Composition of judges: problems of definition, classification and legal consolidation

The object of this study is a set of legal relations arising in the organization of judicial structures and composition of courts, based on the principles of singleness and collegiality. The subject of this study is the definition of the concept of "composition of judges". The aim of the work is to differentiate the conceptual framework that defines the definitions of "judicial composition", "composition of the court" and "composition of the court" in order to eliminate conflicts of both a doctrinal and legislative nature. The main research methods are analysis and synthesis. In addition, the formal legal method was actively used. Empirical methods related to the study of practice materials were also used. The result of the work is the author's definition of the "composition of judges" and the classification of this legal phenomenon. The scope of the results is the development of public law doctrine and current legislation governing the organization of justice in the Russian Federation. The scientific novelty of the research consists in enriching the conceptual framework that defines the elements of the justice system, as well as in suggesting a possible direction for reforming the current legislation of the Russian Federation governing the organization of justice. The author proposed the concept and the corresponding differentiation of the concepts of "composition of the court", "judicial composition" and "composition of judges" in order to design both doctrinal uniformity and in the legislative definition. The introduction of these definitions into scientific circulation in the future may lead to changes in the relevant procedural codes. This will make it possible to achieve a unified understanding of the meaning of the concepts "composition of the court", "judicial composition" and "composition of judges".

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Publication Details

Journal
Юридические исследования
Published
2025-02-01
DOI
https://doi.org/10.25136/2409-7136.2025.2.73252
Primary Topic
European and International Law Studies
Type
article
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article

Composition of judges: problems of definition, classification and legal consolidation

Ol'ga Aleksandrovna Kartsevskaya
Юридические исследования
European and International Law Studies
article

Composition of judges: problems of definition, classification and legal consolidation

Ol'ga Aleksandrovna Kartsevskaya
article en

Abstract

The object of this study is a set of legal relations arising in the organization of judicial structures and composition of courts, based on the principles of singleness and collegiality. The subject of this study is the definition of the concept of "composition of judges". The aim of the work is to differentiate the conceptual framework that defines the definitions of "judicial composition", "composition of the court" and "composition of the court" in order to eliminate conflicts of both a doctrinal and legislative nature. The main research methods are analysis and synthesis. In addition, the formal legal method was actively used. Empirical methods related to the study of practice materials were also used. The result of the work is the author's definition of the "composition of judges" and the classification of this legal phenomenon. The scope of the results is the development of public law doctrine and current legislation governing the organization of justice in the Russian Federation. The scientific novelty of the research consists in enriching the conceptual framework that defines the elements of the justice system, as well as in suggesting a possible direction for reforming the current legislation of the Russian Federation governing the organization of justice. The author proposed the concept and the corresponding differentiation of the concepts of "composition of the court", "judicial composition" and "composition of judges" in order to design both doctrinal uniformity and in the legislative definition. The introduction of these definitions into scientific circulation in the future may lead to changes in the relevant procedural codes. This will make it possible to achieve a unified understanding of the meaning of the concepts "composition of the court", "judicial composition" and "composition of judges".

Юридические исследования(2)
Openalex Percentile: Top 97%
European and International Law Studies
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