Open AccessThe Legal Nature of the Judicial Compliance Assessment
Author(s) -
Ilyas Evloev
Publication year - 2021
Publication title -
sibirskij ûridičeskij vestnik
Language(s) - English
Resource type - Journals
eISSN - 2071-8144
pISSN - 2071-8136
DOI - 10.26516/2071-8136.2021.1.8
Subject(s) - compliance (psychology) , function (biology) , political science , law , economic justice , institution , judicial review , arbitration , separation of powers , psychology , constitution , social psychology , evolutionary biology , biology
The article examines the legal nature of the judicial compliance assessment, its correlation with the concepts of «judiciary»,«justice», «compliance assessment», «judicial control», «legal proceedings». In the legal literature the essence of this category is defined differently: it is considered as a function, objective, means, activities, process. Describing the concept of “function” as the main direction of the activity of different authorities, judicial compliance assessment is considered to be one of the functions (essential manifestations) of the judiciary. The leading role in the implementation of separation of powers and effective participation of courts in the system of checks and balances allows us to consider this institution as a function fulfilling the purpose of the judicial power. The judicial compliance assessment is a part of justice, which is the main function of the judiciary, and it’s implemented through constitutional, civil, arbitration, administrative and criminal proceedings. Thus, the legal proceedings are a form of realization of the compliance assessment functions of the judiciary. At the same time, the judicial compliance assessment is a kind of compliance assessment in general as the activity of the entire system of the competent authorities to assess regulations. Based on the results of the analysis of various positions of lawyers regarding the legal nature and content of judicial compliance assessment author offers his vision of the place of this institution in the system of functions of the judiciary and its main characteristics.