POWER OF JUDICIAL
- an independent type of state power that carries out justice.
Justice is a type of state activity carried out exclusively by the judicial authorities through consideration of criminal, civil and other cases.
Justice is carried out in the form of a trial in compliance with the procedural rules and norms established by law.
Through constitutional
Judicial power is exercised by the Constitutional Court of the Russian Federation, as well as by constitutional (statutory) courts of the subjects of the Russian Federation. Courts of general jurisdiction, headed by the Supreme Court of the Russian Federation, exercise judicial power through civil,
Administrative and criminal
Judicial proceedings, and arbitration courts headed by the Supreme Arbitration Court of the Russian Federation - through civil (claim) and administrative
Legal proceedings.
Federal courts include:
1) The Constitutional Court of the Russian Federation;
2) federal courts of general jurisdiction dealing with civil, administrative and criminal matters;
3) arbitration courts that consider economic disputes and other cases subordinate to them.
The courts of the subjects of the Russian Federation include:
1) constitutional (statutory) courts of the subjects of the Russian Federation, which may be created by subjects of the Russian Federation to consider issues of compliance of the laws of the subjects of the Russian Federation, regulatory legal acts of their state authorities of the subjects of the Russian Federation;
2) world judges who are judges of general jurisdiction of the subjects of the Russian Federation and who consider civil, administrative and criminal cases within their competence as a court of first instance.
A citizen who claims to be a judge must have Russian citizenship and reach 25 years. He must have a higher legal education and work experience in the legal profession for at least 5 years.
Judges are independent and subject only to
Constitution. Independence of judges is guaranteed by measures of his legal protection, material and social security. A judge is prohibited from carrying out business
Activities, and also combine work in the position of a judge with other paid work, except for scientific, teaching, literary and other creative activities.
Judges are irremovable. The powers of a judge in the Russian Federation are not limited to a specific term, except for the judge of the Federal Court, appointed for the first time in office for a period of three years. At the end of this period, he may be appointed to the same position without restriction of the term of office until he reaches the age limit; Judge of the Constitutional Court of the Russian Federation, appointed for 15 years, appointment for a second term is not allowed; The term of office of judges of constitutional (statutory) courts of the subjects of the Federation is established by the subjects themselves; The magistrates of the peace are appointed (elected) for a period established by the laws of the constituent entities of the Russian Federation, but not for more than five years; The duration of their repeated and subsequent terms can not be less than five years.
The judges are inviolable. Judicial immunity is necessary to protect
Public interest
Fair justice.
The trial must be open. The publicity of the trial contributes to the public control over the work of the courts, to the actions of the judges, and also allows the society to assess the work of the bodies conducting investigative and other procedural actions with the aim of exposing the accused in committing a crime.
The court, in guiding the process, creating conditions for a comprehensive and full study of evidence, the correct application of legislation in the resolution of cases, assisting persons participating in the case to promote their rights, must maintain independence, objectivity and impartiality.
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