What is the judiciary? This is an integral part of state power, designed to clarify the rules of state law, to compare the adopted laws with the current legislation of the state.
The judiciary in many countries of the world has significantly fewer opportunities than the legislature. Many lawyers consider the political structure of American society to be a role model in balancing the various components of jurisprudence.
General concept of legal term
What is the judiciary? First of all, it is the Supreme Court. He is entitled to consider cases:
- On litigation between the territories of the country.
- Affecting federal issues in complaints of citizens and various organizations against court orders of lower courts.
- On violations committed by foreign ambassadors.
- On the abolition of decisions of courts of all instances that apply documents that are contrary to the articles of the main law of the state.
The next stage of the judicial system is the regional and appeal courts, as well as special ones.
The Supreme Court in the system is followed by an appeal. Geographically, each of them has its own number and consists of several judges. The chairman of the body is the one who has more experience (not older than the age of 70 years). The composition of the judges must include a representative of the Supreme Court. These bodies consider appeals against decisions of regional courts and decisions of administrative authorities.
Each region is divided into areas that have their own judiciary. They may consider:
- Federal criminal cases and civil lawsuits.
- Complaints about the actions of local administrations of various organizations and citizens.
In regional courts there are additional bodies that deal with bankruptcy issues.
The structure of state power in our country
Power in the Russian Federation by function is divided into independent parts: legislative, executive and judicial state power.
Legislative initiatives are introduced and adopted by the President of the Russian Federation and deputies, government bodies implement the adopted acts, and the judicial system administers justice and oversees the implementation of laws by all members of the society and state entities.
Observance of balance and unity in the state structure
The components of power in our country are mutually balanced. The connection from the legislative through the executive to the judiciary can be seen in the duties of the judiciary to observe the “letter of the law”. In a certain normative order, their appointment to posts in the courts should be carried out, and in the right to recognize the provisions of the introduced and existing legislative and regulatory acts as not subject to application if they contradict the articles of the Constitution.
Courts are independent in passing sentences and decisions, which are required to be carried out by executive bodies of different levels. If, in the performance of their duties, officials and officials of authorities in relation to citizens commit violations, they may assert their rights in a judicial dispute. This order of interaction between parts of state power does not allow one to dominate and strengthens the rule of law.
Structure and Tasks
What is the judiciary in Russia? By definition of the main law of the state, it is completely independent and is implemented only by courts that apply legal norms in the following types of court proceedings:
- Constitutional.
- Criminal.
- Administrative.
- Civil.
The judiciary in the Russian Federation is based on general principles:
- Legislative consolidation of structure and functions in the basic and constitutional laws.
- The rules for conducting a court session established by law are binding on all judicial authorities.
- Court decisions that have entered into force are binding throughout the state.
- The immunity of judges of all levels is enshrined in law, they are irremovable.
- The content of judges comes exclusively from the federal budget.
Vertical judicial system of the country
The functions of the judiciary in Russia are carried out by the following courts:
- Constitutional.
- Supreme.
- Supreme Arbitration.
- Disciplinary judicial presence.
In addition, there are the following judicial authorities in the Russian Federation: -
- Magistrates' Courts (general jurisdiction).
- Arbitration.
Constitutional Court
He is responsible for cases on the conformity of the articles of the basic law of the country:
- Introduced legislative normative acts and laws of the Federation.
- Constitution, laws and adopted acts of the subjects of Russia affecting work with government bodies.
- Concluded agreements of state bodies with the subjects of the country and territorial entities among themselves.
- Not entered into force international treaties of our country.
Considers the Constitutional Court and controversial issues regarding the distribution of power between:
- The governing bodies of the Federation.
- The governing bodies of the Federation and the subjects of the country.
- The highest governing bodies of the country's constituent entities.
This activity allows the executive and judicial authorities to interact with each other in matters of public administration.
Consideration of requests in the work of constitutional judges
The Constitutional Court considers:
- Requests of courts of all instances and complaints of citizens of the country regarding the infringement of the rights and freedoms guaranteed by the basic law as a result of the application of laws when considering specific cases.
- Requests from the country's leadership and management structures to clarify the articles of the Russian Constitution.
- Requests of the Federation Council to verify the correctness of the procedure for indictment of treason against the state interests or of committing other serious crimes to the President of the Russian Federation.
International treaties, legislative, normative acts, certain provisions of documents recognized by the decision of the Constitutional Court as inconsistent with the basic law of the country cannot be applied and do not enter into force.
The formation of the Supreme Court and its tasks
The Supreme Judges are appointed by the Federation Council (candidates are represented by the President of the country). The Department of the Supreme Court manages general business matters. The issue of dismissal of judges is the task of the qualification board, consisting of representatives of regional courts and the Supreme Court of the country.
This body has the following powers:
- Consider appeals against decisions of courts of all instances.
- Exercise oversight of the activities of all courts.
- Explain controversial issues encountered in the practice of legal proceedings.
In the subjects of the country, their own Supreme Courts are formed, which oversee the activities of subordinate courts and consider cases if they are reopened due to new circumstances.
World Courts (General Jurisdiction) - First Instance
These bodies consider the following cases:
- About crimes committed by citizens.
- On violations of the law of an administrative nature.
- On violation of civil rights.
- Cases on disputes of citizens (labor, family, civil and so on).
- Complaints of citizens against representatives of various authorities.
At the level of subjects of the country, justices of the peace are appointed or elected.
In the Ministry of Justice of the Russian Federation, executive bodies implement enforcement measures of the judicial authorities.
Activities and tasks of arbitration courts
The arbitration courts resolve economic disputes between business entities and entrepreneurs among themselves.
The arbitration shall separately consider:
- Disputes of the economic nature of the state and the subjects of the country or entities among themselves.
- The facts of the economic activity of organizations that are significant when their activity arises, changes, and ceases.
- Bankruptcy issues of enterprises and citizens.
The decisions of the arbitral tribunal cannot be appealed and take effect immediately, unless a specific time limit is set.
Arbitration Courts
These are arbitration institutions that assist the parties to an economic conflict in forming the composition of arbitrators or one judge to make decisions on disputes between themselves:
- Legal entities.
- Legal entities and citizens.
- Citizens.
The parties in the process of considering the case cite their evidence, the judge determines on the basis of the law the rightness of the parties and offers them to conclude an arbitration agreement.
Arbitration courts are prohibited from being established under the governing bodies of the subjects of Russia. Decisions made by them are voluntarily reported to the territorial arbitration courts for their assistance in the implementation of the execution and may be appealed by one of the parties in case of violations of the process or mistakes made.
To resolve the dispute in a particular situation, the parties may form a temporary arbitration court. The lawyer and the composition of the participants are selected independently on the basis of a written agreement (contract). The court can start work only if there is an arbitration record signed by both parties, in which the parties stipulate the proceedings and additional conditions. It is an integral part of the agreement (contract). At the end of the proceedings and the adoption of the decision, the powers of the court cease.
What is justice?
The judicial authorities are called upon to administer justice, which consists in the following:
- Consideration and resolution of cases in the prescribed manner on issues of competence of the court.
- Legal application of measures of state coercion to those guilty of an offense.
- Strengthening the belief in the justice of state laws by acquitting innocent citizens.
- Preventive prevention of possible violations of the law.
- Protection of the constitutional system, interests and rights of the state, society, organizations and citizens of the country.
Signs of justice
It is made exclusively by the court. Its distinctive features:
- It is carried out within the framework of established forms of legal proceedings.
- The rule of law is the foundation of the judiciary.
- Judge independence in decision making.
- Strict regulation of judicial procedures.
- The application of coercive measures against violators of the law.
The prosecutor's office is an integral part of the judicial system
The functions of oversight of compliance with the law (exactly and uniformly) by state and law enforcement agencies, organizations of all types of ownership, officials and citizens (including foreigners) are assigned to the prosecution authorities. The President of the country nominates the Prosecutor General and his deputies to the Federation Council for approval and appointment.
By the Decree of the President of the Russian Federation, candidates nominated by the Prosecutor General in agreement with the legislators of this territorial subject are appointed to the posts of prosecutors of the country's subjects, regions and districts. The President of our state has the right to dismiss the prosecutors appointed by him.
The Prosecutor General of the Russian Federation appoints employees to the posts of the prosecutor's office in cities, districts and equivalent entities, and also relieves them from these posts.
Legislative, executive and judicial authorities interact in matters of controlling the activities of governing bodies at various levels of government in the country. The prosecution authorities verify the legality and validity of:
- The actions of state bodies in the investigation of crimes.
- The actions of employers and their representatives in relation to employees in the implementation of labor relations.
- The actions of officials of various bodies when citizens contact them on various issues of their competence.
- Temporary detention by law enforcement authorities of citizens suspected of committing offenses.
- Restrictions on the rights of citizens (guaranteed by the basic law) as a result of measures taken by the investigation.
- Termination of criminal cases.
Control functions of ships
Ways of control by the judicial authorities of compliance with the rule of law in state and municipal government:
- Checking legal administrative acts in cases for compliance with the law in the activities of managers and employees of organizations.
- Verification of the correctness and completeness of investigative actions when considering cases of criminal offenses.
- Consideration of appeals of organizations of various types of ownership and citizens against decisions of heads and employees of governing bodies that violate freedoms and rights guaranteed by the basic law.
- Consideration of protests and complaints of organizations and citizens on administrative decisions of authorities.
- Consideration of protests and complaints about the recognition of illegal application of legal acts of managerial activity.
In addition to these items, the judiciary controls:
- Enforcement of legislative changes introduced by the Supreme Court of Russia.
- Issues that clarify the provisions of laws in the course of litigation.
- Analysis and decision-making by subordinate courts in cases of administrative violations.
- The process of enforcement of court decisions and sentences.
How to terminate the powers of judges
There is a special body - the Disciplinary Judicial Presence. He is authorized to resolve cases of judicial complaints against decisions of the qualification colleges on the early termination of powers of those judges who have committed violations.
What is the judiciary? The answer to this question is unequivocal - this is one of the parts of state power, based on the rule of law in society.