Ecosystem of Russian legal proceedings and perspective influence of European justice standards


I.V. Rechtina

The principles of legal proceedings are the basis of the procedural branches of law and reflect its qualitative features within the complex legal ecosystem. This importance is manifested in the legislative sphere, when the legislator in the formulation and adoption of new procedural rules is based on a system of principles in order to avoid contradictions and conflicts; law enforcement area, in the case of filling gaps by applying the analogy of law; scientific (doctrinal) sphere, allowing scientists to use the system of principles in the arsenal of tools that define the boundaries of proposed changes, innovations, excluding absurd, controversial, unjustified proposals. The system of principles is not static, but is constantly transforming under the influence of various factors. Our study examines the transformation of the system of judicial principles under the influence of such factors as the 1950 Convention for the Protection of Human Rights and Fundamental Freedoms and the rulings of the European Court of Human Rights. The forms of transformation of the system of procedural principles in order to achieve compliance with the requirements of modern society, law and state are highlighted. It is indicated the legislative expansion of the scope of a number of principles that existed in legal proceedings, but do not manifest themselves to the extent that meets the standards of the Convention, as well as the change of the content, content, contextual meaning of the previously existing principle, including its terminological designation. As an example, the principle of procedural equality and the adversarial principle can be mentioned. We proposed to level out the effect of those procedural principles, which do not fit into the system of the Convention norms, as they were typical only for civil proceedings of the Soviet period. This group of principles can include the principle of legal certainty, the principle of procedural economy, the principle of good faith management of procedural rights.

Keywords: legal ecosystem; justice; principles; court practice; European Court of Human Rights; law enforcement



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