LAW-GOVERNED STATE EVOLVEMENT THROUGH THE PRISM OF THE COURT PRACTICE

Abstract

The article examines certain aspects in legal guarantees of the court special status as the main guarantor of the law-governed state and their impact on its activities. The author substantiates the thesis that the court and justice should be perceived as the foundation of civil society. Attention is focused on the fact that the formation of an independent and effective judicial system cannot take place without a direct and active role of the society. An important characteristic of the rule of law is the judicial system, which can act as an independent and impartial intermediary between the civil society and the state. Consequently, the path to the evolvement of a civil society must pass through the direct participation of citizens in the political life of the country and organization of a responsible judicial system. At this, justice should be considered both as a duty and the right of public authority, which is also based on the desire or unwillingness of individuals to assign such a power to the authorities. At the same time, in the spirit of the concept of separation of powers, exclusive attention should be focused on the analysis of theoretical and practical foundations of the judiciary in the conditions of the transforming Russian state, which is a complex, multidimensional task aimed at improving the legal regulation and activities of all the judicial system components, expanding the organizational and functional powers of the judiciary, as well as streamlining the rights and obligations of all participants in the judicial process. Summing up, the author notes that the judiciary in a law-based and democratic state should be based on such principles as to be independent and self-determined between the state and the individual.