Evolution of the Concept «Res Judicata» in Russian Law .
Abstract
The paper explains issues related to the history of the emergence of res judicata (prejudice). A retrospective analysis of the institution of res judicata, starting from Ancient Rome, according to the authors, allows us to answer the question of the need for the institution of administrative prejudice. The authors consider the issues of functioning of the legal institution of administrative prejudice. They examine the content of the categorical apparatus in its evolution. The paper also examines the issue related to the intersectoral nature of prejudice and the essence of prejudice and its place in the Russian legal system in our time. The authors touch upon the issue related to the existence of prejudice in sentences handed down taking into account the procedure of a shortened inquiry. The analysis of the procedure of the shortened inquiry is carried out, the problems of the procedure of the shortened inquiry are considered. Today there is no unambiguous opinion when answering the question related to the admissibility of the verification of a decision made earlier by another court. There is also no unambiguous answer to the question related to the prejudicality of a court decision in a civil case and its competition with expertise in criminal proceedings. The authors provide their position regarding the existence of prejudice in the system of Russian law and carry out the analysis of normative legal acts containing provisions concerning the prejudice. The authors believe that the study of the feasibility of the existence of the institution of prejudice and the evolution of this concept is of practical importance in legal training.
About the Authors
E. F. ShamsumovaRussian Federation
Emma F. Shamsumova, Cand. Sci. (Law), Associate Professor, Department of History
of the State and Law
21, Komsomolskaya St., Yekaterinburg 620137
S. A. Smirnov
Russian Federation
Sergei A. Smirnov, Student
21, Komsomolskaya St., Yekaterinburg 620137
References
1. Goreshtein VO, Grabar-Passek ME. Mark Tullius Cicero. Speeches in two volumes. Volume 1 (81–63 BC). Moscow: Publishing House of the USSR Academy of Sciences; 1962. (In Russ.).
2. Iskanderov R. On the prejudicial meaning of the sentence. Sovietskaya justitsija. 1990;22:21. (In Russ.).
3. Kovtun EV. Excitement in the Land of the Soviets: in 3 vol. Vol. 1: Gambling. Moscow; 2012. (In Russ.).
4. Kuznetsova NF. Problems of crime qualification: Lectures on the special course «Fundamentals of crime qualification. Moscow; 2007. (In Russ.).
5. Lopashenko NA. There is no administrative prejudice in criminal law! Bulletin of the Academy of the Prosecutor General’s Office of the Russian Federation. 2011;3(23):64-71. (In Russ.).
6. Malkov VP. Administrative prejudice: pros and cons. Bulletin of the Academy of the Prosecutor General’s Office of the Russian Federation. 2011;3(23):58-64. (In Russ.).
7. Mark Fabius Quintilian twelve books of Rhetorical instructions. Part 1. St. Petersburg: Imperial Russian Academy Publishing House; 1834. (In Russ.).
8. Sluchevsky VK. Textbook of the Russian criminal process. Criminal judicial proceedings in the School of Jurisprudence. General Prosecutor’s Office. The Senate. Issue 1 2 Judicial system. St. Petersburg: Stasyulevich Publishing House; 1891. (In Russ.).
9. Spasovich VD. Textbook of Criminal Law. Vol. 1. Issue 1. St. Petersburg: Iosophat Ogrizko Publishing House; 1863. (In Russ.).
10. Strogovich MS. The doctrine of material truth in criminal proceedings. Moscow: Publishing House of the Academy of Sciences of the USSR, 1947. (In Russ.).
11. Tagantsev NS. On the repetition of crimes: A study by N.S. Tagantsev. Journal of the Ministry of Justice. St. Petersburg: printing House of the Governing Senate, 1867. (In Russ.).
12. Brockhaus and Efron Encyclopedic Dictionary. Vol. 25. St. Petersburg: Efron Publ.; 1898. (In Russ.).
Review
For citations:
Shamsumova E.F., Smirnov S.A. Evolution of the Concept «Res Judicata» in Russian Law . Russian Law Online. 2023;(3):37-43. (In Russ.)