Judicial power: functions and concept. Functions of judicial authorities in the Russian Federation

The state at all times was a specific structure, the main element of which was the population. However, such a large number of people requires constant supervision. Otherwise, their activities will simply get out of hand and become completely ineffective. In other words, anarchy in society will completely stop the legal evolution of any country. This fundamental principle has always necessitated the existence of a strong state power. However, the management of the country is divided between various spheres of the person's immediate life. In this regard, we can identify several forms of power, one of which is the judiciary. In the Russian Federation, it is represented by a system of certain bodies that implement a number of specific functions. At the same time, the judiciary has its own structure, signs and normative regulation. That is, this phenomenon has a complex character, which necessitates a scrupulous study of this rather interesting problem.

Separation of spheres of public administration

Most people do not know how the judiciary appeared. This branch of public administration was formed a large amount of time on the territory of the whole planet and, in particular, our fatherland. Initially, the judiciary as such did not exist. Separate functions of this category were carried out by monarchs and specially created bodies. But everything changed drastically in the modern period. This stage marked the evolution of power, which manifested itself in the transition from one-to-one to a collegiate form of government. That is, to replace the monarchy, as a basic institution for the coordination of society, came more democratic organizations. The basis for such changes was the principle of separation of power. It was designed by Charles Louis de Montesquieu and John Locke. According to this principle, state power exists in legislative, executive and judicial forms. Each direction has in its composition special organs. Since the invention of the principle, the judiciary, whose functions are represented in the article, has gained some independence and a number of other specific aspects.

What is the judicial branch of government?

The judiciary, whose functions are represented in the article, is an independent sphere of society's coordination, which implements its tasks through a certain system of state bodies endowed with exclusive powers. This branch takes a special place in the apparatus of government of the country. After all, its activities are carried out on the basis of a number of legal principles, which are enshrined in the Russian Constitution and other normative acts of our power.

Differentiation of terms

It should be noted that very often the notion of the judiciary is confused with the term "judicial system". Phrases are really similar. At the same time, their "relationship" is determined by both linguistic and content. However, it is impossible to completely identify the judicial system and power. The essence is that the first term characterizes the structure of bodies that are endowed with a number of special powers in the field of justice. As for the judiciary, as we have seen, this is one of the branches of state administration that functions alongside the executive and legislative branches.

Signs of the judiciary

The functions of the judiciary can not be examined without an analysis of the characteristic moments of this category. If we are talking about signs, then they allow us to understand the specifics of this sphere of regulation. At the same time, key features of the judiciary are fixed in the main law - the Constitution of the Russian Federation. According to its provisions, the judicial branch is characterized by the following signs, namely:

• Complete independence from the influence of other forms of power;
• The possibility of applying different legislation to resolve legal disputes;
• Unity of the system of relevant state bodies;
• Subordination of all judges to a centralized regulatory framework;
• Availability of financial support from the state.

One of the important principles is the fact that the entire spectrum of powers belongs exclusively to the courts. That is, implement the branch tasks can only these bodies and no more.

Functions of the judiciary - concept

Each existing body for today produces its activities for a specific purpose. That is, specific departments are created to implement certain tasks. In doing so, they perform certain functions in the course of their work. But what are the functions of the judiciary in Russia? It should be noted that in the scientific environment there are several basic approaches to the consideration of this category. Initially, the functions of the judiciary were viewed as aggregate systems of certain powers that distinguished the branch among other forms of government. However, over time it became clear that the significance of the category is much broader. On the basis of this, a different point of view was formed. Its adherents say that the functions of the judiciary in the Russian Federation are the direct activities of the branch of management, within which individual tasks are carried out and the methods of legal regulation are applied. To date, this interpretation is of primary importance. It also helps to distinguish the main directions of different branches of government. For example, the functions of the legislative and judicial branches have a similar structure, but their content is not identical.

The main functions of the judiciary

There are a number of key areas of activity of the branch of management mentioned in the article. They proceed from the principles of building the judiciary in the Russian Federation and the provisions of certain legislative acts. Thus, we can distinguish the following functions, namely:

• Administration of justice;
• Control and supervision;
• Interpretation of legal norms;
• Certification of legally significant facts.

In this case, it should be noted that the functions of the judicial authorities are somewhat different from the directions of activity presented above, as will be discussed later in the article.

Features of supervision, control and justice

There are several main areas in which the judiciary is characterized. The functions of supervision, control and justice can be called key. At the same time, the latter direction is inherent only in the judicial branch of power. It should be noted that the function of justice is manifested in the ability of the relevant bodies to resolve legal disputes and make their own decisions on them, which in turn is mandatory.

Control and supervision are functions that are manifested in the legal justification of coercive measures. That is, only on the basis of a judicial decision a person may be limited in his rights. Thus, the investigation, operational-search activity is carried out exclusively under the control of the judicial authorities.

The certificate of facts and the interpretation of norms

Not less important, but not so bright are two other functions of the judiciary. These include the direction of certification of legally significant facts and the interpretation of legal norms. In the first case, we are talking about the exclusive ability of the judiciary to give legal weight to certain moments of reality. In accordance with this, the court can recognize persons as dead or missing, and also establish the presence of marital and kinship relations. Interpretation of legal norms is a direction of activity, which manifests itself in the disclosure by representatives of the judiciary of the value of certain rules of conduct. That is, in the course of its activities, the bodies of the relevant branch of management can interpret the meaning and manner of applying legal norms.

Directions of activity of organizations of the branch of management

As mentioned earlier, the functions of the judicial authorities are somewhat different from those that are inherent in the entire sphere of regulation. Therefore, they must be considered separately. In this case, one must understand the fact that the functions of specific organs are more narrow. Therefore, in their activities, courts implement both general and specific directions. For example, the function of the judicial authorities is the application of the rules of legal responsibility to persons who violated the rule of law, as well as the restoration of civil justice.

So, we tried to find out what the judiciary is. Functions, features and a number of other features allowed us to determine the key points of the presented category. It should be noted that in modern society, the judicial system and the branch of the same name play an important role. Therefore, this field of activity needs to be modernized, as soon its functionality will significantly expand.