Judicial branch of the Russian Federation. Organization Basics and Workflow

Traditionally, all power in the country is divided into three branches. This is the legislative, executive and judicial branches.

judicial power of the russian federation
In our country, this provision is enshrined in the Constitution, namely in Article 10th. The legislative branch is mainly involved in the development of laws, and the executive ensures that these laws are implemented. A special place is given to the third branch. The judicial branch of the Russian Federation is independent and independent. It is carried out by the courts at two levels: federal and subjects. The judiciary is established by the Constitution in Chapter Seven and federal laws, such as the Federal Law “On Justices of the Peace,” the Federal Law “On the Status of Judges,” and so on.

The term "judicial power of the Russian Federation" itself can be interpreted in different senses: broad and narrow. Thus, this term sometimes refers to a specific court exercising its powers, the justice system in the country, or all courts. The judiciary of the Russian Federation is, by definition, a form of power. That is why it should be considered, starting from the understanding of the word "power". In accordance with this definition, the judiciary is not only organizations, institutions and persons with the right to conduct legal proceedings. It is also the functions that they carry with them, and the special legal status defined by the legislation of the Russian Federation.
constitutional foundations of the judiciary

The organization of the judicial system is determined by its foundations. Consider the constitutional foundations of the judiciary, which are the main principles of its activity. They can be found in the Constitution of the Russian Federation, in chapter seven. Legal proceedings in Russia are carried out on the principles of democracy, the equality of all before the court and the law, the rule of law, respect for the individual, openness, unity of the whole system, etc.

The Constitution establishes three types of legal proceedings on the basis of which its activities are carried out. These are criminal, constitutional and administrative proceedings. Federal law specifies each of the concepts and determines the courts that carry out a particular legal proceeding.

Criminal proceedings are carried out by the Supreme Court of the Russian Federation, the supreme courts of the republics, regional, military, district and regional courts. The same authorities hear civil and administrative cases. Such courts are also called courts of general jurisdiction.

legislative executive and judicial power
Particularly highlighted are constitutional proceedings. The judicial power of the Russian Federation confers such powers only on the Constitutional Court and the constitutional (charter) court of the republics. The first deals with a wide range of issues, the most important of which is the consideration of cases on the compliance of issued regulatory acts in the country with the Constitution of the Russian Federation. As for the second, he is primarily concerned with the consideration of requests for conformity of a normative act of a particular subject (the one in which the court is located) with the constitution of that subject.

So, the judicial branch of the Russian Federation is an independent, independent and separate branch of government, connected with the other two with the help of a system of checks and balances. It is carried out solely on the basis of regulations, is indivisible and is carried out through legal proceedings.

Source: https://habr.com/ru/post/F22100/


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