• Elizaveta Abramova Study


The given article raises the problem of mechanisms which could be used to achieve the independence of the judiciary in present-day Russia. The article offers a case study of magistrates (or justices of the peace) in Moscow: the order of their appointment and the specifics of their work are analyzed. The author conducted an independent sociological study among different age and professional groups and drew conclusions based on it. It is proposed to move to the electivity of magistrates, and the voters can become residents of the relevant judicial district. It is also proposed to raise the age of justices of the peace from 25 to 40 years and increase the number of justices of the peace, dividing them by specialization (civil, family, administrative, etc. disputes). These proposals can contribute to building a model of deliberative democracy in Russia, in which a civil society with a developed sense of justice is the most important factor in achieving the independence of the judiciary


Justices of the peace are promised life sentences. In: Kommersant, Moscow, N 35, 27.02.2019 Available at Accessed on: 15 jan. 2021.
Government Decree of December 27. 2012 No. 1406, Collected Legislation of the Russian Federation. January 7, 2013, N 1, Art. 13.

Basic Principles on the Independence of the Judiciary Adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders held at Milan from 26 August to 6 September 1985 and endorsed by General Assembly resolutions 40/32 of 29 November 1985 and 40/146 of 13 December 1985. Available at Accessed on: 15 jan. 2021.

There is pressure on judges, and this is bad - Interview of the Chairman of the Supreme Court of the Russian Federation V.M. Lebedev, Available at Accessed on: 15 jan. 2021.

Federal Law of December 17, 1998 N 188-FZ "On Justices of the Peace in the Russian Federation", Collected Legislation of the Russian Federation. December 21, 1998, N 51, Art. 6270.

Conclusion of the Consultative Council of European Judges for the Committee of Ministers of the Council of Europe N 18 (2015) "The state of the judicial system and its interaction with other branches of government in a modern democratic state". In: Bulletin of the European Court of Human Rights. Russian edition. N 12, 2016.

DIKOVA, I.V. The independence of the judiciary: a modern view. In: Siberian Legal Review, Irkutsk, N 3, July-September 2019.

LEBEDEV, V.M. Guarantees of the independence of the judiciary in the Russian Federation: concept, history of formation and the current state. In: Journal of Russian Law, Moscow, N 11, November 2019.

MAMONTOV, A.G. Independence and legality of a modern court: myth and reality. In: History of State and Law, Moscow, N 11, 2012.

CONCI, ARCARO Luiz Guilherme (Ed.). Crise das democracias liberais Perspectivas para os direitos fundamentais e a separação de Poderes. Sao Paolo: Editora Lumen Juris, 2019.

Constitution of the Russian Federation Available at Accessed on 11 jan. 2021.

CRIADO de Diego, M. Sobre el concepto de representación política: lineamientos para un estudio de las transformaciones de la democracia representativa. In: Revista Derecho del Estado, 28, jun. 2012.

GASTL, J.; LEVINE, P. Deliberative Democracy Handbook. Strategies for Effective Civic Engagement in the 21st Century / ed. by John Gastl and Peter Levine. San Francisco, 2005.
PAVLOVA, T.V. Deliberation as a factor in the constitution of the field of modern politics. In: Political Science, Moscow, N 2, 2018.

PRZEWORSKI, A. Crises of Democracy. Cambridge: Cambridge University Press, 2019.
Como Citar
Abramova, E. (2021). IS THE INDEPENDENCE OF THE JUDICIARY ACHIEVABLE? (CASE STUDY OF MAGISTRATES IN MOSCOW, RUSSIA). Revista Da Faculdade De Direito De São Bernardo Do Campo, 27(1), 8. Recuperado de