Assessing the Role of the Justice-of-the-Peace Courts in the Russian Judicial System

Assessing the Role of the Justice-of-the-Peace Courts in the Russian Judicial System Justice-of-the-peace courts (JP courts) have been in operation for ten years in Russia. The article assesses the extent to which they have fulfilled the original policy goals of diverting mundane cases away from the raionnye (district) courts and making the legal system more accessible to ordinary citizens. Policy makers have repeatedly tinkered with their jurisdictional parameters in order to find a proper dividing point between the JP courts and the district courts. The caseload data document that the JP courts now handle almost all first-instance administrative cases, as well as about three-quarters of all civil cases. Their role in criminal justice is more constrained. Their success in processing huge numbers of cases is facilitated by the use of “judicial orders” ( sudebnye prikazy ) in many civil cases, and by the use of a type of plea bargaining ( osoboe proizvodstvo ) in criminal cases. Each of these procedural mechanisms obviates the need for a full hearing on the merits. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Review of Central and East European Law Brill

Assessing the Role of the Justice-of-the-Peace Courts in the Russian Judicial System

Review of Central and East European Law, Volume 37 (4): 377 – Jan 1, 2012

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Publisher
Brill
Copyright
Copyright 2012 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0925-9880
eISSN
1573-0352
DOI
10.1163/092598812X13274154886980
Publisher site
See Article on Publisher Site

Abstract

Justice-of-the-peace courts (JP courts) have been in operation for ten years in Russia. The article assesses the extent to which they have fulfilled the original policy goals of diverting mundane cases away from the raionnye (district) courts and making the legal system more accessible to ordinary citizens. Policy makers have repeatedly tinkered with their jurisdictional parameters in order to find a proper dividing point between the JP courts and the district courts. The caseload data document that the JP courts now handle almost all first-instance administrative cases, as well as about three-quarters of all civil cases. Their role in criminal justice is more constrained. Their success in processing huge numbers of cases is facilitated by the use of “judicial orders” ( sudebnye prikazy ) in many civil cases, and by the use of a type of plea bargaining ( osoboe proizvodstvo ) in criminal cases. Each of these procedural mechanisms obviates the need for a full hearing on the merits.

Journal

Review of Central and East European LawBrill

Published: Jan 1, 2012

Keywords: access to justice; courts; judicial reform; judicial selection

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