THEORETICAL PROBLEMS OF THE JUDICIARY OF THE RUSSIAN FEDERATION: JUDICIARY AS A SOCIAL AND LEGAL INSTITUTION
The article describes the judiciary as an independent social institution with a complex socio-legal nature caused, on the one hand, by the independence and autonomy of the judiciary, on the other hand - by the need of society in the state to ensure the organization and implementation of the judicial power on the territory of the state as a whole. According to the authors, judicial power as a unique social institute, resolving social and legal conflicts, influencing social processes, protecting legitimate interests of citizens, society and later the state, always exists in historically formed forms of joint activity of people; has a certain structure, system of roles and statuses at different stages of development of social and cultural environment, establishes effective patterns of behavior. The activities of such an institution are based on exclusive principles and regulated by inherently unique norms. The essence of judicial power as a unique social and legal phenomenon lies in the possibility and ability to legally, carried out in strict accordance with relevant social norms-customs, authority, legal coercion to resolve various social conflicts.