THE FUNDAMENTAL PRINCIPLES OF THE ORGANIZATION OF THE JUDICIAL SYSTEM: A THEORETICAL STUDY

Abstract

Introduction: there are numerous legal studies, both general theoretical and applied, discussing the principles of law, the normatively established principles of the activities of the state bodies, the principles of legal proceedings. Meanwhile, the principles of the organization of the judicial system remain on the fringes of legal and historical-legal scientific research. Thus, the issues of identifying and understanding the essence and characteristics of the principles underlying the judicial system appear to be of particular importance for science and practice. Purpose: to formulate theoretical premises and substantiate generalized ideas about the fundamental principles of the organization of the Russian judicial system. Methods: theoretical methods (formalization and hypothetical-deductive method); general logical methods (analysis and synthesis, comparison and analogy, deduction and induction, systematization and classification, abstraction and generalization); empirical methods (collection of historiographic data, analysis of empirical data); dialectical, comparative legal, historiographical, and axiological approaches. Conclusions: through the study of the historical and legal foundations and the analysis of the basic concepts, the article reveals the essential characteristics of the cornerstone principles of the judiciary – the unity of the judicial system, the independence of the courts, the irremovability and independence of judges. The content and structure of these principles as well as the external and internal organizational legal functions they perform are identified and discussed.

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