The judicial system of the Russian Federation, the scheme of which will be considered later, plays a special role in a democratic society. She uses a specific method of regulating relations and resolving conflicts between actors. In the article, we consider what constitutes the court and the judicial system of the Russian Federation as a whole.
General information
The court is a special state body. It is entrusted with the execution of specific functions. The federal judicial system of the Russian Federation is formed in the prescribed manner. It is endowed with a certain competence. The judicial system in the Russian Federation is ramified. At its disposal are the necessary organizational and material means by which the regulation of public relations is carried out.
Characteristics of the judicial system of the Russian Federation
The personnel of this institute are people who are in the public service. They exercise authority on a professional level. Defining the concept of the judicial system of the Russian Federation, it should be said that it is a special institution that reviews administrative, civil, criminal and other cases in accordance with specially created procedural rules. Any trial ends with a decision on behalf of the state. The decision (determination, sentence) of the court is considered binding. The force of state coercion is used to execute it.
Organization and procedure
There are certain principles on the basis of which the judicial system of the Russian Federation functions. The country's constitution clearly sets out the main ones. Among them, in particular, should be called:
- Publicity of the proceedings.
- Legality.
- Equal rights and competitiveness of the parties.
- Administration of justice by an authorized body only.
- The state language of the proceedings.
- Establishment of the composition of the court by law.
- Presumption of innocence.
- Inadmissibility of re-accusation of one crime.
- The independence of judges, their subordination exclusively to the Federal Law and the Constitution.
- Securing the right to use qualified legal assistance and protection.
According to Art. 123 of the Basic Law, all court hearings must be open. Closed review of cases is allowed only in cases stipulated by the Federal Law. Absentee proceedings are also not permitted. Exceptions are cases defined in the Federal Law. The proceedings are carried out on the basis of the principle of equality and competitiveness of the parties. Normative acts provide for cases when the trial can be carried out with the jury. The judicial system of the Russian Federation is financed from the country's budget. This provides an opportunity for independent and full implementation of tasks in accordance with the Federal Law.
The structure of the judicial system of the Russian Federation
Since, in accordance with the state system existing in Russia, management is based on the division of the state apparatus, the units of each direction are considered independent. In particular, the country has executive, legislative and judicial powers. The latter is implemented through special institutions. The Basic Law of the country does not allow the formation of emergency courts. In considering cases, officials are guided by the criminal, civil, and administrative codes. The following courts are included in the system:
- Supreme Arbitration. It includes:
- federal district;
- appeals;
- subjective.
- Constitutional.
- Supreme Court. It includes:
- regional;
- republican;
- regional;
- cities with federal status;
- autonomous okrugs and regions;
- district;
- world.
The judicial system of the Russian Federation also includes authorized military and specialized units.
Officials status
Its foundations are enshrined in chapter 7 of the Constitution. These provisions are the same for all divisions. A judge can be a citizen of Russia who has reached 25 years of age, has a higher education (legal) and at least five years of experience in his profession. Additional requirements may be established by the Federal Law. The appointment of judges of the Supreme Arbitration, Supreme and Constitutional Courts is carried out by the Council of Federations. He, in turn, receives a presentation from the President. Judges of other federal courts are appointed by the Head of State in accordance with the procedure established by the Federal Law. The powers of these officials may be terminated or suspended only in the prescribed manner.
Compliance with law
Legality acts as a universal principle. It refers not only directly to justice, but also to the functioning of other state bodies. This principle indicates that any proceedings in any unit should be carried out in accordance with the rule of law. According to this provision, the judicial system of the Russian Federation should carry out its activities in compliance with the hierarchy of legal requirements. This is especially true in cases of conflict. Moreover, the system of judicial bodies of the Russian Federation is obliged to first be guided by the norms of the Constitution, then by the requirements of the Federal Law and, last but not least, by other acts, if they do not contradict provisions that are of great force.
Implementation of activities only by authorized units
The Law "On the Judicial System of the Russian Federation" defines the procedure for recognizing a person as guilty / innocent. This provision is based on the principle of conducting cases only by competent departments. In Art. 118 of the Constitution states that a person is convicted solely in accordance with a court sentence. The Federal Law defines the circle of persons who are entitled to make such a decision. In particular, the Law "On the Judicial System of the Russian Federation" says that the following persons have the right to accept the right to make an acquittal or an indictment:
- Arbitration, people and jurors.
- Judges.
No other legal institution has the necessary capabilities to make informed and legal decisions. Only directly during the meeting are all the principles shown in accordance with which the judicial system of the Russian Federation functions. The scheme, according to which the case is submitted for consideration, involves several stages. None of them can ensure the equality and competitiveness of the parties. This is only possible directly in the courtroom. For example, a felony is taking place. Before the case goes to court, a preliminary investigation, examination of the crime scene, interrogation of witnesses, victims and suspects, and other measures must be carried out. Only after their completion, in the presence of the accused, the case is referred to the court for a decision.
Independence of officials
This principle is enshrined in Art. 120 of the Basic Law. This provision is reflected in other regulatory acts. As the current law states, proceedings in court of first instance performed with the participation of arbitration, national, jurors. They are also independent and governed by legal norms in their actions. At the same time, the assessors are vested with all rights judges. Independence principle assumes the absence of influence on the opinion of the official from the side. When making a decision, the judge or assessor is guided not by internal convictions, but by the letter of the law.
Ensuring the protection of the interests of citizens
This principle is considered a priority. The judicial system of the Russian Federation provides freedom of access for persons whose rights, in their opinion, are infringed, to protection. This situation perfectly reflects the democratic state system of the country. The judicial system of the Russian Federation guarantees the consideration of complaints of organizations and citizens regarding the inaction or unlawful actions of any persons (legal, physical, official) in relation to it.
However, it is also appropriate to say here about the principle of the presumption of innocence. It is provided for in Art. 49 of the Constitution. Its essence lies in the fact that no one can be considered guilty until this is proved by the existing procedure and established by a court decision. This principle must be observed at all stages of the consideration and study of the case. During the preliminary investigation, officers may be charged. However, this opinion is considered subjective. It does not entail the consequences that are likely when a person is found guilty in court. Act presumption of innocence continues until there is enough evidence to prove guilt.
Equality and Competition
This principle is proclaimed in Art. 123, part 3 of the Basic Law. Competitiveness involves such a construction of the proceedings in which there is a separation of the functions of defense, prosecution and resolution of the case. The first two parties to the process have equal rights in the provision of evidence, appeal against actions and decisions of the court, applications. The indictment functions are assigned to the prosecutor, civil plaintiff, victim, public prosecutor. On the defense side are the defendant, public defender, lawyer, civil defendant. Upon consideration, the exercise of rights for each party must be ensured. The function of resolving a case rests solely with the court. His competence also includes control over the compliance of the actions of the parties with the established legal norms and order.
Publicity
This principle indicates that the consideration of all cases in all courts should be open. This means that during the proceedings, access to the courtroom is available to all persons, except those under 16 years of age (if they do not act as participants in the process). Representatives of the press can be present at the trial, and the trial itself can be covered in the media. The number of attendees may be limited due to the insufficient capacity of the meeting room.
The publicity of the proceedings is provided for by each industry law. This principle is considered one of the main indicators of democratic proceedings. The publicity of the proceedings acts as an important condition for making an informed and fair decision, encourages all participants in the process to fulfill their duties in good faith. In addition, this principle prevents pressure on the judge. This, in turn, guarantees independence and submission to legal norms. At the same time, the legislation also provides for cases in which a trial is held behind closed doors. However, the decision and the verdict are read out publicly.
Use of the national language
As the state language throughout Russia, the Russian language is recognized. The republics have the right to establish their own. According to regulations, legal proceedings in the Russian Federation are carried out in the state, and in the republics that are part of it, in recognized national languages. If the participants in the trial do not speak Russian, they have the right to speak, submit applications, petitions, testify, speak at a meeting in their chosen or native language. The court is obliged not only to explain this right to the parties, but also to provide an interpreter at their disposal.
Lay judges
They participate in the consideration of civil and criminal cases in the courts of first instance (military and general jurisdiction).They are independent and subject to the rule of law. Like judges, lay judges have respective responsibilities and capacities. Sentences in criminal and civil proceedings are adopted by them together with an official by a majority of votes. One of the assessors who will not agree with the general opinion may express his opinion in writing. It will be attached to the decision or sentence.
Protection of the dignity and honor of the individual
The justice system in the Russian Federation guarantees the implementation of this principle in accordance with the Constitution. As art. 2, a person, as well as his freedoms and rights are recognized as the highest value. Their protection is the responsibility of the state. In accordance with this, the judicial system - as a branch of law enforcement - should ensure the protection of the freedoms and rights of citizens. In Art. 21 indicates that no one shall be subjected to ill-treatment, torture, humiliation, violence or other acts that infringe on his rights. Sometimes judges who consider criminal cases receive complaints from citizens that they were subjected to ill-treatment when they testified. The tasks of the official include a thorough study of these complaints. In the event of confirmation of the facts set forth in such complaints, the testimonies of persons shall be deemed invalid. At the same time, violators of constitutional norms are held accountable.
Directness and orality
This principle, unlike others, is not directly fixed in the Constitution. However, some other provisions cannot be implemented if orality and immediacy are not respected. This applies in particular to competition and publicity. In accordance with the principle of immediacy, the court must make all the conclusions contained in the verdict or decision only on the basis of the evidence that was examined directly by him during the course of the proceedings. Oralness means that all discussion and perception of evidence is done out loud. The court must disclose all documents present in the case.
Finally
The main content of the judiciary in Russia is justice. This definition is primarily legal. Its main components should be related to relevant regulations. Justice presupposes such activities of the judicial system in which cases are reviewed in accordance with legal requirements and in fairness.