Essential issues ofjudicial power meсhanism improvement in the Russian Federation

About the author:

Mikhail I. Kleandrov, Corresponding Member of the RAS, Dr. Sci. (Jur.), Professor, Chief Research Associate, Institute of State and Law of the RAS (Moscow); mklean@ksrf.ru

Abstract:

According to the central idea of the article, the consistent flaws of judicial power mechanism in the Russian Federation are generally caused by the absence of a certain institution personifying judicial power. The current situation leads to the following negative consequences: the absence of a certain institution in charge of judicial power mechanism development strategy, as well as of ensuring the independence of judges and courts; non-compliance with the constitutional principle concerning the equality before the law and court (Article 19 (Section 1)) and the judicial protection of human rights and freedoms (Article 46 (Section 1)) etc. The author emphasizes that such institution in Russia would not belong to the judicial brunch, just like in many other countries, where such body of power is already created under constitutional framework.

References:

1. Federal Constitutional Law of December 31, 1996, No. 1-FKZ «On the judicial system of the Russian Federation». Collection of Laws of the Russian Federation — Sobranie zakonodatel'stva Rossiiskoi Federatsii. 1997. № 1. Art. 1. (in Russian).

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