Uniform judicial enforcement as a tool to assure rule of law

Abstract

Vishnevskiy German - Postgraduate student, Departmentof Judicial Power and Justice, Law Faculty, National Research University Higher School of Economics, attorney at OOO KRK Strakhovanie. E-mail: vishnevskiy_g@mail.ru  
Address: National Research University — Higher School of Economics, 20, Myasnitskaya str., Moscow, 101000, Russian Federation.

The paper tackles the problems relating theoretical interpretation of uniform judicial enforcement which is subject to implementing in the system of justice and as a concept in the framework of rule of law and equality of citizens before court and the law. Part of the analysis is devoted to modern ways of providing uniform implementation of legal standards in judicial enforcement during legal process. The author challenges common in law and legal practice interpretation of uniform judicial enforcement. However, this interpretation of uniform judicial enforcement is not in line with the rule of law principle, excludes the necessity for a court to monitor legal norms which are subject to implementation. The author argues that the hierarchy of court system and constitutional authorities of higher courts as to interpreting current norms should not create the pattern authority – subordination between higher and regular courts and not promote to shaping the elements of administrative regulation which as a phenomenon corrupting the essence of justice is common nowadays. The article makes a conclusion that judicial enforcement should be aimed at solving (by all the judicial bodies) social and legal conflicts on the basis of equity (rule of law) implying the ban on discrimination to implement judgement. Judicial acts which have caused an uneven balance of rights and obligations by deprivation or limitation of widely recognized rights and freedoms makes up a violation of uniform judicial enforcement.