The concept of the judiciary. Judicial authorities of Russia. Judicial Powers

At all times, power in its true meaning has been the goal of dictators, peoples, or ethnic communities. This is a blessing for which people have been killing each other for centuries. For the sake of power, states collapsed and empires were built, tribes were destroyed and peoples revived.

For a long time, the concept of power was distorted by dictators and the church. However, with the development of social relations and society as a whole, this category begins to degenerate. The main impetus for changing the structure and functional part of the government was law. Oddly enough, but it also influenced other social structures. With the development and gradual increase in the role of this construction, public consciousness begins to change beyond recognition. People begin to promote democratic ideas inherent in the people, not the oppressed herd!

Due to the existence of law and the benefits that it brought, it becomes clear that power is not absolute. It depends on many factors. And the face of the lord, monarch and leader is only a shell of the presented category. These peculiar dogmas were also supported by the principle of separation of power into several components, one of which was the judiciary. Thus, the article will discuss the judicial branch, which has its own characteristics, structure and subjective composition.

Law as the main social regulator

In the scientific community, there is much debate about what power is and how it is divided. Nevertheless, almost all scholars agree that this category comes primarily from law. In this case, it implies the main regulator of social relations. However, the concept of law is much broader. Thus, this category is a system of formally expressed, generally binding norms of behavior that are sanctioned by the state. In this case, a logical question arises about how the concept of the judiciary is related to law. The fact is that power as a whole exists and affects society only within the framework established by law. Therefore, these categories simply need to be considered together.

Signs of law as a regulatory system

It should be noted that the previously mentioned system of norms has a number of characteristic features only to it. Thanks to them, the right stands out from the mass of other systems of coordination of society. Scientists distinguish a large number of various signs, however, there are the most "classic", namely:

• Generally binding, that is, the law extends its effect to absolutely everyone without any exceptions.
• The normative character testifies to the official “shell” of law. That is, this category exists in the provisions of legal acts.
• The state guarantees the implementation of generally binding norms and law in general.
• The law expresses the will and intellect of mankind.
• This system is hierarchical.

Thus, thanks to these signs, the law stands out from among other regulators and retains the status of the main coordinator of public relations.

Concept of power

Before considering the concept and signs of the judiciary, you should understand what this category is in general. Indeed, not everyone can explain its essence. Power, as a rule, is called the possibility or the real ability of a person to impose his will on others. At the same time, the will of people is not taken into account. That is, this is a real way to promote their ideas, principles and beliefs in the minds of others. In this case, the fact of what the power is specifically based on does not matter at all. She can also use different methods of regulation and influence on society. In any case, its essence does not change.

It should be noted that the concept of state and judicial power is, in fact, related concepts. However, the first term, in turn, is divided into three constituent elements, which will be described below. Thus, power is a theoretical category that characterizes the entire sphere of influence, and state power is practical, applied only in the context of governing a country and its population.

Principle of separation of powers

In the state structure, power is an integral attribute. After all, it is on its basis that people unite around the ruling elite. However, with the development of democratic trends in Europe, principles were developed on the basis of which the possibilities of the aforementioned elite or single leader were significantly limited. In other words, his power, in fact, was curtailed.

In this case, we are talking about a scientific approach to the analysis of the presented category. State power began to be seen as an element starting from the people, which should exist for their good. Moreover, power should not be unified. It must be divided between different state bodies, each of which will be responsible for its activities. Thus, the principle of separation of powers arises. It represents a specific political and legal scientific theory that power should be divided into legislative, judicial and executive.

Principle History

The principle of separation of powers was developed in antiquity. For example, already in Ancient Rome, public administration was divided between consuls, senate and comitia.

Thanks to this, each component of power was represented by a separate organization, which did not have the right to usurp general power in any way. After the fall of the Roman Empire, the separation of powers began to be spoken during the Enlightenment. This theory has been studied and modernized by scholars such as John Locke and Charles Louis Montesquieu.

The application of this principle was found in many states in the late XVIII - early XIX century. In the American environment, the principle has been substantially improved. The Founding Fathers supplemented it with a vertical hierarchy. That is, power was divided not only in three main areas, but there was also a differentiation between state power and federal units. On the territory of our state, the principle has not been applied for a long time, because during the existence of the USSR it was recognized as purely "bourgeois." However, with the gradual "extinction" of totalitarianism and the development of democracy, Russia gradually begins to introduce generally accepted principles. Today in the Russian Federation, power is divided between the legislative, executive and judicial branches.

The concept of the judiciary

The judiciary is one of the branches that was mentioned earlier. It should be noted that the entire judicial system of Russia is built on the principles of this category. In the classic version, this category represents the ability of individual bodies to administer justice to persons who have committed offenses. But the functions of the judiciary are not limited to this. The bodies belonging to it resolve disputes between citizens, as well as consider situations challenging the norms of certain acts, analyze the conformity of their provisions with the laws and the Constitution of Russia.

Only those bodies that directly enter the judicial system can administer justice in the Russian Federation. No other structures can implement the punishment or resolve disputes between anyone. Therefore, the concept of the judiciary encompasses several theoretical categories at once. Firstly, the term characterizes the type of state dictatorship, and secondly, the system of special bodies.

It should be noted that there are signs and principles of the judiciary. This indicates that it is a structured phenomenon. In addition, there is a certain number of entities that are directly related to this branch of government.

Signs of judicial power

The concept and features of the judiciary are terms inextricably linked. In addition to this, the signs are fixed not only at the legislative, but at the constitutional level. Thus, in the Basic Law of the Russian Federation the following features of the judiciary are given, namely:

• it is carried out exclusively by the courts;
• the judiciary is completely independent;
• its implementation occurs by applying specific rules during administrative, criminal, civil or arbitration proceedings;
• The judicial system of the Russian Federation is a single structure.

Judicial structure

It should be noted that the last (indicated above) feature of the judiciary is subdivided into smaller initial provisions. The following points testify to the unity of this structure, for example:

• principles of the judicial system are enshrined in such a normative act as the Federal Law “On the Judicial System of the Russian Federation”;
• all courts use the same rules when carrying out legal proceedings;
• all court decisions are binding on the territory of the Russian Federation;
• The status of judges is the same for everyone.

Thus, the concept and features of the judiciary are an integral element in the analysis of this category. However, in addition to the characteristic features, there are also principles, initial provisions of this type of management, which largely explain the functioning of the justice system in the Russian Federation.

Judicial Principles

There are special provisions on the basis of which the judiciary in the Russian Federation is built. They are enshrined in the provisions of various normative acts of both national and federal significance. Thus, we can distinguish the following principles of the judiciary, namely:

1. The principle of legality is that when administering justice, the authorities acted only within the framework of the current legislation. Thus, the powers of the judiciary are limited by laws and the Constitution of the Russian Federation.
2. The essence of the principle of independence and independence is that the judicial authorities are not subordinate to any other branch. In other words, no authorities can exert pressure on the judiciary.
3. The judicial system of Russia is completely based on the principle of federalism. During the implementation of justice, the features of the territorial structure of the country are also important.
4. It should be noted that the Russian judicial system also has some special principles.

Branch Functions

The concept and functions of the judiciary are categories that relate quite strongly to each other. Because in fact the lines of activity come out of the key term. Based on this fact, the following functions of the structure presented in the article can be distinguished. To date, the judiciary has the following functions:

1. Judicial control. That is, the relevant authorities verify the lawfulness of enforcement measures.
2. Justice.
3. Explanation of the rule of law.
4. Explanation and certification of facts that play an important legal role.

It should be noted that most of the signs, principles and functions of the Russian judiciary are contained in such a normative act as the Federal Law “On the Judicial System of the Russian Federation”.

The concept of the judiciary

In most cases, people do not understand what the judiciary and justice are. In this case, we are not talking about a low level of legal culture. It’s just that very often legislative norms themselves are structured in such a way that ordinary citizens simply do not understand them. It should be noted that the powers of the judiciary are manifested in the judicial system of the state. It, in turn, is a system of special forces that are authorized to administer justice on the basis of current legislation.

The subjects of the judicial system

Today, the Russian judicial system consists of the following bodies:

1. Federal courts.
2. Courts of the constituent entities of the Russian Federation.

Thus, only the bodies presented above have the right to administer justice in Russia.

Conclusion

So, the article considers the concept of the judiciary in the Russian Federation. It should be noted that this issue is constantly being supplemented and theoretically rethought by scientists. After all, the legality of the justice system in the country depends on the quality of the judicial system. In addition, the concept and functions of the judiciary of the Russian Federation are of paramount importance in the process of studying this specific area of ​​life. Therefore, the scientific development of these categories is simply necessary to modernize the relevant legal relations.