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Journal articles on the topic 'Supreme Court of the Russian Federation'

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1

Tatarnikov, Vladimir, and Khristina Kalandarishvili. "The Supreme Court of the Russian Federation as a Court of First Instance for Criminal Cases." Siberian Criminal Process and Criminalistic Readings, no. 2 (40) (June 13, 2023): 116–25. http://dx.doi.org/10.17150/2411-6122.2023.2.116-125.

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The article examines the evolution of Russian legislation regarding the competence of the Supreme Court of Russia as a court of first instance on criminal cases. The legislation of both the Russian Soviet Federative Socialist Republic and the modern Russian Federation are analyzed. It is concluded that traditionally the Russian legislation gave the highest court body of the country the power of the court of first instance. The criteria that were used to refer criminal cases to the jurisdiction of the Supreme Court are analyzed. It is concluded that the resolution of criminal cases of the first
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2

Devitre, Dilber, and Prabhjot K. Singh. "Yukos Capital Limited v The Russian Federation." European Investment Law and Arbitration Review Online 8, no. 1 (2023): 211–28. http://dx.doi.org/10.1163/24689017_0801010.

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In 2013, Yukos Capital Ltd. (Yukos Capital, formerly Yukos Capital Sàrl), a company incorporated in Luxembourg, brought claims of expropriation and breach of the fair and equitable treatment (FET) standard under the Energy Charter Treaty (ECT) against the Russian Federation (Russia). Russia objected to the arbitral tribunal’s jurisdiction on several grounds. The arbitral tribunal dismissed Russia’s objections in an interim award dated 18 January 2017 and a final award dated 23 July 2021. Russia subsequently challenged the final award as well as the interim award before the Swiss Federal Suprem
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3

Nizamieva, O. N. "INDIVIDUAL LEGAL ACTS OF THE SUPREME COURT OF THE RUSSIAN FEDERATION ON FAMILY DISPUTES CONCERNING PROPERTY." Lex Russica, no. 12 (January 4, 2020): 19–27. http://dx.doi.org/10.17803/1729-5920.2019.157.12.019-027.

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The article has analyzed the jurisprudence of the Supreme Court of the Russian Federation on family disputes that involve property issues, revealed features of implementation of functions of the highest court in this field. First, it is stated that the Supreme Court of the Russian Federation reviews decisions of lower courts mainly in cases where the application of family law rules is contradictory and unsettled. It is necessary to fill in a gap in family law, to resolve conflicts between certain legal norms, to choose between several possible interpretations of the law. Second, the judicial p
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4

Klepitskiy, I. A. "Binding Nature of the Supreme Court of the Russian Federation Explanations in Criminal Law." Lex Russica, no. 6 (July 5, 2021): 95–107. http://dx.doi.org/10.17803/1729-5920.2021.175.6.095-107.

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The question of the legal nature and the binding nature of explanations of the Supreme Court of the Russian Federation remains debatable in the literature. When considering criminal cases, the courts do not always follow the decisions of the Plenum of the Supreme Court. It seems that the explanations of the Supreme Court, while not being a source of criminal law, are nevertheless binding on courts and officials applying the norms of criminal law. This is a general rule, to which there are exceptions. First, there are erroneous explanations of the Supreme Court, which are not based on the estab
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5

Latysheva, N. A., and E. A. Kolesov. "INFLUENCE OF ACTS OF HIGHER COURTS OF THE RUSSIAN FEDERATION ON THE ACTIVITY CONTENT OF STATE CIVIL SERVANTS – EMPLOYEES OF THE COURT APPARATUS." Vestnik Povolzhskogo instituta upravleniya 22, no. 2 (2022): 31–39. http://dx.doi.org/10.22394/1682-2358-2022-2-31-39.

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The impact of the judicial practice of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on the content of the official activities of civil servants - employees of the apparatus of courts of general jurisdiction and arbitration courts is analyzed. As a result of the study, the orienting nature of the acts of the Constitutional Court of the Russian Federation was recorded, which is expressed in taking into account the legal positions contained in them during the court activities organizational support.
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6

Fedorova, T. V. "Review of the Practice of Consideration of Cases of Administrative Offenses under Article 6.1.1 of the Administrative Code of the Russian Federation." Rossijskoe pravosudie 5 (April 17, 2020): 60–75. http://dx.doi.org/10.37399/issn2072-909x.2020.5.60-75.

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The review examines the procedure for judges of courts of General jurisdiction in resolving cases of administrative offenses under article 6.1.1 of the administrative Code of the Russian Federation, and analyzes the practice of courts in various regions of the Russian Federation. The paper offers solutions to controversial issues of judicial practice, considers the positions of the constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on the circumstances to be clarified in the case of an administrative offense under article 6.1.1 of the administrative
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7

Terekhova, L. A. "Additional procedures in cassation and supervision proceedings of civilistic procedure." Law Enforcement Review 5, no. 4 (2022): 197–208. http://dx.doi.org/10.52468/2542-1514.2021.5(4).197-208.

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The subject of the research is the additional powers of the Chairman of the Supreme Court of the Russian Federation in relation to cassation and supervisory complaints.The purpose of the article is to substantiate the necessity or redundancy of certain additional powers of the Chairman of the Russian Supreme Court taking into account the nature of such powers and the conditions for their application.The methodology. Analysis and synthesis, dialectical method as well as formal legal interpretation of Russian legislative acts and judicial practice of Russian Supreme Court were used.The main resu
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8

Mozina, E. V. "Recommendations of the Plenum of the Supreme Court of the Russian Federation on the Application of the Provisions of Part 6 of Art. 15 of the Criminal Code of the Russian Federation." Actual Problems of Russian Law 20, no. 2 (2024): 83–91. https://doi.org/10.17803/1994-1471.2025.171.2.083-091.

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The paper is devoted to the analysis of recommendations of the Plenum of the Supreme Court of the Russian Federation providing for the procedure of applying Part 6 of Art. 15 of the Criminal Code of the Russian Federation that was introduced into the criminal law environment in December 2011. With the adoption of this norm, both positive and negative assessments of this legislative initiative began to appear in special literature. Often, authors criticized the provisions under consideration due to the lack of detailed recommendations on the use of the provisions of Part 6 of Art. 15 of the Cri
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9

Koshel, Alexey S. "The Interaction of the Parliament and the Judiciary of the Russian Federation." Vestnik Tomskogo gosudarstvennogo universiteta, no. 460 (2020): 258–64. http://dx.doi.org/10.17223/15617793/460/31.

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The article discusses the constitutional problems of consolidation, implementation and improvement of the mechanism of interaction between the parliament and higher courts in parliamentary procedures. The research methods are analysis, synthesis, normative (formal-logical), and historical-legal. The key aim of the study is to identify a mechanism for ensuring the control function of the parliament to control the implementation in the Russian Federation of laws adopted by the Federal Assembly of the Russian Federation. The author came to the following conclusions. In recent years, the higher co
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10

Tkachev, Igor O. "Resolution No. 48 of the Plenum of the Supreme Court of the Russian Federation of November 26, 2019, “On the Practice of the Courts’ Application of Legislation on Liability for Tax Crimes”: An Analysis of the Main Novels." Ugolovnaya yustitsiya, no. 17 (2021): 18–24. http://dx.doi.org/10.17223/23088451/17/4.

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The article provides a critical analysis of a number of provisions of the Resolution No. 48 of the Plenum of the Supreme Court of the Russian Federation of November 26, 2019, “On the practice of the courts’ application of legislation on liability for tax crimes”. The author notes that the current version of the decree allows considering tax evasion as a formal crime. Thus, the Supreme Court of the Russian Federation laid down the preconditions for classifying tax evasion as a continuing crime, which would significantly reduce the number of criminal cases terminated due to the expiration of the
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11

Izotov, Daniil M., and Ekaterina V. Ryabtseva. "The of Professional Development of Employees of Courts in the Field of Combating Corruption." Rossijskoe pravosudie, no. 7 (June 23, 2022): 50–62. http://dx.doi.org/10.37399/issn2072-909x.2022.7.50-62.

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Separate areas of professional development of civil servants of the courts are analyzed: additional professional training and mentoring. The importance of the introduction of information technologies for optimizing the professional development of court staff through distance learning has been substantiated. Conclusions are drawn, firstly, about the need for systematic professional development of teachers involved in the professional training of court staff through internships in courts and participation as experts in the work of relevant commissions that consider certain issues regarding the w
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12

Zmievskii, Dmitrii V. "THE RIGHT OF LEGISLATIVE INITIATIVE IN THE SYSTEM OF POWERS OF THE RUSSIAN FEDERATION CONSTITUTIONAL COURT." Oeconomia et Jus, no. 4 (December 23, 2021): 46–52. http://dx.doi.org/10.47026/2499-9636-2021-4-46-52.

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The article considers the right of legislative initiative of the Constitutional Court of the Russian Federation enshrined in the Constitution of the Russian Federation in the light of amendments made to the Fundamental Law of our state in 2020, as well as subsequent updating of special federal constitutional legislation. It is noted that the problem of practice deficiency in implementing the mentioned power by the Constitutional Court of the Russian Federation is not new for the Russian legal science; in general, it is naturally determined and is due to a number of objective factors. However,
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13

Yagelnitskiy, A. A. "The case “Les”: a revolution in punitive damages or the question of the competence of the courts." Lomonosov Law Journal 65, no. 3, 2024 (2024): 27–39. https://doi.org/10.55959/msu0130-0113-11-65-3-2.

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The author comments on the ruling of the Supreme Court of the Russian Federation in case No. A45–19074/2021. There is a view that this ruling classified damages recovered in criminal proceedings in connection with a criminal offense as punitive damages. The author refutes this view, since it is unreasonable to believe that the Supreme Court had the goal of completely reformatting Chapter 59 of the Civil Code in the ruling of the Economic Chamber, and proves that the Supreme Court of the Russian Federation had the goal only of prohibiting the commercial court from resolving the issue of returni
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14

Korotkikh, N. N. "On the Issues of the Application of Part 6 of Article 15 of the Criminal Code of the Russian Federation." Juridical Science and Practice 15, no. 3 (2019): 79–84. http://dx.doi.org/10.25205/2542-0410-2019-15-3-79-84.

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The article analyzes some of the controversial, in the opinion of the author, recommendations of the Decree of the Plenum of the Supreme Court of the Russian Federation No. 10 of 15.05.2018 «On the practice of the courts applying the provisions of paragraph 6 Article 15 of the Criminal Code of the Russian Federation». Lowering the category of crime always requires clear criteria by which the actions of the defendant could be qualified with a change in the gravity of the crime. Based on examples from judicial practice, the thesis is substantiated that “taking into account the factual circumstan
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15

Alekseeva, Natalia I., and Aleksandr I. Svetlov. "The Supreme Court of the Russian Federation as Successor to the Supreme Court of the RSFSR: Historical and Legal Aspects." Rossijskoe pravosudie, no. 12 (November 17, 2023): 5–13. http://dx.doi.org/10.37399/issn2072-909x.2023.12.5-13.

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A democratic legal state is featured by a judicial system capable of effectively protecting the interests of citizens and organizations. In historical and legal studies, it is crucial to study how its main institutions were formed and developed. The study seeks to define the peculiarities of the legal and organizational foundations underlying the RSFSR Supreme Court’s creation and its subsequent development in modern Russia. This goal can only be reached by completing the following tasks: – To provide an overview of the historical and legal aspects of the activities of the domestic higher cour
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16

Ershov, Valentin V., and Vladimir V. Kulakov. "Digital Legal Relations – Modern Reality." Rossijskoe pravosudie, S1 (October 5, 2022): 8–15. http://dx.doi.org/10.37399/issn2072-909x.2022.si.8-15.

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The article substantiates the appeal of the authors of the special issue of the journal dedicated to the 100th anniversary of the Supreme Court of the Russian Federation to the topic of special legal relations formed under the influence of the implementation of digital technology in all spheres of government. The authors review areas of use by public authorities, including the judiciary, information and digital technologies, national legal acts intended to facilitate the effective development of the digital economy. In connection with the 100th anniversary of the key role of the judicial syste
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17

Семеновский, Игорь, and Igor' Semenovskiy. "BASICS OF THE JUDICIAL CONSTITUTIONAL REVIEW AND ENFORCEMENT IN RUSSIAN AND BRAZILIAN FEDERAL STRUCTURE." Journal of Foreign Legislation and Comparative Law 3, no. 3 (2017): 43–48. http://dx.doi.org/10.12737/article_593fc343aac832.56581856.

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This article is devoted to the comparative analysis of bases of legal regulation of the constitutional proceedings and enforcement in the Russian Federation and the Federative Republic of Brazil, whihc are the Member States of BRICS. The author provides a brief overview of the constitutional regulation of the judiciary and a comparative analysis of the models of judicial constitutional control in Brazil and Russia; examines in detail the legal regulation of judicial constitutional control of the two states, including a review of the constitutional regulation of judicial procedures used by the
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18

Ivantsov, Sergey, Sergey Borisov, Gulfiya Usembaeva, Tatiana Muzychuk, and Yuri Tishchenko. "Relevant Problems of Improving the Measures of Criminological Prevention of Extremist Crimes Committed Using Information and Telecommunication Networks." Всероссийский криминологический журнал 12, no. 6 (2018): 776–84. http://dx.doi.org/10.17150/2500-4255.2018.12(6).776-784.

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The goal of this study is to identify the problems in the existing system of criminological prevention of extremist crimes committed using information and telecommunication networks, and to work out ideas for its improvement. The authors use general and special research methods, primarily, sociological ones. They have studied 184 criminal cases of extremist crimes committed using information and telecommunication networks tried in courts in the cities of Irkutsk, Moscow, Penza, in Kursk, Moscow, Murmansk, Samara and Chelyabinsk Regions and in the Republic of Bashkortostan in 2010–2017. The hav
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19

Sultanov, Aydar R. "Do We Need Cross-Border Bankruptcy in Russia?" Bulletin of Liberal Arts University 13, no. 2 (2025): 80–90. https://doi.org/10.35853/vestnik.gu.2025.13-2.06.

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The theoretical issue of cross-border bankruptcy has now become a practical problem for arbitration courts in Russia, which were required to deal with the issue without the benefit of a pre-existing regulatory framework. In this article, an examination will be undertaken, drawing upon a case study, of the issue of protecting rights in instances where a debt is not settled by a debtor – a foreign legal entity with property in Russia – after a court has issued a ruling. In this particular instance, the most opportune course of action was to petition the court to initiate bankruptcy proceedings,
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20

Safronov, A. Yu. "Vehicle Seizure for the Purpose of its Confiscation as a Measure to Enforce Criminal Proceedings in Russia." Lex Russica 76, no. 9 (2023): 32–43. http://dx.doi.org/10.17803/1729-5920.2023.202.9.032-043.

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The paper analyses the seizure of property as one of the basic institutions of ensuring criminal justice in Russia. The author provides the most recent practice of district (city) courts, as well as courts of constituent entities of the Russian Federation, based on the legal standing of the Supreme Court of the Russian Federation in compliance with the new paragraph «d« of Part 1 of Article 104.1 of the Criminal Code of the Russian Federation regulating confiscation of a vehicle used in the commission of crimes stated in Articles 264.1, 264.2 or 264.3 of the Criminal Code. The statutory provis
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21

German, A. S. "Remote Proceedings in the Supreme Court of the Russian Federation." Rossijskoe pravosudie 6 (May 20, 2020): 5–12. http://dx.doi.org/10.37399/issn2072-909x.2020.6.5-12.

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At present the Supreme Court of the Russian Federation, as well as many state bodies, has faced a global challenge – the coronavirus pandemic that has affected all social processes. Taking into account the current situation, the Supreme Court of the Russian Federation has integrated related technologies of web-conferencing and video-conferencing for holding remote court sessions. The article briefly presents an algorithm of actions for organizing a web conference in court.
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22

Vopilov, Nikolay. "CASSATION ACTS OF JUDICIAL COLLEGIUMS OF THE SUPREME COURT OF THE RUSSIAN FEDERATION: A KIND OF JUDICIAL PRECEDENT OR ADVISORY JUDICIAL PRACTICE." Economics. Sociology. Law. 03, no. 01 (2024): 77–86. http://dx.doi.org/10.22281/2542-1697-2024-03-01-77-86.

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The purpose of the article is to analyze the definitions of the judicial legal force of the rulings of the Supreme Court of the Russian Federation issued in cassation, the difficulties and problems of their use as a guideline in judicial practice, applied concrete scientific, empirical, comparative legal and other studies, recommendations on the use in practice of the rulings of the Supreme Court of the Russian Federation issued in cassation, given proposals for improving legislation in terms of ensuring and forming the unity of judicial practice, and also recommendations are given on the corr
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23

Zaitseva, Ekaterina. "Setting the Limits of Legal Regulation in the Interpretation Activity of Higher Judicial Courts." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2024, no. 4 (2024): 20–30. https://doi.org/10.35750/2071-8284-2024-4-20-30.

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Introduction. The requirement to establish the limits of legal regulation arises in the implementation of various types of legal activities, such as law-making, interpretive and lawenforcement ones. A special place in setting the limits of legal regulation in the interpretation activity is occupied by the highest judicial courts – the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation. The aim of the research: to identify the peculiarities and significance of setting the limits of legal regulation in the interpretation activity of higher courts. The
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24

Fedorova, T. V. "Review of the Practice of Application by Judges of Article 2.7 of the Administrative Code of the Russian Federation in the Resolution of Cases of Administrative Offenses." Rossijskoe pravosudie 3 (February 26, 2021): 66–80. http://dx.doi.org/10.37399/issn2072-909x.2021.3.66-80.

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The review examines the rules and procedure for judges actions in resolving cases of administrative offenses with the application of the provisions of Article 2.7 of the Administrative Code of the Russian Federation; analyzes the practice of courts in various regions of the Russian Federation. Proposed solutions to controversial issues of judicial practice, the position of the constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on the content and the relationship of the terms to be clarified in the case of an administrative offense, with the purpose o
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25

Baranov, Vladimir. "Codification of the legal positions of the Supreme Court of the Russian Federation: essence, necessity, prospects." Legal Science and Practice: Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, no. 1 (April 27, 2023): 12–27. http://dx.doi.org/10.36511/2078-5356-2023-1-12-27.

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The article attempts to substantiate the special normativity of the legal positions of the Supreme Court of the Russian Federation, which allows them to be “qualifiedˮ as a relatively independent form of law.
 A series of arguments is proposed proving the need to codify the legal positions of the Supreme Court of the Russian Federation.
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26

Nikolay A., Petukhov, and Ryabtseva Ekaterina V. "The Role of the Supreme Court of the Russian Federation in Ensuring the Institutional Development of the Judicial System and Independence of the Judiciary." Rossijskoe pravosudie, S (April 12, 2023): 126–34. http://dx.doi.org/10.37399/issn2072-909x.2023.si.126-134.

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The article considers institutional changes in the judicial system through the creation of appellate and cassation courts. Their importance for ensuring the independence of the judiciary and increasing the effectiveness of judicial protection of the rights and freedoms of citizens is substantiated. The principle of extraterritorial development of the judicial system of the Russian Federation is revealed. The provisions on changing the composition, structure, judicial powers of these courts, their place in the unified judicial system of the Russian Federation are analyzed. The role of the Supre
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27

Konyukhova, A. A. "Settlement of Tax Disputes in the Russian Federation and Germany." MGIMO Review of International Relations, no. 2(41) (April 28, 2015): 269–75. http://dx.doi.org/10.24833/2071-8160-2015-2-41-269-275.

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This article is devoted to the settlement of tax disputes in the Russian Federation and the Federal Republic of Germany. The features of the conflict settlement mechanism are both shown in the stage of administrative and judicial review. In accordance with German law, the administrative stage of dispute resolution, carried out by the tax authority, always precedes the filing of a complaint to a court. Consequently, the taxpayer submits his first application in writing to the tax authority that issued the tax act, though in some cases to a higher tax authority. This obligatory procedure was bor
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28

Krasnov, Sergey, and Yaroslav Trofimov. "Written Customary Law Practice in the Arbitration Process of the Russian Federation at the Modern Civilizational Stage of Development." Legal Concept, no. 3 (November 2023): 21–26. http://dx.doi.org/10.15688/lc.jvolsu.2023.3.3.

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Introduction. In the paper, the authors analyze the written customary law practice in the modern arbitration process of the Russian Federation in the context of the process of improving the arbitration procedural legislation at the modern civilizational stage of the development of Russian society and the state. The purpose of the paper is to analyze and define the doctrinal essence of judicial arbitration practice, the generalizing body of which is the Supreme Court of the Russian Federation. Methods. The methodological framework for study is the methods of scientific cognition, such as dialec
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Zbaratskiy, B. A. "Courts’ Participation in Lawmaking: Critical Analysis of the Theory and Practice of Legislative Initiative." Actual Problems of Russian Law 15, no. 8 (2020): 55–65. http://dx.doi.org/10.17803/1994-1471.2020.117.8.055-065.

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The paper explores the implementation of the power to initiate legislation by the highest judicial bodies of Russia—the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation. The author focuses on specific legislative initiatives of the higher judiciary and provides examples of judicial intrusion into the field of activities of other branches of power. The author highlights the need for additional doctrinal elaboration of draft laws initiated on behalf of the Supreme Court of the Russian Federation. The paper analyzes the reasons for the non-application
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30

Tomilin, Oleg, and Ivan Romaikin. "SOME ASPECTS OF THE CONSTITUTIONAL RIGHT TO HEALTH PROTECTION AND MEDICAL CARE IN THE CONTEXT OF THE LEGAL POSITIONS OF THE SUPREME COURTS OF THE RUSSIAN FEDERATION." Social Aspects of Population Health 69, no. 4 (2023): 18. http://dx.doi.org/10.21045/2071-5021-2023-69-4-18.

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The constitutional right to health protection and medical care is one of the fundamental human rights. It has a rather complex implementation mechanism and assumes the functioning of a developed health organization system. The realization of the right to health protection and medical care has become particularly relevant during the spread of the new coronavirus infection COVID-19. The purpose of the study is to analyze some aspects of the constitutional right to health protection and medical care in the light of the legal positions of the highest judicial instances of the Russian Federation –
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31

Andrianov, Vladimir K. "Conditional Early Release from Serving a Sentence: Patterns and Problems of Application." Rossijskoe pravosudie, no. 2 (January 25, 2022): 72–81. http://dx.doi.org/10.37399/issn2072-909x.2023.2.72-81.

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Conditional early release from serving a sentence is the traditional and most common type of release from punishment, embodying the ideas of humanism and economy of criminal repression and allowing for a balance between the principles of legality and equality of citizens before the law, on the one hand, and the principle of justice and individualization of criminal responsibility, on the other. Due to the importance of this institution, the Plenum of the Supreme Court of the Russian Federation notes that in the practice of courts there should be no cases of unjustified refusal of conditional e
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32

Andreev, V. K. "Scientific Commentary on the Review of Judicial Practice on Some Issues of the Application of Legislation on Business Entities." Rossijskoe pravosudie 6 (May 26, 2021): 27–32. http://dx.doi.org/10.37399/issn2072-909x.2021.6.27-32.

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The article discusses the forms of clarification on matters of judicial practice by the Plenum of the Supreme Court of the Russian Federation, the Presidium of the Supreme Court, as well as in the Review of judicial practice on some issues of the application of legislation on business companies dated December 25, 2019. Clarifications of the Supreme Court of the Russian Federation on issues of judicial practice are characterized as the positions of the courts identified in the course of studying and summarizing the judicial practice of the corresponding category of cases, which are acts of indi
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33

Boldyrev, N. A. "Judicial Practice as a Formal Basis for Restricting Human Rights and Freedoms." Actual Problems of Russian Law 18, no. 9 (2023): 38–46. http://dx.doi.org/10.17803/1994-1471.2023.154.9.038-046.

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The paper deals with the issue of the formal grounds for restricting human rights and freedoms. Using the cases from the practice of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, the author confirms that judges’ creativity in the form of judicial decisions can restrict rights and freedoms, which means that it can be a formal basis for their restriction. The classic list of formal grounds, containing normative acts of various levels (from the federal constitutional law and the decree of the President of the Russian Federation to the resoluti
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34

Kolokolov, Nikita A. "Senior Courts Guarding the Rights and Legitimate Interests of Military Servicemen: A Direct Reminder of Article 37 of the Constitution of the Russian Federation, the Directly Applicable Law." Military juridical journal 1 (January 25, 2024): 38–45. http://dx.doi.org/10.18572/2070-2108-2024-1-38-45.

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The article analyzes the recent practices of the Constitutional Court of the Russian Federation and the Judicial Chamber on Cases of Military Servicemen of the Supreme Court of the Russian Federation. The focus is on the protection of the rights and legitimate interests of specific servicemen who were illegally convicted and/or deprived of the right to appropriate monetary remuneration based on the decisions of military courts. The analysis includes specific examples.
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35

Dityatkovskiy, M., and I. Tretyak. "Conditions of realization of regional civil servants’ rights on pension provision." Law Enforcement Review 2, no. 3 (2018): 64–71. http://dx.doi.org/10.24147/2542-1514.2018.2(3).64-71.

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The subject of the paper is civil servants’ right on pension provision and realization of this right in Russian regions.The purpose of the paper is to check the constitutionality and legality of limits to this right. Some limits were imposed by the court practice of the Supreme Court of the Russian Fe- deration.The methodology. General scientific methods as analysis, synthesis, induction, deduction, comparison were used. The authors also use the formal legal interpretation of judicial decisions of the Supreme Court of the Russian Federation, concerning pension rights of public servants.The mai
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Bratko, Tatiana Dmitrievna. "Verification of constitutionality of tax breaks: Russian and U.S. approaches." Налоги и налогообложение, no. 3 (March 2020): 67–78. http://dx.doi.org/10.7256/2454-065x.2020.3.32849.

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  Ensuring compliance with the generally accepted principles of law, protection of human and civil constitutional right and freedoms are attributed to a number of fundamental problems of the Russian and foreign law. Special place among them belongs to the problem of protection of constitutional rights of tax payers, particularly the contest of constitutionality of tax breaks. The essentially different approaches towards verification of constitutionality of tax breaks have established in the Russian Federation and the United States. Unlike the Supreme Court of the United States, the Co
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37

Zholobov, Yaroslav B. "The powers of presidents of general jurisdiction courts in the Russian Federation: Classification issues." Vestnik of Saint Petersburg University. Law 13, no. 4 (2022): 860–76. http://dx.doi.org/10.21638/spbu14.2022.402.

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Based on the practical experience of the retired court president, the article covers the issues of systematizing the powers of presidents of general jurisdiction courts in Russia through creating their classification. The material is presented in a problematic manner. The author identified four key issues related to the powers of presidents of general jurisdiction courts: the compliance of powers with new tasks and challenges that arise before the justice system; the binding nature of the powers of presidents of general jurisdiction courts; differences in the powers of presidents of general ju
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38

Kaznacheysky, Vladimir V. "The Principle of Direct Effect of the Constitution of the Russian Federation in Criminal Case Review." Constitutional and municipal law 1 (January 25, 2024): 18–22. http://dx.doi.org/10.18572/1812-3767-2024-1-18-22.

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The article is devoted to problematic issues of applying the principle of constitutional law related to the direct effect of the Constitution of the Russian Federation when considering criminal cases by courts of general jurisdiction. The subject of the study is the principle of direct action of the Basic Law, doctrinal sources devoted to the topic under discussion, the legal positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, issues of legal consciousness of judges. Scientific provisions on the formation of comprehensive measures ai
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39

Goncharova, Valeriya. "Criteria for the admissibility of a reduction by the court of the costs of paying for the services of a representative of the victim: the applicability of a cross-sectoral approach." Legal Science and Practice: Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia 2022, no. 4 (2022): 128–34. http://dx.doi.org/10.36511/2078-5356-2022-4-128-134.

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Common to all types of domestic legal proceedings is the presence of such a variety of procedural costs as the cost of paying for the services of a representative of the injured party. At the same time, the amount of legislative regulation of these costs varies depending on the type of process: in contrast to the civil procedural and arbitration legislation, the Code of Criminal Procedure of the Russian Federation does not contain provisions that give the court the right to reduce these amounts. At the same time, only an indirect argument in favor of the court having such an opportunity are th
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40

Kozina, E. V. "To the question of bonuses (current legal positions The Constitutional Court of the Russian Federation and Supreme Court of the Russian Federation)." Voprosy trudovogo prava (Labor law issues), no. 7 (July 27, 2023): 410–14. http://dx.doi.org/10.33920/pol-2-2307-05.

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The question of the legality of the payment of the premium does not subside in law enforcement practice. The reason for this is the incorrect wording of local regulations. The Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation delimited Article 135 of the Labor Code of the Russian Federation and Article 191 of the Labor Code of the Russian Federation. If these payments are of a regular nature and are accrued for the performance of indicators previously approved by the employer, then they are recognized by the courts as a guaranteed payment. In other
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41

Aslanyan, Ruslan G. "Sources of specification and interpretation of the prescriptions of a special part of Russian criminal law." Gosudarstvo i pravo, no. 2 (July 15, 2024): 74–81. http://dx.doi.org/10.31857/s1026945224020078.

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The article examines the system of formal sources of Criminal Law, which, during consideration and analysis, is thought of as a set of forms of expression of criminally relevant information, differentiated depending on the content of information, subjects of its presentation, purpose in the mechanism of criminal law regulation and clearly falling into two related groups: related to the criminal law prohibition in as a whole and to the composition of the crime. As the main conclusion, a system of formal sources of a Special part of Criminal Law is proposed, consisting of two groups of acts: a)
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42

Artemenkov, Vladimir K. "The Concept and Attributes of a Statutory Act of the Prosecutor General’s Office of the Russian Federation in Administrative Proceedings." Administrative law and procedure 10 (October 8, 2020): 28–31. http://dx.doi.org/10.18572/2071-1166-2020-10-28-31.

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The article investigates the concept and trappings of normative legal acts of the Prosecutor General’s office of the Russian Federation, administrative cases on the challenge of which the Supreme Court of the Russian Federation considers as a court of first instance. The analysis is carried out of the correlation the concepts of «normative legal act of the Prosecutor General’s office of the Russian Federation» and «normative act of the Prosecutor General of the Russian Federation».
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43

Matveev, A. G. "THE INTERPRETATION OF THE RULES ON RELATED RIGHTS IN THE RULING OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION OF APRIL 23, 2019." Ex jure, no. 3 (2019): 57–69. http://dx.doi.org/10.17072/2619-0648-2019-3-57-69.

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Abstract: acts of the Supreme Court of the Russian Federation have a significant impact on the development of intellectual property law. This impact can be both positive and negative. On April 23, 2019, the Plenum of the Supreme Court of the Russian Federation adopted a scale Ruling on the application of the part four of the Civil Code of the Russian Federation. The purpose of this article: to analyze the provisions on related rights established in this Ruling. We believe that the interpretation of the rules on related rights undertaken in the Ruling of the Plenum of the Supreme Court was carr
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44

Chuykov, Dmitry A. "Legal Positions of the Highest Courts of the Russian Federation about Freedom of Association (Public Law Analysis)." Общество: политика, экономика, право, no. 6 (June 18, 2025): 148–55. https://doi.org/10.24158/pep.2025.6.20.

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Recently, the terms “legal positions of the Constitutional Court of the Russian Federation” and “legal positions of the Supreme Court of the Russian Federation” have been increasingly used in the Russian legal system. This phenomenon has attracted the attention of many researchers studying the nature of legal positions. The possibility of recognizing the legal positions of the highest judicial bodies of Russia as having an independent legal nature, and the legal force of the source of law for the court decisions in which these legal positions are contained, is debatable. In view of the signifi
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45

Magomedova, Maisarat A., and Magomedzagid M. Kurakhmaev. "The choice of a competent court as a prerequisite for the right to appeal to the arbitration court." Law Нerald of Dagestan State University 43, no. 3 (2022): 110–15. http://dx.doi.org/10.21779/2224-0241-2022-43-3-110-115.

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The choice of a court whose competence includes the consideration of an economic dispute is one of the prerequisites, in the presence of which the subjects of business relations are granted judicial protection. The purpose of this study is to establish general and additional criteria by which the competent court is determined. As a result of the conducted research, it was found that in connection with the adoption of Federal Law No. 451-FZ dated 28.11.2018 "On Amendments to Certain Legislative Acts of the Russian Federation", the concept of jurisdiction was excluded from the agro-industrial Co
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46

German, A. S. "Remote Proceedings in the Supreme Court of the Russian Federation." Pravosudie / Justice 2, no. 3 (2020): 100–118. http://dx.doi.org/10.37399/2686-9241.2020.3.100-118.

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Introduction. Currently, the Supreme Court of the Russian Federation, like many state bodies, is faced with a global challenge – the coronavirus pandemic, which has affected all public processes. The need for social distancing has contributed to the more active use of modern technologies that facilitate remote court hearings. Theoretical basis. Methods. The theoretical basis of the study were the Russian and foreign scientific works devoted to the problems of introducing information technologies into judicial activity. The methodological basis of the study was a systematic approach that made i
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47

German, A. S. "Remote Proceedings in the Supreme Court of the Russian Federation." Pravosudie / Justice 2, no. 3 (2020): 100–118. http://dx.doi.org/10.37399/2686-9241.2020.3.100-118.

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Introduction. Currently, the Supreme Court of the Russian Federation, like many state bodies, is faced with a global challenge – the coronavirus pandemic, which has affected all public processes. The need for social distancing has contributed to the more active use of modern technologies that facilitate remote court hearings. Theoretical basis. Methods. The theoretical basis of the study were the Russian and foreign scientific works devoted to the problems of introducing information technologies into judicial activity. The methodological basis of the study was a systematic approach that made i
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48

Radov, V. V. "On stare decisis in criminal law." Courier of Kutafin Moscow State Law University (MSAL)), no. 4 (June 17, 2024): 251–59. http://dx.doi.org/10.17803/2311-5998.2024.116.4.251-259.

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The article considers the place of the principle of stare decisis and the effect of its key parameters in the context of modern criminal law. The author proceeds from the fact that the precedent character of criminal law positions of the highest court directly follows from the constitutional requirements of equality of all before the law and the court, describes the basis of this principle in Russian realities. The author shows the groundlessness of the explanations of the Supreme Court of the Russian Federation and the chaotic formation of its quarterly reviews. The author proposes not to con
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49

Borisova, Viktoriya R. "The Problem of Non-Execution of Decisions of the Constitutional Court of the Russian Federation." Theoretical and Applied Law, no. 3 (17) (September 2023): 78–81. http://dx.doi.org/10.22394/2686-7834-2023-3-78-81.

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In the article the author analyzes the problem of non-execution of decisions of the Constitutional Court of the Russian Federation. It is emphasized that this circumstance undermines the supremacy of the Constitution of the Russian Federation. The author gives a specifi c example, when a decision of the Constitutional Court of the Russian Federation was issued in the interests of the applicants, however, the corresponding federal law was not adopted in the manner prescribed by law. Solutions to this problem are proposed. The necessity of allowing the courts of the Russian Federation to allow t
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50

Kleandrov, Mikhail I. "On the Supreme Judicial Authority of the Russian Federation." Gosudarstvo i pravo, no. 8 (2023): 51. http://dx.doi.org/10.31857/s102694520027226-9.

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The article substantiates the need to create in the Russian Federation a fundamentally new constitutional state authority under the conditional name of the Supreme Judicial Authority of the Russian Federation, similar to the fact that the highest legislative authority is the bicameral Parliament, and the executive authority is the Government of the Russian Federation. It is noted that such bodies exist in about half of the countries of the world, and in Russia it could quite realistically appear twice – in 1993 and in 2001. The author substantiates the inability to assign the functions of this
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