Вестник Кемеровского государственного университета. Серия: гуманитарные и общественные науки (May 2024)
Modern Trends in Determining the Jurisdiction of Disputes
Abstract
Since 2018, the term jurisdiction cannot be applied to civil proceedings as the legislator found it outdated after the single Supreme Court had been introduced. In fact, this term has never been mentioned in the Constitution of the Russian Federation. However, the phenomenon designated by the term cannot be removed from the doctrine and judicial practice for the following reasons. First, the rules of jurisdiction distribute cases between judicial and non-judicial bodies. Second, they make it possible to identify cases of a non-legal nature that cannot claim state protection. The law of 2018 had some positive consequences. Now, the refusal procedure is less complicated. Non-judicial cases can be easily transferred under proper jurisdiction where they will be considered according to a different type of legal proceedings. As for the negative consequences, it seems that the legislator interpreted jurisdiction only as the distribution of cases between different courts and substituted the term subject matter jurisdiction with court jurisdiction. The author criticizes this narrow approach and highlights two urgent issues: 1) not every case has to go to court; 2) digital technologies are important in legal proceedings. These trends can optimize judicial competence, as well as create new rules of court jurisdiction without violating the constitutional right to judicial protection. The article describes the rules of jurisdiction and their improvement, as well as determines the place of jurisdiction among other procedural institutions and introduces some ways to reform the subordination of civil cases to courts of civil jurisdiction. Jurisdiction has an intersectoral nature and is a way of distributing cases between judicial and non-judicial bodies. A combination of standard scientific methods with the formal-legal analysis made it possible to identify the following development directions. 1) Non-judicial cases need proper criteria. 2) New information technologies should enter the judicial system to update the court procedure, e.g., minor cases could be reviewed in court exclusively as an electronic procedure.
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