The court as an organ of the judiciary. Law enforcement authorities of the Russian Federation
At all times people were not a disparate mass. They always tried to unite in the formation. The first such structure was the tribal community. But it showed its inefficiency when it came to coordinating the activities of a large number of people. Thus, the society gradually began to create a new formation, which eventually turned into a state.
Of course, today such a socialstructure for anybody is not something supernatural. There are a lot of states in the world. But the regulation of the activity of such a large structure takes place 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 coordination of the functioning of a country are the law enforcement agencies. Among them, courts play a key role. In most countries, these departments represent a completely separate branch of government. Thus, the court, as an organ of the judiciary, 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 separationgovernment controlled. At one time it became a true innovation. He was invented during the New Time, when practically 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. Almost all modern states function on the basis of this principle. Judicial bodies are representatives of the branch of the same name.
Judicial branch - concept
As we found out, modern statesare built on the principle of separation of spheres of government. The judiciary in this case is one of the main branches. However, its subjects may not be all government bodies, but only those that have some special powers. With their help, a system of such departments can coordinate virtually all social relations. By its legal character, the judiciary is an enforcement field. Its main task - the resolution of certain issues arising in the process of the society. The main representatives of the branch in the Russian Federation are the courts and judges.
In fact, the corresponding branch is identical to the wholesystem of certain organs. That is, the courts - this is the judiciary, if you do not go into theoretical comprehension. Therefore, many concepts related to the branch can also be applied to organs that are its immediate implementers. Thus, there are the following functions of the court, namely:
- exercise control over the legality of coercive procedural measures;
- the organization of justice in the territory of the state, in our case RF;
- interpretation of legal norms;
- actual certification of legally significant facts;
- restriction of citizens of the Russian Federation in their legal personality on the basis of specific legislative norms.
These functions of the court concern exclusively the bodies of the Russian Federation. However, in most countries they are the same, with a share of small changes.
Principles of the activities of the courts and the judiciary
Any legal, political or other kindstructures in our and other state function on the basis of a number of certain principles, that is, the starting points. In Russia they are based in the main act of our state - the Constitution. According to its provisions, the court's activity is based on the following principles, namely:
- all the organs of the corresponding branch of power are completely independent and independent;
- their activities are realized through the application of legal norms in the framework of administrative, civil, criminal and other legal proceedings;
- the status of judges is unified throughout the territory of the Russian Federation;
- justice is exercised exclusively by the courts and no one else;
- the 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 to date. This is not surprising, since the organs of this branch are entrusted with a number of extremely serious functions.
Place of vessels in the Russian Federation
In fact, Russia is a classical representativeThe state in which the principle of division of spheres of management visually functions. The court, as an organ of the judiciary, is completely independent. However, due to various reasons, the executive branch in some cases still influences the activities of the institutions 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 courts system - general concepts
Virtually all organs belonging to that oranother branch of power, represent a single hierarchical system. In turn, the court and the judges working in them also enter into the law enforcement structure. Of course, their activities are subject to the norms of certain acts. First, the courts function within the framework of the Constitution and can not marry them. Secondly, the key act in the regulatory system is the Federal Law "On the Judiciary of the Russian Federation".
As for the very structure of organs, itis hierarchical. There are several lines of activity. That is, different courts have their own legal direction or jurisdiction, if we speak in plain language.
Two levels of functioning
It should be remembered that the court as a judicial bodypower can function on several levels of the state hierarchy. Given the structure of our country, we can distinguish two levels of activity, namely:
- level of subjects of the federation.
In accordance with this, the whole system of courts 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.
System of Justice
The organs of the branch mentioned in the article are located inhierarchical structure. It consists of a large number of departments of different functional orientation. Thus, the following courts are part of the national court system, namely:
- The Constitutional Court of the Russian Federation.
- Courts of general orientation, which are divided into two categories: the main link and military authorities.
- Arbitration bodies.
It should be noted that the composition of the court of eachorientation will be completely different. This aspect depends on the cases under consideration, the specifics of production, and so on. As for the division of all instances, it is, as a rule, carried out by territoriality and type of production. That is, the criminal process is the prerogative of courts of the general level, but all disputes of legal entities are considered in arbitration bodies.
General jurisdiction: features
The powers of a court of general jurisdiction arethat he can carry out activities in the civil, criminal and administrative proceedings. Citizens can apply to these bodies in the first instance, as well as appeals and appeals. The main link in the general jurisdiction is, of course, the district courts. It is worth noting that in some cases they can be appeals instances. This is possible in case of preliminary consideration of the case by a justice of the peace.
Appeals are bodiessubjects of the Russian Federation. Cassation review is carried out by the corresponding collegium 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, in their jurisdiction are also cases of a civil nature that arise from disputes between military personnel and directly by the Russian Ministry of Defense.
All economic disputes between legal entitiesconsider a separate line of bodies. The powers of arbitration courts are determined by the specifics of their cases. As a rule, they arise from administrative and civil legal relationships. The concept of an economic dispute in this case is the key. Since it characterizes the work of the 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. Subjects of such relations can also be citizens-entrepreneurs.
As for the system of arbitration courts, it consists of the following elements, namely:
- first instance at the district level;
- arbitration appeals;
- cassation instances of arbitration;
- Judicial board on economic disputes of the Supreme Court of the Russian Federation.
All the represented bodies exercise their powers everywhere. Since economic disputes often arise in modern life.
The Constitutional Court of the Russian Federation
The most "venerable", if I may say so,is an organ of the same name with the basic law. The Constitutional Court of the Russian Federation has quite specific powers. First of all, control functions are among its main functions. But there are other powers of the court.
- On the basis of the requests of representatives of the supreme bodies of power, the Constitutional Court can resolve questions about the compliance of certain normative acts with the provisions of the fundamental law.
- In the procedure of constitutional litigation, disputes are also resolved 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 order under the accusation of the President of the Russian Federation.
In addition, the above-mentioned instance can be the initiator of rulemaking. 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 bodypower is independent and independent. In his work, he implements specific functions aimed at resolving specific disputes and implementing legal responsibility.