GREBNEV RUSLAN D.

The article presents the results of the analysis of significant changes in the legislation and infrastructure of the judiciary, provides an overview in the context of the organization of judicial activity. The author comes to the conclusion that the problem of ensuring the unity of the application and interpretation of civil and administrative law by the courts has been transferred from the highest authority to the lower ones, especially to the level of appeal in cassation. The absence of generally accepted scientific views on the ontological characteristics of the judicial power of the Russian Federation is the cause of spontaneous lawmaking, only partly aimed at solving problems. The judgment is compared with the rule of law in the context of changes in the judicial system that have already occurred. Lawmaking in this area is the interpretation of the law by each judge (each instance), and justice is the final stage of the application of law. The paper concludes that a key common feature of a court decision and rule of law is to introduce certainty in public relations. The author also cites an analogy between the security functions of the state with regard to court decisions and control over the observance of legality (regarding the possibility of using state coercion). The article offers the author’s view on the principle of the division of functions of state power, based on the practice of justice in the Russian Federation, as well as on the general principles of equality and rectitude for law and justice.