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Grounds and Means of Self-defense of the Interests of the Judiciary: Russian and Foreign Experience

Student: Molchanova Arina

Supervisor: Timur Sokolov

Faculty: Faculty of Law

Educational Programme: Lawyer in the Sphere of Justice and Law Enforcement (Master)

Final Grade: 9

Year of Graduation: 2021

This dissertation research is focused on the nature of self-defense of the interests of the judiciary, its theoretical foundation and practical manifestation. The judicial branch can exist only if it is recognized as separate and independent part of state power. This gives rise to the need to create a system of mechanisms to ensure the protection of this status. The purpose of this research is to study the existing mechanisms of self-defense of the judiciary and their applicability in the Russian justice system, with their subsequent impact on the quality of administration of justice and the level of public confidence in the judicial system. For this, it was necessary to study the theoretical side of the self-defense of the judiciary as the basis of its independence and identify entities authorized to implement protection mechanisms. Another important aspect of the study is the analysis of the interaction of the judiciary with the media and possible options for responding to public criticism and scandals of justice. In the course of the study, it was concluded that creating responsibility for scandalizing justice is an unnecessary measure, which, in particular, has been shown by the experience of a number of foreign countries. Finally, the task was to trace how the implementation of self-defense mechanisms affects the level of public confidence in the judicial system. As a result of considering this task, a direct connection was revealed between the developed system of self-defense mechanisms of the judiciary and the growth of public confidence in it, and an increase in the quality of administration of justice in general. In the dissertation research were proposed possible mechanisms of self-defense against encroachments by the legislative and executive authorities, mass media and individual citizens.

Full text (added May 20, 2021)

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