The Russian judiciary and justice are built on individual principles and origins, which, firstly, are not peculiar to foreign legal systems and, secondly, are inseparable from the Russian state system and statehood. The prerequisites for the 2018 judicial reform were the need to modernize justice in terms of increasing its accessibility, openness, and efficiency. Judicial reform was preceded by major generalizations and analysis of law enforcement practice. The article analyzes two main directions of the 2018 judicial reform — the creation of extraterritorial cassation and appeal courts of general jurisdiction and the “procedural revolution”, which resulted in the introduction of the institution of “continuous cassation”, in particular, and the rethinking of the concept of the first cassation in general. A positive assessment was given to most of the innovations of the reform, which contributed to strengthening the independence of the Russian judiciary and provided additional guarantees of the right to judicial protection. At the same time, a number of shortcomings of the new regulation were noted, which require further improvement of legislation. It is important to consider and evaluate the results of the 2018 judicial reform in dynamics, taking into account the cumulative properties and qualities of implemented innovations in legislation. The established and developing judicial practice based on the updated legislation on judicial activity and the judicial system is a reliable indicator of the usefulness and sufficiency of the judicial reform that has taken place. A separate problem, but related to the organization and implementation of judicial reform, is the search for criteria for the effectiveness of justice. Modern techniques are required. Currently, the problem of the transition of the courts’ activities from a formal normative approach to taking into account the fundamental principles of justice and economic factors influencing the assessment of the circumstances of the case and the adoption of the final court decision is acute. In fact, we are talking about a more active introduction into justice of the application of the principles of law, evaluative concepts (good faith, reasonableness, abuse of law, etc.), as well as the methodology of economic analysis of the legal relations of the parties and the consequences of court decisions, the obligation of the court to make not only legitimate, but also fair and economically sound decisions.
Viktor Momotov (Wed,) studied this question.