The principle of independence of judges and its consolidation in the Russian law

Independence of the judiciary is one of the most important principles and criteria of justice. The legal basis for the principles of independence was adopted at the 7th UN Congress, which in 1985 examined the problems of combating crime and its prevention. Then these provisions were repeatedly supplemented and refined by various international and national legal acts.

Particular attention in this regard should be drawn to art. 120 of the Constitution of, where the principle of independence of judges is stated. Its essence can be expressed in this way: judges in the Russian Federation are independent and do not obey any institutions, except the Constitution and the norms of federal law. Then, after the adoption of the new version of the Constitution of the Russian Federation, the law regulating the legal status of the judiciary noted that judges are unaccountable to anyone regarding the implementation of their legal activities.

The meaning of this provision should be understood as the formation of such conditions for the professional activity of judges, which would enable them to make decisions on the basis of laws and in accordance with their own convictions. These conditions can be considered realized only if the court, in accordance with the law, is autonomous, and is protected from any external influence.

Only in this case the principle of independence of judges will really ensure the independence of the whole system of law.

The independence of judges is a mandatory condition for the administration of justice, which will be freed from any attempt to pressure individuals and organizations, including the authorities of the state itself. The principle of independence of judges suggests that in each of its decisions the court is guided by its conviction, based on law and sense of justice.

The independence of judges, as well as the other, the principle of immunity of judges, are provided by constitutional guarantees: a special procedure for exercising the right, prohibition of interference in judicial activities, ensuring the integrity of judges and others.

All these guarantees can be classified into political, economic, legal and professional. The principle of irremovability and inviolability of judges should be regarded as one of such guarantees, which occupies a special place in this classification, since it is considered immediately from several spheres of its influence on the legal status of judges.

Political guarantees include requirements for judges not to be in political parties and other organizations that can potentially use their influence or authority as a resource of influence on a judge. In addition, the principle of the independence of judges prohibits judges from representing anyone's interests in any institutions and organizations, including the interests of state bodies.

Economic guarantees include the rules according to which the judiciary is provided at the expense of the state by free housing and certain social benefits.

Legal guarantees include norms that legislatively protect judges from interfering with their professional activities of anyone, including the institutions of the state itself.

Professional guarantees are that the state, in addition to taking the judges under its protection by the law, provides the same protection to members of their families. The list of professional guarantees should include a special procedure for appointing the judiciary and its succession.

The law also provides for a system for authorizing cases of interference or pressure on the activities of judges.

Thus, the consolidation in the law of the principle under consideration contributes to the objective and impartial performance by the courts of the functions of justice. Any extraneous influence on them is unacceptable and in accordance with the law entails responsibility.