Аннотация: MMMCDLXVIII. A Solomon's verdict. An essay on the history of the formation in Russia the State governed by the rule of law. - March 20, 2024.
A Solomon's verdict. An essay on the history of the formation in Russia the State governed by the rule of law.
Due to the long-term my non-participation in an arbitration courts proceedings, I cannot say whether there is such a figure as an arbitration assessor now.
In the old days, I participated in arbitration processes (as representative of a side of a court proceeding), as well as in attempts to promote the establishment of the State governed by the rule of law in Russia.
(Arbitration Court (in Russia) is a permanent state body of state power that administers justice in the field of entrepreneurial and other economic activities).
At that time, there were two periodicals (not purely scientific) in Russia: the bulletin "Judicial Process" (at first, the bulletin "Tax Expert") (I was the (co)founder), and the newspaper "Press-kriminal yuga Rossii" (it seems, the Rostov Regional Court and/or the Judicial Department was in number of founders). (Perhaps there were others of similar periodicals? It would be nice to learn about them and to watch at them.)
Both periodicals (devoted to legal issues) were publishing in Rostov-on-Don.
The newspaper "Press-kriminal yuga Rossii" was supervised by one of the Deputy Chairmen of the Rostov Regional Court. This deputy chairman carried out the general management of the functioning (developing) of a new phenomenon for that time: the jury trial. A jury considers criminal cases. Respectively, the main topics of the "Press-kriminal yuga Rossii" were the issues of the formation of a jury trial and a variety of specific criminal cases.
At that time, if my memory serves me correctly, any citizen had the right of free, unhindered passage into the building of the Rostov regional court (people - on various issues - were streaming). There was a post of watchman at the entrance (inside the building). Any visitor had the opportunity to purchase the fresh issue of the "Press-kriminal yuga Rossii" from the watchman. Personally, I did so (many times), and I got acquainted with the materials of the (every) issue of newspaper with interest.
The newspaper was multi-page, of large format, with numerous photographs. There were probably about 10 employees in the newspaper's editorial office.
The bulletin "Judicial Process" was distributed free of charge, but a public was reading it with interest. The authors tried to cover three main topics: general issues of the judicial system, issues of arbitration and civil procedure law, and specific arbitration cases. One of the authors, a hereditary journalist (he was a nephew - if to believe him - of the pre-revolutionary editor of the Priazovsky Krai newspaper), when visiting various authorities, handed over (free of charge) copies of the bulletin, discussed legal topics if possible, and also fragmentally observed the reaction to the materials, published in the bulletin.
If to believe this man, then the bulletin "Judicial Process" was in a reading - with a great interest.
We were printing the bulletin on a laser printer on a standard A4 sheets, on both sides. The font seems to have been a size "6" (or "7").
In one of the issues of the bulletin, material was published on such a question of the judicial system as the participation of representatives of the people (of the public) in judicial proceedings.
We can recall the 'people's assessors' who participated in the work of the "people's courts" (courts of the first level). Such bodies, as the 'friendly courts' ("comrade's courts"), took place (in years of past). Jurors then (in the discribed period) attracted the interest of the public and of the media.
And how is such issue (the issue of the participation of representatives of the people (of the public) in judicial proceedings) resolved in arbitration courts?
We made some suggestions, - in the material, published in the bulletin (I don't remember the details).
At that time, the legislation on arbitration courts and arbitration procedural legislation were dynamically changing.
And at some point, a norm on arbitration assessors appeared in the legislation.
In a specific arbitration case, I decided to look at how this mechanism works.
Representatives of the legal (and business) community, of those included in the list of arbitration assessors, will add impartiality and commitment to the law during their participation in the consideration of a particular case. In addition, they themselves participate in real legal relations, such their experience (probably) will add fairness to a decision of a arbitration court.
The judge was surprised by our side's petition, but called the arbitration assessors (from those included in the list).
There should have been two arbitration assessors (according to the rules).
One of them I don't remember at all.
The second arbitration assessors (a woman) was a legal employee of a some large business public association. For some reason, I now remember that this association was located in a prestigious office in the center of Rostov-on-Don.
Why in the center of the city? Which office? What kind of association was it? - It is impossible to remember the details now.
But I remember her manners and her face.
It was probably impossible to convict her of stupidity.
Maybe she was connected (affiliated) in some way with the opposite party (side) of the court proceeding?
Or did she dislike our party (side)?
Or was it a habitual manner of her behavior?
It is difficult to give an unambiguous explanation.
A mask of ruthlessness was put on her face.
Some people from the districts of the Rostov region, perhaps, would have been afraid of this ruthlessness.
But the "figures from high level", as a rule, have no (or little) experience of participating in adversarial trials.
So, in some form she was shown that she was not such a big "navel of the Earth". Again, I don't remember the details.
After that, this arbitration assessor (this woman) stopped coming to court sessions, although she was obliged to do so by law.
Moreover, her behavior also was influencing the reputation of the business public association, of which she was an employee (on legal issues).
The judge was surprising, postponed court sessions (again and again), called the arbitration assessors, representatives of the parties, participants in the process.
One day, the court session started without both arbitration assessors.
The judge had a stern face. She opened the court session, listened to the parties (sides), and performed all necessary procedural actions.
The court session ended with the announcement of the verdict (solution).
After a while, our side received a court verdict (solution) with a seal and with one signature of the judge.
It was a verdict (solution) of the court of first instance.
None of the persons involved in the case appealed this verdict, and it entered into force (the verdict has become legally binding).
After observing the arbitration process with the participation of representatives of the people (the public) (arbitration assessors), I (in future) never felt the desire to participate in such a process.
But the jury trial, nevertheless, seems to me quite a reasonable public institution.
We did not cover the consideration of this arbitration case in the bulletin "Judicial Process", so I decided to describe this case now, after several decades.
It is pleasant to recall my own (personal) attempts to promote the establishment of a State governed by the rule of law.
March 20, 2024 13:39
Translation from Russian into English: March 20, 2024 21:52
Владимир Владимирович Залесский ' Соломоново решение. Очерк истории становления правового государства в России '.
{3497. Соломоново решение. Очерк истории становления правового государства в России. - 20 марта 2024 г.
MMMCDLXVIII. A Solomon's verdict. An essay on the history of the formation in Russia the State governed by the rule of law. - March 20, 2024.
Vladimir Zalessky Internet-bibliotheca. Интернет-библиотека Владимира Залесского. }