Fomin Aleksey Aleksandrovich, Doctor of juridical sciences, associate professor, professor, sub-department
of justice, Penza State University (40 Krasnaya street, Penza, Russia), email@example.com
Background. A major precondition and at the same time a factor of formation of the judicial system of a democratic type is the existence of civil society which serves as a pledge of preservation and strengthening of constitutional legal principles of organization and activity of bodies of the judicial authority. The purpose of the article lies in carrying out philosophical and legal research of problems of interaction of the civil society and the judicial system in modern Russia. In the course of research of existing forms of mutual influence of the considered systems, on the basis of the accounting of diverse communications of their structural elements and the revealed problems which are slowing down their formation and improvement, the author sets a goal to define perspective models of mutual influence of the civil society and the judicial authority, meeting actual requirements of the Russian society.
Materials and methods. The methodological base of research includes conceptual provisions of the dialectical-materialistic method of knowledge, other general scientific and special methods developed by science, approved by practice and logic of the present article, such as the historical, system, structurally functional, synergetic, comparative and legal, legallistic methods.
Results. The article suggests scientifically reasonable recommendations on improvement of the law-making and law-enforcement activity, directed to increase the influence of the institutions of civil society both in the general mechanism of legal regulation and in the mechanism of judicial activity in particular.
Conclusions. The civil society and the independent and impartial court represent the causally interconnected necessary system components of the constitutional state development; one phenomenon is impossible without adequate improvement of another. Therefore, the efficiency of the remedy and the rehabilitation of rights and legal interests of the subjects of legal relations, and, eventually, the opportunity to achieve stable law and order and democracy in a country depend on how detailed will be the development in legal theory of the order and method of civil institutions’ participation in formation and execution of the judicial authority.
1. Zor'kin V. D. Rossiya i Konstitutsiya v XXI veke. Vzglyad s Il'inki [Russia and Constitution in the XXI century. View from Ilyinka]. Moscow: Norma, 2007, 400 p.
2. Russo Zh.-Zh. Ob obshchestvennom dogovore. Traktaty: per. s fr. [On the Social contract. Treatises: translation from French]. Moscow: KANON-press, 1998, 416 p.
3. Baytin M. I. Sushchnost' prava (Sovremennoe normativnoe pravoponimanie na grani dvukh vekov) [Essence of the law (Modern normative understanding of the law at the turn of the century)]. Moscow: Pravo i gosudarstvo, 2005, 544 p.
4. Solov'ev V. S. Sobr. soch.: v 2 t. [Collected works: in 2 volumes]. Moscow: Akademiya nauk SSSR, In-t filosofii, 1988, vol. 2. Available at: http://lib.rin.ru/doc/i/9954p1.html.
5. Gessen V. M. Isklyuchitel'noe polozhenie [Exceptional situation]. Saint Petersburg: Pravo, 1908, 109 p.
6. Shafirov V. M. Obespechenie prava: chelovekotsentristskiy podkhod [Law provision: person-centered approach]. Krasnoyarsk: Yurid. in-t Krasnoyar. gos. un-ta; RUMTs YuO, 2005, 228 p.
7. Kolokolov N. A. Sudebnaya vlast' kak obshchepravovoy fenomen: avtoref. dis. d-ra yurid. nauk [Judicial authority as a social phenomenon: author’s abstract of dissertation to apply for the degree of the doctor of juridical sciences]. Nizhniy Novgorod, 2007, 52 p.
8. Yartsun S. V. Zakon i pravo [Law and rights]. 2001, no. 6, pp. 6–8.