Justice is the main form of the implementation of the judiciary. Justice - the basic form of judicial authorities constitutional control

Justice is the highest jurisdictional activity carried out directly by the courts on behalf of the state, on the basis of the Constitution and the current legislation of the Russian Federation.

To determine the concept of justice, you must first of all establish distinctive features characteristic of this type of state activity.

The first distinguishing property of justice is its implementation only by the court. Justice has the right to implement the courts only in the Constitution and federal constitutional laws, which should exclude the possibility of assigning functions with other state bodies and public associations. And to implement justice to the right only judges endowed with the authorities and fulfilling their duties on a professional basis, as well as, as noted, representatives of the population in cases established by law cases.

The second distinctive feature of justice is the consideration of cases in a certain form, in accordance with the rules established by law. It occurs in the form of court sessions continuously, orally and openly. It participates parties endowed with equal rights to protect their interests.

The third distinguishing property of justice is that it can be carried out only by certain laws by the law, namely, by consideration and permission in court sessions in the law established by law.

The procedure for considering various cases in courts is referred to as legal proceedings. The Constitution of the Russian Federation provides four types of legal proceedings (part 2 of article 118): constitutional, civil, administrative and criminal. The federal legislation also knows arbitration proceedings.

The next distinguishing feature of justice is that this type of state activity can be carried out only in compliance with the special order (procedures), which is defined in detail by procedural legislation.

The procedural procedure of the trial is intended to create optimal conditions for establishing truth, ensure the validity and legality, objectivity and justice of court decisions, prevent and eliminate errors (the appeal system, the revision of the case on newly discovered circumstances, in the order of supervision, etc.) is an important guarantee of protection The rights and interests of the participants of the process. In the implementation of justice, the judges are obliged to be impartial and fair (Art. 8 of the Law on the Status of Judges).

The proceedings do not coincide with justice, which is the main form of the implementation of the judiciary, for the first can end and without the exercise of justice. Justice does not exhaust the entire amount of judicial activities.

Thus, justice is the law enforcement activities of the court for the consideration and resolution of civil and criminal cases, subordinate to the courts of administrative cases, as well as economic disputes in order to protect the rights and interests of citizens, organizations and the state.

The administration of justice is carried out on the basis of the principles of the independence of judges and the subordination of them only by law, the displaceability of judges, their integrity, openness of legal proceedings, competition and equality of the parties.

Ministry of Justice of the Russian Federation, its Sturkutra, the main tasks, powers and organization of activities.

The Ministry of Justice of the Russian Federation (Ministry of Justice of Russia) is a federal executive authority conducted by state policy and managers in the field of justice, as well as coordinating activities in this area of \u200b\u200bother federal executive bodies.

The legal basis for the organization of the Ministry of Justice of the Ministry of Justice is the Decree of the President of the Russian Federation of October 13, 2004 No. 1313 "Questions of the Ministry of Justice of the Russian Federation", which was approved by the Regulation on the Ministry of Justice of the Russian Federation.

The management of the Ministry of Justice of Russia is carried out by the President of the Russian Federation, coordinates its government of the Russian Federation. The Ministry of Justice is headed on the basis of uniqueness Minister of Justice, endowed with significant powers appointed to the position and dismissed by the President of the Russian Federation on the submission of the Chairman of the Government of the Russian Federation.

The Ministry of Justice of Russia, its territorial bodies, other bodies and institutions of justice, as well as organizations that ensure their activities form the ministry system. In each federal district, the federal departments of the Ministry of Justice of Russia for federal districts were formed, in 21 subjects of the Russian Federation, the main departments are operating, in 63 - management (departments) on the subjects of the Russian Federation.

In accordance with paragraph 5 of the Regulations on the Ministry of Justice of Russia, the following main tasks are assigned to it: the implementation of public policy in the field of justice; Ensuring the rights and legitimate interests of the individual and the state; providing legal protection of intellectual property; ensuring the established procedure for the activities of the courts; ensuring the execution of acts of judicial and other bodies; Ensuring the execution of criminal penalties.

In order to implement state policies in the field of Justice, the Ministry of Justice of Russia:

coordinates the rules of the federal executive bodies;

provides the activities of the Plenipotentiary Representatives of the Government of the Russian Federation in the State Duma and the Constitutional Court of the Russian Federation;

conducts legal expertise of bills and other regulatory legal acts endowed with federal executive authorities for consideration by the President of the Russian Federation and the Government of the Russian Federation, as well as regulatory legal acts of subjects for their compliance with the Constitution of the Russian Federation and federal laws;

carries out state registration of regulatory legal acts of federal executive bodies, as well as testing the selection of acts subject to state registration, and control over the correctness and timeliness of their publication;

leads the state register of acts of federal executive bodies and accounting of acts of subjects of the Russian Federation;

leads a federal register of regulatory acts of the constituent entities of the Russian Federation and conducts their legal expertise;

participates in the work on the conduct of a classifier of legal acts and the preparation of the Code of Laws of the Russian Federation;

examines the practice of applying the legislation of the Russian Federation in the field of justice;

participates in the development of the implementation of legal informatization programs;

carries out information support of the courts of general jurisdiction;

the annual reports to the President of the Russian Federation and the Government of the Russian Federation on compliance with state authorities and officials in the adoption of regulatory legal acts, on the status of work on the execution of acts of judicial and other bodies, executing criminal penalties.

The category "Justice" has long been known and legal science. The activity that was always the subject of close attention of scientists and was repeatedly subjected to research, but perhaps it was never defined unequivocally. The authors who addressed this concept were allocated as the most important ones of relevant activities, not covered by all the properties of this phenomenon.

Prior to the adoption of the current Constitution of the Russian Federation, justice was developed and was studied mainly at an angle of view of criminal procedure and civil procedural legislation. Despite the rather diverse formulations of the notion of justice, all the authors constructed that justice is: a type of state activities carried out only by the court with a binding compliance with the procedural form, by consideration at court sessions of civil and criminal cases.

Later, after the adoption of the current Constitution of the Russian Federation, justice began to characterize as a constitutionally enshrined, special form of state activities in the field of the implementation of the judiciary, expressing in the protection and protection of the courts of general and arbitration jurisdiction of the normal functioning of public relations, developing with the participation of citizens, enterprises and organizations and includes a judicial resolution mechanism of disputes on the right and other conflicts by sending civil, arbitration, criminal and administrative proceedings in order to restore and protect the legitimate rights and interests of a person and the entire civil society. The Constitution of the Russian Federation adopted in 1993 significantly changed the idea of \u200b\u200bjustice. First, consolidating the principle of separation of power into three branches, she for the first time along with justice uses the term "judicial power" and indicates that justice has a form of improving the judiciary.

Justice is a special type of legal activity, the implementation of which is assigned to the public and the state for the judiciary.

It is important to describe the main, very specific properties of justice from the point of view of traditional proceedings. First, the administration of justice in the context of complex and extensive legislation acquires some features of research work, on the one hand, the purpose of finding the truth, in other words, to a reliable establishment of facts, and on the other, it requires their exact legal assessment, which is achieved only by Careful analysis of the regulatory provisions derived from the entire set of existing sources of law. Secondly, the judicial activity is unthinkable out of compliance with strict procedural forms, whose violation can be the subject of a new trial. Thirdly, the consideration of controversial issues is a procedure that does not depend only on customers, because The latter do not use the absolute freedom of process management on their own initiative. Fourth, the most important principle that determines the consideration of controversial issues is the need for timely and most complete presentation of evidence. Fifth, the courts have complete jurisdiction in the sense that no other power bodies have the right to question the obligation of their execution.

The role and importance of justice is due to a number of factors. These include, above all, the fact that the administration of justice is closely related to making decisions on the fundamental issues of the implementation of socio-economic, political and personal rights and freedoms of man and citizen, the rights and legitimate interests of state and other organizations. It was justice that the decisive word belongs to the recognition of a particular person guilty of committing a crime and appointment of penalties or otherwise defined in the law, but at the rehabilitation of those who were illegally and unreasonably attracted to responsibility.

The same word belongs to him and in determining the legal consequences arising from the consideration of disputes between citizens associated with the implementation, say, labor, family, copyright, inventive, housing, other property or non-property rights provided by him. Justice is also a way to resolve disputes arising in the field of economic activity between state and non-governmental organizations, entrepreneurship persons.

The court decisions taken in the process or on the basis of the administration of justice and are often referred to in legal literature acts of justice, in accordance with legislation, are endowed with special properties. One of them is cope. It means, in particular, that the verdict, definition or resolution, which has come into force, is mandatory for all without exception of state authorities, local governments, public association, officials, other individuals and legal entities and are subject to execution throughout Russia.

Several otherwise, according to the law, the social and legal importance of court decisions on civil cases are determined: after entry into force, they are usually not automatically executed. For their implementation requires the will of a stakeholder or an occurrence of some other condition. But if, for example, such a volatility is expressed, the requirement of the execution of a court decision in a civil case becomes mandatory for all throughout the country.

The essence of justice, its role and importance at the same time manifests itself not only and not so much that it, being a leading and very responsible direction of law enforcement, is marked by the adoption of communicative solutions on fundamental issues. He is inherent in a number of other specific signs. These should be attributed, first of all, the fact that, according to the law, this type of state activity can be carried out only by specific methods, and not arbitrarily, at the discretion of some officials or bodies. And these methods law fixes quite definitely. Article 4 of the Law on Judiciation unambiguously says that justice should be carried out by:

• - consideration and permits at court sessions of civil cases on disputes affecting the rights and interests of citizens, enterprises, institutions and organizations;
• -Wemarks in court sessions of criminal cases and the application of punishment established by the law to persons guilty of committing a crime or justification are innocent.

Another distinctive feature of justice is that this type of state activity can be carried out in compliance with the special order (procedures), which is regulated in detail by law. Also applies to the distinctive features of justice, it is also that it can be carried out only by a special body - the court. No other organ or other official is entitled to perform this activity.

Taking into account the noted distinctive signs of justice, it can be determined as a law enforcement a law enforcement and resolution of civil and criminal cases in the steady compliance with the requirements of the law and the procedure established by it, ensuring the legality, validity, justice and the general obligation of court decisions.

Judicial power and justice are the concepts of related, close in content, but not identical. The judiciary is designed to enforce justice. Justice is a type of law enforcement agency for consideration and permit by the courts of criminal and civil cases in strict accordance with the law and the procedure established by it.

Signs of justice:

Making final decisions on the most important issues related to human rights and freedoms, the interests of society and the state (recognition of guilty or innocent, satisfaction or refusal to satisfy the claims);

Community force court decisions. The decision of the court (verdict, decree) is necessary for all state bodies, local governments, public organizations, officials, legal entities and individuals throughout the Russian Federation. Failure to fulfill the judgment entails the use of certain measures of state coercion (up to imprisonment);

Justice is carried out only by the court (judge);

Justice is carried out in strict accordance with the procedure established by the procedure and permission of criminal and civil cases. Law (Civil Procedure Code of the Russian Federation "SZ RF", 11/18/2002, N 46, Art. 4532, Criminal Procedure Code of the Russian Federation "SZ RF", 24.12.2001, N 52 (Part I), Art. 4921. Arbitration Procedure Code of the Russian Federation "SZ RF", 29.07.2002, N 30, Art. 3012.) Determines all the most important issues of the procedure for the implementation of justice: the legitimate composition of the court; persons participating in the court session, their rights and obligations; Stages of trial, etc.

Principles of justice

Justice in the Russian Federation is based on the principles reflecting the essence and objectives of the Democratic Legal State and enshrined in the Constitution of the Russian Federation (Ch. 7) and in the Federal Constitutional Law of December 31, 1996 "On the Judiciary of the Russian Federation".

Characteristics of individual justice principles:

1) the principle of legality is the adoption of only regulatory acts corresponding to regulatory acts with greater legal force and in compliance with the procedure established for their adoption, as well as strict and conscientious performance and compliance with the Constitution of the Russian Federation, laws and other regulatory acts by all state bodies, legal entities and individuals, etc.

2) the principle of compliance with the rights and freedoms of the individual in the implementation of justice. Legal guarantees of human rights involvement include: the right to life and the exceptional nature of the death penalty; In the implementation of justice, any actions that cause harm or human health or degrading (torture, torture, etc.) are prohibited; Special procedure for the production of actions that violate the inviolability of a person's privacy (extracting mail correspondence, listening to the phone, etc.); Kozlova E.I., Kutafin O.E. Constitutional law of Russia: textbook. Lawyer, M., 2008. P.248. inviolability of housing and a special procedure for the production of search; Establishing responsibility of guilty for violation of human rights and freedoms and citizen.

3) the principle of adventure justice only by the court. Justice in the Russian Federation is carried out only by the courts established in accordance with the Constitution of the Russian Federation and the Federal Law "On Judicial System of the Russian Federation". In the Russian Federation, it is not allowed to create other (including emergency) courts.

4) the principle of independence of judges. Judges, jury and arbitration

the assessors are independent and make decisions, guided only by law and their legal consciousness, without any influence on them from anyone (including the legislative, executive authorities, as well as higher courts). Independence guarantees of judges are provided by: the inviolability of judges; creating the bodies of the judicial community; material and social security judges; the right of referral judges; tough regulation of the procedure for the implementation of justice, etc.

5) The principle of legality, competence and impartiality of the court. This principle is intended to contribute to the right and equitable resolution of civil and criminal cases. The competence of the court is provided by establishing a rigid procedure for empowering judges, jury and arbitration and powers, including the definition of the requirements that candidates for these posts. Ensuring the consideration of the case by the appropriate court.

6) Equality of all before law and court. Equality of all before the law means the same application of the norms of the law to all persons: entalling them with the same rights, the imposition of the same duties and the uniform imposition of responsibility. Equality before the court involves an equal empowerment of all persons on the court in the same status (the plaintiff, the defendant, the defendant, the witness). Kozlova E.I., Kutafin O.E. Constitutional law of Russia: textbook. Lawyer, M., 2008. p.275.

7) The principle of adversaries and equality of the parties implies empowering parties to equal rights and opportunities to defend their rights and legitimate interests in the implementation of justice. According to B.N. Panteleeva, "the vertex of the development of legal proceedings is considered a" competing process ", which is characterized by at least the following signs: there is a complete replacement of completely absolutely equal parties to specially trained professionals." Panteleev B.N. Judicial system and public: cooperation strategies. - M., 2008. P.

8) The right of citizens to judicial protection guarantees the judicial protection of the rights and freedoms of the individual from the action (inaction) of state authorities, local governments, officials, public organizations that can be appealed to the court.

9) the presumption of innocence. Each accused of committing a crime is considered innocent, until his guilt will be proven in the procedure provided for by the Federal Law and established the judgment of the court that entered into legal force. The accused is not obliged to prove his innocence, and the investigator, the court is not entitled to impose responsibility for him to evincible. The unproved guilt is equal to proven innocence.

10) The principle of open proceedings. The trial of cases in all vessels is open. This means providing citizens who do not participate in the consideration of the case, the right to attend the court session, which increases the responsibility of all its participants and first of all the court.

11) The principle of the language proceedings. The proceedings in all courts are conducted in Russian, except for federal courts of general jurisdiction, where the proceedings can be conducted in their native language (a free translator can also be provided).

12) attracting citizens to the implementation of justice. Citizens are involved in justice as jurors, arbitration assessors whose legal status is enshrined by the Federal Law "On the jury meetings of federal courts of general jurisdiction in the Russian Federation" of 20.08.2004. "SZ RF", 23.08.2004, N 34, Art. 3528. And FZ "On the arbitration assessors of the arbitration courts of the constituent entities of the Russian Federation of 30.05.2001.

The main function of the judiciary is the implementation of justice. Justice in the Russian Federation is carried out only by the court represented by judges and the procedure attracted by law to implement the justice of jury and arbitration assessors. No other organs and persons have the right to take on the implementation of justice (Art. 118 of the Constitution of the Russian Federation, Article 1 of the Law on Judicial System of the Russian Federation). In accordance with the Russian Constitution (Article 18), all human rights and freedoms and citizen are provided by justice, so everyone has the right to apply for the protection of their rights and legitimate interests in court, which is guaranteed by law (Art. 46 of the Constitution of the Russian Federation).

Justice - consideration and permit at court sessions of civil, administrative, arbitration, criminal and other cases in order to protect the rights, freedoms and legitimate interests of the individual, society and states, legal entities and other organizations.

Departure of justice It is a special type of state power. Applying a general legal prescription (the rule of law) to specific circumstances of the case, the judge gives his own interpretation of the norm, makes a decision within the limits provided to him of the discretion "(paragraph 4 of the motivative part of the decision of the COP of the Russian Federation of January 25, 2001 N 1-P)

Legal proceedings - Consideration and permission of cases in courts in accordance with the procedure established by law, in a certain form, in accordance with the rules established by law.

In court sessions participate partiesendowed with equal rights to protect their interests (in civil proceedings - the plaintiff and the defendant their representatives in the criminal side of the accusation and protection).

The tasks of the proceedings areensuring the right and timely consideration and permission of subordinate legal cases to the courts in order to protect disturbed or disputed rights, freedoms and legitimate interests of a person, citizen, legal entities and their associations; Rights protected by law of the interests of the Russian Federation, subjects of the Russian Federation, municipalities, other persons who are subjects of civil, administrative and other legal relations. The court sessions are being completed, which are mandatory for execution throughout the Russian Federation.

Justice, in addition, should help strengthen the legality and law enforcement, the protection of the interests of society and the state, the prevention of offenses.

Basic (most important) signs of justice: Implementation of justice, specially created state bodies -Ads in the face of judges and attracted, in cases established by law, jury and arbitration assessors; justice is committed by certain methods established by law - consideration at court sessions of civil, criminal and other cases within the framework of the procedure prescribed by the law through constitutional, civil, administrative, arbitration and criminal proceedings; Court decisions have a mandatory nature for the execution by all officials, bodies, organizations and citizens in respect of which they are issued either by which are addressed.

The judiciary performs a number of functions.

1. !!! Exercise of justice

2. Constitutional control

3. Control over the legality of solutions taken by any authorities

4. Authorization of investigative actions and operational investigative activities, during which the rights and freedoms are restricted.

5. Control over the legality and validity of arrests, detentions made by the preliminary investigation authorities

6. Official (legal) interpretation of laws, as well as an explanation of judicial practice issues

7. Independence of the judiciary

8. The judge depends only on laws, legal conscience and conscience

9. The isolation of the judiciary means that the courts are autonomous including the courts directly and the system of organs ensuring functioning

10. Together with those, the withdrawal of the judiciary does not mean its isolation from other branches of power, it is interrelated and interacts both with legislative and executive power, so all the activities of the courts are based on the laws of the laws taken on the legislative bodies. The execution of court decisions is impossible without the close interaction of the judicial part of the executive in the person of the execution of punishment and the service of bailiffs.

Both legislative and executive bonds participates in the formation of the judiciary

9. Justice: concept and signs. Types of legal proceedings.

Justice is one of the most important functions of the judiciary.

Justice - The activities of the courts as specialized state bodies on reasonable and fair consideration and resolution of constitutional, civil, arbitration, criminal and administrative cases, carried out in a special procedural procedure in the steady compliance with the laws and the Constitution of the Russian Federation

Justice rightfully occupies a central place among the functions of the judiciary and in general law enforcement, as:

It is justice that puts the point in most legal entities.

The concept of justice among citizens is associated with such concepts as "justice", "legality", "validity"

Justice has signs:

- carried out only by the courts (special bodies of state authorities), represented by judges and the cases involved in the laws provided for by law (Art. 118 of paragraph 1);

- carried out in strict procedural form, formalized

through. constitutional, civil, criminal and administrative proceedings (Article 118 of claim 2);

- court decisionsentered into legal force required For execution for all officials, organs, organizations and citizens in the part, relate to them.

The proceedings are a special procedural form, within which justice is carried out.

Each of the named proceedings is regulated a codified procedural act (the Criminal Procedure Code, the Civil Procedure Code, the Arbitration Procedure Code) or the individual norms of a procedural nature in the material laws (FKZ "on the Constitutional Court of the Russian Federation", the Code of Administrative Offenses).

v. ! Civil cases - A wide and diverse range of disputes or offenses relating to property and some non-property rights and legitimate interests of individuals (Russian citizens, foreigners, individuals without citizenship), enterprises, institutions and organizations.

Among the cases of this category - Cases that have arisen in connection with the non-payment of some of the debt, failure to fulfill obligations under the contract concluded (let's say about the production or supply of some products, on the implementation of services), illegal dismissal from work, evictions from occupied by the housing, publishing in seals or other Mass media of discustering information, inappropriate performance of parental duties, etc.

v. !Criminal proceedings - A relatively limited circle of offenses, namely, those who are considered crimes, that is, those who are perpetrated by the socially dangerous acts prohibited by the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code) under the threat of punishment.

The trial of cases is Activities are highly responsible because it is recognition or non-recognition of a particular person to a criminal and application or non-imposition of criminal punishment (for example, fine, correctional work, imprisonment).

v. Affairs on Administrative Offenses, i.e. offenses, the responsibility for which is established by administrative legislation, which is primarily from the Code of the Russian Federation on Administrative Offenses (CACU), as well as the laws of the constituent entities of the Russian Federation corresponding to this Code.

10. The ratio of the concepts of "judicial authorities", "Justice", "proceedings".

It should be distinguished by the concepts of "justice", "judicial authorities", "legal proceedings"

Judicial branch - Independent branch of state power. The main purpose is the implementation of justice.

Justice - The main function of the judiciary, implies the activities of the court. His inherent a number of specific features (only by the court, procedural, decisions are required, within the framework of legal proceedings)

In the literature "Judicial power" is usually interpreted wider than "justice", which is defined as a "form of implementation of the judiciary" or "process" of its implementation.

Legal proceedings - A special procedural form, within which justice is carried out. Each of the named proceedings is regulated by the Code.

The value of legal proceedings To ensure the rights and legitimate interests of citizens, it is that the procedural procedure for consideration of the case is an important procedural guarantee of proper adventure of justice.

The difference of the content of the activities of the Constitutional Court of the Russian Federation from other vessels:

he controls the compliance of the NPA constitution, and they apply