Any state is a complex mechanism that operates due to its internal structure. But far from always the countries were in the form in which we are all used to seeing them. For a long time, instead of the political system on Earth, there was a tribal tribe. He implied the unconditional power of the leader over his subjects. But over time, it became clear that the tribal community during growth cannot control and coordinate the activities of a large number of people. That is, it was necessary to create a more complex and effective structure. That was the state.
Today, each country is a complex political and legal structure that operates under the influence of divided power. The last element is extremely important, because it is thanks to it that these or those organs familiar to us really work. The separation of powers implies the existence of three areas, one of which is the judiciary. This industry is responsible for justice, and also has a number of characteristic features, principles of functioning, etc. In the Russian Federation, there is also a judicial branch of government, the implementation of which takes place through special bodies, which will be discussed later.
The principle of separation of powers and the court
Many people wonder how the judiciary, the basic concepts of which will be presented later in the article, relates to the principle of separation of government in the state? The bottom line is that this fundamental idea was developed back in modern times by Charles Louis de Montesquieu and John Locke. The principle implies a lack of unity of command in the process of coordinating the activities of the country. In this case, the power should be divided between the three branches, namely: legislative, executive and judicial. The last element has really important functions. Only in this industry is justice allowed.
The concept of the mentioned branch
If we talk about the judiciary, in general, then it is a system of bodies that implement exclusively their capabilities. This is not just a trend in this case, but a principle enshrined in many laws of different countries, including the Russian Federation. Thus, the court and the judiciary are, in fact, a single whole. Because the system of the corresponding organs is a form of manifestation of the entire branch.
Judicial Signs
According to the global trend, the corresponding system of bodies of the Russian Federation is built on principles that are generally accepted. In addition, the fundamental provisions are enshrined in a single, highest legal force act - the Constitution of the Russian Federation. If we analyze the principles of this branch of state activity, we can highlight the most striking signs of the judiciary, which characterize it as a truly unique industry. These signs include the following, namely:
1) Activities of the aforementioned nature are implemented exclusively by the courts.
2) The power branch has complete independence from all other spheres.
3) Has the authority to apply the law in the framework of processes of various kinds (administrative, civil, criminal, etc.).
4) Funded by the state budget.
5) Decisions of the judiciary are binding on everyone in the Russian Federation.
These signs show the features of the ship system in the Russian Federation. But in order to understand in more detail the problems of the implementation of law, it is necessary to understand the structure of bodies of this orientation.
Ship structure
The structure of the judicial bodies of the Russian Federation is a hierarchy that exercises the right as cases are examined or certain disputes are resolved. To date, the created system has proven itself in the Russian Federation as well as possible. She effectively applies law at all levels. Moreover, each individual judicial authority has its own jurisdiction, which is predetermined by its structural affiliation. Given this fact, we can distinguish the following system, namely:
1) The Constitutional Court of the Russian Federation.
2) Courts of general jurisdiction. This link consists of the military and departments of the main link.
3) Arbitration courts.
4) Disciplinary bodies.
Each segment of the structure implements its own powers, and also has a strictly defined range of capabilities, which will be mentioned below.
General jurisdiction
The court of first instance is the closest system of bodies for ordinary citizens who require appropriate legal protection, or the resolution of any dispute. In the process of general jurisdiction, civil, criminal and administrative cases are considered. It should be understood that the trial court is only one of the links in the whole system of common bodies.
If you have any questions, any person can appeal to the district or local courts of one or another territorial location. These bodies operate in certain territories. Their jurisdiction includes not only the resolution of certain judicial disputes, but also the control of pre-trial proceedings. This includes the coordination of the imposition of preventive measures, for example: detention, bail, etc.
Courts of Military Jurisdiction
In accordance with the legislation of the Russian Federation, a system of military departments that are authorized to administer justice operates on the territory of the state. As we understand, the scope of activity of these bodies is significantly limited, although they are part of the structure of general jurisdiction. A military-oriented judicial authority exclusively deals with criminal cases that arose as a result of a crime committed by a person belonging to the Armed Forces of the Russian Federation. In addition, the represented departments consider civil cases in which the subjects are military personnel on the one hand and the Ministry of Defense on the other.
Courts of the Federation
After the district authorities of the corresponding branch of power, there are departments of state entities. These bodies, of course, are a higher level in the hierarchy of courts of general jurisdiction. Thus, the affairs of the district authorities are subject to review in the courts of the Federation on appeal. This ensures the right of everyone to an objective review of a case or resolution of a dispute. The judicial boards of the Supreme Courts of the Federation are involved in the appeal.
Arbitration bodies
Arbitration departments are included in a separate court system in the Russian Federation. They, like other similar bodies, represent a hierarchical structure. It includes arbitration courts of constituent entities of the federation, appellate arbitration courts and arbitration courts of districts. The first instance of these bodies is authorized to resolve disputes between entrepreneurs, legal entities. In addition, arbitrations also run disputes, the subjects of which are the mentioned persons and state bodies. Moreover, similar cases should arise on issues of administrative and civil proceedings.
Appeal arbitrations exist to review the decisions of the courts of the subjects of the arbitration federation. These bodies check the legality of the activities of lower departments, summarize the practice, analyze the statistics of this activity, etc. The right to appeal the arbitration cases is realized by applying to the district courts of the corresponding orientation. These are the arbitration districts.
Supreme Court. Superior Court of Arbitration
It should be noted that, in a cassation appeal procedure, individuals can apply to higher courts. Such today is the Supreme Court of the Russian Federation. In its composition there are special collegiums that are engaged in the consideration of certain cases. Today there are:
1) College of administrative, civil and criminal matters. In fact, the Supreme Court of Cassation of the Russian Federation.
2) College of military affairs.
3) The Supreme Arbitration Court.
As we see, the Supreme Court is a cassation body for different jurisdictions.
constitutional Court
The most specific body today is the Constitutional Court of the Russian Federation. This body has its own jurisdiction and a number of powers not inherent in other instances. It is a structure of constitutional control that implements power through specific production. In its activities, the Constitutional Court of the Russian Federation exercises the following powers, namely:
- Based on requests from senior government officials and individual bodies, the said department has the right to verify the compliance of federal legislation with the Constitution of the Russian Federation.
- Resolves disputes on the competence of various public authorities.
- Checks the constitutionality of the use of specific laws or norms in certain cases.
- Provides an interpretation of constitutional norms.
- Based on the request of the Federation Council, the Constitutional Court gives a conclusion on the charges of the President.
As we see, the represented judicial authority is an important link in the whole system, since it is in charge of the most specific issues.
The essence of magistrates
World instances are quite atypical in nature. However, it should be noted that there are no world courts in the Russian Federation today. But there are justices of the peace. They have related competence with departments of general jurisdiction and are bodies of first instance. But their activities are limited to a range of individual issues that they can consider. These are the following:
- Criminal cases in which the punishment is imprisonment of not more than three years.
- Cases arising from the need to issue a court order.
- Cases on the division of property between family members.
- Cases on property disputes, etc.
That is, the represented judicial authority exercises authority over the most insignificant proceedings.
Conclusion
So, we tried to analyze the judicial system in the modern Russian Federation. It should be noted that this sector is currently operating effectively. But this does not indicate a lack of need for modernization. After all, the judiciary and law are the two pillars on which, in essence, each state stands. Thus, the stronger they are, the more stable the internal state of the state.