Today, the court is an important part of the state system of government in every country. The existence of such an organ is self-evident. In this case, the origin of ships occurred in ancient times. For example, in Rome, magistrates were such a body that resolved certain disputes between citizens. In ancient Greece, certain powers of the judiciary belonged to such a body as a dicaster. With regard to modernity, the body that considers various kinds of disputes is an important part of state activity.
A similar trend arose during the New Age, when Charles Louis de Montesquieu developed the principle of separation of powers. According to the provisions of this theory, public administration is divided into executive, legislative and, as we understand it, judicial branches of government. If we take into account specifically the Russian Federation, then in our country there are many judicial bodies of different target areas. That is, we are talking about departments, each of which is endowed with its own competence. But, despite the significant difference between all the courts of Russia, some common points can be highlighted in their activities, one of which is the institution of jurisdiction.
Justice in Russia
The concept of jurisdiction, types of jurisdiction - these are aspects that directly relate to the activities of special bodies. These are the courts in the Russian Federation. It should be noted that these bodies are part of a single system of departments, which is based on the principle of separation of competencies. In other words, the courts hear cases that are different in type and legal nature. Moreover, in the Russian Federation, the consideration of certain disputes is carried out exclusively by the authorities. For this, the courts and judges themselves are vested with exclusive powers and legal freedom. The provisions of the existing Constitution have a great influence on the activities of such bodies. According to article 118, justice is administered through an administrative, criminal and constitutional process.
The concept of the institution of jurisdiction
In the activities of bodies authorized to consider disputes, one can find many interesting institutions. All of them are characterized by their own characteristics and legal consolidation. One of these is jurisdiction. It is worth noting that the concept of jurisdiction, types of jurisdiction, and other aspects of the institution, as a rule, are enshrined in regulations that directly regulate the activities of bodies of a certain type. But in this case, the question arises of what constitutes the aforementioned institution.
According to the classical legal theory, jurisdiction is the actual distribution of cases of a certain type between the courts of first instance. In other words, with the help of this institution, the question of which specific authority will consider the dispute within the departments of an administrative, constitutional, criminal or civilian direction is resolved. In general, for all courts without exception, the jurisdiction, or rather its concept, is the same. The difference exists only in the types of institute, which is due to the specifics of all types of legal proceedings in the Russian Federation.
Difference from Jurisdiction
Many legal institutes are often identified, which leads to serious misconceptions in the process of studying them. In this case, the concept and types of jurisdiction and jurisdiction are completely different legal categories. The bottom line is that they characterize various procedural points. After all, jurisdiction is the actual determination of the type of legal proceedings within which the case will be considered. For example, civil disputes should be considered in a court of general jurisdiction, and business - in an arbitration body. That is, it is not the first instance that is determined within the framework of a certain process, but the affiliation of a case to this branch of the process in general. Thus, the concept of jurisdiction, types of jurisdiction - this is absolutely not adjacent to the jurisdiction of the category. This fact must be taken into account when studying the entire institute.
Jurisdiction of civil cases
Civilistics in the Russian Federation today is undergoing a stage of powerful development. This is due to our state gaining independence and opening markets. The concept and types of jurisdiction of civil cases are largely determined by the features of this sphere of legal regulation. The fact is that the resolution of disputes in a civil proceeding takes place as part of a lawsuit. That is, a citizen who considers his rights violated submits an application to the court. In the course of the consideration of the claim, the authorized person shall determine whether the issue raised in the lawsuit is a first-instance jurisdiction to one or another body. At the same time, several types of this institution are distinguished in the civil process.
Varieties of jurisdiction in civil proceedings
Civilistics is famous for the fact that many legal norms have a large number of alternatives. However, the institution of jurisdiction in civil proceedings is strictly defined by law. This approach is correct, because it allows you to consider all cases without exception promptly and objectively. There are several types of jurisdiction.
- The territorial type of the institution shows which territorial body should consider a particular case. As a general rule, statements of claim to the court must be filed at the place of residence or the actual registration of the defendant, if we are talking about a legal entity.
- There is an alternative type of institution. It is used in cases where the defendant's place of residence is unknown. In this case, the claim will be filed within the territory where his property is located. At the location of the plaintiff, applications may also be filed to recover money for the harm caused, divorce, recovery of alimony, etc.
- Exceptional jurisdiction is a type of institution that is predetermined by peremptory norms. For example, according to Article 119 of the Civil Code of the Russian Federation, any disputes related to real estate are considered at the location of such property without fail.
You can also distinguish such an insignificant form as contractual jurisdiction. However, with exact certainty, it cannot be attributed directly to this institution, since its essence lies in the preliminary agreement of the parties on the place of the dispute, if any. It should be noted that the concept of jurisdiction, types of jurisdiction in the civil process will differ significantly from similar categories in other legal sectors of the Russian Federation. The very essence of the institute may be similar, but the internal structure will have its own specifics.
The concept and types of jurisdiction in criminal proceedings
Practical in any legal industry, there are categories also inherent in other areas of regulation. The jurisdiction of cases to civil courts, a concept whose types are presented earlier, exists in the criminal process. Of course, in the framework of the latter sphere, it has its own characteristics. In the criminal process there are four main types of jurisdiction.
- The subject institution, or rather its provisions, determines the specific court in the consideration of a particular case. According to the provisions of the current legislation, the competence of the courts of first instance depends on the crime committed.
- Territorial jurisdiction indicates the need to consider the case at the scene of the direct commission of the crime.
- As for the personal appearance of the institution, it depends on the personality of the subject of the crime. For example, criminal cases opened against deputies of the State Duma or the Federation Council are mandatory considered by the Supreme Court of the Russian Federation.
Jurisdiction of several cases
There is a lot of theoretical debate about the latter type of institution related to the unification of several cases. Not all scientists consider it a jurisdiction. However, there are cases when several criminal cases of different levels are combined into one. In this case, the problem arises of determining the competent authority that will consider them. Nevertheless, there is a general rule according to which such situations must be resolved in courts of higher jurisdiction.
Concept, types of jurisdiction of arbitration cases
As mentioned earlier, the institution described in the article is present in all processes without exception. An example of this fact is the jurisdiction of cases to arbitration courts. The concept and types of this institution have much in common with a similar phenomenon in the civil process. In other words, as a general rule, all claims are filed at the location of the defendant. But there are also certain types of jurisdiction, namely: territorial and tribal. They are endowed with their own characteristics, which is due to the specifics of the legislation of the arbitration process.
Conclusion
So, we examined the concept and types of jurisdiction in the civil process, as well as criminal and arbitration. In general, the institution presented is the same in all cases. At the same time, some features related to the specifics of industry legislation cannot be denied.