Constitutional principles of the judiciary

What are the principles of the judiciary? To understand this, it is necessary to study the material presented.

In the Russian Federation, as in other countries of the world, there is a judicial power. The court is the body that administers justice. It is carried out in the form of consideration and decision of administrative, criminal, civil and many other cases. And all this is in a strictly established procedural order. The court has a special position in the system of the Russian state mechanism. It is established in the manner not only established by Federal law, but also the Constitution of Russia. It is autonomous and independent of other bodies.

Branch

Since the Russian Federation is a legal state, there is a principle of separation of powers:

• legislative;
• executive;
• judicial.

The legislative power is supreme. Since it is intended to reflect the sovereignty and will of society. This power includes two chambers:

1. Council of the Federation. It consists of representatives from Russian regions. Responsibilities include approving amended borders between various constituent entities of the Russian Federation, appointing judges of the Supreme and Constitutional Courts, the Prosecutor General, and his deputies.
2. The State Duma. Her powers consist in declaring an amnesty, appointing a representative of the Central Bank, as well as adopting federal laws.

The executive branch is the Government of the Russian Federation. His work includes the development and enforcement of the federal budget, state property management. In addition, the Government is responsible for ensuring:

• credit;
• cash;
• environmental;
• financial;
• educational;
• cultural;
• science policy.

Issues of external and internal defense of the state are also included in the responsibilities of the executive. The judiciary in the state acts as a guarantor of the protection of violated rights. Justice and adequacy in punishing all those guilty is a slogan of legal proceedings. The Constitution contains all the important provisions that relate to the status of judges. They are independent, non-removable and have immunity status. The fundamental law also states that the principles of the judiciary are adversarial and equality parties. They also include openness.

Constitutional principles of the judiciary

The main ones include:

1. Legality. It is based on strict observance and enforcement of the Constitution, Federal and other laws. It is a fundamental beginning for the activities of the judiciary. The principle presupposes only those legal acts that do not contradict the norms of legal force. It is worth noting that for justice this condition is to some extent basic (universal), since the system itself is connected with the subordination of the law.
2. Justice in our country is carried out only by the court. Part 1 of Article 118 of the Constitution of the Russian Federation states that only the court has the right to administer justice. This is also indicated by part 1 of article 1 of the Federal Law on the Judicial System of the Russian Federation.
3. Equality of citizens before the court and the law. This principle is basic in a state of law. It means that the application of the law is uniform for all persons, without any division (according to property, religious, national or other discriminatory grounds). The order cannot be changed, starting from the one who acts as the subject of legal proceedings.
4. The independence of the courts and judges. Article 120 of the Constitution of the Russian Federation states that in our country judges exercise their powers independently.
5. Presumption of innocence. The guilt of the alleged offender can only be proved in court. No one has the right to blame him until the court passes a sentence.

The principles of the judiciary in the Russian Federation (Russian Federation) are enshrined in the Constitution. They must be observed.

Special principles

Every citizen has the right to a jury trial. They will decide whether the accused is guilty or not. Special principles also include:

• the right to free legal assistance;
• the right to use the assistance of a lawyer from the moment of arrest or detention;
• no one can be convicted repeatedly for the same crime.

The principles of judicial organization are structured so as not to infringe on the rights of citizens. They relate not only to criminal proceedings, but also to civil cases.

General principles

The principles are divided into two groups. The first is general, the second is special or special. The principles of the judiciary are enshrined not only in the Constitution of the Russian Federation, but also in sectoral procedural legislation, as well as in the Universal Declaration of Human Rights. Common include:

1. Constitutionality and legality.
2. The principle of independence and independence.
3. State financing.
4. The principle of federalism.
5. Unity.

The principles of the judiciary are fundamental. Which are enshrined in the rule of law, where the corresponding branch is based and operates. Thanks to this, not only the essence is determined, but also the purpose of the judiciary.

Judicial authorities

The judiciary is a collection of bodies that form the judicial system. It was established by the Constitution and the Federal Law of 12/31/1996. The principles of the judiciary are the inadmissibility of the creation of extraordinary courts, the unity of the system, the implementation of office work through civil, constitutional, criminal and administrative law.

In the Russian Federation, federal, constitutional and magistrate courts operate. The federal ones include: the Constitutional Court, the Supreme Court, regional, provincial, district, military and specialized courts. The courts of the constituent entities of the Russian Federation include: justices of the peace, general jurisdictions are constitutional (charter) courts. All this is spelled out in the Constitution and the Federal Law of the Russian Federation.

The principles of the judiciary are the inadmissibility of creating extraordinary courts, the unity of the judiciary, and the exercise of judicial power through civil, constitutional, criminal and administrative proceedings.

Power sharing

Another topic that is important for understanding the material. Not many earlier we considered in the article the principles of separation of powers. The judiciary is the supreme branch, it performs the functions of constitutional review. This mechanism is the protection of regulations. A characteristic feature is independence and autonomy. Bodies exercise their powers only in the execution of procedural and procedural rules. Not many earlier we considered the principles of power in our article. Other branches of government (executive and legislative) are more related to the state system. The characteristic of the branches of power contains the following provisions:

• fixed in the basic law;
• authorities are provided by a different body (one person cannot exercise the powers of several types of management at the same time);
• Three types of management are equal and autonomous.

Justice

One of the main principles of the judiciary is justice. But it also differs in a number of specific features that are important for the judiciary. It is carried out only on behalf of the state (by special state bodies). Considering a case exclusively in court hearings.Considers and resolves various social conflicts that are directly related to alleged violations of the rule of law.

Justice is based mainly on democratic principles that reflect the essence of the rule of law. When justice is administered only by the court, this gives one hundred percent guarantee that the rights and legitimate interests of citizens will be considered correctly.

Branches of the judiciary

It is worth noting the fact that the system is single and indivisible, but conditionally it can be divided into:

1. Constitutional justice.
2. General justice.
3. Arbitration justice.

Constitutional justice includes the activities of the judiciary in the consideration of such cases, the subject of which is the state-legal issue. Associated directly with the supremacy of the Constitution, as well as its implementation. General justice is a type of law enforcement and law enforcement state activity. As a result of which power is manifested. Arbitration justice is the activity of arbitration courts in resolving cases that fall within their competence, which are directly related to procedural legislation.

Background Principles

For judicial authorities are:

1. Respect for the rights and freedoms of not only a citizen of Russia, but also a person who does not have citizenship.
2. The principle of binding judgments. This means that a decision must follow for each trial.
3. The principle of the state (national) language in court.
4. Witness immunity.
5. Dispositiveness of legal proceedings.
6. The principle of citizen participation in the administration of justice.
7. Protection and privacy, as well as home, family and personal secrets.
8. Providing victims with the right to access to justice, as well as redress.
9. The principle of inadmissibility to use the evidence that was obtained as a result of violation of the current law.
10. Appeal of decisions or actions of state bodies. Citizens also have the opportunity to file a review of the sentence. Only this case will be dealt with by a higher court.

Summary

Based on the foregoing, I would like to once again note the fact that the principles of the judiciary form a single system of justice. They are aimed only at establishing truth. The power is very different from other branches, but still interacts with them. The court acts as a guarantor of the balance between the branches of government. In other words, it is a kind of intermediary. But its principles are closely related to the rights and interests of citizens. Therefore, they are also prescribed in the Constitution of the Russian Federation.