Эра судов в политико-правовой трансформации России: идеи и реалии

Abstract

Abstract: Introduction. The author, proceeding from the understanding that the discussion and construction of the image of the future makes it possible to find answers to the challenges of the time, invites you to discuss the idea of the «era of courts» expressed in Russia. The development of the conceptual foundations of the judiciary development is an element of the formation of the law of the future, the contours of the future political and legal sphere of the country.
 The discussion of the era of courts in Russia is carried out in the context of the analysis of the complex and contradictory process of institutionalization of the judiciary. The author understands this process as the acquisition by the judiciary of its inherent legal nature within the framework of filling it with adequate legal content of the organizational forms and legal statuses enshrined in this area and identifies a number of stages in the process. The era of courts is considered as a new promising stage in the institutionalization of the judiciary, within the framework of which it’s legal nature will be most fully realized, and its place and role in the transformation of the political, legal and socio-economic spheres of Russia have been changed.
 Methods. The research is based on the use of general scientific, private scientific and special methods of cognition. The work uses historical-legal, comparative-legal, formal-legal methods. In the course of the study, a rather rarely used prognostic method was applied.
 Results. The paper examines the factors underlying the formation of a new stage in the institutionalization of the judiciary, its substantive characteristics are predicted, in particular, derivation from institutional and political factors, basing the judiciary in the eyes of society and power structures on high public authority the courts going beyond their traditionally understood jurisdiction, including the referral to the courts of controversial issues of an overtly political nature and significance, transformation of the existing model for resolving social conflicts by supplementing the traditional political model with a significant judicial element. 
 The article characterizes the author’s understanding of the role of the judiciary in social development as a driver of growth, as an institution, ensuring the stability and efficiency of the functioning of the established legal forms of social and economic turnover, and legal limits to the activity of power structures.
 The author carries out a formal legal measurement of the steps taken to institutionalize the Russian judiciary, primarily within the framework of the updated Constitution of the Russian Federation. It is stated that the judiciary in modern conditions does not fully manifest the legal nature inherent in it, ensuring sustainable and dynamic development of the country.