The independence of the judiciary is one of the most important principles and criteria of justice. The legal foundations of the principles of independence were adopted at the 7th UN Congress, which considered in 1985 the problems of combating crime and its prevention. Then these provisions were repeatedly supplemented and specified by various international and national legal acts.
Particular attention in this regard should be paid to Art. 120 of the Constitution of Russia, where the principle of independence of judges is stated. Its essence can be expressed as follows: judges in the Russian Federation are independent and do not obey any institutions other than the Constitution and federal law. Then, after the adoption of the new version of the Constitution of the Russian Federation, in the law governing the legal status of the judiciary, it was noted that judges are not accountable to anyone regarding their legal activities.
The meaning of this provision should be understood as the formation of such conditions for the professional activity of judges that would allow them to make decisions on the basis of laws and in accordance with their own convictions. These conditions can be considered implemented only if the court, in accordance with the law, is autonomous, and is protected from any external influence.
Only in this case, the principle of independence of judges will really ensure the independence of the entire system of law.
The independence of judges is a prerequisite for the administration of justice, which will be spared any attempts of pressure from individuals and organizations, including government bodies of the state itself. The principle of independence of judges implies that in each of its decisions, the court is guided by its conviction, based on law and legal awareness.
The independence of judges, as well as another, the principle of the inviolability of judges, is ensured by constitutional guarantees: a special procedure for the exercise of law, prohibition of interference in judicial activity, ensuring the inviolability of judges and others.
All these guarantees can be classified into political, economic, legal and professional. The principle of the irremovability and inviolability of judges should be considered as one of such guarantees, which occupies a special place in this classification, since it is considered immediately from several areas of its influence on the legal status of judges.
Political guarantees include requirements for judges not to be members of political parties and other organizations that can potentially use their influence or authority as a resource for influencing a judge. In addition, the principle of independence of judges prohibits judges from representing anyone's interests in any institutions and organizations, including the interests of state bodies.
Economic guarantees include norms according to which the judiciary is provided at the expense of the state with free housing and some social benefits.
Legal guarantees encompass norms that legally protect judges from interfering with anyone's professional activities , including the institutions of the state itself.
Professional guarantees are that the state, in addition to taking the protection of judges by law, provides the same protection to their families. The list of professional guarantees should also include a special procedure for the appointment of the judiciary and its replacement.
The law also provides for a system of authorizing cases of interference with or pressure on judges.
Thus, the consolidation in the law of the principle under consideration contributes to the objective and impartial fulfillment by the courts of the functions of justice. Any outside influence on them is unacceptable and in accordance with the law entails liability.