The subject of research in this article is the legislative initiative of the Supreme Court of the Russian Federation, which involves the modification of legislation on the judicial system and legislation on civil procedure (civil procedure, administrative proceedings) in order to improve the system of cassation appeal and revision of acts of world justice.
The purpose of the work is a critical analysis of the arguments of the opponents of the reform proposed by the Supreme Court of the Russian Federation.
The dialectical method of cognition is used as the methodological basis in the study. The method of system analysis, formal-logical, formal-legal analysis, as well as the method of legal positivism in its statist version are also used.
The empirical basis of the work was made up of: norms of civil procedure legislation, norms of legislation on administrative proceedings, acts of the Supreme Court of the Russian Federation, acts of the State Duma of the Federal Assembly of the Russian Federation, works and speeches by domestic legal scholars, as well as speeches by practicing lawyers on the issues under study.
The paper formulates the following conclusions.
The probability of negative consequences, which the opponents of the reform are talking about, is vanishingly low. There are no prerequisites for reducing the level of guarantees of the right of citizens and organizations to judicial protection, their right to a fair trial. The draft law proposed by the Supreme Court of the Russian Federation, on the contrary, suggests expanding the possibilities for cassation appeal of acts of magistrates.