The specifics of the court as a judicial authority is also in the fact that its activities a special procedure (procedure). This order is based on a hard limitation of all, what should happen in court in preparation for the review and consideration of subordinate issues. Its main goal - to provide legal, reasonable and fair solution. It is based on openness, collegiality (with some exceptions), ensuring the right to defense and appeal court decisions, the possibility of the participation of the people in the decision, equality of the parties involved in the handling of cases, and a number of other source (principal) of the regulations, which are discussed is lower (see., e.g., § 2-15 Sec. IV textbook). Established for the legislative and executive organs (regulations, existing somewhere in the executive decision-making rules, etc.) are not as thorough and comprehensive, which is typical for the consideration and resolution of cases in the courts.
To date, There are various procedures for exercising judicial authority, which is usually called types of proceedings. These include:
- Constitutional proceedings;
- Civil proceedings;
- Arbitration proceedings;
- Criminal proceedings;
- Administrative proceedings.
Each of these is governed primarily respectively Law on the Constitutional Court, the CPC, APK, Criminal Procedure Code and the Administrative Code, as well as some other laws and other legal acts related issues. Studying these kinds of proceedings, laws and regulations are devoted to specific disciplines taught at the undergraduate law schools.
The judge - a person with authority to administer justice and fulfill their duties in a professional manner. A judge with experience of at least ten years and who resigned considered an honorary judge.
By law, it can be brought to work as a judge. A judge is not reduced at all times during his stay in office.
Powers of a judge of the Federal Court is not limited in duration. The maximum age of a judge of the Federal Court, with the exception of the Constitutional Court of the Russian Federation, is 65 years.
Judge irremovable. It can not be assigned to another position or to another court without his consent. By decision of the appropriate qualification board, authority, judges may be terminated or suspended.
Judge untouchable - he has personal immunity, they occupied residential and court rooms, vehicles, documents, and other property, secrecy of correspondence and other correspondence.
The most important constitutional principle of the organization of the judiciary is the independence of the judiciary. Art. 120 of the Russian Constitution states: "Judges are independent and subject only to the Constitution and federal law." At the same time it is the main condition for the independence and effectiveness of the judiciary and its ability to protect the rights and freedoms of people. Submission of judges of the Russian Constitution specifies that the judge in the first instance are obliged to enforce the constitutional provisions, since the Constitution of the Russian Federation is an act of supreme legal force and also has a direct effect. They must also comply with federal laws, but that should not be understood as the right to ignore the laws of subjects of the Russian Federation. Combining the independence of judges and their subordination to the Constitution and laws. The Russian Constitution does not sin any contradiction, since the independence of justice just need to strictly ensure the implementation of the constitutional and legal norms.
For a disciplinary offense the judge, except judges of the Constitutional Court, may be subject to disciplinary action in the form of a warning or early termination of powers of the judge. Decision to impose a disciplinary sanction on the judge accepted qualification board.
Уважаемый посетитель!
Чтобы распечатать файл, скачайте его (в формате Word).
Ссылка на скачивание - внизу страницы.