Judiciary in the Russian Federation. Constitutional law The system of judicial power in the Russian Federation briefly

Main questions

1. The concept of the judiciary

2. Signs

3. The principles of the judiciary

The judiciary is the power exercised by the courts to influence the behavior of people and social processes through the use of legal measures. The judiciary is not a body or an official, but a function performed. In accordance with Part 2 of Art. 118 of the Constitution of the Russian Federation "judicial power is exercised through constitutional, civil, administrative and criminal proceedings." The subject of the judiciary is the court, which has exceptional opportunities and abilities to influence the behavior of people.

Litigation, i.e. the procedure for considering cases by the courts consists in a strict procedure established by law for conducting a trial, guaranteeing the rights and freedoms of the participants in the process in general and the individual, in particular, their full equality, publicity, legality and fairness of court decisions.

The most important function of the judiciary is the administration of justice, i.e. the right to judge.

Judicial power is based on law and is exercised through the application of law to resolve specific situations that arise in society and require the intervention of the court.

The judiciary has a number of distinctive features:

· It is carried out only by courts represented by judges and jurors and arbitration assessors involved in the procedure established by law in the administration of justice. No other bodies and persons have the right to take over the administration of justice;

complete independence and separation from the legislative and executive authorities;

carried out through constitutional, civil, administrative and criminal proceedings;

sublegality, due to which judges, when deciding any case or issue of their competence, are guided only by the law;

law enforcement character: the court does not issue laws, but applies them to specific facts and circumstances;

exclusivity, i.e. the possibility of a second consideration and resolution of the case by anyone after the entry into force of the judicial act is not allowed;

The fullness of power is expressed in the legislatively enshrined broad powers of courts and judges, both in resolving a wide variety of legal disputes and issues, and in applying state coercion measures to offenders, up to the most severe and exceptional.

The specificity of the judiciary is the procedure established by law for the administration of justice. This order is strictly regulated. The main purpose of this is to ensure a lawful, reasoned and fair decision.

Types of court proceedings:

1. Criminal proceedings - regulated by the Code of Criminal Procedure of the Russian Federation dated December 18, 2001 No. 174-FZ.

2. Proceedings in cases of administrative offenses under the jurisdiction of the courts are regulated by the Code of Administrative Offenses of the Russian Federation dated December 30, 2001 No. 195-FZ.

3. Civil proceedings - regulated by the Civil Procedure Code of the Russian Federation dated November 14, 2002 No. 138-FZ.

4. Arbitration proceedings - regulated by the Arbitration Procedure Code of the Russian Federation dated July 24, 2002 No. 95-FZ

5. Constitutional proceedings - regulated by the Federal Constitutional Law "On the Constitutional Court of the Russian Federation" dated July 12, 1994 No. 1-FKZ.

The judicial system of Russia is built on the basis of the following principles of the country's judicial system:

1. The principle of legislative regulation of the judiciary of the country is expressed in the fact that the judicial system of Russia is established by the Constitution of the Russian Federation and the Federal Constitutional Law “On the Judicial System of the Russian Federation”, 1996 No. 1-FKZ.

2. The principle of the unity of the judicial system is ensured by:

establishment of the judicial system by the Constitution and the Federal Law “On the judicial system Russian Federation»;
observance by all courts of the rules of the judiciary established by federal law;
application by all courts of the Constitution, federal constitutional laws, federal laws, generally recognized principles and norms international law and international treaties of the Russian Federation, as well as constitutions (charters) and other laws of the constituent entities of the Russian Federation;
recognition of the mandatory execution throughout the territory of the Russian Federation of court decisions that have entered into force;
legislative consolidation of the unity of the status of judges;
financing courts from budgets.

3. The principle of vertical connection of homogeneous courts is expressed in the fact that the courts of general jurisdiction and arbitration courts are organizationally and functionally interconnected.

4. Organizational relations are regulated by the legislation on the judicial system, and functional - by the legislation on legal proceedings.

5. The Russian judicial system is built taking into account the federal, national-state and administrative-territorial structure and division of the country.

The judicial system of Russia also includes the issue of judicial instances.

The judiciary is the court or its structural subdivision(board, presidium), performing any function related to the resolution of court cases or verification of the legality and validity of court decisions.

The court of first instance is a court of any level, authorized to decide on a specific case (criminal or civil). The content and limits of competence are established by the current legislation.

Court of second instance (cassation) - this function is carried out by judicial boards of courts of general jurisdiction, as well as federal arbitration courts of districts. The cassation instance checks the legality, validity and fairness of sentences and other decisions of the courts of the first and appellate instances that have not entered into force (in arbitration courts that have entered into force).

Court of Appeal - introduced by the Law "On Arbitration Courts in the Russian Federation" dated April 25, 1995. This is a new, re-consideration of an arbitration case that has not entered into force, by the same arbitration court in a collegiate composition of judges. The appellate instance was also introduced in the courts of general jurisdiction by the Federal Law “On Justices of the Peace in the Russian Federation” dated December 17, 1998 and the Code of Criminal Procedure of the Russian Federation of 2001.

The appeal consideration of the case in the courts of general jurisdiction should be carried out by the district (city) court. The Court of Appeal is superior to the Justice of the Peace.

Supervisory instance - verification of the legality, validity and fairness of the sentence and other court decisions that have entered into force. Supervisory authorities are:

Presidiums of middle-level courts of general jurisdiction;

Collegia and Presidium of the Supreme Court of the Russian Federation;

for military courts, the supervisory authority is the presidium of the district (naval) court, Military College and the Presidium of the Supreme Court of the Russian Federation;

· for arbitration courts of the Russian Federation - the Presidium of the Supreme Arbitration Court of the Russian Federation.

The main task of the supervisory authority is to verify the legality, validity and fairness of all types of court decisions that have entered into force, as well as the resumption of criminal proceedings due to new or newly discovered circumstances.

In civil and arbitration cases, proceedings due to new or newly discovered circumstances are usually carried out by the same courts that issued the decision under review.

Concept of justice

Justice is the activity of an independent court for the proper consideration and resolution of criminal, civil and other cases and legal issues in a procedural manner and the application, on the basis of the law, of state coercion against offenders or the acquittal of the innocent in order to strengthen law and order, prevent offenses, protect against any encroachment of the constitutional order, the rights and interests of citizens, organizations, society and the state.

The specific position of the court in the system of state bodies makes it possible to single out a number of characteristic features that distinguish justice from other forms of state activity.

1. Justice is carried out only by the court (Article 118 of the Constitution).

From this principle of judicial activity it follows that in Russian state no body or public organization, except for the court, are not competent to deal with court cases.

2. Justice is carried out only in the ways specified in the law, i.e. through constitutional, civil, administrative and criminal proceedings.

The court, in a special manner, exercises the law enforcement function of the state in order to restore the violated legality, protect the rights and interests of the state, organizations and citizens.

Criminal cases in connection with the crimes committed are initiated by the prosecution and investigative bodies and, after the investigation is carried out, are transferred to the court for their consideration on the merits. The court in the verdict condemns or acquits the persons brought to criminal responsibility.

Civil cases are initiated, as a rule, by an interested person - the plaintiff, who files a lawsuit against the defendant who has violated the rights and interests of the plaintiff. The court satisfies the claim or rejects it in whole or in part.

3. Justice is law enforcement in nature and is administered by an independent court on the basis of the law and in strict accordance with it.

The subordination of judicial activity is distinguishing feature justice and at the same time is the principle of the organization and activities of the court. It consists not only in the implementation of judicial consideration of cases in accordance with the law, but also in the application of the norms of criminal, civil and other branches of substantive (as opposed to procedural) law to specific factual circumstances. At the same time, the norms of civil law determine the nature of the legal relations of the disputing parties in a civil case, and the norms of criminal law determine the criminal nature of an act in a criminal case.

Consequently, the court by its acts does not create either the norms of law or the subjective rights and obligations of specific persons. In the administration of justice, he applies the law to specific circumstances and draws a conclusion in a civil case about the presence or absence of subjective rights and obligations of interested parties, and in a criminal case - about the criminal nature of the offender's acts and about responsibility for them.

The subordination of judicial activity, which does not allow arbitrary judicial discretion and the decision of the case for reasons of expediency, is a hallmark of justice.

4. Justice is carried out in a procedural form.

Judicial activity is connected with the study of factual data, materials, evidence, with the interrogation of a significant number of persons, the need to ensure their rights when participating in a case. All this serves as a guarantee of a legitimate and reasoned decision. Therefore, the activities of the court in the trial of cases (civil, criminal and others) are strictly regulated by procedural legislation. Thus, justice is carried out in a manner determined by law - in the form of a trial. When considering criminal cases, the court is guided by the criminal procedural legislation, the proceedings and resolution of civil cases are regulated by civil procedural legislation.

The procedural legislation provides for all actions of the court and other participants in the process. The court is obliged not only to comply with the provisions of the law itself, but also to ensure their observance by all persons participating in the case (the defendant and the public prosecutor, defense counsel, plaintiff, defendant and their representatives, witnesses, experts, translators, etc.). Violation of the norms of procedural law may lead to the issuance of an unjust decision, and consequently, to its cancellation by a higher court.

The procedural form of justice significantly distinguishes the latter from the work of any other state bodies. The activities of the court and all participants in legal proceedings are carefully and comprehensively regulated by procedural legislation and proceed in a strictly defined form. The procedural legislation allows interested parties to participate in the trial of a case and gives them wide procedural rights, using which they actively protect their legitimate rights and interests.

The procedural legislation also regulates the part of the trial of the case related to the analysis of materials and evidence. The procedural law, in particular, provides for sources, means of judicial proof, types of evidence, the procedure for studying, analyzing and evaluating them according to the inner conviction of judges, based on a comprehensive, complete and objective consideration of all the circumstances of the case in their totality and in accordance with the law and judicial legal consciousness . This provides a procedure for judicial examination of the case materials, which gives the court the opportunity to understand the crime or civil dispute and establish the objective truth in the case.

5. As a result of the administration of justice, the court decides a specific case and, if there are grounds, applies state coercion provided for by law.

By law, only the court has the right to apply state coercion for committed crime. Convicting the defendant in a criminal case, the court thereby applies to him a certain measure of state coercive influence within the limits of the sanctions of the criminal law. The coercive nature of judicial activity is also manifested in civil proceedings. Satisfying the claim or denying it, the court compels, respectively, the defendant or the plaintiff to proper behavior within the framework of this civil legal relationship, to conscientious performance of duties.

It follows from the foregoing that the use of coercion is the main and ultimate goal of judicial activity. The purpose of state coercion is to provide the maximum educational impact both on persons who have committed an offense and fell into the sphere of judicial activity, and on all citizens.

The stated concepts and signs of justice clearly distinguish it from other forms of state activity - legislative, executive, prosecutorial supervision.

In accordance with Russian legislation on the judiciary, the activities of the court in the administration of justice are aimed at strengthening the rule of law and order, preventing crimes and other offenses, and have the task of protecting against any encroachment:

enshrined in the Constitution of the social and state system of Russia, its political, economic and social systems;

socio-economic, political and personal rights and freedoms of citizens proclaimed and guaranteed by the Constitution and laws;

rights and legitimate interests of enterprises, institutions and organizations, their associations, public organizations.

Questions and tasks for discussion:

1. Name the three subsystems of federal courts

2. What is a link in the judicial system

3. Which courts are included in the system of courts of general jurisdiction

The judicial system is a set of all courts operating in the Russian Federation in accordance with its Constitution, united by the unity of the tasks of the judiciary, the principles of organization and activity of the courts, built taking into account the federal and administrative-territorial structure of the state.

The unity of the judicial system of the Russian Federation is ensured by:

establishment of the judicial system of the Russian Federation by the Constitution of the Russian Federation and the Federal Constitutional Law on the Judicial System of the Russian Federation;
observance by all federal courts and justices of the peace of the rules of procedure established by federal laws;
application by all courts of the Constitution of the Russian Federation, federal constitutional laws, federal laws, generally recognized principles and norms of international law and international treaties of the Russian Federation, as well as constitutions (charters) and other laws of the constituent entities of the Russian Federation;
recognition of the obligatory execution throughout the territory of the Russian Federation of court decisions that have entered into force;
legislative consolidation of the unity of the status of judges;
financing of federal courts and justices of the peace from the federal budget.

According to the procedural competence, the courts are divided into courts of first instance; courts of the second (cassation) instance; supervisory courts.

The judicial authority is the court (or its structural subdivision) that performs one or another judicial function related to the resolution of court cases (making a decision on the merits of the case, verifying the legality and validity of these decisions).

The autonomy of the judiciary implies the existence of its own system of bodies structurally organized into a single mechanism and empowered to carry out the functions of state power on behalf of the Russian Federation.

The current Constitution of Russia, establishing the judiciary, determined the main parameters of the system of its bodies recognized to administer justice. In particular, it contains a provision on the procedure for establishing the judicial system (Article 118, paragraph 3) and a rule on the establishment of the highest courts of Russia (Article 125, establishing the Constitutional Court of the Russian Federation and establishing the basis for its status and powers; Article 126 on the establishment of the Supreme Court of the Russian Federation as the highest judicial body in civil, criminal, administrative and other cases, within the jurisdiction of courts of general jurisdiction, Article 127, which establishes that “The Supreme Arbitration Court of the Russian Federation is the highest judicial body for resolving economic disputes and other cases).

The structure of both the judicial system as a whole and the composition of its individual elements and subsystems is established by federal constitutional legislation, the adoption of these constitutional norms as a development. These are the laws “On the Judicial System of the Russian Federation”, “On Arbitration Courts in the Russian Federation”, “On the Constitutional Court of the Russian Federation”, “On Military Courts of the Russian Federation”, “On Justices of the Peace in the Russian Federation”. However, the legal regulation of the organization of the system of bodies exercising judicial power has not been completed to date. Thus, we can say that the judicial system of the Russian Federation today has a complex developed structure, which is formulated according to the principles of specialization and (constitutional courts, arbitration courts and courts of general jurisdiction) and the principles of state-territorial subordination (federal courts and courts of the subjects of the Russian Federation).

According to the Constitution of the Russian Federation (Article 118, paragraph 2), judicial power in the Russian Federation is exercised through four types of legal proceedings - constitutional, civil, administrative and criminal.

Each of these types has its own set of procedural rules established by law.

It follows from this that not a single court that is part of the judicial system of the Russian Federation can be established by any legal act, except for the federal constitutional law. Consequently, they cannot create special judicial systems and subjects of the Russian Federation, since this would lead to a violation of the unity of the judicial system of the country.

Of course, in the territories of the constituent entities of the Russian Federation there are judicial bodies of general and arbitration jurisdiction, but they are built on the uniform principles of the entire federal judicial system and the recognition of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation as the highest judicial authority. Therefore, these courts are called federal courts.

Currently, the judicial system of the Russian Federation consists of the following courts:

constitutional justice. It includes the Constitutional Court of the Russian Federation, as well as constitutional and statutory courts in the constituent entities of the Russian Federation, which, however, do not constitute a single system with the federal Constitutional Court.
Courts of general jurisdiction. They include the Supreme Court of the Russian Federation, supreme courts republics, regional and regional courts, courts of the autonomous region and autonomous regions, city courts of Moscow and St. Petersburg, district courts, as well as military courts (in garrisons, armies, flotillas, etc.). They administer justice in criminal, civil cases and cases arising from administrative offenses.

Judges of general jurisdiction of the constituent entities of the Russian Federation are magistrates who, within their competence, consider civil, administrative and criminal cases as a court of first instance. The powers and procedure for the activity of a justice of the peace are established by federal law and the law of a constituent entity of the Russian Federation.

arbitration courts. This system includes the Supreme Arbitration Court of the Russian Federation, federal arbitration courts of districts, arbitration courts of republics and other subjects of the Russian Federation. They administer justice by resolving economic disputes and adjudicating a number of other cases.

For Russia in modern conditions the judiciary is extremely important. But it is important not only for its existence, but for its validity and applicability in real life our society.

The Constitutional Court of the Russian Federation, courts of general jurisdiction, and arbitration courts are three parts of the general judicial system that are absolutely independent from each other. All of them have general tasks for the protection of the constitutional order, political and economic systems, ensuring law and order, protecting the rights and interests of citizens.

Analyzing the judiciary in modern Russia and the basis of the activities of the courts of the Russian Federation, it can be said that on present stage development of domestic legal proceedings, the court has all the necessary powers and tools to fulfill its primary tasks - to protect the constitutional foundations of the social system and the rights of Russian citizens. But still, the judiciary and the documents that regulate it are still far from perfect.

Literature:

Constitution of the Russian Federation of December 12, 1993 // Russian newspaper. - 1993. - 25 Dec.
Lazareva V.A. Judicial power and criminal justice / V.A. Lazareva // State and Law. - - No. 5. - S. 49-50.
Galuzo V.N. The system of law enforcement agencies of Russia / V.N. Galuzo. - M .: UNITI: Law and Law, 2000. - S. 47-49.
On the judicial system of the Russian Federation: Federal Constitutional Law of December 31, 1996. No. 1-FKZ // SZ RF. - 1997. - No. 1; On Arbitration Courts in the Russian Federation: Federal Constitutional Law of April 28, 1995. No. 1-FKZ // SZ RF. - 1995. - No. 18; On the Constitutional Court of the Russian Federation: Federal Constitutional Law of July 21, 1994. No. 1-FKZ // SZ RF. - 1994. - No. 13; On the military courts of the Russian Federation: Federal constitutional law of June 23, 1999. No. 1-FKZ // SZ RF. - 1999. - No. 26; On Justices of the Peace in the Russian Federation: Federal Law of 17 Dec. 1998. No. 188-FZ // SZ RF. - 1998. - No. 51.

The Constitution establishes three mandatory requirements for candidates for the position of a judge: reaching the age of 25, having a higher legal education and at least five years of work experience in the legal profession.

The judicial system of the Russian Federation includes federal courts: the Constitutional Court of the Russian Federation, the system of courts of general jurisdiction headed by the Supreme Court of the Russian Federation, the system of arbitration courts headed by the Supreme Arbitration Court of the Russian Federation.

The jurisdiction of the Constitutional Court of the Russian Federation includes the consideration of individual or collective complaints of citizens about the violation of their constitutional rights and freedoms through the application of unconstitutional normative legal acts.

The Constitutional Court resolves disputes on competence:

between federal government bodies;
between the authorities of the Federation and the subjects of the Russian Federation;
between the highest state bodies of the constituent entities of the Russian Federation.

The Constitutional Court of the Russian Federation has the right of legislative initiative and may State Duma draft law on the subjects of its jurisdiction. For example, the Constitutional Court of Russia acted as the author and initiator of the Federal Constitutional Law, which regulates the procedure for its organization and activities.

Important is the power of the Constitutional Court of Russia to interpret the Constitution of the Russian Federation. A significant part of the articles of the Russian Constitution has already been interpreted by this body. So, for example, the Constitutional Court of Russia gave an interpretation of the articles of the Constitution of the Russian Federation on the procedure for changing the articles of chapters 3 to 8 of the Constitution of Russia. Later, the said Resolution of the Constitutional Court of the Russian Federation became the basis of the Federal Law No. 33-FZ dated March 4, 1998 “On the procedure for amending the Constitution of the Russian Federation”.

The Constitutional Court of the Russian Federation participates in the removal of the President of the Russian Federation from office.

Place of the Supreme Court of the Russian Federation in the system of courts of general jurisdiction

Courts of general jurisdiction carry out criminal, administrative and other types of legal proceedings. The main link in this system is the district (city) courts. The next link is the courts of the subjects of the Russian Federation. They consider cases of the most dangerous crimes at first instance, act as courts of the second (cassation) instance, and also verify decisions of lower courts (by way of supervision).

Military courts form their own system: military courts of garrisons, army formations, flotillas (1st link), military districts, courts of types, military branches (2nd link).

On the highest level military courts are merged into the system of courts of general jurisdiction through the military collegium of the Supreme Court of the Russian Federation. Military courts consider cases of crimes committed by servicemen and those liable for military service during military training, and some others.

The Supreme Court is the highest judicial body in civil, criminal, administrative and other cases falling under general jurisdiction. This body heads the system of courts of general jurisdiction, which includes the Supreme Courts of the republics within the Russian Federation, territorial, regional courts, courts of the autonomous region, cities of federal significance, as well as district (city) people's courts. The Supreme Court of the Russian Federation operates as part of the Plenum of the Supreme Court of the Russian Federation, the Presidium of the Supreme Court of the Russian Federation, judicial chambers for civil and criminal cases, as well as a military chamber.

The Supreme Court of the Russian Federation, within its competence, considers cases:

as the first instance - criminal cases of special complexity, as well as civil cases;
in cassation - on complaints and protests against

1. The principle of separation of powers.

The principle of separation of powers is a legal phenomenon, a legal doctrine, according to which the need for the separation of power into three branches is recognized - legislative, executive and judicial. Creation of a system of checks and balances in the exercise of power.

A characteristic feature of most states of our time is their implementation of the principle of separation of powers. According to established legal theories, the implementation of this principle is an integral attribute democratic state. The principle of separation of powers is enshrined in Art. 10 of the Constitution of the Russian Federation (source link)

The basic idea for the formation of the modern theory of the separation of powers was the ideas of the Greek thinker Aristotle - he was the first to propose the division of power in the state into three components: legislative, official and judicial (source link). Subsequently, this idea was developed by prominent figures of modern times, in particular: John Locke and Charles Louis Montesquieu, who carried out a detailed study and theoretical justification of the principle of separation of powers. Since that time, the postulates of this principle have become widespread in the state system of many countries. The first legal act where the principle of separation of powers received the greatest and logical distribution was the US Constitution of 1787 (link).

The principle of separation of powers is based on the following principles:

The principle of separation of powers is enshrined in the normative legal act of the highest legal force - the Constitution.

There is a strict division of power between the branches of government.

V state system there are bodies expressing the powers of each of the branches of government.

The special position of the judicial branch of power, as a branch that guarantees the observance and protection of human and civil rights.

Equality of power.

2. The concept of judicial power.

The judiciary is one of the three branches of power, designed to protect the rights and freedoms of man and citizen, to resolve disputes between the subjects of legal relations.

Chapter 7 of the Constitution of the Russian Federation is dedicated to the judiciary. (link)

3. Signs of the judiciary.

Signs of the judiciary - specific traits judicial power, qualitatively distinguishing it from other branches of government.

The features of the judiciary are:

The exercise of judicial power only by authorized bodies - the courts.

Independent, special position of the judiciary in the state system.

The exercise of power in the form of justice.

The exercise of power through constitutional, civil, administrative and criminal proceedings.

The special status of representatives of the judiciary - judges.

4. Principles of the exercise of judicial power in the Russian Federation.

The principles of the exercise of judicial power in the Russian Federation are the main characteristics of the judiciary, in the exercise of its own powers.

The principles of the exercise of judicial power in the Russian Federation include:

Submission to the Constitution of the Russian Federation

Legality.

Democracy.

Openness.

Publicity.

Humanism.

Observance of human and civil rights.

5. Tasks of the judiciary .

The tasks of the judicial branch of government are specific social phenomena for the sake of which the judiciary exercises its power.

The tasks of the judiciary of the Russian Federation include:

Formation of the rule of law

Law enforcement

Restoration of the rights of specific subjects of society.

Isolation outside the society of specific subjects of society.

6. The concept of justice.

Justice is a type of state law enforcement activity carried out by authorized state bodies, in which the judiciary is exercised.

7. Signs of justice.

The hallmarks of justice include:

It is carried out only by a specially authorized body - the court.

Special legal status of persons exercising justice - judges and jurors.

Justice is exercised through the consideration of constitutional, civil, administrative and criminal cases.

Justice is implemented through constitutional, civil, administrative and criminal proceedings.

Obligatory force of judgments.

8. The concept of legal proceedings .

Litigation - the activity of considering cases in court.

9. Types of legal proceedings.

The judiciary is divided into:

Constitutional proceedings related to the consideration of cases referred to the competence of the constitutional courts of the Russian Federation.

Civil proceedings related to the consideration of cases referred to the competence of courts of general jurisdiction and arbitration courts.

Administrative legal proceedings related to the consideration of cases assigned to the competence of courts of general jurisdiction and arbitration courts.

Criminal proceedings related to the consideration of cases referred to the competence of courts of general jurisdiction.

10. The relationship between the concepts of legal proceedings and justice.

The concept of justice and legal proceedings correlates as general with particular. The concept of legal proceedings, as a process of considering cases by courts, belongs to the scope of the concept of justice and is its integral part.

The place of the judiciary in the system of state authorities of the Russian Federation is determined to a decisive extent by the provision on the separation of powers, enshrined in Art. 10 and 11 of the Constitution of the Russian Federation.

Judicial branch is recognized as a kind of state power along with the legislative and executive, its bodies enjoy independence. This independence of the judiciary is manifested in judicial independence which are subject only to the Constitution of the Russian Federation and the law. In their activities for the administration of justice, they are not accountable to anyone.

Judicial power belongs not only to the highest judicial instances (Supreme Court, etc.), but to all courts of the Russian Federation. They are on a par with the President of the Russian Federation, the Federal Assembly, the Government of the Russian Federation, exercising state power in the Russian Federation (Part 1, Article 11 of the Constitution of the Russian Federation).

The principle of separation of powers not only distributes the functions of state power between the three branches of power, but also establishes them independence and mutual balance. In this system, the courts are associated with the legislative and executive powers with the duty to apply laws and other normative legal acts, as well as in relation to the appointment of judges to their positions, but the judiciary has the ability to actually cancel laws, decrees of the President of the Russian Federation and resolutions of the Government of the Russian Federation, if they will declared unconstitutional.

The judiciary is completely independent in issuing judgments and sentences, but their execution belongs to the duties of the executive branch. The possibility of judicial appeal by citizens of the actions (inaction) of officials and executive authorities allows the judiciary to resist the illegal actions of this authority. The functions and powers of the judiciary, therefore, serve as a kind of counterbalance to the other two branches of government, and together with them form a single state power.

The principle of separation of powers is also important in order to mutual control and balance of powers did not result in the appropriation of the powers of the judiciary by any other authority. Neither legislative nor executive authorities have the right to judge. For its part, the judiciary should not engage in rule-making, replacing the legislature, interfering with the prerogatives of the executive branch. However, arbitrage practice, of course, influences the direction of legislative activity, and also corrects many mistakes of the executive authorities; moreover, by their interpretation of the law in the process of its application, the courts reveal the true content of legal norms, often different from the original goals.

According to the Constitution of the Russian Federation (part 2 of article 118), judicial power in the Russian Federation is exercised through four types of legal proceedings:

- constitutional;
- civil;
- administrative;
- criminal.

Each of these types has its own set of procedural rules established by law.

The Constitution of the Russian Federation does not contain a list of specific judicial instances, but is limited to fixing the general rule that the judicial system of the Russian Federation is established by the Constitution of the Russian Federation and federal constitutional law.
It follows from this that not a single court that is part of the judicial system of the Russian Federation can be established by any legal act, except for the federal constitutional law. Hence, cannot create special judicial systems and subjects of the Russian Federation, since this would lead to a violation of the unity of the country's judicial system.

Currently, the judicial system of the Russian Federation consists of the following courts:

1. Constitutional justice. It includes Constitutional Court of the Russian Federation, as well as constitutional and statutory courts in the constituent entities of the Russian Federation, which, however, do not constitute a single system with the federal Constitutional Court.

2. Courts of general jurisdiction. These include Supreme Court of the Russian Federation, supreme courts of the republics, regional and regional courts, courts of the autonomous region and autonomous districts, city courts of Moscow and St. Petersburg, district courts, as well as military courts(in garrisons, armies, flotillas, etc.). They administer justice in criminal, civil cases and cases arising from administrative offenses.

Judges of general jurisdiction of the constituent entities of the Russian Federation are justices of the peace which, within their competence, consider civil, administrative and criminal cases as a court of first instance. The powers and procedure for the activity of a justice of the peace are established by federal law and the law of a constituent entity of the Russian Federation.

3. Arbitration courts. This system includes Supreme Arbitration Court of the Russian Federation, federal arbitration courts of districts, arbitration courts of republics and other subjects of the Russian Federation. They administer justice by resolving economic disputes and adjudicating a number of other cases.