Author

Rubinina E.R.

Title of article

The concept of the judicial system in modern Russia: new approaches

Section

Section 12. The problems of legal science and law enforcement practice: young researchers’ view

Issue, year

1 (35) 2016

Abstract

The judicial system provides the realization of the principles of democracy and civil society. It’s an important component of the implementation of the rights and freedoms of man and citizen, the rule of law. Legal science and practice is characterized by ambiguous views about the concept of “judicial system”. Their critical reflection allowed the author to identify new components of the named category. The current understanding of the category “judicial system” is examined and summarized, its shortcomings are criticized. The author defines the court as a public authority, which is called to solve the urgent needs of the population, guided by law, professional legal awareness and social justice. It’s proved that modern court is not only an instrument of coercion (retribution), a compromise, but also the body of normative control, education of citizens in the spirit of respect for the rights and freedoms of man and citizen. In most cases, the current judicial system is understood by population solely as the activity of court, which is guided only by the functional task of ensuring justice in different types of proceedings. It’s summarized that the judicial system is the internal organization of the judicial power, determined by law and consisting of the interaction of: public institutions, bodies of judicial community, judicial bodies ordered by jurisdiction procedural grounds and organizing and ensuring the constitutional, civil, criminal, administrative and arbitration proceedings. The proposed understanding of the judicial system focuses on improving efficiency of the judicial system in ensuring public control over the activities of state and population in different situations.

Keywords

judicial authorities; elements of judicial system; concept of judicial system.