Legal status of judges as the basis of independent justice: theoretical and historical aspects

Abstract

The purpose of the article was to identify the historical prerequisites for the formation of the regulatory regulation of the status of judges in Russian legislation, as well as the influence of ideology prevailing in different periods of development of Russian state on the mechanism of legal support in the legislation of this institution. The use of the comparative historical method of cognition made it possible to conduct a retrospective review of the legislative framework of various historical periods in the context of analyzing the formation of legal status of a judge and its impact on the justice system. The main legal acts of the Russian, Soviet and modern periods are studied, and a progressive trend in improving the legal foundations for ensuring the status of judges is noted. It is concluded that the reform of the judicial system should be based on generally recognized principles of organization and administration of justice. The theoretical significance lies in the establishment of a similar nature of the reform of Russian legislation concerning the provision of the status of a judge in 1864 and 1991, as a result of which the principles of separation of powers, independence and irremovability of judges, and their subordination only to the law were proclaimed.