The organs of justice of the Russian Federation: concept, history, role, problems, tasks, functions, powers, activities. The organs of justice are ...

The organs of justice are the most important element of the system of the state apparatus that exercises legitimacy over observance of normative and legal acts in the country, fulfilling numerous functions, as well as possessing a number of specific powers that are inherent only in this state link.

XIX century: the beginning

The system of judicial authorities of the Russian Empire was first introduced by the Russian Emperor Alexander I, who issued a special manifesto on the establishment of ministries. This event occurred in 1802, on September 8. This normative legal act provided for not only the powers of the justice bodies, but also as the head proclaimed a minister whose post could only be occupied by the Prosecutor General of the Russian Empire.

The activities of the justice bodies at that time consisted of the preparation of legislative acts, as well as the coordination of prosecutorial institutions and judicial activities. As additional functions, the Ministry carried out the transfer, relocation, dismissal of officials ranks in the state apparatus. The first and most outstanding Minister of Justice was Derzhavin Gavriil Romanovich, who in his life combined love for poetry and state activity.

The Ministry of Justice took direct participation in the implementation of the judicial reform, thanks to which the powers of the head of this body significantly increased. At the time of 1864, this element of management exercised not only the leadership of the judicial branches and the prosecutor's office, but also managed the prison and land units, and directed the notary.

The role of justice bodies in history can be traced through sectoral reforms, for example, the ministry introduced the institute of the peace judge, which functions to this day; Took a direct part in the development of state policy, as well as the implementation of the proclaimed normative documents.

XX century: post-revolutionary reforms

The history of the justice authorities in the twentieth century turned into a transformation of the above-mentioned agency into a state body called the People's Commissariat of Justice. Despite a fundamental change in the name of the ministry, its activities were carried out in the same direction - the formation of judicial bodies and the selection of highly qualified professionals in their field. An immediate role in the formation of a new state policy of the Soviet state was to develop and implement a qualitative new legislation of the USSR.

In 1936 there are radical changes - the prosecutor's office is allocated to an independent department. However, in connection with such reforms, the tasks of the justice bodies are significantly increasing in the field of systematization and the preparation of codified normative legal acts. The legislative process consisted of three main stages:

• Preparation of Civil, Criminal, Procedural Codes, as well as other types of regulatory documents (Fundamentals of labor legislation and so on).
• Development of acts issued by the Government of the USSR.
• Reference activity in the field of legislation.

Scientific research laboratories, institutes, and development were also part of the justice system. The functions of the state apparatus in the second half of the 20th century in the field of lawmaking were the most significant in comparison with other departments and exerted direct influence on the government of the USSR.

In 1991, the Supreme Council decided to henceforth refer to this body as the Ministry of Justice of the Russian Federation. In 1992, all relevant amendments were introduced to the Constitution of the state, and new federal laws and other subordinate regulations were issued.

The organs of justice: functions, concept, place at the present stage of development of the state

To date, the judiciary is an integral part of the government apparatus of the state. There is a huge amount of opinion on the terminological meaning of the word "justice". Some assume that the activity of justice means legal activity, while others believe that the translation indicates the coordination of judicial activity. In any case, no matter which point of view is closer to you, the terminological meaning of the word is related to legitimate activity, that is, one that is of a legal nature. If we examine this issue in more detail, it is necessary to clarify that the terminological interpretation of the word "justice" is more closely connected with the historical traditions and history of the development of this body.

At the moment, the justice bodies of the Russian Federation carry out organizational and managerial functions. The main regulatory document that coordinates the activities of the above-mentioned element of the state apparatus is the Regulation on the Ministry of Justice of the Russian Federation. An important role in this area is played by numerous resolutions of the Government of the Russian Federation, as well as decrees of the head of state.

Organs of Justice: tasks, functions, system

The bodies of justice are a state agency, which is entrusted with the following list of tasks:

• Immediate impact on the norm-setting activities of the ruling bodies of the country - the President and the Government of the Russian Federation.
• Control over the issuance of regulatory and legal acts at the regional and local levels, as well as verification of their legality and compliance with international acts, federal laws and subordinate regulatory documents. Implementation of legal expertise, if necessary.
• Realization of registration of acts of civil status, granting of the possibility of state registration, as well as regulation of the conclusion of civil-law transactions, rights to real estate, registration of immovable property and so on. This list is not exhaustive, since it is characterized by the activities of local authorities.
• Implementation of regulation of the area of legal services.
• Implementation of control over the implementation of legislative and regulatory acts.
• Providing legal information to the public, if necessary, and on the most important issues.

The main functions of the justice bodies are distributed according to its system, which looks like this:

1. Ministry of Justice of the Russian Federation.
2. Bodies and institutions of MIS.
3. Ministry of Justice of the krais, republics and other regions that are part of the Russian Federation.

Ministry of Justice as the main, central apparatus of the system

The bodies of justice are the institutions and organizations that are part of the main Ministry of Justice of the country. As a rule, they include notaries, civil registry offices, the Russian Law Academy, legal information centers, forensic laboratories, editorial offices of official issues, and so on.

The Ministry of Justice is the central link whose main activity consists of leading and coordinating powers with respect to the territorial bodies and institutions that are part of the above system. In Russia, the status of the manager of this element of the state apparatus is the Minister of Justice, who has personal legal responsibility for the full implementation of the tasks assigned to the ministry.

How does the "legislative" system work? The Minister of Justice submits for the consideration of the head of state or the Government of the Russian Federation drafts of normative and legal documents. It is important to note that the minister has the right to submit only those documents that directly relate to the activities that he carries out.

As for the structure of this state agency, it consists mainly of departments, departments and departments. Each structural unit engages in the type of activity assigned to it in accordance with the procedure established by regulatory and legal acts. As an example, at the moment, the powers of the judicial authorities of the Russian Federation belong to the department for the systematization of legislation, the management of expert institutions, the department of judicial practice and so on.

A supporting role is assigned to the Scientific Center for Legal Information, the Center for Forensic Expertise at the federal level, and the Russian Law Academy.

The bodies of justice of the Russian Federation in the subjects of the country

It is easy to guess, based on the system presented above, that the justice bodies of the Russian Federation at the regional level are represented as ministries of the regions, republics, divisions of the subjects of the Russian Federation. Each region is defined independently by the head of the given ministry, the post of chief or minister.

All bodies of justice in the field, regardless of the form of their education, are subordinated to the Ministry of Justice and other federal executive bodies of state power. The powers of the justice bodies on the ground are in many respects similar to those of the central apparatus, so the regional justice bodies of the task, the functions are carried out as follows:

• They carry out norm-setting activities in the limits not prohibited by law.
• Organize the work of notaries in the field.
• Carry out licensing activities: issuing licenses, monitoring the validity period, applying legal measures of liability to persons who violated the law and so on.

In the future, it is planned to entrust bodies of subjects with the authority to organize the provision of material and technical facilities for world courts.

The main areas of activity of the justice bodies in the subjects are:

1. Legal support of norm-setting activities.
2. Realization of the state registration of local normative acts of both state authorities and legal entities and individuals (registration of real estate transactions, civil status records and so on).

Further directions are directly concretized in certain spheres; Tasks, depending on the objectives; Functions and authorities.

The role of the Ministry of Justice in the normative activities of government bodies

One of the most important spheres of activity (the notion of justice bodies confirms this) is norm-setting.

In carrying out the assignments of the President of the Russian Federation, the representatives of the Ministry participate in the examination of the compliance of normative and legal acts with respect to the law in relation to the higher legal documents. And this applies only to those acts that are sent for signature to the president of the country and have not yet passed the stage of official publication. This branch also includes the authority to consider the proposals of the Government of the Russian Federation on the issue of improving lawmaking. The Ministry of Justice is authorized and gives opinions on the need to draft a bill, justifying its point of view in writing.

Based on the foregoing, it is not surprising that the Russian Federation's judicial authorities have the authority to independently draft laws that are subsequently submitted to the Government of the Russian Federation for consideration. Legal expertise on the verification of the legality of regulatory legal acts is that if any inconsistencies (the Constitution of the Russian Federation, federal legislation, etc.) are revealed, the body adopting this document shall be given a reasoned conclusion. As a result, each body that adopted a particular legal act must send a copy to the Ministry of Justice for review.

Another area of activity is the implementation of work related to the systematization of legislation. So, justice in the Russian Federation contains the Uniform bank of normative acts of the state where everyone can familiarize with this or that norm. In addition, the Ministry of Justice is a direct participant in the compilation and publication of the Code of Laws of the Russian Federation.

Control over departments and institutions in the field

The implementation of this function is directly related to the norm-setting activities of the justice bodies, since monitoring is also carried out by checking compliance of the departmental NAPs with the Constitution of the Russian Federation, federal legislation and government regulations. Only after a full audit of the "local" bill with the consent of the judicial authorities, it passes the stage of official publication. Those acts that were not registered, however, contrary to the disagreement of the justice body, were promulgated, have no legal force, and, consequently, their non-compliance does not entail responsibility.

The control of local bodies is also carried out through the state registration of their charters: all-Russian, interregional, international associations. Religious organizations also belong to this category. In case of refusal in the state registration of religious education, it must immediately cease its activities, otherwise the association acquires the status of a religious sect that does not have the right to exist in Russia.

Another form of control is the implementation of state powers in the sphere of registration of commercial and non-commercial organizations. All necessary data are subject to mandatory entry into the Unified State Register of Legal Entities.

The bailiff service as a structural element of the Ministry of Justice

Numerous problems of the judiciary are due to the fact that they have a wide range of powers, which it is very difficult to distinguish between departments or departments. In order to clarify the structure of the functioning apparatus, it is necessary to mention a separate agency that is part of the system of the Ministry of Justice - the Federal Bailiff Service.

The main activity of this structural unit is aimed at ensuring compliance with the order of holding court sessions, the execution of criminal punishment in the form of a fine, as well as the implementation of other coercive measures.

The organization and coordination of the activities of this department are contained in the Federal Law "On Bailiffs", as well as in the regulatory legal acts governing executive enforcement.

The structure of this structural unit includes:

1. Chief Department of bailiffs, related directly to the Ministry of Justice of the Russian Federation.
2. Service of bailiffs of military courts.
3. Service bailiffs, located on the ground in the subjects: in the district or interdistrict divisions.

All bailiffs are divided into two groups, depending on the functions they perform:

• Bailiffs, which ensure the established procedure for the operation and functioning of courts, court sessions.
• Bailiffs who are authorized to execute a criminal penalty in the form of a fine, as well as other court decisions.

With a view to realizing the assigned powers, bailiffs have legal grounds for using physical force, for example, to ensure order in the courtroom.

The penitentiary system as one of the elements of justice

The penitentiary system is represented by the Central Office, whose main task is to coordinate and develop the state policy in the sphere of execution and serving of criminal penalties. In addition to the governing body, there are a huge number of institutions in the MIS that directly execute criminal penalties, as well as applying other criminal law measures. The central apparatus is presented in the form of a separate agency called the Federal Penitentiary Service, which also has a certain hierarchical structure.

The activity of MIS consists of the following areas:

1. Execution of sentences not related to deprivation of liberty. As a rule, the main role here is assigned to structural units in the form of criminal executive inspections, which maintain records, control the correction of persons convicted of compulsory labor, correctional labor, restraint of liberty, and so on.
2. Execution of criminal penalties related to isolation from society , organization of activities of institutions for the execution and serving of punishment in the form of deprivation of liberty in a form of correctional institution determined by the court .
3. Implementation of a preventive measure by a court order in the form of detention, by organizing the functioning of remand centers, as well as a number of other powers.
4. Carrying out by the staff of the MIS the escorting of prisoners sentenced to deprivation of liberty.
5. Resocialization of convicts and their return to society after serving a criminal sentence.

It is important to note that the above list of activities is not exhaustive, since the penitentiary system is represented by a disjointed branch of organizations of various types, including scientific research institutes of the Federal Penitentiary Service, higher educational institutions, supervisory bodies, and so on.