independence of the judiciary - one of the most important principles and criteria of justice.Legal grounds for the principles of independence adopted by the 7 UN Congress, which considered in 1985 the problem of crime control and its prevention.Then, these provisions have repeatedly supplemented and refined by various international and national regulations.
special attention in this regard should be paid to Art.120 of the Constitution of Russia, where he sets out the principle of judicial independence.Its essence can be expressed as follows: Judges in the Russian Federation are independent and not subject to any institutions other than the Constitution and federal regulations.Then, after the adoption of the new Constitution of the Russian Federation, in the law governing the legal status of the judiciary, it was noted that judges are not accountable to anyone on the implementation of legal activity.
meaning of this provision is to be understood as the formation of conditions for professional activities of judges, which would allow them to make decisions on the basis of laws and in accordance with their own convictions.These conditions can be considered implemented only when the court, in accordance with the law, self-contained and shielded from any external influence.
Only in this case the principle of independence of judges is really to ensure the independence of the whole legal system.
Judicial independence serves as a condition for administering justice to be spared from any attempts to pressure from individuals and organizations, including the authorities of the state.The principle of judicial independence requires that each its decision the court is guided his conviction, based on the law and of justice.
independence of judges, as well as the other - the principle of the inviolability of judges, constitutional guarantees are provided: a special procedure of the law, prohibition of interference in judicial activities, ensuring the integrity of judges and others.
All these guarantees can be classified into political, economic, legal and professional.Irremovability and inviolability of judges should be considered as one of these guarantees, which takes in the classification of a special place, as seen from several spheres of influence on the legal status of judges.
The political safeguards include requirements for judges are not members of political parties and other organizations that could potentially use its influence and credibility as the resource impact on the judge.In addition, the principle of judicial independence prohibit judges to represent anyone's interests in any institutions and organizations, including the interests of the public authorities.
Economic guarantees include provisions according to which the judiciary is provided by the state free housing and some social benefits.
legal safeguards is a rule that statutory shield judges from interference in their professional activities of anyone, including the institutions of the state.
Professional guarantees are made that the state, in addition, that the force of the law takes under its protection of judges, provides the same protection and their family members.To the list of professional guarantees should also include a special procedure for the appointment of judges and his turnover.
The law also provides for a system of sanctioning the cases of intervention in the work of judges or pressure on them.
Thus, securing the right of the principle contributes to the objective and impartial performance of functions by the courts of justice.Any extraneous influence on them is unacceptable and in accordance with the law entails responsibility.
