Justice as a security function of the human rights nature of judicial authority

Introduction. In the article the author’s view of justice as one of the most important security func­tions of the human rights nature of judicial author­ity is set out. The author defines the factors which determine the level of credibility and the nature of as­sessment by society of judicial authorities’ work (as a result – all judicial system of Russia). The nature of judicial authority, its structure and system in many respects are based on the function of justice (imple­mentation of judicial authority in the system of divi­sion of the authorities) as most important type of law enforcement and also on the nature and functions of legislature adopting laws which are then construed by court. Only the court, based on construction and analysis of standards of legislation (analogy of leg­islation) and law (analogy of law), within the “cor­ridor” of the current legislation, can draw the final conclusion which can be equated to the law based on its validity and need for its execution by obligatory use of coercion.  

Materials and methods. The methodological basis of the research includes the following general scientific and special methods of researching legal phenomena and processes in the sphere of the judicial law and justice: method of the system and structural analysis; synthesis method; analysis method; com­parative method; formal method; statistical method.  

Results of a research. As a result of the analysis it is revealed that law enforcement is possible only on the basis of interpretation or specification of law by a judge in each individual case. Law enforcement is law in operation, and justice (under the judicial acts which have come into force) a final way of ensur­ing universality and uniformity of rules of law. Law enforcement is impossible without the current legis­lation which is exposed to continuous changes and additions; which change law enforcement itself.  

Discussion and conclusions. It is proved that the structure of judicial system is defined by the hu­man rights nature of judicial authority and by the character of the substantive law applied in each type of legal proceedings. The author of the dissertation suggests proceeding from a new – the author’s – understanding that judicial authority by means of a security function of justice is a source of creation of the standards of behavior (forbidding, obliging) for certain citizens and/or their groups. It is proved that the understanding of justice only as the type of human rights activity is narrow and doesn’t meet the purposes of improvement of the judicial system of Russia.

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