological Dictionary on construction in 12 languages of the VNIIIS Gosstroy of the USSR). There are other views on the concept of transport accessibility [13, pp. 136-146]. Due to the differences in concepts and different views on transport accessibility in relation to individual regions of the Russian Federation, it is necessary to introduce its own parametric indicators of accessibility and remoteness. Pedestrian (walking) accessibility is the distance that the average person is able to cover with a calm and ordinary step without using vehicles (Order of the Ministry of Economic Development of Russia dated 02/15/2021 No. 71) or means of individual mobility (sim) within 10-15 minutes. It averages 0.2–1 kilometer in a straight line. Taking into account the realities of the North of Siberia, the approach should be somewhat expanded to pedestrian (walking) accessibility, while establishing a distance that the average person can overcome with a calm and regular step for 0.5–1 hour, which is on average up to 2-10 kilometers. Proximity is defined as the distance that an average person can travel using vehicles (shuttle buses or personal vehicles), or using suburban rail or river transport. It takes an average of 2-4 hours to travel. It averages from 20 to 240 kilometers in a straight line. Significant location (distance) is defined as the distance that the average person is able to travel using vehicles (shuttle buses or personal vehicles), or using rail transport, river transport or air transport. The average time spent on the road is equivalent to one working day, equal to 4-8 hours. It averages from 240 to 480 kilometers, depending on the speed of movement. Remote location (distance) is defined as the distance that the average person is able to travel using vehicles (shuttle buses or personal vehicles), or using rail transport or air transport. On average, it takes the equivalent of one day, equal to 12 hours, to travel. It averages from 500 to 1000 kilometers, depending on the speed of movement. Ultra–long distance (distance) is defined as the distance that the average person is able to travel using vehicles (shuttle buses or personal vehicles), or using rail transport or air transport. On average, it takes more than 12 hours to travel. It is more than 1000-2000 kilometers, depending on the speed of movement. It is necessary to make a separate reservation that, unlike previous author's studies of the location of district courts, in particular the Tyumen [14, pp.34-47] and Kurgan regions [15, pp.22-36], in the Yamalo-Nenets Autonomous Okrug there are cities of district significance that are not part of municipal districts, but on the territory of which the relevant judicial authorities are located, which were also analyzed in the framework of this scientific study. The results obtained during the study were reflected in the following table (Table 1).
Table 1. Distances in a straight line from district courts of general jurisdiction to local governments, law enforcement agencies, courts of second instance and to transport infrastructure facilities in municipal areas of the Yamalo-Nenets Autonomous Okrug
Before proceeding to the study of the issues of territorial remoteness of district courts of general jurisdiction from law enforcement agencies, from transport communications and from the regional center, one reservation should be made. Unlike other municipal districts of the Yamalo-Nenets Autonomous District, in the Shuryshkarsky district, the Shuryshkarsky District Court of general jurisdiction, as well as the administration of the Shuryshkarsky district, is located not in the village of Shuryshkary, but in the village of Muzhi, which is de jure and de facto the district center.
Intra-district and intra-village location
In most cases, the district courts of general jurisdiction of the Yamalo-Nenets Autonomous District are located in the center of urban and rural settlements, on the main street, and, as a rule, near the administrative offices of the municipal district (local governments). On average, the distance between these judicial authorities and municipal administrations averages 0.2 – 1.2 kilometers in a straight line, which should be considered their location within walking distance. This simplifies the interaction between the relevant authorities in the framework of judicial proceedings. This centralization is due to historical aspects and urban planning features, as many regional centers of the Yamalo-Nenets Autonomous District were founded in the second half of the 20th century during the large-scale development of oil and gas fields in Western Siberia. And when designing urban settlements, the representative, executive and judicial authorities were located next to each other in the neighborhood. The compact location of court and administrative buildings and residential areas around them also played a positive role in the formation of this structure. As for the prosecutor's offices, they are located within walking distance from the district courts – the average distance between them is 0.5,- 2.1 kilometers. Moreover, in four municipalities and urban districts, local (city and district) prosecutor's offices are located in the same building along with district courts of general jurisdiction. In general, such a close location makes it possible to ensure that prosecutors (including as public prosecutors) attend court hearings without delay and delay, as well as promptly and promptly transfer criminal case materials, or, conversely, on the grounds provided for in Article 237 of the Code of Criminal Procedure, to return the criminal case to the prosecutor. In addition, the number of attempts to postpone the criminal case under Article 256 of the Code of Criminal Procedure is decreasing due to the failure of the public prosecutor to attend the court hearing. This strengthens the relationship and interaction between these law enforcement agencies. However, not all regions have such geographical convenience. The exception is the Yamal district, which does not have a district prosecutor's office, although in the recent past it operated and was located in the district center, the village of Yar–Sale. The nearest prosecutor's office to it today is the Prosecutor's Office of the Priuralsky district of the Yamalo-Nenets Autonomous District, located 137 kilometers away in the village of Aksarka. Obviously, such removal only complicates the relationship and interaction between the prosecutor's office and the judicial authority and is harmful to justice. In such conditions, to solve the problem, it is advisable to introduce remote technologies, including video conferencing [16, pp. 278-281] and electronic document management, including to ensure the participation of the public prosecutor in the court session online. As for the internal affairs bodies of the Ministry of Internal Affairs of the Russian Federation, most of them are also located within walking distance from the district courts of general jurisdiction of the Yamalo-Nenets Autonomous District. The average distance is 0.3 – 1.4 kilometers in a straight line. A similar “picture” is emerging with the investigative bodies of the Investigative Committee of the Russian Federation, which are located in district centers at an average distance of 0.2 – 2 kilometers from the judicial authorities in a straight line. Such a close location to the district court of these preliminary investigation bodies has its own definite advantage from a criminal procedural point of view. This is an opportunity to promptly resolve the issue of obtaining a court decision on the conduct of certain investigative actions in accordance with Article 165 of the Code of Criminal Procedure or on the conduct of other procedural actions in accordance with Article 29 of the Code of Criminal Procedure. This is an opportunity to promptly resolve the issue of choosing a preventive measure against a suspect (accused) in the form of detention, house arrest, bail, prohibition of certain actions, or for extending, changing or canceling these preventive measures, etc. Regarding the remoteness of the district courts of general jurisdiction of the Yamalo–Nenets Autonomous District from a number of bodies and institutions within the system of the Federal Penitentiary Service of the Russian Federation, it is worth explaining that this is a topic for independent scientific research due to the specifics of correctional institutions themselves, their location, remoteness and absence from where they should be.
Transport accessibility of judicial authorities
Separately, it is worth considering the issue of transport accessibility of district courts of general jurisdiction in the Yamalo-Nenets Autonomous Okrug. First, it is necessary to study the degree of remoteness of the railway stations from the district courts in order to determine to what extent the existing transport interchange hubs in the area are capable of providing transport accessibility to justice. According to urban planning regulations (SP 42.13330.2016. A set of rules. Urban planning. Planning and building of urban and rural settlements. Updated version of SNiP 2.07.01-89), passenger stations (railway, bus, river and airport terminals) should be integrated into the transport network connecting them with the city center, residential and industrial areas. It is also important to take into account the role of personal transport of participants in the proceedings, since in some cases it is easier to get to court by car than by public transport, train or plane. Given the large territory of the Yamalo-Nenets Autonomous Okrug, this region is in urgent need of the development and construction of year-round highways and a railway network to ensure proper transport links between regional centers and rural settlements, including remote trading posts, shift settlements and territories of traditional nature use of indigenous peoples of the North. Because such spaces should also be connected by a transport network to the district centers where judicial and other law enforcement agencies are located in order to guarantee appropriate access to them. As for transport transfer hubs, not all cities and regional centers of the autonomous okrug have the same bus stations on a permanent basis. As a result, intercity transportation does not cover all municipal centers and rural settlements. As for river ports, they are mainly intended for the transportation of goods, machinery and other materials for the Yamal oil and gas fields. Such ports are also sometimes used for passenger transportation, and if they are used, it is mainly on the Ob River for communication with remote municipal centers and rural settlements, as well as with access to neighboring regions of the Urals and Western Siberia. Therefore, river navigation is less suitable for ensuring access to criminal justice for participants in criminal proceedings. At the same time, the most popular of them is the ferry crossing in summer and the ice crossing in winter (plus hovercraft are used) on the Salekhard – Labytnangi route. It not only ensures the participation of a number of persons in court sessions, including in the Yamalo-Nenets Autonomous District Court, but also ensures the interaction of judicial authorities with the existing correctional institutions of the Federal Penitentiary Service located on the left bank of the Ob River in the foothills of the Polar Urals. There are similar crossings in other municipalities of the Yamalo-Nenets Autonomous District. Some remote settlements of the autonomous okrug, although they have a certain connection with the district center, are so far away that it takes a significant amount of time for the population to travel, and not by roads, but by horse-drawn vehicles or snowmobiles or otherwise. As a result, some participants in criminal proceedings (whether victims or witnesses) residing in these settlements are not always able to travel to the district centers to directly participate in the court session. Moreover, there are cases in Yamal when people live not so much in settlements as in separate buildings on the banks of the rivers in deserted places. In 2024, the Tazovsky District Court of the Yamalo-Nenets Autonomous Okrug considered a criminal case against a pensioner accused of illegally storing firearms ammunition in his gulch. Five witnesses were supposed to appear in court in this case, including those who also live in Balki on the banks of the Taz River next to the defendant, but for objective reasons they could not appear (three witnesses are employees of the Ministry of Internal Affairs of the Russian Federation who were on duty, and the other two witnesses lived far from the place location of the court where the criminal case was considered). In this connection, during the trial, the court announced the testimony of the failed witnesses in accordance with Article 281 of the Code of Criminal Procedure of the Russian Federation (Verdict of the Tazovsky District Court of the Yamalo-Nenets Autonomous Okrug dated 18.01.2024 in criminal case no.1-14/2024 // Sudact Judicial and regulatory Acts website [Electronic resource]. URL: https://sudact.ru/regular/doc/G9BkTa2olVQW (date of access: 24.01.2025)). As for rail transport, it is represented by three main highways in Yamal. These routes cover three municipal districts: the Priuralsky district, the Nadymsky district and the Purovsky district. There is also a separate railway network in the Yamal district, which connects the center with the Bovanenkovskoye oil and gas condensate field located on the Yamal Peninsula. The remaining municipal districts currently have no railway connection. Although there are projects for the construction of railways. Moreover, this type of transport also serves for transporting escorted suspects (accused) and convicts, especially in the Uralsky district, where correctional colonies are located, as well as for transportation to investigative and other law enforcement agencies, including those located in other Regions of the Russian Federation. In general, access to justice using rail transport is generally poorly implemented in the municipal district centers of these areas. On average, railway stations are located at a distance of 1.5 to 200 kilometers in a straight line from district courts of general jurisdiction. The range in distance is very large. This is due to the fact that many cities and large settlements are located at a great distance from the railway, for example, Yar-Sale village, Krasnoselkup village, Tazovsky village, etc. The lack of a railway line to them and other settlements negatively affects access to justice in criminal cases, including for participants to travel to other regions to participate in court sessions of other judicial authorities, and therefore the population has to resort to using another type of transport. Great hopes are pinned on aviation, which covers the entire territory of the autonomous okrug with its route network. This is due to the fact that most rural settlements in municipal areas are located at a considerable distance from the municipal district center, and there is often no connection via paved roads, or there are water obstacles along the way. Therefore, many such settlements are equipped with heliports for receiving helicopters. Moreover, the furthest settlements from the district center in the municipal districts of Yamal are located on average at a distance of 140 to 500 kilometers, and they cannot do without aviation. As for the municipal centers where the district courts of general jurisdiction are located, most of them have airports of various categories. For example, an airport of federal significance (including international level) is located in Salekhard (Decree of the Government of the Russian Federation dated 04/20/2016 No. 726-r "On approval of the list of airports of Federal significance"). There are large airports in the shift settlements of Bovanenkovo, Yamburg and Sabetta. Moreover, the latter is classified as an international airport. Other small class airports are located in Nadym (Class B), Novy Urengoy (class B), Noyabrsk (Class B) (State Register of Airfields and Heliports of Civil Aviation of the Russian Federation as of 09/03/2024 // Website of the Federal Air Transport Agency (Rosaviation) of the Ministry of Transport of the Russian Federation [Electronic resource]. URL: https://favt.gov.ru/dejatelnost-ajeroporty-i-ajerodromy-reestr-grajdanskih-ajerodromov-rf / (date of access: 10.01.2025)). These municipalities have air connections to various regional and metropolitan centers of the Russian Federation. In addition, the remaining urban and rural settlements of the district have small-class heliports and airfields designed to receive various helicopters, mainly the MI-8 model and its modifications, as well as aircraft such as AN-2, AN-24, L-410, etc. At the same time, it is worth recognizing that using aviation is not a cheap pleasure and is costly, including for participants in criminal proceedings. Although Article 131 of the Code of Criminal Procedure provides for the possibility of reimbursing procedural costs incurred, for example, for transportation costs and attendance at a court hearing, few of the parties turn to this rule to reimburse their transportation costs. In addition, one should not lose sight of the fact that people living in other regions work in shifts at the Yamal fields. And, if they commit a crime while working, these persons may not always appear at a court hearing at the place of commission of the crime due to the fact that their place of residence is located at a considerable distance from the locations of the judicial authorities of the Yamalo-Nenets Autonomous District. In 2016, a criminal case was considered against the defendant, who was accused of stealing a tablet computer in a residential trailer while working at the Yaro-Yakhinsky field. The defendant did not appear in court, as he was already outside the autonomous okrug at home, and asked to consider the case in his absence under Part 4 of Article 247 of the Criminal Procedure Code of the Russian Federation. Moreover, he motivated his absence by the fact that his non-appearance was not related to his financial situation. However, the state prosecutor objected to holding a court session without the defendant's participation (Verdict of the Purovsky District Court of the Yamalo-Nenets Autonomous Okrug dated September 26, 2016 in criminal case No. 1-176/2016. Sudact Judicial and Regulatory Acts Website [Electronic resource]. URL: https://sudact.ru/regular/doc/xKnwMozu1Jw date of request: 24.01.2025)). In this regard, it is worthwhile to recognize the justified introduction of e-justice technology, which would solve the problems of remoteness of settlements and the population from the bodies of the court, investigation, inquiry and prosecutor's office. Electronic justice, in turn, is an important step towards ensuring the fairness and accessibility of the judicial system for all citizens, regardless of their location. The ability to submit electronic documents, participate in court proceedings using a video conferencing system, and receive information via the Internet greatly simplifies the process of interacting with courts for residents of even the most remote corners of the district. This is especially true for those who live in shift and other settlements where physical access to judicial institutions may be difficult. For example, in 2023, the Gubkin District Court of the Yamalo-Nenets Autonomous District considered a criminal case against a defendant who, while previously on the territory of the Tarasovskoye field in the Purovsky district, stole 85,000 rubles from a bank application in a deceased passerby's smartphone. Given that the defendant was on duty in the Yamalo-Nenets Autonomous District, and he lived in the Chelyabinsk Region, a video conference call was organized between the Satkinsky City Court of the Chelyabinsk Region and the Gubkinsky District Court of the Yamalo-Nenets Autonomous District to ensure his participation (the verdict of the Gubkinsky District Court of the Yamalo-Nenets Autonomous District dated 05.12.2023 in a criminal case No.1-111/2023 // Sudact Judicial and Regulatory Acts Website [Electronic resource]. URL: https://sudact.ru/regular/doc/EIAi1ZUG7QW5 (date of access: 24.01.2025)). Interestingly, a representative of the injured commercial bank and witnesses also failed to appear in court in this criminal case. In connection with this, the testimony given by them during the preliminary investigation in accordance with Article 281 of the Code of Criminal Procedure of the Russian Federation was read out to the court.
Access to courts of second instance
The proximity and availability of transport links to the district center of the Yamalo–Nenets Autonomous District by roads certainly contribute to ensuring access to appellate justice, especially for victims, their representatives or defenders of convicts, who, for example, expressed a desire to personally participate directly in the court session of the Court of Appeal - in the Court of the Yamalo-Nenets Autonomous District. However, the reality is not so clear. In the Yamalo-Nenets Autonomous Okrug, four municipal districts, which are regional centers, do not have transport links with the regional center via paved public roads. This is due, in particular, to the absence (as of 2025) of a bridge crossing over the Ob River between Labytnangi and Salekhard. In addition, part of the rural settlements of the Yamalo-Nenets Autonomous District are not connected by year-round highways, both to the district municipal center and to the regional center - Salekhard. In addition, many regional and municipal centers are located at a distance of over 480-720 kilometers in a straight line from Salekhard. The removal is more than large, and not all participants in the criminal proceedings will have the appropriate opportunity to participate in court sessions held in the district court. And this is a problem for criminal justice. Access to the Second Court of Appeal of General Jurisdiction is much more difficult due to the fact that it is located not near the Yamalo-Nenets Autonomous District, but in St. Petersburg, which creates significant inconveniences for participants in criminal proceedings who decide to personally participate in the review of the criminal case in the court of appeal. The distance from the district centers of the Autonomous Okrug to the Second Court of Appeal of General Jurisdiction varies from 1,920 kilometers (for Labytnangi) to 2,650 kilometers (for Krasnoselkup) in a straight line, which makes it extremely long even by the standards of vast Russia. For comparison, European capitals such as Dublin, London, Paris, Bern, Rome, Budapest, Bucharest, Sofia are located closer to St. Petersburg than the eastern cities of Yugra. At the same time, the capitals have a well-developed transport infrastructure that provides convenient communication with the northern capital, unlike the remote regions of Western Siberia, where such opportunities are limited. And if, for example, the victim, his representative or defender of the convicted person, who is a resident of the Autonomous Okrug and does not agree with the decision of the Yamalo-Nenets Autonomous Okrug Court, wishes to personally participate in the meeting of the Second Court of Appeal of General Jurisdiction in St. Petersburg, he will have to overcome a considerable distance for this. The main means of transportation will be rail and air transport, mainly with transfers, since as of the winter of 2025, direct flights to St. Petersburg are available only from four cities of the district: Salekhard, Nadym, Novy Urengoy, Noyabrsk. As for the railway connection, only the cities of Labytnangi and Novy Urengoy (plus Noyabrsk and Gubkinsky) have a direct connection to St. Petersburg. Residents of other districts will have to make transfers at major transport hubs along the way. Thus, appellate justice, especially in the context of the Second Court of Appeal, remains difficult for residents of the district, which creates a risk of violating their right to access justice. It is becoming obvious that for the regions of Western Siberia, the court of appeal of general jurisdiction should be located closer in order to ensure full access of participants in criminal proceedings, and indeed the entire population, to appellate justice. A scientific study conducted by the author at the time [17, pp.59-69] showed that Tyumen could become such an optimal center for the permanent residence of the court of appeal of general jurisdiction for the regions of Western Siberia. This city has a well-developed transport infrastructure, including road and rail networks connecting it with the autonomous okrugs, as well as regular flights to the northern regions. For residents of Western Siberia, Tyumen is much closer than St. Petersburg. The situation with access to cassation justice for residents of Yamal is somewhat better. The Seventh Court of Cassation of General Jurisdiction, which has jurisdiction over the territories of the Ural Federal District, including the regions of Western Siberia, is located in Chelyabinsk. It is somewhat closer to it than to the Second Court of Appeal of General Jurisdiction. Thus, the average distance from the regional centers of the Yamalo-Nenets Autonomous District to Chelyabinsk is on average 1200-1600 kilometers in a straight line. Although this distance is classified as extremely long, it is still less than the distance to the Second Court of Appeal. Nevertheless, the issues of citizens' participation in cassation processes still cause a lot of difficulties [18, pp.37-48; 19, pp.348-349; 20, pp.146-149].
Conclusion Summarizing the results of the study, the following main points can be highlighted: 1. Regarding the intra-settlement location of the district courts of general jurisdiction of the Yamalo-Nenets Autonomous Okrug, there is relative prosperity here: local governments, prosecutors, the Ministry of Internal Affairs, and investigations are located within walking distance to the judicial authority. 2. It should be recognized that it is necessary to establish a permanent judicial presence of courts of first instance in certain remote settlements and large shift settlements that do not have year-round communication with the regional center via public roads. 3. The Yamalo-Nenets Autonomous District is significantly removed from the Second Court of Appeal of General Jurisdiction, located in St. Petersburg. As a result, not all participants in criminal proceedings living in Yamal have full access to the appellate justice system for direct participation in this court instance. Tyumen may become the permanent seat of the Court of Appeal of general jurisdiction for the regions of Western Siberia. This city has a well-developed transport infrastructure, including automobile and railway networks connecting it with the autonomous okrugs, and also has regular flights to the northern regions. 4. There is an acute problem with ensuring access to justice for the indigenous small-numbered peoples of the North, who live mainly in remote camps, ancestral lands and in territories of traditional nature use. The district's transport network requires further development in the form of the construction of railways, highways and bridges over large rivers. 5. One of the solutions to this problem may be the further development of electronic justice and the creation of online technology for participation in court sessions, including through a video conferencing system, but subject to the availability of high-quality and high-speed Internet in the above-mentioned remote areas. Electronic justice, in turn, is an important step towards ensuring the fairness and accessibility of the judicial system for all citizens, regardless of their location. The ability to submit electronic documents, participate in court proceedings using a video conferencing system and receive information via the Internet greatly simplifies the process of interacting with the courts for residents of even the most remote corners of the district. This is especially true for those who live in shift and other settlements where physical access to judicial institutions may be difficult. It would also be rational for a number of the preliminary investigation bodies of the Autonomous Okrug to use such a digital approach in criminal proceedings. 6. Taking into account the geographical features of the territory of Siberia (as well as the Far East), it is necessary to raise the issue of expanding the range of participants in criminal proceedings who can participate in court proceedings using a video conferencing system, add a state prosecutor to the persons specified in Articles 240 of the Code of Criminal Procedure and 241.1 of the Code of Criminal Procedure due to the fact that not all All district centers of Yamal have relevant prosecutor's offices. In the Yamalo-Nenets Autonomous Okrug, where climatic and geographical conditions create certain difficulties, e-justice systems will help minimize the time and resources spent on trips to court. The use of technology allows not only to speed up processes, but also to increase citizens' trust in the judicial system, ensuring transparency and accessibility. Moreover, access to justice for the population of Siberia, as well as close cooperation between law enforcement agencies, contribute to ensuring a balance of criminal procedure and the effectiveness of the investigation and consideration of criminal cases. References
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"One of the solutions to this problem may be the further development of electronic justice and the creation of online technology for participation in court sessions, including through a video conferencing system, but subject to the availability of high-quality and high-speed Internet in the above-mentioned remote areas. Electronic justice, in turn, is an important step towards ensuring the fairness and accessibility of the judicial system for all citizens, regardless of their location. The ability to submit electronic documents, participate in court proceedings using a video conferencing system and receive information via the Internet greatly simplifies the process of interacting with the courts for residents of even the most remote corners of the district. This is especially true for those who live in shift and other settlements where physical access to judicial institutions may be difficult. It would also be rational for a number of the preliminary investigation bodies of the Autonomous Okrug to use such a digital approach in criminal proceedings." Thus, the materials of the article may be of particular interest to the scientific community in terms of contributing to the development of science. Style, structure, and content. The subject of the article corresponds to the specialization of the journal "Legal Studies", as it is devoted to legal issues related to access to justice. The content of the article fully corresponds to the title, as the author considered the stated problems and generally achieved the research goal. The quality of the presentation of the study and its results should be fully recognized as positive. The subject, objectives, methodology, and main research results follow directly from the text of the article. The design of the work generally meets the requirements for this kind of work. No significant violations of these requirements were found. Bibliography. The quality of the literature used should be highly appreciated. The author actively uses the literature presented by authors from Russia and abroad (Voronina N.A., Chashchina I.V., Shcherba S.P., Komogortseva, K.A., Zhuravleva, A.S. Gaffar H., Lisa R. and others). I would like to note the author's use of a large number of empirical ones, which made it possible to give the study a law enforcement focus and what is important in the context of the stated purpose of the work. Thus, the works of these authors correspond to the research topic, have a sign of sufficiency, and contribute to the disclosure of various aspects of the topic. Appeal to the opponents. The author conducted a serious analysis of the current state of the problem under study. All quotations of scientists are accompanied by the author's comments. That is, the author shows different points of view on the problem and tries to argue the more correct one in his opinion. Conclusions, the interest of the readership. The conclusions are fully logical, as they are obtained using a generally accepted methodology. The article may be of interest to the readership in terms of the systematic positions of the author in relation to the implementation of the goal of access to justice. Based on the above, summarizing all the positive and negative sides of the article, "I recommend publishing" |