How justice works. Ministry of Justice

Ministry of Justice Russian Federation- federal body executive power, designed to ensure the implementation of state policy in the field of justice. The Ministry of Justice is headed by a minister who is a member of the Government of the Russian Federation.

The activities of these bodies are mainly organizational and managerial in nature. However, currently the justice authorities concentrate such law enforcement function, as the execution of sentences imposed by the court, and other court decisions.

The organization and activities of justice bodies are based on the Law of the Russian Federation "On the Council of Ministers - the Government of the Russian Federation", as well as the Regulations on the Ministry of Justice of the Russian Federation, decrees of the Government of the Russian Federation and decrees of the President of the Russian Federation.

The justice authorities are entrusted with next tasks: participation in legal support rule-making activities of the President of the Russian Federation and the Government of the Russian Federation; carrying out legal expertise legal acts adopted by bodies state power subjects of the Russian Federation; organizational and legal support judicial reform; state registration legal entities, acts civil status, rights to real estate and transactions with it; regulation of the sphere legal services; control over the implementation of legislation; legal informatization and others.

The justice system consists of:

* Ministry of Justice of the Russian Federation;

* ministries of justice of the republics that are part of the Russian Federation, departments (departments) of justice of territories, regions, autonomous okrugs, Autonomous Region, Moscow and St. Petersburg;

* bodies and institutions of the penal system. The system of the Ministry of Justice includes institutions and organizations in relation to which the justice authorities carry out some management functions - notaries, registry offices, laboratories forensic examinations, Russian Law Academy, Science Center legal information, editors of some magazines.

Ministry of Justice of the Russian Federation. The Ministry of Justice of the Russian Federation is the central body that manages the activities of territorial justice bodies and other institutions and organizations included in its system. It is headed by the Minister, who is personally responsible for the implementation of the tasks assigned to the Ministry and its bodies. The Minister submits for consideration of the President of the Russian Federation and the Government of the Russian Federation draft regulations on issues within the competence of the Ministry of Justice of the Russian Federation, and signs in the prescribed manner international treaties Russian Federation on legal assistance in civil, criminal, family matters, makes submissions to the President of the Russian Federation and the Government of the Russian Federation on holding officials accountable federal bodies executive power due to their failure to comply or improper implementation of the Constitution of the Russian Federation, laws and regulations of the Government of the Russian Federation and the President of the Russian Federation. The Minister of Justice of the Russian Federation heads the Council for Personnel Policy under the President of the Russian Federation, which considers candidates for appointment to the position of judges federal courts of the Russian Federation, is a member of the Council for Judicial Reform under the President of the Russian Federation. The Minister has deputies, and a collegium operates under him as an advisory body, which, in addition to the Minister and his deputies, includes other senior officials of the Ministry. The board is discussing critical issues activities of the Ministry of Justice of the Russian Federation, its decisions are implemented by orders and instructions of the Minister of Justice.

Structurally, the Ministry of Justice of the Russian Federation consists of directorates (departments) and departments, each of which heads work in one of the areas of activity of the ministry: Directorate for Systematization of Legislation, Directorate for Organizational and Legal Support of Legal Assistance, Directorate for Registration of Departmental Normative Acts, Directorate of Expert Institutions, Department judicial practice etc. As an independent structural unit, the Ministry of Justice of the Russian Federation includes central authority penal system. The management of the divisions is carried out by chiefs appointed by the Minister.

The Russian Federal Center for Forensic Expertise, the Scientific Center for Legal Information, and the Russian Law Academy are affiliated to the Ministry of Justice of the Russian Federation.

Justice authorities of the constituent entities of the Russian Federation. In the constituent entities of the Russian Federation there are ministries of republics, departments (departments) of justice of territories, regions and other constituent entities of the Russian Federation, headed by ministers and heads of departments, respectively. On issues within the jurisdiction of the Russian Federation, justice bodies are subordinate to the Ministry of Justice of the Russian Federation; on issues joint management of the Russian Federation and its constituent entities - to the Ministry of Justice of the Russian Federation and executive authorities of the constituent entities of the Russian Federation. The justice bodies of the constituent entities of the Russian Federation carry out activities to ensure rule-making activities legislative bodies subjects of the federation, organization of notary work, licensing work. It is expected that they will be entrusted with the organization of logistical support for the activities of justices of the peace.

Structurally, the ministries of justice of the republics within the Russian Federation and the departments (departments) of justice of the constituent entities of the Russian Federation consist of departments that carry out work in accordance with certain functions of the justice authorities.

The main activities of the Ministry of Justice include:

1. Participation in the legal support of rule-making activities. This direction is implemented by coordinating the activities of federal executive authorities in preparing bills introduced into Federal Assembly By the Government of the Russian Federation as a legislative initiative.

2. Conducting a legal examination of legal acts. In the event of a discrepancy between legal acts adopted by public authorities of the constituent entities of the Russian Federation, the Constitution of the Russian Federation or federal law, the Ministry of Justice submits a reasoned conclusion to the public authority of the constituent entity of the Russian Federation that adopted the legal act, and to the relevant federal public authorities. The Ministry of Justice is also entrusted with the functions of the general customer of the interstate system of legal informatization in the Russian Federation. The Ministry also determined authority, which coordinates work on the creation of national data banks used for interstate exchange of legal information between CIS member states.

3. State registration of departmental regulatory legal acts of federal executive authorities. In the field of legislation, the Ministry of Justice exercises control over the compliance of departmental normative legal acts with the Constitution of the Russian Federation, the federal constitutional laws, federal laws, decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation; state registration of regulatory legal acts of federal executive authorities affecting the rights and legitimate interests of citizens or of an interdepartmental nature; control over the timeliness and correctness of their official publication; participates in preparation for release official publications- codes and collections of legislation, deals with systematization of legislation, maintains a bank of normative legal acts of the Russian Federation, participates in the compilation and publication of the Code of Laws of the Russian Federation.

4. Ensuring the established procedure for the activities of courts. This function is assigned to the service bailiffs, part of the system of bodies of the Ministry of Justice.

5. Execution of judicial acts and acts of other bodies. In this area of ​​activity, the Ministry of Justice organizes and controls the order enforcement acts of courts general jurisdiction and arbitration courts, which, when implementing established by law powers have been granted the right to impose on citizens, organizations or budgets of all levels the obligation to transfer funds and other property to other citizens, organizations or the relevant budgets or to perform certain actions in their favor.

6. In connection with the reform of the country’s penitentiary system and the improvement of the system for the execution of criminal sentences in accordance with the Decree of the President of the Russian Federation of October 8, 1997 “On reforming the penal system of the Ministry of Internal Affairs of the Russian Federation,” it is envisaged to transfer the penal system to the jurisdiction of Ministry of Justice and entrust the Ministry of Justice with the function of ensuring the execution of criminal penalties.

7. Organization and development of the system legal services. In the field of providing legal services for citizens and legal entities, the Ministry of Justice cooperates with associations and organizations of lawyers; is obliged to contribute to the development of the legal services system. Its bodies register and issue licenses to citizens and legal entities for the right to engage in activities to provide legal services; participate in legal education citizens.

8. Participation in international legal protection of the rights and legitimate interests of citizens. In this area, the Ministry of Justice of the Russian Federation is vested with the functions of submitting, in accordance with the established procedure, proposals agreed with the Ministry of Foreign Affairs of the Russian Federation on the conclusion of international treaties of the Russian Federation on legal assistance legal entities and individuals in civil, family, criminal and other cases and on his behalf conducts the necessary negotiations. Concludes agreements on legal cooperation with relevant authorities foreign countries and international organizations. Organizes the implementation of treaties on legal assistance, conventions and agreements in the part falling within its competence.

9. Monitoring the implementation of legislation. When exercising such control, the Ministry of Justice is vested with the following functions:

* request from federal executive authorities and executive authorities of constituent entities of the Russian Federation information related to statutory activities public associations;

* submit to the President of the Russian Federation and the Government of the Russian Federation proposals to hold officials of federal executive bodies accountable for cases of non-compliance or improper implementation of the Constitution of the Russian Federation, federal laws, decrees and orders of the President of the Russian Federation, decrees and orders of the Government of the Russian Federation.

10. Implementation of state policy in the field of legal protection intellectual property.

11. State registration of rights to real estate and transactions with them, creation of a Unified state register rights to real estate.

12. Registration of charters of public and religious associations.

13. Interaction with lawyers and notaries in order to ensure constitutional law citizens to receive qualified legal assistance; issuance of licenses for the right of notarial activity; coordination of activities for state registration of civil status acts.

14. Management of the activities of forensic institutions, their creation, development and improvement.

15. Providing personnel for justice bodies and institutions, improving the qualifications of personnel. In the field personnel policy State Ministry of Justice interacts with relevant educational institutions for the training of legal personnel; organizes work to provide personnel for justice bodies and institutions, their professional training, as well as training and advancement legal qualification personnel for federal executive authorities.

See also:

Many words and definitions came into Russian from Latin. Let's consider what justice is.

Justice literally means legality and justice. It is also a multi-level system that includes judicial institutions or judicial departments. It refers to the legal field that is formed by man and is indivisible.

Other meanings

Below are other meanings of this word:

• Justice is justice, as well as the type of activity of the state in which judicial power is exercised.
• The ancient Romans called their goddess of justice Justitia.
• The plant, belonging to the Acanthus family - perennial flowers, is also called justice.

The concept of “Justice” is used in the following terms:

• Juvenile justice - specialized government bodies, which examine crimes committed by children.
• Administrative justice includes bodies that specialize in considering cases concerning administrative violations.
• Justice bodies - this name is given to all institutions related to the Ministry of Justice.

Specialization of the Ministry of Justice

Let's look at what the Ministry of Justice does:

• Registration of acts that are approved executive bodies. These documents may state legal status, relate to human rights or be of an interdepartmental nature.
• Manages bailiffs who specialize in the enforcement of court decisions.
• Execution of criminal penalties. Here the problems of holding accused or defendants, as well as people who are in custody, are solved. Services of the Ministry of Justice monitor suspended sentenced persons or people who have a deferred sentence.
• Management of the work of expert institutions: laboratories or centers.
• Granting notaries the appropriate powers that will allow them to perform notarial acts. In addition, the Ministry of Justice monitors the performance of their duties and issues licenses.
• Authentication of signature and seal. The ministry specializes in the legalization of documents that do not have an apostille.
• Regulating the issuance of acts related to civil status and monitoring the work of civil registry offices.
• Registration of rights to real estate, as well as transactions made with it. The Ministry of Justice controls the work of the relevant territorial bodies, assists them.

Now you know all the meanings of the word “justice” and can successfully apply them. You also found out what the Ministry of Justice does, what important functions it performs for the state and people. In chapter

The Ministry of Justice is engaged state registration regulatory legal acts of federal executive authorities.

Finally, we have reached the most legal of all ministries, which operates on the basis of the Regulations on the Ministry of Justice of the Russian Federation . It has many important and useful functions for us, so let's look at them in order.

1. The Ministry of Justice is engaged state registration of normative legal acts of federal executive authorities, which relate to the rights, freedoms and responsibilities of a person, or establish the legal status of organizations or are of an interdepartmental nature. It was already said in Chapter 2 that if they are not registered by the Ministry of Justice, they do not come into force and cannot be applied.

2. Ministry of Justice heads the Bailiff Service, which deals with the enforcement of court decisions. It is headed by the Chief Bailiff - Deputy Minister of Justice of the Russian Federation.

It includes: the department of bailiffs of the Ministry of Justice, the bailiff service of the Office of Military Courts of the Ministry of Justice, the bailiff services of the constituent entities of the Russian Federation, as well as district, interdistrict, etc. bailiff units.

And here everything is very simple: you need to complain about lower-level units of bailiffs to higher ones.

3. The Ministry of Justice is engaged execution of criminal penalties, maintenance of suspects, accused, defendants and convicts in custody, their protection, transfer and escort, as well as monitoring the behavior of suspended sentences and convicts who have been granted a deferment by the court. Previously, this work was carried out by the Ministry of Internal Affairs, but now it is handled by the Ministry of Justice.

4. Ministry of Justice manages the work forensic institutions However, there are also institutions conducting forensic examinations in other departments (for example, the Expert Forensic Center under the Ministry of Internal Affairs of the Russian Federation, etc.). Main expert institution Ministry of Justice is Federal Center Forensic Expertise of the Russian Federation, located in Moscow. In the regions, examinations are carried out centers of expertise, laboratories, etc.

5. Ministry of Justice gives notaries the authority to perform notarial actions , monitors the performance of their duties, issues them licenses, etc.

Control over notaries working in government notary offices, are handled by the justice authorities, and notaries engaged in private practice are supervised by notary chambers.

Definition. The Notary Chamber is a non-profit and non-governmental organization, which includes all notaries engaged in private practice. Therefore, we can say that in the face notary chamber Notaries control themselves and they are rarely too strict with themselves.

6. The Ministry of Justice maintains registers of lawyers and participates in the work of bar chambers. At the same time, the Ministry of Justice is guided by the Federal Law of May 31, 2002 No. 63-F3 "On advocacy and advocacy in the Russian Federation" 35 .

Definition Bar Chambers- This non-profit organizations, whose members are lawyers, referred to in the law as “independent legal advisers” legal issues" Chambers are created in each subject of the federation and, in addition, there is Federal Chamber lawyers of the Russian Federation.

We will talk about lawyers and control over them in Chapter 6.

7.The Ministry of Justice certifies the authenticity of a notary’s signature and his seal when legalizing documents. Documents received from another state must be legalized, i.e. a special body (in our country this is the Ministry of Justice) must confirm the authenticity of the seals and signatures on them, since the authorities of another state do not have the opportunity to verify it themselves.

Legalization is complex procedure, therefore, some international treaties provide that the signatory states accept each other official documents without legalization, if they have an apostille, i.e. stamp confirming the authenticity of signatures and seals.

Finally, there are countries that accept documents even without an apostille, but this must be specifically stated in international treaties

8. Ministry of Justice regulates the work of civil registration, which is handled by the civil registry office.

Definition. Civil status acts are birth, marriage, divorce, adoption, establishment of paternity, change of name and death.

9. The Ministry of Justice is authorized body on registration of rights to real estate and transactions with it.

Real estate, (i.e. land, subsoil, and everything that is firmly connected to the earth, in other words, things that cannot be moved without damaging their purpose, including forests, buildings, structures) are the most valuable and important things for society. Therefore, the rights to them are registered by the state in special order.

Registration is carried out special bodies justice, which are created by the subjects of the federation. For example, in Moscow this is the Institution of Justice for registration of rights to real estate and transactions with it on the territory of Moscow, and in the Moscow region - the Moscow Regional Registration Chamber.

The Ministry of Justice controls their work, provides them with assistance, and also appoints and dismisses registrars in agreement with the executive authorities of the constituent entities of the federation.

Approved Decree of the President of the Russian Federation of August 2, 1999 No. 954

The field of law is one of the most famous topics. Very often we like to discuss various restrictions, problems and conflicts. But as a rule, not very significant attention is paid to the institutions that monitor the expression of rights. One of these is the Ministry of Justice. This is one of the most important institutions what is needed to create rule of law. What is he? What functions are assigned to it? What structures are included in the Ministry of Justice of the Russian Federation? Let's figure it out.

general information

What is the Ministry of Justice? This is a federal body that is part of the executive branch. It ensures the implementation and support of public policy in legal sphere. It is headed by a minister who is part of the Government of the Russian Federation. Basically, the activities of this body are of an organizational and managerial nature. In addition, they are entrusted with the law enforcement function of ensuring the execution of sentences that were imposed by the court and other court decisions. All structural organization and the activities carried out are based on legislative framework, and regulations, resolutions and decrees. The Ministry of Justice is an important and integral institution of a modern legal state.

What tasks does it perform?

The functions of the Ministry of Justice are as follows:

1. Legal support for rule-making activities of the government and the President of the Russian Federation.
2. Organizational and legal support for judicial reform.
3. Registration of acts of civil status, legal entities and legal ownership of real estate (as well as transactions with it).
4. Regulation of legal services.
5. Control over compliance with legislation.
6. Carrying out legal examinations of adopted legal acts by bodies of constituent entities of the Russian Federation.
7. Providing information.

This is, in general, what the functions of the Ministry of Justice look like. Before looking at them more closely, let's focus on the structure of this authority.

What is it?

The Ministry of Justice is the central authority providing guidance territorial divisions what is included in common system. This structure is headed by the minister. Him personal responsibility for the implementation of its functions by the body entrusted to it. The minister is responsible for submitting draft regulations for consideration by the government and the president on issues that fall within his competence. It is in charge of international treaties on legal assistance in civil, family and criminal matters. The minister has deputies. The board also acts as an advisory body.

The structure of the Ministry of Justice consists of directorates (departments) and divisions. Each unit is engaged in work in one of the areas. As an independent structural subdivision The central body of criminal executive power functions here. The heads of all units are appointed personally by the head of the Ministry of Justice. In addition, the Ministry of Justice includes a number of research units such as the Russian Legal Academy.

In the constituent entities of the Russian Federation

The reader may get the impression that the Ministry of Justice of the Russian Federation exists only in Moscow. But that's not true. There are ministries of republics, departments of justice of regions, territories and other subjects of the Russian Federation, which are headed by certain chiefs and ministers. If issues are being considered that affect the entire Russian Federation, they are considered by the center. But licensed work, the functioning of the notary office, rule-making activities in the constituent entities of the Russian Federation - this is all done locally.

What does the Department of Justice do?

Let's now take a closer look at the points raised earlier and find out what powers there are:

1. Participates in the legal support of ongoing rule-making activities. IN in this case This implies the coordination of federal bodies that relate to the executive branch during the preparation of bills that are submitted for consideration to the relevant entities.
2. Carrying out legal expertise regarding the legal acts under consideration. If it is determined that they do not comply with the Constitution or federal laws, then a reasoned conclusion is prepared, which indicates what the problem is. This is facilitated by the legal informatization system, which is being developed and improved.
3. State registration of normative legal acts of departments of federal bodies related to the executive branch. In this case, control is exercised over compliance with the Constitution, federal laws, orders and decrees of the president, and government regulations. The Ministry of Justice also monitors the correctness and timeliness of their publication. In addition, he takes part in their preparation for the release of codes and collections.

This is not a complete list.

Interaction with the judicial system

In this case, the management of the Ministry of Justice is expressed as follows:

1. Provided established order functioning of courts. Ensuring this function is entrusted to bailiffs, who are part of the Ministry of Justice.
2. Execution of adopted judicial acts, as well as decisions of other bodies. The Ministry of Justice is responsible for organizing and monitoring the procedure for compulsory execution of adopted decisions.
3. The Ministry of Justice monitors the execution of sentences for criminal offenses. Thus, the penitentiary service was transferred to his jurisdiction.
4. Participates in security legitimate interests citizens in the international legal field. Thus, the Ministry of Justice provides proposals (together with the Ministry of Foreign Affairs) on concluding agreements with foreign entities, can negotiate individual situations.
5. Organizes and develops a system of legal services. In this case, this means cooperation with various organizations and associations of lawyers, registration and issuance of licenses to citizens, and legal education.

Controlling aspect of activity

The Ministry of Justice is an extremely multifaceted subject of executive power. And now let's talk about the control that it exercises. Thus, the Ministry of Justice can request from federal bodies that are representatives of the executive branch, as well as from local entities all information related to public associations. In addition, it introduces ideas about attracting certain persons when improper execution they are the Constitution, federal laws, presidential orders and decrees, as well as government regulations.

The Ministry of Justice also carries out public policy in the field of ensuring protection of intellectual property rights. He is also in charge of the only registry real estate, through which registration of property and any changes in its composition are carried out final beneficiaries. To ensure the right of citizens to qualified, high-quality legal assistance interaction with the bar and notaries is carried out, licenses are issued, and their activities are coordinated. The Ministry of Justice also registers the charters of created public associations. The Ministry of Justice is entrusted with the creation, management, development and improvement of the activities of forensic institutions.

What else?

It is important to provide bodies and institutions with qualified personnel. To this end, the Ministry of Justice interacts with educational institutions, ensures the organization of professional training and advancement of employees. Due to the specific nature of the work, the statement here is more relevant than ever - personnel decides everything.

Finally

Of course, I would like the orders of the Ministry of Justice of the Russian Federation to change life instantly. But it just so happens that this structure is largely responsible for ascertaining the trends existing in society. So, if we talk about the right to private property, it is difficult to expect that someone will work hard to protect people if they themselves are not ready to fight for themselves and their interests. Therefore, you should not rely on officials for everything. If there is something of interest to a group of people, then you need to develop your own vision regulatory regulation, submit your findings to the relevant bodies and institutions, tell and prove the need for just such a provision. Remember that existing rights and privileges are always the result of someone else's struggle for them.