Such a topic as the judicial community is more than relevant, since it relates directly to the courts themselves, and at all levels and types. This structure allows you to exert the necessary influence and exercise professional control of compliance with legal requirements.
The judicial system of the Russian Federation: scheme
To understand the topic under discussion, it makes sense to pay attention to general information.
In Russia, as in many other states, power is divided into several branches: judicial, executive and legislative. And if we talk about the first of them, it should be noted that it is carried out through four key areas of legal proceedings. It:
- constitutional;
- criminal;
- administrative;
- civil.
Thus, judicial proceedings should be understood as a form of justice. This whole sphere is formed and operates within the framework of a procedure that has clear formal boundaries that take into account the exercise of both duties and procedural rights of judges.
The judicial system of the Russian Federation, the scheme of which is relatively simple, has a horizontal and vertical separation of powers. The horizontal of this structure is formed by three key branches of the system: the arbitration, the Constitutional Court, as well as the courts of general jurisdiction. The basis of this separation is a significant difference in the specifics of each of the areas.
For a clear description of the vertical separation of the judiciary, this table is suitable.
Judicial community
This terminology is used to define a professional territorial and organizational association of persons. It should be understood that the community itself, as well as its bodies, is a form of self-government, as well as a mechanism ensuring the independence of persons acting in the judicial sphere. Moreover, this social phenomenon is quite new and therefore needs constant evaluation and, if necessary, change.
It makes sense to note the fact that the judicial community of the Russian Federation is a necessary structure for the full expression of the interests of the judges themselves. This goal is achieved by setting specific tasks:
- control of behavior, as well as compliance with the requirements that were presented to the judges;
- participation in the resource, personnel and organizational support of the judicial segment;
- when fixing violations, prosecution in accordance with the law.
At the moment, there is still a need to improve the mechanism of legal regulation of the institution of the judicial community, determine its role in the general mechanism of power and consolidate the legal status.
With regard to participation in the community, all judges from whom the oath was taken are recognized as its members. A way out of this structure is possible only because of the decision to terminate powers. But there may be an exception that is worth considering. This is an honorary dismissal. In such a situation, membership is retained, which makes it possible to involve such a judge in the work, but, of course, with his prior consent.
Formation Features
The bodies of the judicial community of the Russian Federation (hereinafter OSS) can be formed and subsequently act only on the basis of federal constitutional laws and in full accordance with them.
There are several areas of activity that can be defined as their main functions:
- first of all, the community must guarantee the fact that all the requirements specified in the Code of Judicial Ethics will be met;
- Qualified protection of the rights that judges have, as well as their interests, as determined by the Federal Law;
- professional assistance in the process of improving legal proceedings per se;
- participation in the provision of all the resources necessary for key activities - resource, personnel and organizational.
These tasks give an idea of why the OSS is needed in principle and what impact they have on the judicial system.
Priorities in Activities
At the last All-Russian Congress, the state and activities of community bodies were evaluated. Based on this analytics, the congress participants identified priority areas for the activity of the OSS and state bodies. The essence of the priorities is as follows:
- It is necessary to strengthen the autonomy and independence of the courts, since they play an important role in the process of interaction of the latter with the executive and legislative authorities. Moreover, this goal is relevant for both local and central structures.
- The bodies of the judicial community should pay attention to the process of improving the criminal procedure legislation. It is also necessary to competently organize the reduction of the order that is used for judicial investigation.
- The adversarial process is a rather important aspect of the judicial activity, therefore, it also deserves the attention of the OSS.
- The procedural arbitration and civil legislation needs certain changes. It should spell out all currently relevant procedures that allow for competent pre-trial settlement of disputes.
- No less relevant is the stable provision of ships with both material and technical resources and financial resources.
- Another area in which the judicial community should work is to strengthen the system itself through an organized influx of staff and qualified personnel as such.
- The issue of the safety of judges and the protection of courts does not lose its relevance, and therefore needs a full solution. In addition, there remains a need to deploy the ubiquitous work of the branches that are part of the judiciary. It is also necessary to improve the process of considering cases, which are nothing but the inevitable consequence of administrative-legal relations.
As you can see, the judicial community is focused on achieving many pressing tasks. It is for this that it forms the organs referred to in this article. This, in turn, indicates the fact that the state is interested in the quality and qualified work of the courts, which will be able to provide an effective solution to various issues within the framework of the current legislation.
What is the judicial community?
This terminology is used to describe the structure that is formed from judges of federal courts of all levels and types. This includes judges of the constituent entities of the Russian Federation. Together, they make up the judicial system of Russia.
It is such a community that makes it possible to competently organize and control the activities of judges throughout the territory of the Russian Federation.
Considering this issue, we can say that this community is actually the judiciary, which is endowed with organizational principles. In addition to monitoring the activities of its members, such a structure is also focused on solving many other problems. Thus, the sphere of responsibility and competence of the structure under consideration is much wider than simple control. It is precisely so that these goals are achieved effectively and various bodies of the judicial community are formed. The activities of the latter are regulated by the relevant legislation, which nevertheless leaves enough free space for the complex of necessary actions. This makes it possible to apply a flexible approach in the process of performing all relevant tasks.
The legislative framework
The association of judges in the form of a community has a clear legal basis, the key element of which is the law “On the Judicial System of the Russian Federation”. More specifically, this is article 29. It contains information that judges, being representatives of one of the branches of government, have the right to express their own interests. For these purposes, in the manner determined by law, the judicial community is formed, and the facets of its competence are also determined.
This fact suggests that such a union operates within the framework of a clear regulation, therefore the possibility of initiative is excluded.
The law on bodies of the judicial community fully defines all elements of the structure and directions of their activities within the community.
This part of the federal legislation also addresses the issue of membership, the formation of key bodies and the principles of organizing associations of judges. Moreover, attention is paid to topics such as authority, defining regulations, and securing all bodies related to the community. As you can see, the state approaches the regulation and development of judicial power thoroughly. This, in turn, gives citizens hope for the manifestation of high professionalism in legal proceedings.
Judicial community system
In order to have a clear idea of how such a large structure works, you need to pay attention to the elements of which it consists. Moreover, each of them has its own function and a number of clearly defined powers.
So, the bodies of the judicial community are the following instances:
- All-Russian Congress.
- The Higher Examination Commission, which is responsible for taking the qualification exam for those who apply for the position of judge.
- The Council of Judges of the Russian Federation, elected by the All-Russian Congress.
- General meetings.
- Conference of judges working on the territory of the constituent entities of the Russian Federation.
- Qualification Collegium (there is also a higher form of this body and those colleges that deal with the territory of the constituent entities of the Russian Federation).
- Advice of judges related to the subjects of the Russian Federation.
- Examination commissions of judges operating in the region, which is a subject of the Russian Federation.
The whole structure is determined by the law on the judicial community. On its basis, any facets of activity are regulated. Based on the information described above, we can distinguish the key types of organs that make up the community itself:
- qualification colleges;
- congress;
- conference;
- general meetings;
- examination commissions;
- advice of judges.
This distribution of powers allows you to effectively organize and control various areas of the community and save them within the framework defined by applicable law.
The highest body of the judiciary
The structure under consideration (OSS) is designed to implement the competent work of representatives of one of the key branches of government in the country. She, in turn, also needs competent management. This important mission is entrusted to the council of judges of the Russian Federation. This community body performs its functions between the All-Russian congresses.
If you look at the workdays of the council, it can be confidently stated that it deals with all issues related to the community. An exception is those areas of activity that relate to the issue of qualifications, and the relevant colleges are involved in this.
Since the supreme body of the judicial community is the council of judges of the Russian Federation, it needs a competent distribution of powers for effective activity. For this reason, 6 sections are permanently identified in this body, specializing in the following areas:
- questions of the legal status and status of judges;
- finance;
- Relations with those bodies of the judicial community that are located in the regions, as well as officials and state, international legal and public organizations;
- issues of improving legislation and judicial practice;
- organizational and personnel work.
The status of the main priority in the activities of the council is given to the process of uniting the judicial community and competent coordination of all its actions.
Qualification Colleges
This category of bodies of the community of judges is responsible for those tasks that are not the responsibility of the council. If we pay attention to the Federal Law on the bodies of the judicial community, and more precisely, to Article 18, concerning the issue of status, we can distinguish the following facets of the work of the collegiums:
- certification of judges and assignment of certain qualifications to them;
- termination or suspension of authority;
- ensuring for judges immunity, in other words, their protection;
- competent selection of candidates able to adequately fulfill the duties of a judge ;
- termination of resignation.
In order to choose a qualification board, the All-Russian Congress is going to. At the same time, at least one third of the total number of judges in the community should be present at this event. Representatives of all types of courts: military, general arbitration, etc. can be selected as the highest qualification collegium.
It is worth noting the fact that voting during the congress has a secret format.
In order for all elements of the community to fully perform their functions, the current legislation clearly defined the powers of the judicial community. They are described in detail in the corresponding part of the Federal Law. As an example, we can cite a few points from the section on the Higher Qualification Collegium. This body has the right to:
- Conducting verification of information on the behavior of a judge that does not comply with the code that was published in the media. These actions prevent the undermining of the authority of the judiciary.
- Consideration of applications of candidates for any positions within the system.
- Announcement in the media of information that vacancies have appeared in key positions in courts of various categories.
- Decisions regarding the termination or suspension of the powers of the President of the Supreme Court of the Russian Federation.
- Implementation of qualification certification of judges.
- Assignment of higher and first qualification classes, etc.
As you can see, the list of powers not only has clear boundaries, but actually is a detailed picture of the functional responsibilities of a particular community body.
Summary
The judicial system of the Russian Federation still needs changes and control over the activities of judges at various levels.
The state, in turn, has taken a step towards sustainable improvements, creating a community that regulates and shapes the work of one of the key branches of government in the country.