At all times, people were not a fragmented mass. They always tried to unite in a formation. The first such structure was the tribal community. But she showed her inefficiency when it came to coordinating the activities of a large number of people. Thus, society gradually began to create a new formation, which eventually turned into a state.
Of course, to date, such a social structure is not supernatural for anyone. There are a large number of states in the world. But the regulation of the activity of such a large structure occurs through power, that is, a real opportunity to influence the actions of society. It manifests itself in different variations. Of great importance in the process of coordinating the functioning of a country are law enforcement agencies. Among them, the courts play a key role. In most countries, such departments represent a completely separate branch of government. Thus, the court, as a judicial authority, is endowed with a large number of characteristic features. We will try to consider them using the example of the judicial system of the Russian Federation.
Justice and separation of powers
As we know, there is a principle of separation of government. At one time, it became a real innovation. It was invented in the New Age, when almost the whole world was immersed in the fire of the revolution. The main task of people at that time was the development of a fundamentally new model of the political and legal structure of the state, which was supposed to exist for citizens. Given these trends, two thinkers - John Locke and Charles-Louis de Montesquieu, are developing the principle of separation of powers. According to him, all public administration is divided between the legislative, executive and judicial branches. On the basis of this principle, almost all modern states function. Judicial authorities are representatives of the same branch.
Judicial branch - concept
As we found out, modern states are built on the principle of separation of management spheres. The judiciary in this case is one of the main branches. At the same time, not all state bodies can be its subjects , but only those that have some special powers. With their help, a system of such departments can coordinate almost all public relations. According to its legal characteristics, the judiciary is a law enforcement sphere. Its main task is to resolve certain issues that arise in the process of society. The main representatives of the branch in the Russian Federation are the courts and judges.
Branch Functions
In fact, the corresponding branch is identical to the whole system of certain organs. That is, the courts are the judiciary, if you do not go into theoretical considerations. Therefore, many concepts related to the branch can also be applied to the organs that are its direct implementers. Thus, the following court functions exist, namely:
- exercising control over the legality of procedural coercive measures;
- organization of justice in the territory of the state, in our case, the Russian Federation;
- interpretation of legal norms;
- actual evidence of legally significant facts;
- restriction of citizens of the Russian Federation in their legal personality on the basis of specific legislative norms.
These court functions relate exclusively to the authorities of the Russian Federation. However, in most countries they are the same, with some minor changes.
The principles of the courts and the judiciary
Any legal, political or other kind of structure in our and other state functions on the basis of a number of certain principles, that is, the initial provisions. In the Russian Federation they are based in the main act of our state - the Constitution. According to its provisions, the activities of the court are based on the following principles, namely:
- all bodies of the corresponding branch of power are completely independent and independent;
- their activities are implemented through the application of legal norms in the framework of administrative, civil, criminal and other legal proceedings;
- the status of judges is single throughout the Russian Federation;
- justice is administered exclusively by the courts and no one else;
- organization of a court of any jurisdiction is carried out at the expense of the state budget.
These principles show the development of the judicial sector in the Russian Federation today. This is not surprising, since a number of extremely serious functions are entrusted to the organs of this branch.
Place of courts in the Russian Federation
In fact, Russia is a classic representative of the state in which the principle of separation of management spheres is visually functioning. The court, as a judicial authority, is completely independent. However, for various reasons, the executive branch in some cases still affects the activities of departments administering justice. This negatively affects the legal policy of the state and the life of the population. In addition, this fact is evidence of the need for certain reforms.
Russian court system - general concepts
Almost all bodies belonging to one or another branch of government represent a single hierarchical system. In turn, the court and the judges working in them are also part of the law enforcement structure. Of course, their activities are subject to the norms of certain acts. Firstly, the courts operate within the framework of the Constitution and cannot go beyond them. Secondly, the Federal Law “On the Judicial System of the Russian Federation” is a key act in the regulatory system.
As for the structure of organs itself, it is hierarchical. However, there are several lines of activity. That is, the various courts have their own legal orientation or jurisdiction, in simple terms.
Two levels of functioning
It should be remembered that the court as a judicial authority can function at several levels of the state hierarchy. Given the structure of our country, two levels of activity can be distinguished, namely:
- federal;
- level of subjects of the federation.
In accordance with this, the entire ship system in Russia is being built. At the same time, there is also a national level, but this is already the sphere of activity of higher authorities.
Justice system
The organs of the branches mentioned in the article are arranged in a hierarchical structure. It consists of a large number of departments of different functional orientations. Thus, the following bodies are included in the national court system, namely:
- Constitutional Court of the Russian Federation.
- General courts, which are divided into two categories: the main link and the military.
- Arbitration bodies.
It should be noted that the composition of the court of each orientation will be completely different. This aspect depends on the cases under consideration, production features, etc. As for the separation of all instances, it is usually carried out according to territoriality and type of production. That is, the criminal process is the prerogative of general courts, but all disputes of legal entities are considered in arbitration bodies.
General jurisdiction: features
The powers of a court of general jurisdiction are that it can carry out activities in the framework of civil, criminal and administrative proceedings. Citizens can apply to these bodies in the first instance, as well as appeals and cassations. The main link in general jurisdiction is, of course, the district courts. It is worth noting that in some cases they can be an appellate court. This is possible in the event of a preliminary trial by a justice of the peace.
Appeal instances are the bodies of the constituent entities of the Russian Federation. The cassation review is carried out by the relevant board of the Supreme Court of the Russian Federation. General jurisdiction also includes military authorities. These courts operate in the Armed Forces. They implement specific tasks. The basis of their activities are crimes committed by representatives of the Armed Forces of the Russian Federation. In addition, they are also responsible for civil matters that arise from disputes between military personnel and the Russian Ministry of Defense directly.
Arbitration industry
All economic disputes between legal entities are considered by a separate line of bodies. The powers of the arbitration courts are determined by the specifics of their cases. As a rule, they arise from administrative and civil legal relations. The concept of economic dispute in this case is the key. Since it characterizes the work of a whole system of organs. The economic dispute in this case is a certain kind of disagreement between persons who participate in economic life and are legal. Entrepreneurs may also be subjects of such relations.
As for the system of arbitration courts, it consists of the following elements, namely:
- first instance at the district level;
- arbitration appeals;
- Arbitration cassation instances;
- judicial board on economic disputes of the Supreme Court of the Russian Federation.
All represented bodies exercise their powers everywhere. Since economic disputes often arise in modern life.
Constitutional Court of the Russian Federation
The most “venerable”, so to speak, organ of the same name with the basic law. The Constitutional Court of the Russian Federation has quite specific powers. First of all, its main functions include control. But there are other powers of the court.
- On the basis of requests from representatives of the highest authorities, the Constitutional Court may decide on the conformity of certain normative acts with the provisions of the main law.
- The constitutional proceedings also resolve disputes on the competence of state authorities.
- This instance gives an official interpretation of the provisions of the Constitution.
- The Constitutional Court has the right to put forward its opinion on the correctness and observance of the order when accusing the President of the Russian Federation.
In addition, the said authority may be the initiator of rule-making. The composition of the court of constitutional jurisdiction includes nineteen members.
Instead of an afterword
So, we found out that the court as a judicial authority is independent and independent. In his work, he implements specific functions aimed at resolving specific disputes and implementing legal liability.