For quite a long time, the problem of the competent structure of state power, as well as its organs, has been urgent. And many experts in this field agree that it is necessary by any means to avoid concentration of power in the hands of one person. Otherwise, abuse and arbitrariness will be only a matter of time. This principle is also used in Russia, where the various components of the state administration apparatus are delimited.
The bodies of the judicial community are one of the instruments for regulating legal relations in the country. The existence of this branch of government is mandatory, since a full-fledged state cannot exist without competent justice.
Judicial community
This term is used to describe structured associations of judges who are the direct carriers of power. However, they cannot be characterized as trade unions or voluntary associations of citizens. Membership in such a structure is determined not by free decision, but by judicial authority, and this happens, accordingly, automatically. In turn, this fact means that, with rare exceptions, as soon as a particular citizen who served as a judge resigns, he is expelled from the community.
The structure of such a structure includes all judges, regardless of type of specialization and level. Membership is retained if resignation or removal from office were honorable.
It is worth noting that the use of such a participation system makes the judicial community unique in its structure.
The principle of selectivity and key tasks
The basis for the implementation of this principle and the choice of heads of community bodies is the legislation of Russia. Key persons make all decisions, observing the conditions of publicity and strictly following the principles of non-interference in the judicial system, as well as the independence of the judges themselves.
If we turn to federal legislation, we can distinguish the following goals that the judicial community should use as a guide:
- protection of legitimate interests and rights of judges;
- assistance in improving the judicial process and the judicial system as a whole;
- ensuring the necessary conditions and control for judges to fulfill the requirements that the Code of Ethics imposes on them;
As auxiliary tasks for which the powers of the judicial community should be used, it is possible to determine the protection of judges, the solution of personnel issues and the provision of state funding for this branch of government. As you can see, work in this area is at a level worthy of respect, and the quality of key process management continues to grow.
What is the structure itself
Naturally, in order for the concept of bodies of the judicial community to reveal all the facets of its actual and sometimes complex functioning, it is necessary to study the components of this structure. So, we are talking about the following elements:
- VKKS of the Russian Federation;
- All-Russian Congress of Judges (aka the main organ of the community);
- Council of Judges
- Councils of judges of the Federation.
- It is also necessary to include the Higher Examination Commission, which is necessary for taking the qualification exam for all who apply for the position of judge, to this list.
It should be noted that this list is not exhaustive.If we analyze the real activities of the community, then some of the courts of the Russian Federation (the Supreme Arbitration, Constitutional, etc.) formed additional councils whose purpose is to resolve current issues related to the independent judiciary.
Council of Judges of the Russian Federation
This community body is worth considering separately, as it is involved in a number of important tasks. The council is formed by the congress of judges, and its activities are clearly regulated by law.
This community element is required to perform the following functions:
- careful and competent study of the work of various organs of the community and the subsequent generalization of such experience, as well as its dissemination;
- selection of specific candidates to the Higher Qualification Collegium (this occurs between congresses);
- official approval of a particular candidate who is applying for such a position as the Director General of the Judicial Department (the same level of participation is maintained when he is removed from this position);
- Hearing the director’s reports that are directly related to providing the judiciary with both the necessary resources and staff.
The Council of Judges of the Russian Federation may also be involved in the exercise of other powers that are relevant to it, within the framework of the current legislation. This may be, for example, the development of the federal budget in the part regarding the financing of the judicial system.
There is another important mission assigned to the council. We are talking about consent or a ban on reducing the amount of budget funds allocated to finance courts by more than 5%.
Regarding the advice of judges subjects of the Federation, they are necessary to consider those situations and tasks that are directly related to the issue of competence. Their activities also concern the organization of conferences and the selection of judges who are members of the qualification colleges.
The convening of this council occurs at least twice during the year.
What you need to know about qualification colleges
First of all, it is worth noting that this body was included in the community of judges relatively recently. The key task in this case is the solution and consideration of all issues within the competence of this body.
It is also important that the qualification collegiums of judges have no obligation to report on their actions to those bodies that elected them. To form this element of the community, candidates from federal courts, representatives of the president of the Russian Federation and even the public are used. At the same time, a judge can be considered elected to the college if he received more than half of the votes by secret ballot. This community body is elected for three years.
Moreover, this part of the community can have two main types:
- qualification collegiums of judges of constituent entities of the Russian Federation;
- board of judges of the Russian Federation.
If we talk in more detail about what issues the representatives of the board decide, then the following points can be distinguished:
- termination of the resignation of a judge and the adoption of measures in order to ensure his integrity;
- selection of the most suitable candidates for key positions;
- certification and, as a result, the assignment of a certain level of qualification;
- suspension, as well as the termination of judicial authority.
As you can see, the defense of judges without a qualification board is unlikely to be effective.
What powers does the Higher Qualification Collegium have?
First of all, this body is focused on the consideration of issues that are within the competence of the board on the basis of federal law. The logical consequence of this position is the adoption of decisions that can be defined as motivated by the key objectives of the community.
More specifically, one of the tasks of the board is to consider the applications of those who apply for the post of Chairman of the Supreme Court of the Russian Federation and his deputy. After a careful and competent study of the nominations, the panel sends its findings directly to the president. All who intend to take these positions are required to send their applications to this body, after which they will be considered.
Moreover, if the Chairman of the WSFR proposes to the president certain candidates for consideration, this fact will not pass by the attention of the board, which will necessarily analyze the compliance of specific judges with the recommended position for them.
In fact, it is the collegium that analyzes potential candidates for key posts within the judicial system and generates relevant conclusions. That is, in fact, she monitors the quality of work and the qualifications of judges. It is difficult to overestimate this function, since such control allows us to exclude a biased approach to the appointment of such important persons.
But that's not all. If the media records any publications containing materials stating that the actions of a particular judge did not comply with the community’s code of honor, then the board thoroughly checks these data. However, such a reaction of this body should be counted on if the panel had previously submitted a conclusion on the recommendation of the accused judge to his post.
Another aspect of the work of this community body with the media comes down to the open publication of information regarding the opening of vacancies in the framework of the Supreme, arbitration and other federal courts of the Russian Federation.
If a judge has reached the maximum permissible age of tenure, then the Higher Qualification Collegium is again dealing with the termination of his powers. There are many other functions that are the competence of this particular body of the community of judges.
An interesting fact is that this collegium by law does not have the ability to continue its work if its composition was not formed at least two-thirds.
The essence of the powers of the examination committee
One of the key tasks performed by the judicial community is the functions assigned to this commission.
So what is this commission doing? First of all, she takes exams from those who apply for the position of judge. But this happens only if the specialist was recommended by the Higher College.
Another body whose recommendations are determined as the basis for taking the exam is the college of judges of the constituent entities of the Russian Federation.
In addition to determining the level of qualifications, the High Commission is engaged in such an important matter as the methodological and general management of other examination boards of the constituent entities of the Russian Federation. This activity involves the provision of clarifications on all issues that are relevant to the reception of qualification exams for applicants for the position of judge.
Features of the work of congresses
This is one element of the community that has the power and the appropriate resources to express the interests of judges. In addition, based on the law of the Russian Federation, only the judicial community can deal with any issues in this area.
And it is worth noting the fact that it was thanks to the regular holding of congresses that significant changes were achieved in the work of judges. An example of successful and productive work is the adoption of the Regulation on the judicial community. It was it that was the basis for regulating the structure and forming the order of formation of the governing bodies of the Council.
Moreover, a code of honor was adopted, the essence of which was to determine the key rules of conduct for judges both within the framework of professional activities and outside the work.And although this code cannot be called a normative document, it is actively used and its principles are taken into account on an ongoing basis.
If we talk about the most important decision adopted by the congress, then mention the concept judicial system of the Russian Federation. In this decision, the participants’s vision was fixed regarding the future structure of the Russian judicial system.
In fact, we are talking about the publication of a law that could consolidate the unity of the judicial system, despite the fact that it is divided into three main branches. The task of the bodies of the judicial community and, in particular, the congress, in this matter comes down to combining the principles and criteria of the system.
According to the participants of such congresses, such an aspiration is relevant, since it is possible to guarantee the protection of freedoms and constitutional human rights, as well as legal entities, if the activities of all branches of the judiciary are an integrated, unified and unified system of the Russian Federation.
Terms of office
When studying the bodies of the judicial community of the Russian Federation, it makes sense to pay attention to how long the powers that were assigned to them remain valid.
So, within the framework of this topic, there is one term - 4 years. It is for this period of time that the council of judges of the Russian Federation is elected, as well as the subjects of the Russian Federation, as well as examination commissions and qualification colleges.
If this period expires earlier than the date of the congress, then the powers of various community bodies are automatically extended until the moment of official consideration.
This issue is clearly regulated by the Law on judicial bodies.
Work regulations
The approval of the rules of work for which key community bodies operate is established by the All-Russian Congress of Judges.
As for issues related to conferences and meetings of councils of constituent entities of the Russian Federation, they are resolved at conferences of judges of the Russian Federation. The Higher Qualification Collegium of Judges approves all the nuances of the order of work of similar bodies within the community.
In turn, it is the Higher Examination Commission that can approve the regulations on the basis of which other types of community commissions will act.
Conclusion
The bodies of the judicial community are an extremely important element in the regulation and development of the activities of specialists within this branch of government. Therefore, this form of management and control is strongly supported at the state level.