Justice of the peace in the Republic of Tyva questions and problems

Journal Issue:

Author Information: 
  •  
  • Alexander A. Galushkin - Associate Professor at the Department of Judicial Authority, Law-Enforcement and Human Rights Activity of the Peoples’ Friendship University of Russia.
  • Aylana Ay-B. Soskal - Master of Laws; Legal Assistant.
Abstract: 

This article describes the topical issues of magistrate corpus in Russian Federation on the example of the Tuva Republic at the modern stage. Problematics and established practice in applying the law are studied. The article presents an actual statistics of magistrate's workload of the Tuva Republic (civil, administrative and criminal cases). Author's justification of the increased loading is given (legal and organizational meanings). Procedures and legal regulation of appointment to the magistrate's post in the Republic of Tuva, and also ensuring activity of devices of the magistrates, including a legal status of labours of the device are considered. Possible solutions of problems are considered, both organizational (including technical), and legal character, also author's justification on the example of the Tuva Republic is given.

Keywords: 

justice of the peace, work load, powers, competence, legal status, Republic of Tyva, Russia, Russian Federation, practice, perspective.

REFERENCES: 

[1] Federal Law of Russian Federation #218 from 29.12.1999 "The total number of magistrates and court sites in the Russian Federation"
[2] Law of the Republic of Tuva #813 from 30.12.2000 "On the judicial district and the Justices of the Peace of the Republic of Tuva"
[3] Report of department of statistics of the Supreme Court of the Republic of Tyva. 2012.
[4] Federal law #218-FZ from 29.12.1999 "On the total number of magistrates and court sites in the Russian Federation"
[5] The resolution of the Supreme Hural (parliament) of the Republic of Tyva "About the draft of the federal law "About modification of article 1 of the Federal law "About total of magistrates and quantity of judicial sites in regions of the Russian Federation" 21.09.2012 No. 1539 VH-1
[6] The Constitutional Law of the Republic of Tuva #1004 VH-1 from 18.11.2011 "On Magistrates in the Republic of Tuva"
[7] The Сonstitution of Russian Federation / the Russian newspaper of 25.12.1993.
[8] Federal Law #188-FZ from 17.12.1998 "On Magistrates in the Russian Federation"
[9] Federal Law #7-FZ from 08.01.1998 "On the Judicial Department of the Supreme Court of the Russian Federation"
[10] The resolution of the government of the Republic of Tyva "About the adoption of Provision on the Ministry of the Republic of Tyva for justice" of 06.10.2008 No. 582
[11] Cemeykiha C.A. The genesis and development of the institution to ensure the organization of magistrates Russia / / Education and Law. 2011. #1/2011. S. 180-187.
[12] Sachko S.Y. The problem of imperfection of the legal regulation of the status of the judges / / Jurisprudence. 2007. #2/2007. S. 70-73.