The state at all times was a specific structure, the main element of which was the population. However, such a large concentration of people requires constant supervision. Otherwise, their activities will simply get out of control 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, governing the country is divided between different spheres of human life. In this regard, several forms of power can be distinguished , one of which is judicial. 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, features and regulatory regulation. That is, this phenomenon is complex in nature, which necessitates a rigorous study of this rather interesting problem.
Separation of public administration
Most people do not know how the judiciary came about. This branch of government has been forming a large amount of time on the territory of the entire planet, and, in particular, of our country. Initially, the judiciary as such did not exist. Separate functions of this category were carried out by the monarchs and specially created bodies. But everything changed dramatically during the New Time period. This stage marked the evolution of power, which manifested itself in the transition from a sole to collegial form of government. That is, the monarchy, as the basic institution of coordination of society, was replaced by more democratic organizations. The basis of such changes was the principle of separation of powers. 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 bodies. Since the invention of the principle, the judiciary, whose functions are presented in the article, gains a certain independence and a number of other specific aspects.
What is the judicial branch of government?
The judiciary, whose functions are presented in the article, is an independent sphere of coordination of society, which implements its tasks through a specific system of state bodies endowed with exclusive powers. This branch occupies a special place in the country's administrative apparatus. After all, its activities are carried out on the basis of a number of legal principles that are enshrined in the Constitution of Russia and other normative acts of our state.
Differentiation of terms
It should be noted that very often the concept of the judiciary is confused with the term “judicial system”. The phrases are really similar. Moreover, their “kinship” is determined by both the linguistic and the substantive moment. However, it is impossible to fully identify the judicial system and the authorities. The bottom line is that the first term describes the structure of bodies with a number of special powers in the field of justice. As for the judiciary, this, as we have found out, is one of the branches of government that functions along with the executive and legislative spheres.
Judicial Signs
The functions of the judiciary cannot be considered without an analysis of the characteristic moments of this category. If we are talking about signs, it is they that make it possible to understand the specifics of this sphere of regulation. At the same time, key features of the judiciary are enshrined in the basic law - the Constitution of the Russian Federation. According to its provisions, the judicial branch is characterized by the following features, namely:
- complete independence from the influence of other forms of power;
- the possibility of applying various laws to resolve legal disputes;
- the unity of the system of relevant state bodies;
- the subordination of all judges to a centralized regulatory framework;
- the availability of financial support from the state.
One of the important principles is the fact that the full range of powers belongs exclusively to the courts. That is, only these bodies and no more can realize the tasks of the branch.
Judicial functions - concept
Each existing body today carries out its activities for a specific purpose. That is, specific departments are created to implement certain tasks. At the same time, in the process of their work, they carry out certain functions. But what are the functions of the judiciary in the Russian Federation? It should be noted that in the scientific community there are several basic approaches to the consideration of this category. Initially, the functions of the judiciary were considered as aggregate systems of certain powers that distinguished the branch from other forms of government. However, over time, it became clear that the meaning of the category is much broader. On the basis of this, a different point of view was formed. Its adherents argue that the functions of the judiciary in the Russian Federation are the direct activities of the branch of government, within which individual tasks are implemented and legal regulation methods are applied. To date, such an interpretation is of primary importance. It also helps to differentiate the main directions of different branches of management. For example, the functions of the legislative and judicial powers 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 management branch 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, the following functions can be distinguished, 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 areas of activity presented above, which will be discussed later in the article.
Features of supervision, control and justice
There are several main areas that characterize the judiciary. The functions of supervision, control and justice can be called key. Moreover, the latter direction is inherent exclusively in the judicial branch of government. It should be noted that the function of justice is manifested in the ability of the relevant authorities to resolve legal disputes and make their own decision 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 court decision can a person be limited in his rights. Thus, the investigation, operational-search activities are carried out exclusively under the control of the judiciary.
Certification of facts and interpretation of norms
No 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 exceptional ability of the judiciary to give legal weight to certain points in reality. In accordance with this, the court may recognize persons as dead or missing, as well as establish the existence of marriage and family relations. The interpretation of legal norms is an area of activity that is manifested in the disclosure by representatives of the judiciary of the meaning of certain rules of conduct. That is, in the course of their activities, the bodies of the corresponding branch of management can interpret the meaning and method of application of legal norms.
Directions of activity of organizations of the branch of management
As mentioned earlier, the functions of the judiciary are somewhat different from those inherent in the entire sphere of regulation. Therefore, they must be considered separately. In this case, it is necessary to understand the fact that the functions of specific organs are narrower. Therefore, in their activities, the courts implement both general and specific areas. For example, the function of the judicial authorities is to apply legal liability to those who violate the rule of law, as well as restore civil justice.
So, we tried to find out what the judiciary is. Functions, features and a number of other features allowed 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 a significant role. Therefore, this area of activity needs to be modernized, as soon its functionality will significantly expand.