Constitutional changes in 2020 and the mechanism of justice: pros and cons

Occupation: Chief researcher of the Institute of State and Law of the Russian Academy of Sciences
Affiliation: Institute of State and Law of the Russian Academy of Sciences
Address: Russian Federation, Moscow

Journal name

Gosudarstvo i pravo

Edition

Issue 10

Pages

7-23

Abstract

The article considers and analyzes the innovations of 2020 to the Constitution of the Russian Federation related to the domestic organizational and legal mechanism of justice. The problematic aspects of innovations related to the status requirements for candidates for the position of judge, as well as the constitutional responsibility of judges created by these innovations, are considered. Serious attention is paid to the problem of reorienting the entire three – part mechanism of the judicial power to create and achieve the main goal of justice-passing fair judicial acts, which has no place in the Constitution of the Russian Federation even after its reform in 2020. One means of achieving this goal the author believes a deeper specialization of justice, which justifies and proposes a radical transformation of the entire judicial system, through which you will create five fully independent judicial systems (the number of five types of proceedings, enshrined in a new edition of part 2 of article 118 and part 3 of article 128 of the Constitution of the Russian Federation, examples of which are in some foreign countries). The effective judicial functioning of the new judicial system and the improvement of the efficiency of the judicial and judicial-status component of the justice mechanism will be facilitated by the implementation of the proposal to create a fundamentally new constitutional state authority that represents the judicial branch of state power, but is not a judicial body - the Council of judicial power, which we do not yet have (but which could have appeared in 1993 and 2001), which is widely represented in about half of the world's States and is in great need of it.

Keywords

mechanism of justice, innovations in the Constitution of the Russian Federation in 2020, ensuring fair justice, new judicial systems, Council of the judicial power of the Russian Federation

Received

14.07.2020

Publication date

16.11.2020

Number of characters

76287

Cite

GOST	Kleandrov M. Constitutional changes in 2020 and the mechanism of justice: pros and cons // Gosudarstvo i pravo – 2020. – C. 7-23 [Electronic resource]. URL: https://gospravo-journal.ru/S102694520012228-1-1 (circulation date: 24.04.2024). DOI: 10.31857/S102694520012228-1
MLA	Kleandrov, Mikhail I "Constitutional changes in 2020 and the mechanism of justice: pros and cons." Gosudarstvo i pravo 10 (2020):7-23. DOI: 10.31857/S102694520012228-1
APA	Kleandrov M. (2020). Constitutional changes in 2020 and the mechanism of justice: pros and cons. Gosudarstvo i pravo (10), pp.7-23 DOI: 10.31857/S102694520012228-1

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