IS THE INDEPENDENCE OF THE JUDICIARY ACHIEVABLE? (CASE STUDY OF MAGISTRATES IN MOSCOW, RUSSIA)
Revista da Faculdade de Direito de São Bernardo do Campo
IS THE INDEPENDENCE OF THE JUDICIARY ACHIEVABLE? (CASE STUDY OF MAGISTRATES IN MOSCOW, RUSSIA)
Autor Correspondente: Elizaveta Abramova | [email protected]
Palavras-chave: Russia, Magistrates, Independence,Deliberative democracy.
Resumos Cadastrados
Resumo Inglês:
The given article raises the problem of mechanisms which could be used to achieve the independence of the judiciary in present-day Russia. The article offers a case study of magistrates (or justices of the peace) in Moscow: the order of their appointment and the specifics of their work are analyzed. The author conducted an independent sociological study among different age and professional groups and drew conclusions based on it. It is proposed to move to the electivity of magistrates, and the voters can become residents of the relevant judicial district. It is also proposed to raise the age of justices of the peace from 25 to 40 years and increase the number of justices of the peace, dividing them by specialization (civil, family, administrative, etc. disputes). These proposals can contribute to building a model of deliberative democracy in Russia, in which a civil society with a developed sense of justice is the most important factor in achieving the independence of the judiciary.
