Suleymanov Bigruzi Bukharinovich Court within the system of state power (methodological aspects)

Abstract: Judicial power Is not only one of the branches of the state power, or part of the state mechanism, it is also a reliable guarantee of the human rights and freedoms. An independent court is a part of the legal state and civil society. However, the attitude towards judicial power was not always positive. Even the forefathers of the concept of separation of powers (John Locke, Charles Montesquieu) underestimated the role and value of the court. The analysis shows that the powers of an independent court were recognized by the Fathers of the American Constitution. For them an efficient government system was a practical necessity, since a new state was formed based on the new social values. One should mention that the Russian legal system contained various attitudes to court. It was the Judicial Reform of 1864, which finally managed to somewhat change the attitude to the courts. However, in early XX century the well-known historical events got the judicial branch under the control of the party nomenclature. In our opinion the Russian society does not yet recognize the inalienable value of the court.

Keywords: