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Friday, February 16, 2018

In the new judicial reform hid a “bomb” to challenge the verdicts will be complicated


The courts have a lot of work.

To unload, the Supreme court submitted to the state Duma a package of amendments to the Civil and Arbitration procedural codes and Code of administrative procedure.

If these amendments are accepted, they will make life easier for the judges, but will complicate it to those whom they judge. First of all, because in the court now sentences will not be part of the reasoning.


photo: pixabay.com

The judge will announce the verdict of “Guilty, a fine of three hundred thousand rubles.” And why he felt that guilty — based on what facts, conclusions, inferences? — that he will not explain. Guilty.

The reasoning part of the sentence can be requested from the court only in case, if you decide to appeal. Then you it, so be it, prepare. But when the appeals court will issue its verdict, it is no motivation to provide will not, under any circumstances.

To challenge the decision in the case, if the judge made a mistake or intentionally took someone’s side, being bribed or biased, it will be absolutely impossible. In the same way as it would be impossible to require a retrial, if then there will be new circumstances.

To review and to challenge the judicial decision, it is necessary to bring counterarguments. And how to lead them if the decision does not reflect the arguments?

In the explanatory note to this amendment States that in most cases, in the opinion of the Supreme court, the reasoning of useless.

Participants in the process want to know the court arguments only if you’re going to appeal the decision, but it is very rarely. The appeal serves only 11.5% of cases. While 98% of appeals to the higher courts still leave unsatisfied, the sentences are not overturned.

“On the production of a reasoned decision, the judge spends up to five working days and the expenses of the Federal budget for one day of work the judges are in courts of General jurisdiction 23 990 RUB., and in arbitration courts — 25 210 RUB” — it is told in the explanatory note. Type why spend the people’s money that people do not need?

At first glance, this argument may seem logical, but the logic is perverted. We all know that the people’s money is not enough to bother anyone in power. The idea of giving up part of the reasoning is likely due to the fact that judges for the most part poorly versed in computers. That’s why they want to get rid of the “extra paperwork”.

Now judicial decisions in civil cases consist of the introductory part, the reasoning and operative. If you remove the reasoning, the judge will leave less time to prepare solution.

But the introductory and resolution parts still remain. And they, too, need to get on the computer and waste time.

Developing the economic initiative of the Supreme court, and to refuse them. Leave only half a page the essence: who owes what to whom to give and how many hours to work on public works.

And over time, will be about half a page to forget. The civil judge, as the referee in the ring, just raise your hand winning. And all things will become clear.

As lawyers say, judges are now not really worried with the reasoning part. Do not feel obliged to explain why they took a particular decision. This spontaneously arising phenomenon in the judicial community is often the chaos going on. Amendment of the Supreme court to fix it.

Of course, it is not in order to fix the mess. It is proposed to solve the technical problem of judicial work.

But except for some technical problems there are also some General principles enshrined in the Foundation of government. And one of the most important of these principles: people — not cattle. Therefore, not only the citizens have to respect the judges, but the judges must respect the citizens. And sentences without explanation — it doesn’t matter, they are necessary parties to the proceedings or not needed, is in any way disrespectful.

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