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.
Legal sciences
Justice as the main function of the judiciary: the concept and form of implementation
PC. Lysov,
adjunct full-time education department of the Department of Constitutional and Municipal Law
Moscow University of the Ministry of Internal Affairs of Russia Scientific specialty: 12.00.02 - Constitutional law; Constitutional trial
E-mail: [Email Protected]
Scientific Director: Candidate of Legal Sciences, Associate Professor Limonov A.M.
Reviewer: Doctor of Law Sciences Goncharov I.V.
Annotation. The article examines the forms of justice and their ratio with the types of legal proceedings. The author concludes about the presence of constitutional, administrative, civil and criminal types of justice. Based on the study, the concept of justice is proposed.
Keywords: justice, legal proceedings, judicial authorities, courts, judicial system, constitutional control.
Justice AS Main Function Of Judicial Authority: Concept and Realization Forms
graduated in A Military Academy of Full-Time Tuition of Chair of the Constitutional and Municipal Law
of the Ministry of Internal Affairs Moscow University of Russia
Annotation. The Article Investigates The Forms of Justice And Their Relationship With The Types of Legal Proceedings. The Author Concludes That There Is Constitutional, Administrative, Civil and Criminal Justice Types. Based on the Research Suggests The Concept of Justice.
Keywords: Justice, The Judiciary, The Judiciary, The Cours, The Judiciary, The Constitutional.
In h. 2 tbsp. 118 The Constitution of the Russian Federation enshrined that the judiciary is carried out through constitutional, civil, administrative and criminal proceedings. A similar list of types of proceedings is reproduced in part 3 of Art. 1 of the Federal Constitutional Law of the Russian Federation of December 31, 1996 No. 1-FKZ "On the judicial system of the Russian Federation" 1.
In solving the question of the compliance of the forms (species) of justice, the types of legal proceedings should be assumed that proceedings and justice are the concepts are close, but not coinciding. The first can end and without resolving the dispute (consideration of the claim) on the merits of the conflict of the conflict, i.e. Without adventure of justice. From the point of view of the staging of the implementation of legal liability, the proceedings are wider than justice to the appropriate value (so, criminal proceedings are wider than the concept of justice in criminal cases, primarily due to the pre-trial stages of criminal proceedings).
Legal proceedings are a settlement of the procedural norms of the court in the relevant field of material and
invoices. In a simplified form, proceedings are the legal procedure for consideration of cases. The proceedings can be understood as a set of procedural actions and legal relations, developing between the court and other participants in the proceduction and permission of cases related to the competence of this court2, and as a set of procedural procedural issues.
Discussion is the question of the forms (or species) of justice. Initially, the concept of justice, based on the norms of legislation on judicial, included only the activities of courts for the consideration and resolution of civil and criminal cases. The presence of constitutional, administrative and arbitration justice to this day is the subject of non-terminating discussions.
So, at present, in connection with the increase in the role of the judiciary in regulating public relations, the question of the legal nature of the activities of the courts considering cases of
1 SZ RF. 1997. No. 1. Art. one.
2 Kryazhkov V.A. Lazarev L.V. Constitutional Justice in the Russian Federation. M., 1998. P. 146, 147.
Ya.¿¿¿¿¿A "-
Legal sciences
Actual problems of constitutional law
administrative offenses. In the special literature on the nature of the activities of the court, considering the case of administrative offenses, opposite glances were expressed.
IN AND. Schvetsov, for example, believes that justice includes the court's activities for consideration of both civil and criminal cases and cases of administrative offenses3.
K.F. Guzenko, referring to Art. 4 of the Law of the RSFSR "On Judication of the RSFSR", it believes that the activities of judges associated with the consideration and permission of cases of administrative offenses are beyond justice4.
Indeed, in Art. 4 of the Law of July 8, 1981 No. 976 (invalid from January 1, 2013) "On the JFSR Judication" 5, which is called "the implementation of justice by consideration by the court of civil and criminal cases", justice, is consistently limited by consideration only by civil and criminal Affairs according to the rules of the Code of Civil Procedure and the Code of Criminal Procedure.
The federal laws adopted later corrected this lack of regulatory regulation of justice forms.
So, in part 2 of Art. 1 of the Federal Law of the Russian Federation of December 17, 1998 No. 188-FZ "On the World Judges in the Russian Federation" 6 explicitly referred to the implementation of justice on admission offenses.
In art. 4 of the Federal Constitutional Law of the Russian Federation of February 7, 2011 No. 1-FKZ "On the courts of general jurisdiction in the Russian Federation" 7 (who came to replace the Law of the RSFSR "On Judiciation"), which is called "Exercise of Justice by the courts of general jurisdiction" is enshrined that courts General jurisdictions are carried out by justice, resolving disputes and considering cases attributed to their competence, through civil, administrative and criminal proceedings.
Administrative proceedings meet all justice criteria. It should be proceeding from both the availability of its own procedural regulation of administrative
a row of legal proceedings provided for in the Administrative Code of the Russian Federation and from the availability of administrative responsibility expressed in relevant administrative and legal sanctions enshrined in the law and provide for responsibility for the perfect administrative offense. All this attaches reasonable to the conclusion about the presence of justice in the form of permission to the court of cases on administrative offenses.
V.P. Bohiv believes that the activities of arbitration courts are the exercise of justice and has all its signs8.
In accordance with Art. 4 of the Law on Arbitration Courts and Art. The 1 Arbitration Procedure Code of the Russian Federation, arbitration courts exercise justice through the permission of economic disputes and considering other cases assigned to their competence with relevant laws. Arbitration Courts are the judicial authorities who are in the judicial system of the Russian Federation, they are guided by the Special Arbitration Procedure Code, apply the material law, guided by the principle of legality, consider arbitration cases involving the parties in court sessions, the judicial acts of these vessels have a common force. Thus, it is concluded that the activities of arbitration courts are an exercise of justice, has all its signs.
In our opinion, arbitration proceedings have all the signs of an independent form of legal proceedings, but not justice.
An integral meaningful sign of justice is to resolve the dispute on the merits, the decision of the guilt or innocence of persons involved in responsibility and the use of punishment on this basis. The type of justice (except for the constitutional) is its own industry of the financial law and the corresponding type of legal liability.
3 Magomedov A.M., Sergeev A.M., Shvetsov V.I. Judiciality in the Russian Federation: studies. benefit. Vol. 1 / Ed. IN AND. Shvetsova. M., 1995. P. 38.
4 Guzenko K.F., Kovalev M.A. Law enforcement agencies in the Russian Federation. M., 2000. P. 49.
5 Vedomosti Sun RSFSR. 1981. No. 28. Art. 976.
6 SZ RF. 1998. No. 51. Art. 6270.
8 Law enforcement of the Russian Federation: a textbook / ed. V.P. Bod; 2nd ed. and add. M., 1997. P. 55.
Legal sciences
Actual problems of constitutional law
The activities of the system of arbitration courts there is no essential sign of an independent type of justice - the use of its own material law. Arbitration courts based on its own procedural legislative regulation of legal proceedings, apply the norms of the Civil Code of the Russian Federation. In this regard, according to the author, it is more correct to conclude that the activities of arbitration courts are a kind of justice carried out in the order of civil proceedings.
Is a discussion and question about the presence of constitutional justice. The competence of the Constitutional Court of the Russian Federation and its acts in their maintenance differ significantly from law enforcement acts of all other ships.
The qualitative difference between the content of the activities of the Constitutional Court from the activities of other courts of justice, is that the latter apply laws, solving specific situations and disputes. The Constitutional Court controls the compliance of the regulatory acts of the Constitution of the Russian Federation or verifies the constitutionality of the law applied or subject to use in the production of a specific case (Article 120 and 125 of the Constitution of the Russian Federation). In addition, although the decisions of the Constitutional Court of the Russian Federation have binding effects and apply to the scope of activities of all vessels forming the judicial system of the Russian Federation, it is not a higher judicial authority and does not apply to any link of the judicial system.
Neither in the Constitution of the Russian Federation, nor in the Federal Constitutional Law of July 21, 1994 No. 1-FKZ "On the Constitutional Court of the Russian Federation" 9 did not find the concept of "constitutional justice" of the regulatory consolidation. In art. The LAW of the Constitutional Court of Law is called the judicial authority of constitutional control, independently and independently carrying out the judiciary through constitutional proceedings.
Nevertheless, the use of the concept of "constitutional justice" seems to be legitimate. The Constitutional Court of the Russian Federation is the justice body. Another thing is that the justice exercised is specific to them as specific and its powers.
The powers of the Constitutional Court of the Russian Federation and the basic principles of its activities are enshrined in Art. 125 Constitution of the Russian Federation and in Art. 3 and 5 of the Law on the Constitutional Court. So, st. The 125 Constitution of the Russian Federation places the authority to verify the constitutionality of regulatory acts listed in it, which can entail the loss of legal force acts, disputes about the competence between the federal government bodies and some other cases. Other courts (judicial authorities) The Constitution of the Russian Federation does not give such powers.
In the Resolution of the Constitutional Court of the Russian Federation of June 16, 1998 No. 19-P in the case of the interpretation of certain provisions of Art. 125- 127 Constitution of the Russian Federation10 Constitutional proceedings are referred to as a special form of justice (paragraph 3 of Part 4).
The specifics of the Constitutional Justice lies in the fact that the Constitutional Court of the Russian Federation solves exclusively issues of law (part 3, 4 of the Constitutional Court Act). The Constitutional Court of the Russian Federation, carrying out a verification of regulatory legal acts in terms of their compliance of the Constitution of the Russian Federation, while not establishing actual circumstances, the study of which is related to the competence of other law enforcement agencies and underlies their right-expanding decisions on specific cases. Being in nature the only judicial acts that are deprived of the constituent constitution of legal force standards, they have the same scope of action in time, space and in a circle of persons, as well as solutions of the rule-making body, which is not inherent in law enforcement acts of courts of general jurisdiction and arbitration courts.
The acts of the Constitutional Court of the Russian Federation have a normal importance, they are inherent in signs of abstractness and generalization, allowing to make conclusions from them for action in a similar situation. Legal force of judicial acts of constitution
10 Constitutional Court of the Russian Federation: Resolutions. Definitions. 1997-1998 / answer ed. T.G. Flashing Cova. M., 2000. P. 14-22.
Ya.¿¿¿¿¿A "-
Legal sciences
Actual problems of constitutional law
the court is higher, in comparison with the acts of courts of general and arbitration jurisdiction11.
The most important feature of the constitutional justice is that when it is implemented, the dispute about the right is solved in essentially. In some cases, the decision of the Constitutional Court impose a constitutional responsibility for the legislator, which is expressed in the obligation of the body issued an act, to adopt the necessary changes in terms of legal norms recognized by unconstitutional.
The implementation of constitutional control by specialized bodies - constitutional courts allows centralized constitutional control. Constitutional courts are endowed with constitutional jurisdiction (special competence), carried out through independent legal proceedings12.
As noted by N.V. Vitruk, constitutional justice represents Synthesis, alloy of two began. Its content is constitutional control, which is implemented in the form of legal proceedings. It is this form that provides objectivity and impartiality of the implementation of constitutional control. As a result, an independent type of state-power control activities carried out in a specialized judicial procedure arises. The highest form of constitutional control is constitutional justice13.
Thus, justice is the component of the main functional content of the judiciary and the activities of judicial authorities under consideration and permission to resolve constitutional, administrative, civil and criminal legal disputes and conflicts implemented by the law.
So, A.P. Ryzhakov, for example, refers to justice, carried out in ordinary forms, the activities of the court for the consideration of criminal and civil cases14.
Special forms of justice said the author, firstly, the activities of the court for consideration of cases of administrative offenses, and, secondly, the activities of the Constitutional Court of the Russian Federation, the constitutional (statutory) courts of the Russian Federation, which consists in resolving the essence of his affairs.
In our opinion, justice in the form of consideration of cases of administrative offenses should be attributed to the number of conventional forms, since it fully corresponds not only to the signs of justice, but also based on the principles of justice, which are based on either by the overall, or intersectoral. The system of justice principles on administrative offenses is similar to the system of principles of justice in criminal matters.
Thus, justice carried out in ordinary forms is the activities of the Court (Jobs and Federal Courts) to consider criminal, administrative and civil cases in the first and appeal instance, designed to resolve the dispute on the merits, to establish the guilt of the person in committing a crime, apply to it The measure of punishment or to justify the innocent, as well as to establish the guilt of the person in the commission of an administrative offense, to impose an administrative penalty, or terminate the work of production.
Only constitutional justice should be considered a special or specific form of justice. In the literature, it is sometimes reasonably referred to as not only special, but also the highest form of justice.
11 Khushav S.A. On the rules of the Constitutional Court of the Russian Federation // Journal of Russian Law. 2004. No. 9. P. 27, 28.
12 According to some researchers, a constitutional judicial procedure, which forms the constitutional proceedings, has all the grounds for separation into an independent branch of law (Rossinsky B.V. to the question of the constitutional trial as a species of legal process in the Russian Federation // Russian Justice. 2012. № № 6. P. 49).
13 Vitruk N.V. Constitutional justice in Russia (1991 - 2001): Essays of theory and practice. M., 2001. P. 73.
14 Ryzhakov A.P. Law enforcement agencies: textbook. M., 2000. P. 41.
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:
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.
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 in 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 both the constitutionally enshrined, special form of state activities in the field of judicial authority, expressing in the protection and protection of the courts of general and arbitration jurisdiction of the normal functioning of public relations that develop with the participation of citizens, enterprises and organizations, and includes a judicial resolution mechanism for the right and other conflicts by sending civil, arbitration, criminal and administrative proceedings 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 entered 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 the Russian Federation.
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;
Considering in court sessions of criminal cases and the application of the penalties 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.
