STAGES OF CONSTITUTIONALIZATION IN RUSSIAN JUDICIAL SYSTEM

Authors

  • Andrey Georgiyevich Kuzmin Author

Abstract

The article presents the author's periodization of the process of constitutional and legal
consolidation and complex multi-level specification of the positive law and the law of modern
Russian judicial system. In particular, one can define the following stages: the stage of
formalization of the institute of judicial authorities in the Russian Federation, as institutionally
visible and coherent set of constitutional and legal norms and societal stage design of this
type of state power, as a specific, multi-faceted variety of public relations, special and effective
means of resolving social, political and economic conflicts on the basis of the law. The
thesis that the required in the context of constitutionalization theory consideration of the judiciary
from the perspective of institutes of constitutional law identifies the challenges facing
the state and society and must be solved by the implementation of the methods of constitutional
and legal regulation. The ongoing transformation of the constitutional law regarding
institutional and substantive devices of the judicial system, necessitate a change of institution
of the judiciary as a constitutional institution. Submission of the same legal nature, the logic
of development and functioning of the judicial system, forming the investigated institution
allow us to objectify criteria for the evaluation of the legislator in the field of constitutional
regulation.

Author Biography

  • Andrey Georgiyevich Kuzmin

    Judge of Arbitration court of Chelyabinsk region, Candidate of
    Sciences (Law), Associate Professor, Professor of Entrepreneurial and Commercial Law Department,
    South Ural State University, Chelyabinsk, Russian Federation.

Issue

Section

Problems and Questions on Constitutional and Administrative Law