I.R. Latypova

The Constitutional Basis for Financing the Judiciary in the Russian Federation

2015. No. 3. P. 119–130 [issue contents]
The article is a detailed analysis of article 124 of the Constitution of Russia. The article explores the issues of legislative regulation of court financing from the federal budget; discusses the causes of discrepancybetween the provisions of the federal legislation and the Constitution of Russia concerning the material support of the judiciary; studies the problem of quantitative and qualitative measures of funding the judicial system, ensuring its independence, transparency and openness. Other issues for the discussion presented are the adequacy in funding courts and the question of the need to arrange a list of state bodies and officials authorized to perform the material support of judiciary. A special attention is paid to studying experience of the leading countries in the matters of budgetary financing of judiciary. For example, the legislation in the U.S., Japan, the Netherlands, the Republic of Lithuania demonstrate the model of financing courts on the basis of a separate budget line, formed by the bodies of judicial power independently,the procedure of harmonization of legal expenses with the executive authorities, guaranteeing the rights and legitimate interests of the courts. Finally, the author formulates proposals for improving the legislation and comes to the conclusion on the necessity to adopt a federal law regulating the issues of financial security of the judiciary to create in Russia an independent, open and self-regulating court motivated to present high standards. The need to adopt a separate federal law regulating the financing of the judicial system is shown in article 124 of the Constitution of Russia, fixing that funding shall be in accordance with federal law. The article identified the following key provisions of the proposed law: sources of fundingof the judiciary; the judicial procedure for the preparation of the budget; the budget structure of the courtand its main indicators; the procedure for approving the budget of judiciary with the Russian Government; the control over the expenditure of budgetary funds by the judiciary. The author proposes three majour parameters that make up the budget of the Court, as well as determine the list of public bodies having theright to receive funds from the budget and distribute them among the courts.
Citation: Latypova I. (2015) Konstitutsionnye osnovy finansirovaniya sudebnoy vlastiv Rossiyskoy Federatsii [The Constitutional Basis for Financing the Judiciary in the Russian Federation]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 3, pp. 119-130 (in Russian)
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