Problems of Judicial Control of Legal Implementation in Public Administration

Author Name(s): Ekaterina A. Khuzina*, Gabdrakhman H. Valiev
Author Email: eka5551@rambler.ru

Abstract

Constitutional proclamation of Russia as a legal state with elements of civil society imposes on state institutions the obligation to observe the constitutional principles of legality in the activities of state bodies. Judicial power is called upon to protect these principles.

The relevance of the topic of this study is conditioned by the reform of political and socio-economic relations in Russia, which are invariably related to the increased attention to human rights problems, their provision with various means of state power, among which the judicial power is the main one. The judicial control exercised by it ensures not only the recognition of human rights in full, but is also the most effective guarantee of democracy and freedom in Russian society. The adoption in 1993 of the Constitution of the Russian Federation, the reform of Russian legislation that is being made, shows that Russia has settled down to a course of serious intentions and actions in the field of human rights.

In the Address of the President of the Russian Federation to the Federal Assembly of the Russian Federation “Russia needs to be strong and competitive”, it was noted that a significant step was taken in modernizing the judicial and legal system. Most of the necessary legislative and other normative legal acts have already been adopted. The changes concerned not only the organization and working conditions of courts, but also procedures that protect the rights of an individual and the accessibility of justice.

The relevance of the research topic chosen is also confirmed by the fact that the optimization of the functioning of judicial authorities is not yet complete.

 

Introduction

Judicial control is one of the types of state control exercising the management function, which ensures the rule of law in administrative activities.Judicial control takes a special place in the system of guarantees of legality and suppression of abuse of law in the activities of state administration bodies.

It should be noted that the judicial power is discretionary and independent of the legislative and executive powers. In turn, it belongs to the government power and interacts with it: it controls the legitimacy of state power, ensures stability and protects its legal foundations.

Judicial control as a way to ensure lawfulness in public administration allows eliminating various abuses of law:breach of legislation and adoption of illegal enactments. The activity of the executive power is carried out on the basis and in compliance with the laws and is subordinate in nature; in this connection, there is a need for judicial control over its legality.

To date, in the legal science devoted to public administration problems, there are two types of judicial control: direct and indirect. Direct (targeted) judicial control is the activity of the judicial authorities in verifying the legality and compliance of the adopted normative act with a legal act higher by its legal force. In this case the question is solved: whether the adopted normative act retains its legal force or is partially lost it. Indirect (individual) judicial control is exercised in the verification of a legal file not related to the issue of compliance with this legal act. When considering a case, a court decides on the appropriateness of applying the legal act to specific disputable legal relations. In the event that a court decision is adopted on the illegality of a regulatory subordinate act to this caseand the act loses its legal force in relation to the contested situation.

Consequently, judicial control over legality in public administration is divided into two types: control over the legality of subordinate acts and control over the legality of individual legal acts.These types of control have been consolidated in the constitutional, civil and arbitration proceedings.

Conclusion

Thus, the modern judicial system of the Russian Federation requires further development and modernization.At the same time, judicial control in the sphere of administration should become one of its elements.Such judicial control is called upon to carry out administrative justice, the main function of which is to ensure the legality and validity of power actions (or inactions) by the courts and public authorities.Adoption of the Code of Administrative Court Procedure of the Russian Federation is a very significant and important event in the development of the judicial system of the country, indicating the improvement of the legal system of Russia, expanding the boundaries of legal statehood, bringing the structure of justice in the order meeting the standards of ensuring the rights, freedoms, legitimate interests of individuals and organizations [10].

Acknowledgements

The work is performed according to the Russian Government Program of Competitive Growth of Kazan Federal University.

References

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