'The legal institution of independence of the judiciary within Russian legal doctrine: determination of the concepts, functions, status and place within the legal system' Law and Politics nbpublish.com
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Rerikht A.A. The legal institution of independence of the judiciary within Russian legal doctrine: determination of the concepts, functions, status and place within the legal system

Published in journal "Law and Politics", 2015-5 in rubric "JUDICIAL POWER", pages 690-696.

Resume: The article states the goals and content of the legal construct of independence of the judicial authority/court/judges recognized as an independent legal institution. The author defines the original concepts, and lists the subjects of judicial independence, i.e. the judicial authority, courts and judges, determines their status and influence according to the Constitution of the Russian Federation and federal legislation. A separate analysis is conducted on the concept of independence by the Russian and German doctrines, as well as the notions of independence of the judiciary, and independence of judicial authority. The article gives the classification of the norms that regulate the independence of the judiciary. The author proposes to introduce into discourse (first and foremost into scientific) the notion of the zone of independence of the judiciary and explains its content, meaning, and prospects for implementation in legal comparative research and improvements to the Russian legislation.

Keywords: Law, Court, Judge, Independence, Guarantees, Legal institution, Judicial authority, Russia, Comparison of regulations, Procedural law

DOI: 10.7256/1811-9018.2015.5.13917

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Alekseev S.S. Obshchaya teoriya prava. M.: Prospekt, 2008.
Baranov V.M. Tekhnika pravotvorchestva. Priroda. Osnovnye priemy. Znachenie. M.: Yuniti-Dana, Zakon i pravo, 2010.
Satarov G.A., Rimskiy V.L., Blagoveshchenskiy Yu.N. Sotsiologicheskoe issledovanie rossiyskoy sudebnoy vlasti
Stroginovich M.S. Kurs sovetskogo ugolovnogo protsessa. M.: Izd-va AN SSSR, 1958. S. 111

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