Court as a judicial authority - description, characteristics and features
Court as a power is a rather complicated concept, which is connected with the ramification, hierarchy, entanglement of this branch of power within our power. There are several types of judicial instances, and each of them has its own characteristics. Of course, the powers of the court depend on belonging to a particular branch. The court as an organ of the judiciary deserves the most careful consideration.
At the moment, the court as a judicial authority has independence. This whole system is independent, is in the federal hierarchy of lines of power at the same level with the executive and legislative. Independence is expressed in immunity declared by law. The court, being a judicial authority, ensures the independence of the guardians of justice within the walls of the guardians of justice.The only method of control of this power system is the regulatory and legal acts adopted within the boundaries of the state. Of course, the current Constitution has the most power.
The power structure in Russia is subdivided into several blocks. The idea of such a formation of the court, the judiciary, the jurisdiction of the court in the presence of balances. In fact, the system is set up in such a way that there are opportunities to restrain one instance by the possibilities of another, if there is an incorrect resolution of conflict situations or injustice.
In many ways, the court as a judicial authority is an effective counterweight to other power structures of the state. Powers ensuring justice in our country include the repeal of decrees, legislative acts, officially approved resolutions. At the same time, it is assumed that the court as a body of justice also has a counterbalance - the decision of such a state agency can be appealed.
At present, the hierarchical structure for the courts is as follows:
- are common;
How it works?
The court as a judicial authority has specific features. Their powers as a branch of government are allowed to exercise only in relation to justice. At the same time, the authority is independent, independent, and each employee in the position of judge has a special status. The imperious branch realizes its capabilities through various types of legal proceedings. Allocate:
- civil affairs;
- proceedings related to the provisions of the Constitution.
What are the principles?
The court as an organ of the implementation of the judiciary is characterized by a set of ideas, beliefs, conditions that allow to build the logic of decision-making on the situations under consideration. Legally, the official position is declared as support for democracy and the achievement of humanistic ideals. At the same time (if briefly), the court as a judicial authority is subject to the main legislative power act, and all its work is due to the principle of legality.
The constitutional court in the system of judicial authorities, like the other instances of this imperious branch, is guided by the idea of publicity, arranges its work in such a way that it is open and understandable to the broad masses.At the same time, it is necessary to observe the standards adopted at the international level, which subordinate themselves to different states.
The task of all instances (including the Constitutional Court of the Russian Federation), of the judicial authorities is the observance of human and civil freedoms and rights. The official subordination of the working process to these principles allows everyone to hope for justice and respect for their rights, restoring them in violation.
Constitutional Court: Judiciary
In our country, the key legislative act is the Constitution, from which it follows in a logical way that the court defending its position occupies the dominant position in the hierarchy of the power branch to which it belongs. Representatives of this instance may miss the law, initiate the abolition of the legal norm.
In their area of responsibility - to interpret the norms, provisions and rules mentioned in the Constitution. In addition, the Constitutional Court reveals how a specific Federal Law corresponds or contradicts the one stated in the most important document of our state.
It is customary to say that the Constitutional Court provides the same control.This authority is independent, autonomous, realizing the powers vested by law. To some extent, the court becomes an arbitrator, as the employees of the instance have the right to resolve the conflict situation of the federal and regional instances. The body has the possibility of lawmaking You can take the initiative only in the framework of professional activities.
The system of constitutional law enforcement instances includes statutory courts formed at the regional level. In fact, the authorities of the instances coincide with the head of this system. Statutory entities are not subordinate to the Constitutional Court, despite belonging to the same justice sector.
Constitutional legal proceedings are implemented through a board consisting of 19 employees. Only highly qualified specialists are accepted with a higher education in the relevant direction. To be appointed, it is necessary to obtain approval of the upper chamber of the Federal Assembly, and the proposal is made by the President of the State.
It is unacceptable to introduce deadlines for limiting the powers of the Constitutional Court, which significantly distinguishes the body from the head of state or the Duma. However, this does not mean that those employed are working forever: judges are accepted, dismissed, some leave of their own accord. The instance is ensuring the safety of justice in the territory of our power, accumulating within its walls the most professional experts in the field of judicial practice.
Nobody under 40 will be hired for work, and those who do not have a specialized higher education are all the more unacceptable. A candidate for the position of judge is considered only if there is an impeccable, untainted reputation, as well as with an official working experience of 15 years or more.
How it works?
The Constitutional Court is characterized by two working types of sessions:
To determine the participants of the House is the draw. The plenary meeting requires the presence of all officially accepted in office. Within the framework of such a meeting, it is usually decided how to make the working process of a state station more efficient and correct.may consider aspects related to the lawmaking function.
Chambers of the Constitutional Court are engaged in specific tasks. Some may interpret the provisions formulated in the Constitution, others - to consider laws, draft legislation and do other work within the limits of authority.
The features of the functioning of the law enforcement, restoring justice system of our power are spelled out in the 126th article of the Constitution. It is customary to say that the Supreme Court occupies a central place in the system of law enforcement in relation to state jurisdictions of general jurisdiction. Powers include:
- controlling the work of standing on the hierarchical ladder below state stations;
- case investigation (becomes the first or second law enforcement authority);
- analysis, study of the practice of judicial bodies;
- lawmaking within the declared authority.
Above simply nowhere
Sun got its name by chance - with reference to the current system of power, it is he who occupies the highest position. The authority heads the hierarchical system dealing with issuescoming from ordinary citizens, so the sphere is called general jurisdiction.
Structuring is quite clear, emit:
- collegial meeting dealing with cassation issues;
- colleges occupied by military, civil tasks, cases under the Criminal Code of the Russian Federation.
Features of the elements
The Federation Council decides on the appointment of the chairman of the Supreme Court, who will have to lead the plenary session in the future. Such an event is necessary to address a wide range of issues related to judicial practice, as well as to improve the justice system as a whole. In addition, in his area of responsibility - lawmaking, however, with disabilities.
The Presidium is the element of the Armed Forces responsible for the more specific aspects of ensuring compliance with the law. The participants of the sessions consider the cases, analyze the practice of the instances in the country's justice system, control, supervise the subordinate bodies.
The cassation deals with reconsideration of conflict situations. This means that the instance will always be second to the specific case.Other boards consider cases corresponding to the agreed terms of reference.
Currently, this category of state stations is the most numerous for general jurisdiction. The scope of the judicial system of this level - legal proceedings in any form. The district authority is the first in the list of priority for a citizen in need of assistance in aspects of justice, it is here that they go as the first link. If a citizen has previously appealed to a justice of the peace and the decision is doubtful, the district court becomes the second stage for establishing justice in a dubious case.
As the name implies, district judicial bodies function in the regions of the subjects. In addition to them, it is customary to single out interdistrict, that is, characteristic of the region, city, region. To work in the district court take exclusively highly professional specialists with higher thematic education. List of responsibilities:
- the choice of sanctions;
- investigation of petitions;
- announcement of sentences.
I do not agree!
If a participant in the proceedings is not ready to make a decision of the district court, he has the right to appeal in search of justice head and shoulders above, that is, in the Supreme Court. This can be organized in the format of appeal, cassation.Tellingly, the district court itself is often the second instance for a case that has already passed the trial of a justice of the peace.
What kind of bird is this?
The current hierarchical system as a first measure offers those in need of justice, protection of interests and rights appeal to the justice of the peace. Such an employee should solely exercise the powers imputed to him. The magistrate can investigate only rather minor questions of an exclusively civil nature.
The law lists an exhaustive list of situations with which you can turn to the magistrate. It includes criminal cases, if the punishment for the case is within three years, as well as the formulation, approval of the writ of court documents. The magistrate will help to achieve the consent of the spouses in case of divorce, if the family is childless, and also to divide the property, the amount of which is within 50,000 rubles.
In the area of this instance - cases that allow to establish the fact of paternity, maternity or deprive of such status, as well as resolve the conflict related to property valued at 50,000 rubles or less. The magistrate may be the first instance, a different status is not allowed by law.