The judicialization of politics as a significant phenomenon of global development: Russia’s experience

Authors

  • Viktor P. Ochered’ko North-Western Branch of the Russian State University of Justice
  • Evgenii A. Malyshev North-Western Branch of the Russian State University of Justice
  • Oleg V. Ochered’ko North-Western Branch of the Russian State University of Justice

DOI:

https://doi.org/10.21638/spbu14.2024.213

Abstract

The article explores how the courts’ role has transformed in both the state system and society due to their expansion beyond their traditionally defined jurisdiction and the juridification of public relations. It is shown that this phenomenon is common at both the domestic and
supranational levels. It takes into account the historical, political, legal, religious, and other unique characteristics of each country. The example of the Russian Federation is utilized to determine the potential for the advancement of judicial power in the context of the society’s juridification, as individuals are progressively inclined to view themselves and others as legal subjects. Through the use of statistical data, the process of broadening the scope of judicial activities is illustrated. The author has proposed a definition for the term “judicialization”. The process of judicialization was considered through both the decisions of state power and
the initiatives of society. The approaches of Russian and foreign researchers in assessing the phenomenon of strengthening the role of the courts are analyzed. The contradictions that arise from the conditions under which the judiciary operates, while limiting state arbitrariness as
part of the state mechanism, have been brought to light. It has been shown that the judiciary is perceived as a specialized institutional system rather than an independent branch of power and reforming the role and significance of the judiciary in the advancement of Russia has become a crucial requirement. The conclusion was drawn that the judicialization of politics is a noteworthy phenomenon in the evolution of the political and legal sphere globally, which
demonstrates the judiciary’s novel role and significance in society.

Keywords:

court, judicial power, court functions, udicialization, state mechanism, juridification

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References

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Published

2024-08-07

How to Cite

Ochered’ko, V. P., Malyshev, E. A., & Ochered’ko, O. V. (2024). The judicialization of politics as a significant phenomenon of global development: Russia’s experience. Vestnik of Saint Petersburg University. Law, 15(2), 508–515. https://doi.org/10.21638/spbu14.2024.213

Issue

Section

Legal Life: Scientific-Practical Conclusions, Comments and Reviews