The bodies of the judicial community. Judicial system of the Russian Federation - scheme

Such a topic as the judicial community is more than relevant, since it concerns the courts themselves, and all levels and types. This structure allows you to exert the necessary influence and exercise professional control over compliance with the requirements of the law.

Judicial system of the Russian Federation: scheme

To understand the topic under consideration, it makes sense to pay attention to information of a general nature.

In Russia, as in many other states, the power is divided into several branches: judicial, executive and legislative. And if we talk about the first of them, it should be noted that it is carried out through four key areas of legal proceedings. It:

- constitutional;

- criminal;

- Administrative;

- Civil.

Thus, the legal process is to understand the form of the implementation of justice. The entire sphere is formed and operates within the framework of an order that has clear formal boundaries that take into account the exercise of both duties and procedural rights of judges.

The judicial system of the Russian Federation, the scheme of which is relatively simple, has a horizontal and vertical division of power. The horizontal of this structure is formed by three key branches of the system: the arbitration, the Constitutional Court, as well as the courts of general jurisdiction. At the heart of this division lies a significant difference in the specifics of each direction.

For a clear description of the vertical division of the judicial system, this table is suitable.

The bodies of the judiciary community

This terminology is used to determine the professional territorial-organizational association of persons. It should be understood that the community itself, like its bodies, is a form of self-government, as well as a mechanism that ensures the independence of persons acting in the judicial sphere. At the same time, this social phenomenon is quite new and therefore needs constant evaluation and, if necessary, change.

It makes sense to note the fact that the bodies of the judicial community of the Russian Federation are a necessary structure for the full expression of the interests of the judges themselves. This goal is achieved through the setting of certain tasks:

- control behavior, as well as compliance with the requirements that were presented to the judges;

- participation in resource, personnel and organizational support of the judicial segment;

- when fixing violations, bringing to responsibility in accordance with the law.

At the moment, there is still a need to improve the mechanism of legal regulation of the institution of the judiciary, its role in the general mechanism of power and the consolidation of its legal status.

As for participation in the community, all judges, on whose part the oath was taken, recognize its members. The withdrawal from this structure is possible only because of the decision to terminate the powers. But an exception is possible, which should be taken into account. It's about honorable retirement. In this situation, membership is preserved, which makes it possible to involve such a judge in the work, but, of course, with his prior consent.

Features of formation

The bodies of the Russian judicial community (hereinafter OSS) Can be formed and subsequently act only on the basis of federal constitutional laws and in full accordance with them.

There are several areas of activity that can be defined as their main functions:

- First of all, the community must guarantee that all the requirements specified in the Code of Judicial Ethics will be met;

- the qualified protection of the rights that the judges possess, as well as their interests, as defined by the Federal Law;

- professional assistance in the process of improving the judicial process as such;

- Participation in providing all the resources needed for key activities - resource, personnel and organizational.

These tasks give an idea of why the OSS is needed in principle and what impact they have on the judicial system.

Priorities for action

At the last All-Russian Congress, the state and activities of the community bodies were assessed. On the basis of this analysis, the participants in the Congress determined the priority areas for the activity of the OSS and state bodies. The essence of priorities is the following:

- It is necessary to strengthen the independence and independence of the courts, as they play an important role in the interaction of the latter with the executive and legislative authorities. And this goal is relevant for both local and central structures.

- The bodies of the judicial community should pay attention to the process of improving the criminal procedure legislation. It is also necessary to correctly organize the reduction of the procedure, which is used for judicial investigation.

- Competitiveness of the process is a rather important aspect of judicial activity, therefore it also deserves attention of the OSS.

- In certain changes requires procedural arbitration and civil law. It should be written all the current procedures at the moment, allowing for a competent pre-trial settlement of disputes.

- Equally important is the stable provision of vessels with both material and technical resources and with financial means.

- Another area within which the bodies of the judiciary community should work is the strengthening of the system itself through the organized influx of staff and qualified personnel as such.

- The issue of the security of judges and the protection of ships does not lose its relevance, and therefore needs a full solution. In addition, there remains the need to deploy the ubiquitous work of offices that are part of the judicial system. It is also necessary to improve the process of considering cases, which are nothing but an inevitable consequence of administrative and legal relations.

As you can see, the judiciary community is focused on achieving many topical tasks. It is for this purpose that it forms the bodies referred to in this article. This, in turn, points to the fact that the state is interested in high-quality and skilled work of courts, which will be able to provide effective solutions to various issues within the framework of the current legislation.

What is the judicial community?

This terminology is used to describe the structure, which is formed of judges of federal courts of all levels and types. Judges of the subjects of the Russian Federation are included here. Together they constitute the judicial system of Russia.

It is this community that allows you to competently organize and monitor the activities of judges throughout the Russian Federation.

Considering this issue, we can say that this community is actually a judicial corps, which is endowed with organizational principles. In addition to controlling the activities of its members, this structure is also oriented toward the solution of many other tasks. Thus, the scope of responsibility and competence of the structure in question is much broader than simple control. It is for this purpose that these goals are achieved effectively and various bodies of the judicial community were formed. The activities of the latter are regulated by the relevant legislation, which nevertheless leaves enough free space for a set of necessary actions. This makes it possible to apply a flexible approach in the process of fulfilling all relevant tasks.

The legislative framework

The association of judges in the form of a community has a clear legal basis, the key element of which is the law "On the judicial system of the Russian Federation". More specifically, this is article 29. It contains information that judges, being representatives of one of the branches of power, have the right to express their own interests. For these purposes, the judicial community is formed in a manner determined by law, and the boundaries of its competence are determined.

This fact suggests that such an association operates within the framework of clear regulation, so the possibility of independent initiative is excluded.

The law on the bodies of the judicial community fully defines all the elements of the structure and direction of their activities within the community.

This part of the federal legislation also deals with the issue of membership, the formation of key bodies and the principles of organizing the association of judges. Moreover, attention is given to such topics as authority, the definition of regulations and the provision of all bodies that are relevant to the community. As you can see, to the regulation and development of judicial power the state is well suited. This, in turn, gives citizens the hope of showing high professionalism in the matter of legal proceedings.

System of bodies of judicial community

In order to have a clear idea of how such a large structure works, you need to pay attention to the elements from which it consists. At the same time each of them has its own function and a number of clearly defined powers.

So, the bodies of the judicial community are the following instances:

- All-Russian Congress.

- The Higher Examination Commission, which deals with the admission of the qualification examination for those who claim to be a judge.

- Council of Judges of the Russian Federation, elected by the All-Russian Congress.

- General meetings.

- Conference of judges working on the territory of the subjects of the Russian Federation.

- Qualification board (there is also a higher form of this body and those colleges that deal with the territory of the constituent entities of the Russian Federation).

- Councils of judges related to the subjects of the Russian Federation.

- Examination commissions of judges acting on the territory of the region, which is a subject of the Russian Federation.

All this structure is determined by the law on the bodies of the judicial community. On its basis are regulated any facets of activity. Based on the information described above, it is possible to identify the key types of bodies that make up the community itself:

- Qualification boards;

- Congress;

- conference;

- general meetings;

- Examination commissions;

- councils of judges.

Such a distribution of powers allows to effectively organize and control various areas of the community's activities and keep them within the framework defined by the current legislation.

The supreme body of the judiciary

The considered structure (OSS) is called upon to implement competent work of representatives of one of the key branches of power in the country. It, in turn, also needs competent management. This important mission is entrusted to the Council of Judges of the Russian Federation. Its functions are performed by this community body in the period between the All-Russia congresses.

If you look at the work days of the council, it can be confidently asserted that he deals with all matters relating to the community. The exception is those facets of activities that relate to the issue of qualification, this is the responsibility of the relevant collegiums.

Since the highest body of the judiciary is the Council of Judges of the Russian Federation, it requires competent distribution of powers for effective activity. For this reason, six sections specializing in the following areas have been permanently identified in this body:

- questions of the legal status and status of judges;

- Finance;

- Relations with those bodies of the judicial community that are located in the regions, as well as officials and state, international legal and public organizations;

- issues of improving legislation and judicial practice;

- organizational and personnel work.

The status of the main priority in the activities of the council is assigned to the process of uniting the judicial community and the competent coordination of all its actions.

Qualification Boards

This category of bodies of the judicial community is responsible for those tasks that are not within the scope of the council's responsibility. If you pay attention to the Federal Law on the bodies of the judiciary, or more precisely, on Article 18, concerning the issue of status, then the following lines of activity of the colleges can be distinguished:

- Conducting attestation of judges and assigning them a certain qualification;

- termination or suspension of authority;

- ensuring immunity for judges, in other words, protecting them;

- competent selection of candidates capable of adequately performing the duties of a judge;

- Termination of resignation.

In order to choose a qualification board, the All-Russian Congress is going to be held. At the same time, at least one third of the total number of judges in the community must be present at this event. The highest qualification board can be chosen representatives of all types of courts: military, arbitration general, etc.

It should also be noted that the voting at the congress has a secret format.

In order to ensure that all elements of the community can fully fulfill their functions, the current legislation clearly defines the powers of the bodies of the judicial community. They are described in detail in the relevant part of the Federal Law. As an example, several items from the section on the Higher Qualification Board can be cited. This body has the right to:

- Conduct a verification of information on the behavior of a judge that does not comply with the code, which was published in the media. These actions help to prevent the undermining of the authority of the judiciary.

- Consideration of applications of candidates for any posts within the system.

- Announcement in the media of information that there are vacant seats in key positions in courts of various categories.

- Decisions concerning the termination or suspension of the powers of the Chairman of the Supreme Court of the Russian Federation.

- Implementation of qualification certification of judges.

- Assignment of higher and first qualification classes, etc.

As you can see, the list of authorities not only has clear boundaries, but is in fact a detailed picture of the functional responsibilities of a particular community body.

Results

The judicial system of the Russian Federation still needs to change and monitor the activities of judges at various levels.

The state, in turn, made a step towards stable improvements, creating a community that regulates and forms the work of one of the key branches of power in the country.