Message from the PMR President to public and administrative authorities. “Political Stability” block. The tasks in the context of development of the judicial system

01/22/24 13:13

Message from the PMR President to public and administrative authorities. “Political Stability” block. The tasks in the context of development of the judicial system

To the Supreme Court:

1. To summarize judicial practice on writ proceedings. In order to ensure uniformity of judicial practice and clarify emerging issues, prepare a draft resolution of the Plenum of the Supreme Court of the PMR on writ proceedings (for reference: court orders amounted to 58.5% in 2019, 66.9% in 2020, 70 in 2021 .3%, in 2022 – 69.4% of all cases considered by the courts). If you look at the statistics, then the percentage of ordered proceedings is growing in principle. This greatly simplifies the work of the courts. Of course, uniformity in application is necessary.

2. To analyze judicial practice regarding the consideration by courts of cases of administrative offenses provided for by Chapter 12 of the Code of Administrative Offenses of the PMR (administrative offenses in the field of road traffic). Specifically, in relation to those cases where persons are identified as drinking alcohol or drugs and driving a vehicle. There are a lot of tricks here, a lot of nuances. The Supreme Council adopted the law. The law is Normal, no questions, but there is no practice of what the Supreme Council adopted. Naturally, cunning lawyers begin, so to speak, to excuse those who drink alcohol and drive from administrative liability. It is not right. I say to everyone: dear colleagues, if someone from the government and management bodies is found drunk driving - dismissal. Not to mention drugs. Dismissal followed by administrative sanctions and additional punishment. One should not drive while drunk. Everyone should clearly understand this.

3. To conduct a study and analysis of the practice of courts of first and cassation instances in considering petitions for choosing a preventive measure in the form of detention, bail and extension of detention, consider the feasibility of introducing other preventive measures (house arrest).

4. The Judicial Department at the Supreme Court should complete the repair work of the Kamensky District Court building and carry out a major overhaul of the Slobodzeya District Court building.

5. To ensure compliance with reasonable time limits for the consideration of criminal cases in courts of general jurisdiction. Of course, we’ll talk about this at the collegiums, but when people are imprisoned for four years without a sentence, this is not good. Least.

 

To the Constitutional Court:

1. To continue to exercise powers to ensure the supremacy and direct effect of the Constitution, compliance with constitutional legality and order, the functioning of legal authority in society and guarantees of individual rights and freedoms.

2. To continue work on mandatory posting of court decisions on the official website of the Constitutional Court, ensure the technical ability to receive applications from applicants electronically on the site, as well as timely response to incoming applications and questions from citizens.

3. In order to popularize the activities of the Constitutional Court, continue to work on the preparation by employees of scientific and practical publications in the field of constitutional proceedings and posting them on the official website of the court.

4. To ensure active participation in improving constitutional legislation, including the implementation, if necessary, of the right of legislative initiative on issues within its jurisdiction. When formulating opinions on projects submitted for approval as a subject of the right of legislative initiative, normative acts on issues of constitutional and legislative regulation of the powers and activities of the Constitutional Court, the implementation of the functions of constitutional control, the constitutional and legal status of judges, take into account in full the entire range of provisions of the Constitution of the PMR. The Constitutional Court must guard the Constitution and, naturally, weigh all possible initiatives, legislative and other, for their compliance with the Constitution. This is all clear.

 

To the Arbitration Court:

1. In order to strengthen the authority of the judiciary and attract human resources, carry out advanced training of judges through participation in scientific and practical conferences, as well as using remote and online resources, of course, if possible.

2. In order to save budget funds to finance postal expenses in 2024, continue to use alternative methods of informing participants in the arbitration process.

3. To continue work to improve arbitration procedural legislation, taking into account the adopted innovations in the legal field of the PMR.

4. In order to uniformly apply the norms of the current legislation, update the previously adopted clarifications of the Plenum of the PMR Arbitration Court.

Regarding agendas. This applies not only to the Arbitration Court, but to the law enforcement system as a whole. Previously there was one system, now the world goes further – electronic and other resources are used. It is necessary to study the practice of other states where the summons is published and considered delivered. By law, of course. This practice is used by European states and CIS countries. It is impossible to deliver a summons for one reason or another – they published it in the newspaper, and the summons is considered delivered. Study and then report separately.

 

Также в рубрике

10/03/24 12:55
The offer is valid this autumn for those who used the services of TAROM Airlines
10/02/24 20:50
They were introduced to the sights of the Grigoriopol and Dubossary Districts
10/02/24 15:49
President Vadim Krasnoselsky signed amendments to the law On State Duty
10/02/24 13:20
Polls have shown that civic identity prevails over national identity in the country