Judicial branch

The place allocated to the judiciary in the structure of the government administration in the Russian Federation is largely determined by the provision on the division of power. This provision is enshrined in the relevant articles of the Constitution of the country.

The judiciary is a kind of governmental power that has independence. It obeys only the Constitution, while the judges are independent representatives and are not accountable to anyone in the exercise of their functions.

In accordance with the principle of separation, not only the distribution of functions between the three branches of government is realized, but their independence and mutual "balancing" are established. In the system of public administration , judicial authorities are bound to the executive and legislative obligation to use laws and other normative acts, while having the power to actually abolish decrees, laws, resolutions of the President and the Government in case they are declared unconstitutional.

It should be noted that the highest and ordinary instances administering justice are on a par with the Government, the President of the Russian Federation, the Federal Assembly.

In sentencing, the judiciary is endowed with complete independence. At the same time, the execution of these decisions is the responsibility of the executive agencies. Judicial power through the application of citizens to appeal against inaction (or action) can withstand the illegal acts of executive power. As a result, the functions and powers of justice are, to some extent, a counterbalance to the other two directions of public administration. In general, the three branches form a full-fledged regulatory mechanism.

The principle of separation prevents the transfer of mutual control and balance in the assignment of powers. Legislative and executive power bodies are not empowered to administer justice, just as the judiciary does not engage in lawmaking, thus replacing legislative bodies, as well as interfering in the sphere of executive power. In this case, the practice of justice has an impact on norm-setting activities, corrects certain errors in the activities of executive structures. The judiciary, moreover, reveals the true content of norms through the interpretation of law within its content.

In accordance with the Constitution, there are four types of proceedings: criminal, civil, constitutional and administrative. Each of them has its own set of procedural rules and regulations.

The Constitution of the country does not contain a list of all judicial instances. The Basic Law reflects the general rule. According to the provisions, the establishment of the judicial system in Russia is carried out under federal laws and the Constitution. Thus, no one instance can be established by any normative act, except for the federal law. This prevents the creation of special judicial systems and actors. Otherwise, the unity of the structure of justice in the state would be violated.

In the subjects of the Russian Federation there are bodies of arbitration and general jurisdiction. Their activities are carried out according to the same principles of the whole structure of federal justice. At the same time, the Supreme Arbitration Court and the Supreme Court are recognized as the highest court instance, in connection with which bodies in the subjects call federal courts.

Currently, the following instances are being singled out:

1. Constitutional justice.
2. Courts of general jurisdiction. These instances resolve criminal, civil, as well as administrative matters.
3. Arbitration courts. They are considering economic disputes and some other things.