Путеводная звезда

Abstract

The article is dedicated to the memory of the great scientist Vladimir Alexandrovich Tumanov, who was able to explain very simply the meaning of the Convention and the role of the European Court of Justice, thereby drawing the attention of scientists, practitioners and legislators to fundamental concepts.: the independence and impartiality of the court, abuse of the right and the right to appeal to the court, reasonable time to consider the case, access to justice and the law itself, fair trial. The article shows only a small part of scientific research, in which the theoretical basis includes the work of V.A. Tumanov. The article does not aim to resolve or substantiate the problems outlined in detail, it simply draws attention to issues that seem significant and require further development. This refers to the abuse of a right, which, in relation to the process, is the use of a right not in accordance with its purpose. It is shown that, from the point of view of criteria for the independence of the court, there are still problems regarding the appointment of justices of the peace. Attention is drawn to the negligence of legal technique in determining the grounds for challenging a judge. The breadth and constant development of justice as the basis of all judicial activity are noted. A possible addition to the criteria for the reasonableness of time limits based on the legal positions of the European Court is proposed. The importance of competition and a new look at its content are shown. The question was raised about the need to improve the civil procedure. And we owe all this to Vladimir Alexandrovich.