Constitutionally Relevant Imperfections of Judicial Authority in the Russian Federation

Abstract

Fundamental drawbacks of the current domestic organizational and legal framework of all three components of judicial authority are considered—structure, proceedings, and status—which are in one way or another inconsistent with the provisions of article 10, part 1 of article 19, part 5 of article 32, part 1 of article 46, part 1 of article 47, clause “l” of part 1 of article 72, part 2 of article 118, and parts 2 and 3 of article 128 of the Russian Constitution. In the author’s opinion, local changes in individual legislative regulations and adjustments of law enforcement practices would not remedy the situation. Scientifically secured development, approval, and implementation of a state project under the working title “A Fair Trial” are necessary to modernize radically and intricately the entire mechanism of Russian justice, which is comparable in scale with the Judicial Reform of 1864.