The Question of the Conceptual Apparatus of the Russian Judicial System

Abstract

The paper is devoted to the formation of the conceptual apparatus of the Russian judicial system as an independent branch of law with its own specific subject and method of regulation. The current Russian judicial system legislation is a set of normative acts regulating the organization of various types of courts that form the judicial system of the Russian Federation (the Constitutional Court of the Russian Federation and constitutional (statutory) courts of constituent entities of the Russian Federation, courts of general jurisdiction and arbitrazh (commercial) courts). A separate block of judicial laws consists of normative acts on the legal status of judges, jurors and arbitrazh (commercial) courts assessors, as well as on the bodies of the judicial community and the bodies ensuring the activities of the court. All laws contain a certain categorical apparatus, which is often called a conceptual apparatus. The authors draw attention to the fact that, despite its great importance, there is virtually no terminological unity in the sphere of the judicial system. Many doctrinal definitions do not find their legal support, and therefore receive different interpretations and meanings, which is unacceptable in a developed legal system. In addition to analyzing the conceptual apparatus, the authors also make a conclusion about the need to adopt a unified judicial code that would solve many problems of legal science and practice. The study of the issues of the conceptual apparatus of the Russian judicial system makes it possible to summarize that, firstly, the basic and derived definitions of the judicial system are practically absent in the texts of normative legal acts; secondly, the same terms are used in different meanings; thirdly, a clear categorical apparatus has not been developed, which is necessary for any branch of law; finally, it is necessary to adopt a unified judicial code.