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JUSTICE AND LIFE OF SOCIETY

JUSTICE AND LIFE OF SOCIETY

V.V. LAZAREV,
Doctor of Legal Sciences, Professor, Honored Worker of Science of the Russian Federation,
Chief Researcher of the Institute of Legislation and Comparative Law under the Government
of the Russian Federation

D.A. FURSOV,
Doctor of Legal Sciences, Professor of the Department of Civil and Administrative Proceedings
of the Russian State University of Justice

DOI: 10.24031/2226-0781-2019-9-3-12-33

This article examines the problems of justice in modern conditions from the public expectations,
as well as the conditions under which it inevitably remains in crisis or has all the
possibilities for its development. Judicial protection of rights and freedoms is a fundamental
function of the judiciary, a special mission is assigned to the court, and its effective
implementation is possible with the implementation of the principle of separation of powers
into legislative, executive and judicial. The daily activities of courts mean resolving disputes,
and it is aimed at ensuring the rights and freedoms of citizens. The authors note the
problem of direct and indirect judicial control. It is more convenient for the court to consider
the issue of compliance or non-compliance of a subordinate regulatory legal act with
a federal law in an independent legal proceeding, while an understanding of the constitutional
right to judicial protection, on the contrary, indicates the need to restore the violated
right as soon as possible.

Keywords: state; legality of judicial acts; justice; judicial reform; unification of procedural
branches of law.

References

Alekseev S.S. Property Rights. Theory Problems. 2nd ed. Moscow, 2007. (In Russian)
Andreev V.K. On the Right of Private Property in Russia (Critical Essay). Moscow,
2007. (In Russian)
Belyaev V.P., Brezhnev O.V., Lagutin I. B., Khoroshiltsev A.I. Control in Modern Russia.
Moscow, 2013. (In Russian)
Bruno L. Freedom and the Law. Trans. from English. Moscow, 2008. (In Russian)
Malko A.V. (ed.). Court as a Subject of Legal Policy: Monograph. Moscow, 2014.
(In Russian)
Dvorkin R. Taking Rights Seriously. Trans. from English. Moscow, 2004. (In Russian)
Fursov D.A. Consideration and Resolution of Bankruptcy Cases: Study Guide. Moscow,
2009. (In Russian)
Fursov D.A. Essays on the Person, State, Justice, or Biblical Instructions to a Secular
Man. Moscow, 2013. (In Russian)
Fursov D.A. Formation of the Updated Composition of the Supreme Court of the
Russian Federation. Herald of Civil Procedure, 2014, no. 3. (In Russian)
Fursov D.A., Kharlamova I.V. The Theory of Justice in a Brief Three-Volume Statement
on Civil Cases. Vol. 1: Theory and Practice of Organizing Justice. Moscow, 2009.
(In Russian)
Golik N.M. The Constitutional Complaint as a Guarantee of the Protection of the
Rights and Freedoms of Citizens: Monograph. Moscow, 2010. (In Russian)
Gromoshina N.A. Differentiation, Unification and Simplification in Civil Proceedings:
Monograph. Moscow, 2010. (In Russian)
Gulyaeva E.E. Legal Grounds for Restricting the Right to Liberty and Security of
Person Under the 1950 Convention for the Protection of Human Rights and Fundamental
Freedoms: Monograph. Moscow, 2013. (In Russian)
Hall K., Lindsay G. Theories of Personality. Moscow, 2008. (In Russian)
Hawkins D. Power vs. Force: The Hidden Determinants of Human Behavior. St.
Petersburg, 2010. (In Russian)
Hawkins D. Truth vs. Falsehood: How to Tell the Difference. St. Petersburg, 2010.
(In Russian)
Bratus S.N. (ed.). Judicial Practice in the Soviet Legal System. Moscow, 1975. (In
Russian)
Kleandrov M.I. Responsibility of the Judge: Monograph. Moscow, 2011. (In Russian)
Lazarev V.V. Socio-Psychological Aspects of the Application of Law. In Lazarev V.V.
Selected Works. In 3 vol. Vol. 1. Moscow, 2010. (In Russian)
Malushin A.A. Constitutional and Judicial Law-Making in the Russian Federation:
Problems of Theory and Practice: Monograph. Moscow, 2013. (In Russian)
Modern Judicial Reform in the Russian Federation. Moscow, 2007. (In Russian)
Nikitin S.V. Judicial Control over Regulatory Legal Acts in Civil and Arbitration
Proceedings. Moscow, 2010. (In Russian)
Novitsky V.A. Theory of Evidence: Monograph. In 2 vol. Vol. 1. Moscow, 2010. (In
Russian)
Property and Property Right: Civil Aspects: Monograph. Moscow, 2013. (In Russian)
Soloviev V.S. The Preacher in the Wilderness: Sermons on Law (Selected Works).
Moscow, 2014. (In Russian)
Sorokin V.V. The Concept and Essence of Law in the Spiritual Culture of Russia.
Moscow, 2007. (In Russian)
Starilov Yu.N. The Course of General Administrative Law. In 3 vol. Vol. 1. Moscow,
2002. (In Russian)
State and Law: Theory and Practice: Interuniversity Collection of Scientific Papers.
Kaliningrad, 2002. (In Russian)
Terekhin V.A. Court in the State-Legal Mechanism of Ensuring Human Rights and
Freedoms: Theory and Practice: Monograph. Moscow, 2013. (In Russian)
Terekhova L.A. The Right to Correct a Judicial Error as a Component of Judicial
Protection: Synopsis of a Thesis for a Doctor Degree in Law Sciences. Yekaterinburg,
2008. (In Russian)
Luzhin O.V. (ed.). The Formation of Russian Justice. 90 Years to the Supreme Court
of the Russian Federation. Moscow, 2013. (In Russian)
Tikhomirov Yu.A. Legal Aspects of Administrative Reform. Legislation and Economics,
2004, no. 4. (In Russian)
Tkachev V.N. Constitutional Legality in the Russian Law Enforcement (Judicial)
Practice. Moscow, 2013. (In Russian)
Vedernikov A.N. The Constitutional Right of the Individual to Judicial Protection
in the Legislation and Judicial Practice of Russia: Monograph. Moscow, 2012. (In
Russian)

Information about the author

Lazarev V.V. (Moscow, Russia) – Doctor of Legal Sciences, Professor, Honored
Worker of Science of the Russian Federation, Chief Researcher of the Institute of Legislation
and Comparative Law under the Government of the Russian Federation (34 Bolshaya
Cheremushkinskaya St., Moscow, 117218, Russia; e-mail: [email protected]);

Fursov D.A. (Moscow, Russia) – Doctor of Legal Sciences, Professor of the Department
of Civil and Administrative Proceedings of the Russian State University of Justice
(69 Novocheryomushkinskaya St., Moscow, 117418, Russia; e-mail: [email protected]).

Recommended citation

Lazarev V.V., Fursov D.A. Justice and Life of Society. Herald of Civil Procedure,
2019, vol. 9, no. 3, p. 12–33. (In Russian). https://doi.org/10.24031/2226-0781-2019-
9-3-12-33

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V.V. LAZAREV, D.A. FURSOV