| Authors |
Ermolaev Konstantin Andreevich, Postgraduate student, Penza State University (40 Krasnaya street, Penza, Russia), E-mail: kayermolaev@mail.ru
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| Abstract |
Background. In modern Russia, the judicial reform is in full swing, designed to significantly optimize the judicial process and thereby make justice more accessible to everyone. For the effective functioning of the judiciary, it is necessary to create a system of bodies capable of promptly dealing with all types of productions.
At present, the burden on the courts of general jurisdiction is colossal, and this cannot but affect the stability of the judgments handed down. To significantly reduce this burden, it is necessary to establish specialized courts in the court system, especially in the general jurisdiction system, depending on the category of the case in question. In the opinion of the author, the refusal of such specialization will lead to an even greater overload of the judiciary, which will inevitably affect the work of the courts as a whole; the corresponding prerequisites for this are available. Today, Russia has already established a court on intellectual rights, which fully meets the characteristics of a specialized court. The author also argues that the newly established appellate and cassation courts should also be classified as specialized. In addition to the above, the author suggests creating a judicial body whose exclusive competence will be the consideration of disputes with the mandatory participation of foreign organizations.
Materials and methods. The article analyzes the main points of view of the scientists who investigated this problem and the problems adjacent to the one considered in this article.
Results. The author examined the views of scientists on the possibility of establishing specialized courts in Russia and supported the position on the need to work out the issue of establishing such courts. The relevant jurisprudence and practice of bodies that somehow facilitate the objective and full consideration of court cases, allows for a transition to specialization. Moreover, it already exists within the courts of general jurisdiction.
Conclusions. As a result of the initiated transition to specialized courts, it was possible to optimize the work of the judicial system, in particular, the system of arbitration courts, where the court for intellectual property rights was created. This significantly reduced the burden on arbitration courts. There is a need for a similar approach in the system of courts of general jurisdiction, since the category of complex cases under consideration is complicated, which requires not only extensive experience as a judge, but also possession of special knowledge and even specialist qualifications. It should be noted that such innovations will not lead to an unreasonable increase in the staffing capacity of judges and court staff, and will only reduce the burden on the judge by isolating specialized courts from courts of general jurisdiction, simplify court proceedings to a certain extent, which will ensure not only the timely processing of cases, but also the stability of court decisions.
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