Independence of Judicial Power: a Modern View

• Main Author: I. V. Dikova
• Format: Article
• Language: Russian
• Published: Omsk Law Academy 2019-09-01
• Series: Сибирское юридическое обозрение
• Subjects: judicial power; justice; court; judicial system; independence of judicial power
• Online Access: https://www.siberianlawreview.ru/jour/article/view/428

The article considers the problem of the independence of the judiciary on the basis of an analysis of general theoretical approaches to the definition of the concepts of "judiciary", "justice", "court" at the present stage of development of the theory of law and the state. The Author puts forward and substantiates the idea that the judiciary is an independent type of power relations, the specificity of which is the exercise of power relations based on the judicial method. Appearing at a certain stage in the development of society in response to the urgent need for a peaceful resolution of disputes and conflicts, the judiciary as an independent social phenomenon can have both state and non-state forms. However, the problem of the implementation of the principle of independence of the judiciary is especially acute in its state form, which, in our opinion, is due to the contradiction between the arbitral nature of the judiciary itself as a mechanism for the implementation of law and the imperious nature of the state seeking to use it in its own interests.