and having subsidiary character referring to the major direction of activity of bureaucratic system - to positive social management.last, the judicial authority, having as the basic social applicability maintenance of balance of the developing public system, achieves this purpose by means of the sanction of legal disputes in the process of legal proceedings and, thus, results in misbalanced as a result of an offence (system of offences) social system in to the condition of the legal balance. Thus the basic function - actually judicial activity - is the sanction of concrete legal dispute (to judge people) .activity of the judicial authority can not be limited by it. At the certain stage of its development there appears quasi judicial function consisting in estimation of legality of the legal act (to judge the document). In the process of normative control there occurs inevitably of law making function of court which operatively can professionally remove the public contradiction by means of authentic completion of the blank formed as a result of actually law making activity of the court.is known, the fact that decision-making by court about recognition of corresponding norm contradicting statutory legal act of greater validity results in essence and as general rule exception of such norm of corresponding legal system. The Created legal defect most effectively, anyway for the certain period of time, restricted by the corresponding reaction of the legislative organ, can be eliminated by court. We believe the given approach underlies functioning of Anglo-Saxon legal family and its efficiency should be appreciated referring to the opportunity implementation in mechanisms of the continental legal system.is necessary to note the circumstance that for judicial authority the executive function is not excluded. Thus, by analogy with the system of the legislative bodies of the government it is not the main at estimation of the legal nature of judicial authority; however, it also has internal and external orientation. Internal aspect of law enforcement function of court is reduced to adoption of the corresponding legal acts concerning the organization of its work as body of the government. The external aspect mentions entrance of judicial bodies in the system of checks and balances, being the direct component of the system of division of powers., Each system of the government (legislative, executive, judicial), divided from the point of view of distinctions of the social applicability possesses the corresponding set of functions, namely -law making, law enforcement and jurisdictional. Each of the specified systems of the government realizes the edition of obligatory rules of behavior, is the participant of administrative process (in broad sense), and at last, is involved in removal of public contradictions by means of the sanction of legal disputes. Thus, each of the branches of the government applies specific, and inherent only to each of them set of legal means of realization of these functions, and the specified specificity predetermines features of the legal nature of each of the systems of the government. It is important to remember, that for each of them the priority is one of three basic functions. All the rest have only subsiciar value.about judicial practice as the source of the law, it is necessary to note, that explanation of the Supreme Court and the Supreme Arbitration Court which are given by the specified high judicial bodies of the Russian Federation by virtue of the direct instruction of the Constitution (Articles 126, 127), the same as the acts of the Constitutional Court underlie not only decisions of subordinate courts according to general and arbitration jurisdictions, but are actively applied as substantiations of other law enforcement decisions, including adopted in the system of executive power. The explanations of supreme judicial bodies made in the corresponding resolutions of their plenums, and in other forms (for example, circulars of the Supreme Arbitration Court) should be the normative reference point in the process of realization of the legislative regulation of public relations.on influence of processes of globalization on legal system can be continued by mentioning of one more important circumstance concerning the problems implementations of norms of the international humanitarian law in the corresponding national legal systems. It is necessary to note, that accordingly the domestic legislation exception is not an exception, as it pays special attention to the necessity of account of practice of the European court on human rights in the national law enforcement. Article 1 of the Law of the Russian Federation About ratification of the European convention on protection of human rights and fundamental freedom and reports to it fixes compulsion for the Russian Federation of practice of interpretation and application by the European Court on human rights of the spec...
