The place assigned to the judiciary in the structure of the government administration in the Russian Federation is more determined by the provision on the separation of powers. This provision is enshrined in the relevant articles of the Constitution of the country.
The judiciary is a form of government with autonomy. It submits only to the Constitution, while judges are independent representatives and in the exercise of their functions are not accountable to anyone.
In accordance with the principle of separation, not only the distribution of functions between the three branches of management is carried out, but also their independence and mutual "balance" are established. In the public administration system, judicial authorities are bound by the executive and legislative obligations to use laws and other normative acts, with the power to actually repeal decrees, laws, and decrees of the President and the Government if 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, and the Federal Assembly.
In sentencing, the judiciary is fully autonomous. Moreover, the implementation of these decisions is the responsibility of executive institutions. The judiciary, through the use by citizens of the opportunity to appeal against inaction (or action), can resist unlawful acts of the executive. As a result, the functions and powers of justice are to some extent a counterbalance to two other areas of government. In general, the three branches form a full-fledged regulatory mechanism.
The principle of separation prevents the transition of mutual control and balance to the assignment of authority. Legislative and executive authorities are not empowered to administer justice, just as the judiciary is not involved in lawmaking, thus replacing the legislature and intervening in the sphere of activity of the executive. At the same time, the practice of justice has an impact on standard-setting activities, corrects certain errors in the activities of executive structures. The judiciary, in addition, reveals the true content of the norms by interpreting the law within its content.
In accordance with the Constitution, there are four types of legal 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 courts. The Basic Law reflects the general rule. According to the provisions, the establishment of the judicial system in Russia is carried out according to federal laws and the Constitution. Thus, no authority can be established by any normative act, except for federal law. This prevents the creation of special judicial systems and entities. Otherwise, the unity of the justice structure in the state would be violated.
In the constituent entities of the Russian Federation there are bodies of arbitration and general jurisdiction. Their activities are carried out according to the uniform principles of the entire structure of federal justice. At the same time, the Supreme Arbitration and Supreme Court is recognized as the highest court, in connection with which the authorities in the entities are called federal courts.
Currently, the following instances are distinguished:
- Constitutional justice.
- Courts of general jurisdiction. These instances resolve criminal, civil, and administrative cases.
- Arbitration Courts. They consider economic disputes and some other cases.