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JUSTICE AND LIFE OF SOCIETY

PROBLEMS OF CIVIL PROCEDURE


V.V. LAZAREV, D.A. FURSOV

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.

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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: office@izak.ru);

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: lawf@rgup.ru).

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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