The notion of judicial power. Bodies of judicial power in Russia. Powers of the judiciary
At all times, power in its true meaningwas the goal of dictators, peoples or ethnic communities. This is the benefit for which people have killed each other for centuries. For the sake of power, states collapsed and empires were built, tribes were destroyed, and peoples were reborn.
For a long time the concept of power was distorteddictators and the church. However, with the development of social relations and the society as a whole, this category begins to degenerate. The main push to change the structure and functional part of power was the law. Strangely enough, it also affected other social structures. With the development and gradual increase in the role of this design, the public consciousness begins to change beyond recognition. People are beginning to promote democratic ideas inherent in the people, not the oppressed flock!
Due to the existence of law and those benefits thatit brought, it becomes clear that power is not absolute. It depends on many factors. And the face of the ruler, the monarch and the leader is only a shell of the presented category. These peculiar dogmas were also reinforced by the principle of the separation of power into several components, one of which was the judiciary. Thus, the article will deal with the judicial branch, which has its own peculiarities, structure and subject composition.
Law as the main social regulator
In the academic environment, there are many disputes about the fact that,what power is and how it divides. Nevertheless, almost all scientists agree that this category comes first of all from the law. In this case, it implies a basic regulator of social relations. However, the notion of law is much broader. Thus, this category is a system of formally expressed, generally binding standards of conduct that are sanctioned by the state. In this case, a logical question arises as to how the notion of judicial power is related to law. The whole point is that the government as a whole exists and affects society only in the framework that is 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 mentionedthe system of norms has a number of characteristics characteristic only of 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 characteristics, but there are the most "classical" ones, namely:
- The obligatory nature, that is, the right extends its action to absolutely everyone without any exceptions.
- 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 the law as a whole.
- The right expresses the will and intellect of mankind.
- This system is hierarchical.
Thus, due to these signs, the right is allocated from among other regulators and retains the status of the main coordinator of public relations.
The notion of power
Before considering the concept and signsjudiciary, it is necessary to understand what the category is in general. After all, not everyone can explain its essence. Power, as a rule, refers to the possibility or the real ability of a person to impose his will on others. This does not take into account the will of people. That is, it is a real way to promote your ideas, principles and beliefs in the minds of others. In this case, the fact of what the authorities are building is not at all important. It 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 notion of state andJudicial power is, in fact, related concepts. However, the first term, in turn, is divided into three constituent elements, as will be indicated below. Thus, power is a theoretical category that characterizes the whole sphere of influence, and state power is practical, applied only in the context of governing the country and its population.
The principle of power sharing
In the state structure, power isan indispensable attribute. After all, it is on its basis that people are joining people around the ruling elite. However, with the development of democratic trends in Europe, principles were developed on the basis of which the capabilities of the above-mentioned leaders or a single leader were substantially limited. In other words, his power, in fact, was cut.
In this case, we are talking about a scientific approach toanalysis of the presented category. The state power began to be considered as an element from the people that must exist for its good. At the same time, the authorities should not be united. 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 is a specific political and legal scientific theory that the power should be divided into legislative, judicial and executive.
History of the emergence of
The principle of separation of powers was developed in ancient times. For example, already in ancient Rome, public administration was divided between consuls, the senate and comitia.
Thanks to this, each component of power wasis represented by a separate organization that did not have the right to usurp the general authority in any way. After the fall of the Roman Empire, the separation of powers began to speak in the time of the Enlightenment. This theory has been studied and modernized by scientists such as John Locke and Charles Louis Montesquieu.
Application of this principle found in manystates in the late XVIII - early XIX century. In the American environment, the principle has been substantially refined. "Founding Fathers" supplemented it with a vertical hierarchy. That is, the government was divided not only into 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 used for a long time, because in the time of the existence of the USSR it was recognized as purely "bourgeois." However, with the gradual "extinction" of totalitarianism and the development of democracy, Russia is gradually beginning to introduce generally accepted principles. For today in the Russian Federation the power is divided between legislative, executive and judicial branches.
The notion of judicial power
The judiciary is one of the branches, asalready mentioned earlier. It should be noted that the whole judicial system of Russia is built on the principles of this category. In the classical version, this category represents the ability of individual bodies to administer justice over persons who have committed offenses. But this function of the judiciary is not limited. Organs belonging to it, resolve disputes between citizens, and also consider situations with challenging the norms of certain acts, analyze the conformity of their provisions with the laws and the Constitution of Russia.
Only Russia can do justice in Russiabodies that are directly part of the judicial system. No other structures can implement punishments or resolve disputes between anyone. Therefore, the notion of judicial power includes several theoretical categories. First, the term characterizes the form of state dictate, and secondly - the system of special organs.
It should be noted that there are signs andprinciples 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 notion and signs of judicial power are terms,inextricably linked. In addition to this, the signs are fixed not just on the legislative, but on the constitutional level. Thus, the Basic Law of the Russian Federation lists the following features of the judiciary, namely:
- it is carried out exclusively by the courts;
- the judiciary is completely independent;
- its implementation occurs through the application of specific rules during administrative, criminal, civil or arbitration proceedings;
- the judicial system of the Russian Federation is a unified structure.
Structuredness of the judiciary
It should be noted that the last (indicated above) sign of the judiciary is divided into smaller starting points. The following points indicate the unity of this structure, for example:
- the principles of the judicial system are fixed in such a normative act as the Federal Law "On the Judicial System of the Russian Federation";
- all courts in the implementation of the proceedings use uniform rules;
- all judicial decisions necessarily have legal force in the territory of the Russian Federation;
- the status of judges is one for all.
Thus, the concept and attributes of judicial powerare an integral element in the analysis of this category. However, in addition to the characteristic features, there are also principles, the starting points of this type of management, which largely explain the work of the justice system in the Russian Federation.
Principles of the Judiciary
There are special provisions on the basis of whichthe judicial power in the Russian Federation is under construction. They are fixed in the provisions of different normative acts of both national and federal importance. Thus, it is possible to single out the following principles of judicial power, namely:
- The principle of legality lies in the fact thatthe bodies acted only within the framework of the current legislation. Thus, the powers of the judiciary are limited by the laws and the Constitution of the Russian Federation.
- The essence of the principle of independence and independenceis that the organs of the judiciary do not submit to any other branch. In other words, no bodies can exert pressure on the organs of justice.
- The judicial system of Russia is completely based on the principle of federalism. During the implementation of justice, the peculiarities of the territorial structure of the country also have significance.
- It should be noted that the Russian judicial system also has some special principles.
The concept and functions of the judiciary arecategories, which are quite strongly interrelated. Because in fact the directions of activity come out of the key term. Based on this fact, we can distinguish the following functions of the structure presented in the article. To date, the judiciary realizes the following functions:
- Judicial review. That is, the relevant authorities verify the legality of the use of coercive measures.
- Explanation of the rules of law.
- 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 judiciary of Russia are contained in such a normative act as the Federal Law "On the Judicial System of the Russian Federation".
Concept of the judicial system
In most cases, people do not understand that they arerepresents the judiciary and justice. In this case, we are not talking about a low level of legal culture. Just very often the legislative norms themselves are built 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-purpose bodies, which, based on the current legislation, are authorized to administer justice.
Subjects of the judicial system
To date, the judicial system of Russia consists of the following bodies:
- Federal courts.
- Courts of subjects of the Russian Federation.
Thus, only the above bodies have the right to carry out justice in the territory of Russia.
So, in the article the concept of judicialpower in the Russian Federation. It should be noted that this issue is constantly supplemented and theoretically rethought by scientists. After all, the legality of justice 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 particular sphere of life. Therefore, the scientific development of these categories is simply necessary to modernize the relevant legal relationships.