State and municipal administration. The concept of judicial power in the Russian Federation (the most important)

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State and municipal administration. The concept of judicial power in the Russian Federation (the most important)

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22. The concept of the judiciary in the Russian Federation

The Constitution of the Russian Federation classifies the judiciary as an independent branch of state power (Article 10 of the Constitution of the Russian Federation).

In accordance with Part 1 of Art. 118 of the Constitution of the Russian Federation justice (a special type of legal activity assigned to the judiciary and carried out by it) in the Russian Federation is carried out only by the court. It follows from this that in Russia there are no and cannot be other bodies administering justice, and various quasi-judicial bodies do not administer justice. The Constitution of the Russian Federation also prohibits the creation of emergency courts.

The judicial system includes the following courts:

1) the Constitutional Court of the Russian Federation, the constitutional (charter) court of a constituent entity of the Russian Federation;

2) court of general jurisdiction (justice of the peace, district court, supreme court of the republic, regional, regional, district court, military court, Supreme Court of the Russian Federation);

3) arbitration court (subject of the Russian Federation, appellate, district, Supreme Arbitration Court of the Russian Federation);

4) arbitration court.

The judicial system of Russia is enshrined in the federal constitutional law "On the judicial system of the Russian Federation". If the Russian Federation recognizes the jurisdiction of any international judicial body (in particular, the European Court of Human Rights), then its decisions are binding on Russia.

In accordance with Part 2 of Art. 118 of the Constitution of the Russian Federation, judicial power is exercised through constitutional, civil, administrative and criminal proceedings. At the same time, administrative legal proceedings are not organizationally formalized consistently: in the judicial system of the Russian Federation there is still no independent subsystem of administrative courts (their creation is a matter of ongoing judicial reform), and administrative disputes (cases of administrative legal relations) are considered by courts of general jurisdiction and arbitration courts (in the subsystem Arbitration courts created special administrative boards).

Unlike the legislative and executive authorities, the bearer of judicial power is not any judicial body, but a specific judicial composition (judicial board) or a judge alone, who act on behalf of the state.

Legislation provides for rather high requirements for the holders of a judicial mantle (compared to the requirements for persons filling a deputy mandate or a position in the executive branch). General constitutional provisions are detailed in the Law of the Russian Federation of June 26, 1992 No. 3132-I "On the Status of Judges in the Russian Federation". Justice in the Russian Federation, regardless of the type of legal proceedings, the judicial body is carried out on the basis of general constitutional principlesdeveloped in special and procedural legislation.

Author: Konstantin Sibikeev

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