The judicial branch of government is one of the three administrative branches of power that are formed in accordance with the provisions of Article 10 of the Constitution of the Russian Federation (the principle of power sharing). It interacts with other areas, while remaining independent, independent. The judicial system is a set of special bodies created in accordance with the provisions of Federal Constitutional Law No. 1.
Features of the judicial branch
The branch in question affects the legislative legal sphere, exercising control of the constitutional type, recognizing various acts as relevant (or not corresponding) to constitutional provisions. If a particular act is recognized as not conforming, it is canceled, depriving legal force.
The judicial system is a set of relevant bodies that interact with the legislative and executive branches of government. Executive power prepares the necessary personnel for the job. Judges exercise control over the fact that acts issued by the authorities comply with the norms of the legislation of the Russian Federation.
The judicial system is a group of judicial bodies (institutions) that act independently, without external pressure, without interfering with the work of other branches of government. Within the framework of their authority, these bodies solve the following tasks:
- Ensure compliance with the freedoms, interests and rights of citizens, protecting them from various violations by other entities (organizations, citizens, bodies).
- They resolve conflicts that arise in society through legal regulation.
- They control the compliance of issued acts with legal norms.
- Apply sanctions to offenders for illegal actions.
Article No. 1 of the Federal Law on the Judicial System of the Russian Federation states that only courts (judges and jurors or arbitrators) have such powers. Any other bodies are not entitled to perform their tasks.
According to the provisions of the law on the judicial system, in the Russian system there are two levels of courts: federal and subject.
Structure
Article No. 4 of the law on the judicial system in the Russian Federation states that the following types of courts are at the federal level:
- Constitutional.
- Authorities subordinate to the Supreme Court. That is, those endowed with general jurisdictional powers. These include the supreme courts in the republics, bodies of regional and regional type, city with federal significance, district and regional (autonomous), district, military and specialized.
- Bodies subordinate to the Supreme Arbitration Court. These include the district federal cassation type and entities, appeal bodies.
In the constituent entities of the Russian Federation, the judicial system is two types of courts: constitutional type and sections with justices of the peace.
Statutory (constitutional)
The subjects of the system of judicial institutions are determined independently. The creation of courts of the statutory (constitutional) type is carried out by publication of the relevant legal acts.
Financing of the work of these bodies is carried out by the relevant entity at the expense of its own budget. Implementation of a co-financing program from the federal budget is not provided. The purpose of the creation of the courts is norm control and clarification of the constitutions and charters of Russian entities. An important feature of such organs is their absence in some subjects.
With general jurisdiction
City and district courts conduct administrative, civil, criminal cases in the first instance. For sections of magistrates such bodies are the cassation instance.
The supreme courts of republics, regions, territories, cities of federal significance are located somewhat higher in the hierarchy than district ones. For district authorities, they are a cassation and supervisory instance, while considering some categories of cases as the first.
All of these courts are placed in a hierarchy below the Supreme Court.
Arbitration
The system of Russian arbitration courts includes various bodies that resolve disputes of a financial (economic) nature between organizations and bodies, as well as other cases that are assigned by the Arbitration Procedure Code to these courts.
Arbitration courts are specialized bodies. This characteristic is due to the fact that they consider the differences and disputes that arise between various organizations and other subjects of economic activity.
The fundamentals of the court system enshrined the provisions that the judicial arbitration system is a guarantee of economic independence and independence of organizations, as well as the absence of state interference in their work. They also ensure the development and protection of entrepreneurship, maintaining a balance of public and entrepreneurial interests of these entities.
The principles of the courts of the Russian Federation
The work of courts of all levels is built on fundamental constitutional principles. They not only determine the organization of work of bodies and the people sitting in them, but also are the guarantor of the administration of justice in the Russian Federation.
The basic constitutional principles of work are as follows:
- Proceedings are conducted publicly and openly.
- All subjects are equal before the court and have free and equal access to the administration of justice.
- The parties in the process are equal and competitive.
Independence
The implementation of this principle is expressed in the adoption by judges of decisions and assessment of the materials (evidence) submitted by the parties independently, based on legislative norms and their internal convictions.
Along with the actual independence of judges, there is also a mandatory interaction with various bodies. One of the features of independence in the interaction of judicial entities and law enforcement agencies is the sentencing on the basis of materials provided by investigators.
Independence and interaction are also expressed in the fact that in conducting criminal or some civil cases a prosecutor is involved in the case, whose opinion must be taken into account, nevertheless making an independent decision.
Independence is also expressed in financing the work of the courts only at the federal level. Thus, these bodies do not interact with the budgets of entities.
Openness, publicity, competition and equality of arms
The competence of the courts is based on the basic principles of their work. Among them are openness, publicity, competition and equality of arms.
Openness and publicity of legal proceedings is a means of control of members of society over the implementation of justice. Each action, except for making a decision in the deliberation room, is performed publicly, in the presence of all participants in the process. The only exceptions are closed meetings, the list of which is established by law.
The equality of all subjects before the court and the law is expressed in the same relation to all citizens who are involved in the proceedings as a plaintiff, defendant or third parties. Also, in relation to all these entities, the general procedure for holding accountable for guilty acts applies.
Equality and competitiveness of the parties is realized through equal opportunities for all to prove their case, to uphold their position, present evidence and defend their interests. It is also expressed in the fact that the defense, prosecution and verdict are carried out by different persons and cannot be committed by one person.
The system of Russian courts is represented by a significant number of bodies specializing in holding individuals accountable for non-compliance with the rights and interests of citizens, organizations and bodies. Courts also carry out lawmaking within the limits established by law. It should be noted that these bodies operate independently of the legislative and executive authorities.