Judicial authority: the concept, structure and functions

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2018-03-28 03:19:14

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Any state is a complex mechanism that functions due to its internal structure. But not always the country was in the form in which we are all accustomed to see them. A very long time instead of the state system on Earth there was tribal. He meant an unconditional authority of the leader over his subjects. But over time, it became clear that the tribal community in the spread has no control and coordinate the activities of a large number of people. That is needed to create more complex and effective structure. Such was the state.

To date every country – it's a complex political and legal structure, operating under the influence of a divided government. The last item is extremely important, because thanks to it really work or those other familiar bodies. Separation of powers implies the existence of three spheres, one of which is judicial. This branch is responsible for justice, and also has a number of characteristic features, principles of functioning, etc. In the Russian Federation there is also the judicial branch, the implementation of activities which takes place through special organs, as will be indicated below.on the judiciary

The Principle of separation of powers and the court

Many people wonder about how the judiciary, the basic concepts which will be presented later in the paper, corresponds with the principle of separation management in the state? The point is that this basic idea was developed during the time of the New time by Charles Louis de Montesquieu and John Locke. The principle implies the absence of unity of command in the process of coordinating the activities of the country. The authority should be divided among the three branches, namely: legislative, Executive and judicial. The last item assigned a really important function. Only in this industry allowed the administration of justice.signs of the judiciary

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The Concept mentioned branches

If we talk about the judiciary, in General, it is a system of organs, which are run only by inherent capabilities. This is not just a trend in this case and the principle, enshrined in many laws of different countries, including the Russian Federation. Thus, the court and judicial power – this is, in fact, a unified whole. Because the system of the relevant organs is the expression of the entire branch.

Signs of the judiciary

According to the global trend, the corresponding system authorities of the Russian Federation based on the principles that are generally accepted. In addition, the fundamental provisions enshrined in the one, Supreme in its legal effect the act – the Constitution of the Russian Federation. If we analyse principles of this branch of state activity, it is possible to highlight the most striking characteristics of the judiciary that characterize her as a truly unique industry. These signs include the following:

1) the Activity of the said nature is implemented exclusively by the courts.

2) Branch of government has complete autonomy from all other fields.

3) Have authority for the use of law in the context of processes of different nature (administrative, civil, criminal, etc.).

4) is Financed from the state budget.

5) judicial Decisions are obligatory for all in Russia.

These symptoms show the peculiarities of the system of courts in the Russian Federation. But to further understand the problems of implementing rights, it is necessary to understand the structure of this orientation.the court of first instance

The courts

The structure of the judicial bodies of the Russian Federation is a hierarchy that implements the right as you review the cases or the solution of certain disputes. To date, a system has established itself in Russia as well as possible. It effectively applies the right to all levels. While individually, the judicial authority has its jurisdiction, which is determined by its structural identity. Given this fact, we can distinguish the following system, namely:

1) the constitutional court of the Russian Federation.

2) Courts of General jurisdiction. This link consists of the military departments and the main link.

3) the Arbitration courts.

4) the disciplinary Authorities.

Each segment of the structure implementing its own powers, and also has a well-defined range of possibilities will be mentioned below.

General jurisdiction

The Court of first instance – the “close” a system of enforcement for ordinary citizens who need appropriate legal protection, or the decision of any dispute. In the process of General jurisdiction consider civil, criminal and administrative cases. It should be understood that the court of first instance – only a single link of the entire system of public bodies.constitutional court of the Russian Federation

If you have any questions, any person may apply to the district or local courts of a particular territorial location. These bodies operate in certain territories. In their keeping is not onlythe decision of certain disputes, but also the control of pretrial proceedings. This includes coordinating the assignment of preventive measures, such as detention, bail, etc.

Military Courts

In accordance with the legislation of the Russian Federation on the territory of the state has a system of military departments, who are authorized to dispense justice. As we understand, the scope of activities of these bodies is severely limited, although they are included in the structure of General jurisdiction. The judicial authority of military orientation deals exclusively with criminal cases that arose because of a crime committed by a person belonging to the Armed forces of the Russian Federation. In addition, the agencies are considering civil cases in which the subjects are the soldiers on the one hand and the Ministry of defence on the other.

The Courts of subjects of Federation

After the district authorities of the branches of government, are agencies of constituent entities of the state. These bodies are certainly a higher level in the hierarchy of courts of General jurisdiction. Thus, the cases the district authorities are subject to review in the courts of the Federation appeal. This ensures everyone's right to objective consideration of the case or resolve the dispute. The court of appeals engaged in judicial Board of the Supreme courts of the Federation.

Arbitration proceedings

In a separate court system in Russia consists of the arbitration Department. They, like other similar agencies, represent a hierarchical structure. It consists of arbitration courts of subjects of Federation, arbitration appeal courts and arbitration courts of districts. The first instance of these bodies is empowered to resolve disputes between entrepreneurs, and legal entities. In addition, arbitrations are also disputes, the subjects of which are mentioned persons and public authorities. At the same time such kind of case should arise in matters of administrative and civil proceedings.Supreme court the Supreme arbitration court

The Appellate tribunals exist to review the decisions of the courts of subjects of Federation the arbitration orientation. These authorities verify the legality of the activities of the subordinate departments, summarize the practice, analyze the statistics of this activity, etc. the Right for cassation appeal of arbitration cases is being implemented through actions in the district courts that direction. These are the tribunals of the districts.

Supreme court. The Supreme arbitration court

It Should be noted that right of appeal persons may appeal to the high court. Such today is the Supreme Court of the Russian Federation. In its composition there are special panels that dealt with particular cases. To date, there are:

1) the Board on administrative, civil and criminal cases. In fact, the Supreme court of the Russian Federation.

2) the Panel on military Affairs.

3) the Supreme arbitration court.

As we have seen, the Supreme Court is the Supreme body for different jurisdictions.

Constitutional court

The Most specific on today is the constitutional Court of the Russian Federation. This body has its own jurisdiction and a number of powers that are not inherent in other instances. It is the framework of constitutional control, which implements the power with the help of specific production. In its activity the constitutional court of the Russian Federation implements the following powers, namely:

- based On the requests of senior government officials and private bodies mentioned Department has the right to verify compliance with the Federal laws of the Constitution.local courts

- Resolves disputes on the competence of different public authorities.

- Checks the constitutionality of the use of specific laws or regulations in certain cases.

- Provides an interpretation of the constitutional norms.

based On the request of the Federation Council, the constitutional court gives its opinion on the accusation of the President.

As we have seen, represented the judicial authority is an important link in the whole system, as it has the most specific questions.

Justices

Quite atypical in their nature are global instance. However, it should be noted that magistrate courts in the Russian Federation today, no. But there are justices of the peace. They have competence with the offices of General jurisdiction are the authorities of first instance. But their activity is limited to a range of separate issues that they can consider. Those are the following:

- Criminal cases in which the punishment is imprisonment for not more than three years.

- Business arising from the necessity of issuing a court order.

- the case of the section of property between family members.cassation court

- cases of property disputes, etc.

That is presented to a judicial authority exercises the powers of the most minor trials.

Conclusion

So, we tried to analyze the judicial system in the Russian Federation. It should be noted that this sector is today implementing its activities effectively. But it is not evidence of absencethe need of modernization. After all, the judiciary and the right – these are the two pillars upon which, in fact, is each state. Thus, the stronger they are, the more stable inner state power.


Article in other languages:

AR: https://tostpost.com/ar/the-law/1158-judicial-authority-the-concept-structure-and-functions.html

BE: https://tostpost.com/be/zakon/1984-organ-sudovay-ulady-panyacce-struktura-funkcy.html

DE: https://tostpost.com/de/das-gesetz/1981-organ-der-judikative-konzept-struktur-und-funktionen.html

ES: https://tostpost.com/es/la-ley/1986-el-rgano-del-poder-judicial-concepto-estructura-y-funciones.html

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KK: https://tostpost.com/kk/za/1984-organ-sot-bil-g-t-s-n-g-rylymy-men-funkciyalary.html

PL: https://tostpost.com/pl/prawo/1987-organ-w-adzy-s-downiczej-poj-cie-struktura-i-funkcje.html

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UK: https://tostpost.com/uk/zakon/1986-organ-sudovo-vladi-ponyattya-struktura-ta-funkc.html

ZH: https://tostpost.com/zh/the-law/1236-judicial-authority-the-concept-structure-and-functions.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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