Judicial system of the Russian Federation: concept, structure, basic functions
The judicial system is currently playinga key role in the realization of the idea of a law-based state in a society that seeks to assert itself as a democratic state. From the point of view of one of the main provisions of the theory of the separation of powers, which was formulated more than two hundred years ago by the French philosopher S. Montesquieu, it is the judiciary that must assume the function of monitoring compliance with legal acts. Moreover, it is this branch of power that is empowered to control that these legal norms do not contradict the basic law of the state.
Judicial system of the Russian Federation, as, indeed, allThe rest of the institutions of state power, in its activity relies on the Constitution. In accordance with this document, the main distinguishing features of this system are independence and independence from other state bodies. The main purpose of the courts is to administer justice in strict accordance with the basic procedural requirements.
Judicial system of the Russian Federation from the point of viewview of the interaction of the main components is a well-coordinated interaction of the three links - the main, middle and higher. At the same time, each link is a certain set of vessels performing the same powers. Accordingly, the first part of the judicial system includes the so-called first instance courts - the judicial bodies, which directly deal with the investigation, as well as the issuance of a sentence or ruling on the case.
The judicial system of the Russian Federation, in addition to the main courts,includes the cassation unit. The highest judicial bodies of the constituent entities of the Russian Federation are engaged in cassations, which, either by appealing to one of the parties to the process, can either leave the previous decision in its original form, or completely abolish it, or send it to a new investigation. In addition, mid-level courts can completely reverse the sentence or change it in favor of one of the parties.
The final link in the judicial system of ourStates are appellate courts. The main difference between the appeal and the cassation complaint is that the case is only reviewed on the merits, rather than on individual issues.
The judicial system of the Russian Federation is inconceivable without its maincore - the Constitutional Court of the Russian Federation. This body not only nominally heads this entire branch of power, its decisions on certain issues set the vector for the development of the whole society. From the point of view of its structure, the Constitutional Court of the Russian Federation consists of nineteen judges, each of whom, in order to take up this post, had to carry out legal activity for at least 15 years, have an impeccable reputation and undergo a thorough selection.
The main function of the Constitutional Court is related to theanalysis of cases of compliance with the Constitution of certain legal acts of executive or legislative authorities, as well as clarifying the issue of the constitutionality of laws that have already entered into force or are only subject to enforcement. In addition, the Constitutional Court has the right to interpret the Constitution, and also works on collective and individual requests of citizens.
Thus, the judicial system of the Russian Federationa complex set of judicial institutions whose main function is to monitor compliance with the law in the territory of Russia, in the administration of justice and the supervision of the activities of officials.
