A thesis is grounded that a compromise between the state and civil society in the questions of organization of department judicial and realization of justice will be realized, foremost, in form civil control. Legal forms by means of which civil society influences on a department judicial are system investigated in – process. Seen, that society must carry out influence on a department judicial, foremost through the corresponding mechanisms of organization of judge corps and direct participation of his representatives (folk assessors, jurors) during realization of justice. An equilibrium between society and state is provided by advocacy, as independent law-enforcement institute of civil society. In addition, civil control above a department judicial comes true through the openness of process of justice (publicity and openness of rule – making), availability of MASS – MEDIA to judicial information, her objective illumination; availability of court decisions.

Keywords: civil society, legal state, court, department judicial, justice.