The strength of any state is its power. History gives us many examples of the interpretation of power, which can take on the character of despotism or loud democracy. In any case, the essence of this category is the management that it exercises in relation to the population of the state. But it should be noted the fact that power is impossible without law. This key postulate has been worked out for a long time. The bottom line is that it is law that is capable of organizing people as efficiently as possible and directing their activities in the right direction. At the moment, most world powers base their power in the state precisely on the right, since this has a good effect on the state of affairs. However, the legal regime does not always cope with the functions assigned to it.
In some cases, a certain kind of questions, disputes or even offenses arise in the human environment. All this negatively affects the general state of affairs. Therefore, in all states, a judicial branch of power has been developed. In Russia, a similar system also exists and is actively functioning today. The most interesting is the activity of the highest judicial bodies of the Russian Federation, which are entrusted with specific functions.
Judicial branch: concept, history
History tells us that in ancient times the control of states was carried out solely by kings, kings, emperors, etc. Only in some countries did democracy exist in its infancy. An example of this statement is the Ancient Roman Republic and Ancient Greece. However, the development of mankind has led to the emergence of new theoretical approaches, according to which the very essence of power has changed.
The greatest number of transformations in the field of public administration occurred during the New Time. Scientists such as Charles Louis de Montesquieu and John Locke are developing a fundamentally new approach to organizing power in any country. According to their theory, governance should be divided between the legislative, executive and judicial branches of government. Since then, such a power scheme has become the basis for most powers. To date, the principle of separation of control is applied in almost all existing states, including the Russian Federation.
What is the judiciary?
Each branch of government mentioned earlier has completely different functions. The judicial sphere of power is the most specific. This is due to several interrelated reasons.
- First, the judiciary is completely independent. This principle guarantees the impartiality of the consideration by the relevant authorities of certain situations.
- Secondly, this branch of management has a characteristic and rather cumbersome structure, due to which an effective influence on the objects of its competence is carried out.
- Thirdly, representatives of the judiciary have a special legal status, which gives them exclusive rights, but at the same time entrusts them with certain responsibilities.
As we see, the judiciary has a special character. This pretty much affects the activities of bodies that are directly related to it.
Judicial departments of the Russian Federation
Any branch of power is impossible without bodies that would carry out its basic functions. The judicial branch of management in this case has a whole system of departments, which operate today quite effectively. The structure of such bodies is called upon to administer justice in Russia. This fundamental principle stipulates the specific legal status and exclusive powers of the judiciary. In turn, the highest judicial bodies of the Russian Federation are part of the general system and are called upon to coordinate the direction of its activity, therefore, all the general structural features also apply to them. The main symptom is that such departments are completely independent. That is, the courts do not fall under the control of any federal or supreme executive body of a constituent entity of the Russian Federation. Judicial practice in this case is completely objective and truly effective.
What are the highest judicial bodies in the Russian Federation?
Today, the judicial system in Russia is quite simplified. At the same time, a bias is being made towards developing an extensive structure of territorial bodies, because they are most close to the country's population. Thus, an extensive system provides more opportunities for resolving disputes or protecting one's own rights. But for the development of efficiency and popularization of courts, the highest judicial bodies of the Russian Federation should not be represented in large numbers. Therefore, today there are only two departments:
- The Supreme Court of the Russian Federation.
- Constitutional Court of the Russian Federation.
The competencies of both institutions are different. The Supreme Court, like the Constitutional Court, has its own specifics of work, features and, most importantly, the formation procedure. But before considering each individual organ, it is necessary to familiarize themselves with their common features.
Features of the highest judicial departments of Russia
The signs of the departments mentioned earlier can be viewed from three perspectives. First of all, the highest judicial bodies of the Russian Federation have a specific regulatory framework, which consists of:
- Constitution of the Russian Federation.
- Federal Law “On the Judicial System of the Russian Federation”.
These acts enshrined the rights of employees of these bodies, their status, independence of activity, etc. Other specific aspects of the highest judicial departments are their independence and exclusive competence. This suggests that representatives of other official structures of our country cannot intervene in the activities of the bodies of this branch of power. Thus, the highest judicial bodies of the Russian Federation are completely independent and single official bodies, which are charged with the current federal legislation in organizing the corresponding branch of power in the state. However, in addition to common features, they are also endowed with their own, which are due to a certain competence.
RF Armed Forces: key features
The competence of the bodies previously mentioned in the article is divided today into general and constitutional. The Supreme Court of the Russian Federation is the highest judicial body of a general orientation. That is, increasingly smaller departments of the corresponding level are structurally subordinate to him. In addition, the Supreme Court is the highest judicial body of the Russian Federation in civil, criminal, economic and disciplinary cases.
The date of foundation of the department is December 12, 1993. In its unchanged form, it lasted until 2014. However, the judicial system is undergoing a reformation at this time. It entailed the unification of the Armed Forces of the Russian Federation and the Supreme Arbitration Court. In other words, since 2014, the Armed Forces has become the only body with a fairly broad competence, except for the constitutional one in this case.
Authority of the authority
The highest judicial bodies of the Russian Federation, the structure and functions of which are considered in the article, are characterized by exclusive powers, which give them a large number of specific opportunities. The activities of these bodies are fully regulated by legislative acts and, of course, by the Constitution. The Supreme Court of the Russian Federation is the highest judicial body, which indicates that it has exclusive rights. Thus, this body is authorized to:
- carry out judicial supervision of other bodies of relevant competence;
- in certain situations, appear as a court of cassation or appeal;
- coordinate the activities of the supreme courts of the subjects of the federation;
- give appropriate clarifications on issues of judicial practice, analyze the statistics of the activities of the supervised bodies;
- resolve all issues related to the international activities of Russia.
As we see, extensive competence gives the right to assert that this department is the highest judicial authority of the Russian Federation.
Office structure
The exercise of the functions of the Supreme Court is based on the division of rights and duties between the relevant system elements. The structure of the body referred to in the article is very effective and efficient. Today its elements are:
- Plenum of the Armed Forces of the Russian Federation.
- Presidium of the RF Armed Forces.
- Appeal and Disciplinary Board of the Armed Forces of the Russian Federation.
- Administrative, civil, criminal, economic and military colleges.
Consideration of cases of different legal orientations takes place in different structural elements of the Supreme Court. This approach provides the greatest effectiveness of justice in general. In addition, the division of competence helps to more quickly carry out all work as a whole.
The composition of the Armed Forces of the Russian Federation
Of course, the direct execution of all the functions assigned to the Supreme Court is carried out by a number of individual employees. The subject composition of the RF Armed Forces is described in detail in the previously mentioned Federal Law. According to its provisions, the Armed Forces include:
- Chairman of the Armed Forces of the Russian Federation;
- First Deputy Chairman;
- alternates who are the chairpersons of each house;
- directly judges working in certain chambers.
The presence of such a subject composition enables the Armed Forces of the Russian Federation to fulfill their key functions as quickly as possible.
However, as mentioned earlier, the highest judicial bodies of the Russian Federation are not only the Armed Forces of the Russian Federation, but also the Constitutional Authority. Her powers and features of work are completely different from those owned by the structure of general competence. Therefore, the Constitutional Court of the Russian Federation deserves special attention. This issue is especially relevant today, as the body is a key defender of the democratic system.
The highest constitutional judicial body of the Russian Federation
The development of the state system has led to the fact that its regulatory regulation has become more complex and sophisticated. It is this fact that necessitated the creation of the Constitutional Court. In Russia, this body is an independent authority that is not part of the general justice system. It is worth noting that the work of the department is also carried out quite specifically. In court, cases are examined within the framework of constitutional proceedings.
Institutional authority
The fact that the supreme judicial bodies of the Russian Federation are the Supreme Court and the Constitutional Court, speaks of the exceptional breadth of authority of both departments. However, the competence of the last resort, due to the special order of consideration of cases, is limited. The possibilities of the Constitutional Court do not go beyond the scope of Article 125 of the fundamental law of our state. Thus, the authority is authorized to:
- evaluate the normative acts of various authorities and international treaties signed by the Russian Federation regarding their compliance with the constitution;
- resolve any disputes concerning the competence of official government bodies;
- to verify the constitutionality of laws applicable in specific cases;
- to interpret the provisions of the Constitution of Russia;
- issue an appropriate opinion on the possibility of bringing charges against the President of the Russian Federation.
The subject composition of the body
As in the case of the Supreme Court of the Russian Federation, the Constitutional Court has in its composition a certain number of members who directly carry out all its functions. To date, 19 judges work in the court. The process of their appointment has a certain procedure. The president selects the judges, and the Federation Council directly appoints. This order is a reflection of democracy.
Conclusion
So, in the article we tried to answer the question of which higher judicial bodies of the Russian Federation exist today. The relevance of the departments in the XXI century has a high level. Therefore, it remains to be hoped that in their work the highest judicial bodies will always be guided exclusively by the norms of legislative acts and, of course, the Constitution of Russia.