Legality, justice and democracy in the coordinate system of the Russian judicial power

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The article is devoted to the problematic issues of the formation of the Russian judicial system in the course of the reforms in Russia. The article presents the author's opinions on the genesis of the judicial system, both in the Russian Federation and abroad. Some historical aspects of the formation of the judicial system in Russia are considered. An attempt was made to reveal the role and place of the judiciary in building a truly democratic, legal state. The author analyzes the approaches to law in the West and in Russia, coming to the conclusion that Russian law is an integral part of Western law, but it has a number of fundamental differences that also affect the judiciary. The author proves the proposition that in any modern state the court has a functionality substantially exceeding the originally laid down in it. The judicial power in the state is a symbol of the national spirit, a measure of general and special (legal) culture, a criterion of the level of democracy and the social responsibility of rulers. With the power of each particular state are defined forms a system of coordinates, which gives this society the uniqueness and integrity. The author, describing the relationship between the executive and the judiciary in Russia in different historical periods, concludes that the court should become the guarantor of democracy, justice and stability of the political and legal system of the state. He observes that the judiciary is phenomenal, that only the court is authorized to impose a sentence and impose a punishment, and only court decisions are generally binding for all subjects of the legal relationship to be implemented throughout the country. In conclusion, the author expressed the opinion that the protection of the right should not be entrusted to the legislator, but to justice. All other security agencies do not protect the right, but the subjects of the relationship. The subject can be protected and the right is violated, but if the right is protected, the subject is always protected.

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Judicial system in Russia, historical aspects, state power, subject of law, modern approaches

Короткий адрес: https://sciup.org/149124889

IDR: 149124889   |   DOI: 10.17748/2075-9908-2018-10-5/2-72-77

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