The Russian judicial system occupies a special place among all the institutions of state power existing in the country. The most important tasks are set before it to ensure the protection of the rights and interests of subjects. Various courts of the Russian Federation consider civil disputes and criminal cases, some administrative violations, resolve conflicts between organizations. No body of another branch of government has such authority.
General characteristics of the institute
The current system is presented in the form of an orderly ship building. They have common goals and objectives, are organized and operate on the same democratic principles. The judicial system is built in accordance with the administrative-territorial, as well as national-state division in the country. According to Art. 71 entities that are not provided for in the Federal Law cannot be arbitrarily established in the subjects. It is not allowed for the regions to establish the organization and functioning of existing federal institutions on their territory.
Structure
The judicial system has both federal and regional authorities. The former are created and abolished only in accordance with the Constitution or the Federal Law. They act as the highest courts. The legislation establishes a special procedure for the abolition of organs. So, this procedure cannot be carried out until the issues referred to the jurisdiction are not simultaneously transferred to another. Federal authorities are:
- The cop.
- Armed Forces of the Russian Federation, supreme courts of regions, territories, cities of the Fed. values, republics, district, autonomous regions / districts.
- Specialized and military bodies.
- The Supreme Arbitration Court of the Russian Federation, district federal and subject arbitration, appeal institutions.
Regional authorities are:
- COP subjects.
- Magistrates' Courts.
Guarantees
The existing judicial system has taken this form since January 1, 1997 with the adoption of the corresponding Federal Law. The institute must guarantee:
- Independence from the executive and legislative branches.
- The right of citizens to participate in the administration of justice.
- Effective protection of freedoms and human and civil rights in the manner approved by regulatory enactments.
- Access to justice for all entities on an equal footing.
- Consideration of cases by the authorities in whose competence they are.
- The right of participants to review all decisions and sentences passed by the first court.
The adoption of legislative acts by which the independence of bodies, the independence of officials, and the protection of a person and citizen is restricted is not allowed.
The concept of the judicial system
Several bodies may have homogeneous powers and occupy an equal position in the structure. This set of institutions forms a link in the judicial system. The bodies included in it have the same competence. They also have a similar structure and composition. The concept of a link in the judicial system should be considered with specific examples. In Russia, bodies of general jurisdiction and military institutions are formed at three levels. And in the first and second, there is the main link of the judicial system. For military institutions, these are garrison bodies. In the general jurisdiction system, these are district courts. Next up is the middle element. In a general jurisdiction system, these are:
- Supreme Courts of the Republics.
- Regional and regional organs.
- Courts of the cities of the Fed. values.
- Bodies of autonomous okrugs / regions.
District (naval) courts - the middle link in the military. At the third level in the bodies of general jurisdiction is the Armed Forces of Russia. His Military Collegium acts as the third link in the military courts.
Arbitration
The main link of the judicial system in this case is the bodies of the country's subjects. Next comes the first intermediate element. They are the arbitration appeal bodies. The second intermediate element is the district courts (cassation). The final component is the Russian Armed Forces Economic Dispute Resolution Board.
Link of the judicial system: courts
These elements perform specific functions related to resolving cases. Their competence includes:
- Essential decision making.
- Checking the justice, legality and validity of an act that has entered or has not entered into force.
District courts are authorized to make decisions on the merits of issues that are fundamental to a particular case. So, during criminal proceedings, the body establishes the innocence or guilt of a citizen. In the latter case, the issue of applying or not applying punishment is decided, a specific measure of coercion is established. Considering civil cases, these links of the judicial system of the Russian Federation determine the evidence or unproven claims presented. It also establishes the consequences that should arise. In criminal and civil cases, the first instance may be practically all courts within the framework of the powers granted to them. Arbitration bodies of districts and appeal institutes are an exception. This is stated in FKZ number 1.
Decision Check
The court of cassation, as well as the appeal, is called upon to verify the validity, legality and fairness of decisions, including sentences. At the same time, consideration is carried out both by acts that have entered into force and have not entered into force. The following decisions may be appealed to the second link of the judicial system:
- District authorities that have not entered into force. This right is established in Art. 320 GPK.
- Decisions that have entered into force, except for acts of the Armed Forces. They are allowed to appeal under Art. 376 Code of Civil Procedure in the cassation instance.
Appeal (general jurisdiction)
This body can be any link in the judicial system. Appeal of decisions is carried out vertically. So, acts of justices of the peace are considered in regional instances. Decisions of the garrison military, district authorities are appealed to:
- Republic Armed Forces.
- Regional / Regional Court.
- Authority of the city of the Fed. values.
- Court of the Autonomous Region / District.
- Naval (district) body.
Complaints about acts adopted in the first instance are sent to the Supreme Court Judicial Board, which considers civil cases:
- Armed Forces of the Republics.
- Regional, regional courts.
- Bodies of Moscow and St. Petersburg.
- Courts of autonomous okrugs / regions.
Complaints about acts of the Armed Forces are sent to the Board of Appeal of the Russian Armed Forces. The contested decisions must be made in the first instance. The appellate body of the Moscow City Court considers complaints about acts adopted by it in cases related to the protection of related / copyright.
Consideration Features
Courts of appeal may review the case in whole or in part. In this case, as a rule, a direct investigation of part of the evidence or all the materials presented is carried out. The result of such consideration may be the adoption of a new decision (in a civil dispute) or a verdict (in a criminal case).
Supervisory authorities
They are the second and third links of the judicial system. Courts are called upon to verify the legality of virtually all decisions and sentences that have entered and have not entered into force. In accordance with Art. 377 Code of Civil Procedure Supervisory complaints are forwarded to:
- To the Presidium of the Regional / Regional, Supreme Court of the Republic, Autonomous Okrug / Region.
- To the board of the Armed Forces (in civil matters).
- To the presidium of the naval (district) court.
- To the collegium considering the affairs of servicemen under the Russian Armed Forces.
District authority
He acts as the first link in the judicial system. Such bodies are formed in each district; urban, municipal and inter-district institutions may be formed in urban settlements. These courts hear the vast majority of cases in the country. Their competence does not include proceedings (criminal and civil), included in the jurisdiction of other bodies of general jurisdiction (world and arbitration). Along with this, the issued acts of regional institutions may revise the second and third links of the judicial system of the Russian Federation. The procedure for the creation and functioning of bodies is determined by a separately adopted federal law. The same applies to the abolition of institutions.
World organs
They represent the lowest level of the system. They simplified procedure examined criminal, administrative and civil cases of a minor nature. A distinctive feature of world courts is that they are included in the category headed by the Russian Armed Forces, but at the same time, they are not federal. They are considered the bodies of the country's constituent entities. The appointment of a justice of the peace is carried out by the representative structure of the region or by election by the population from the corresponding site. The term of office is no more than 5 years for the first term, and no less than five years for the next. Justices of the peace consider cases on their own.
Military institutions
These courts belong to the general jurisdiction. The proceedings are carried out in the executive federal bodies, where military service is provided. The formation of ships takes place on a territorial basis in accordance with the place of deployment of parts, including abroad. Military institutions hear cases of crimes that infringe on the security of the state, society and the individual. They are designed to provide protection:
- Public and other organizations, citizens whose interests were violated in the course of maintaining safety.
- The constitutional system of the country.
Russian Armed Forces
The Supreme Court of the Russian Federation is a body of general jurisdiction. He carries out activities under the authority of Russia. The institution gives explanations on practical issues, has the right to review, in the manner prescribed by law, the acts of any subordinate bodies of general jurisdiction in any cases. Together with the Constitutional Court and the Supreme Arbitration Court, he has a legislative initiative. Decisions taken by the Supreme Court of the Russian Federation are not subject to appeal / appeal.
Aircraft Powers
The Supreme Court has the right:
- Consider the most complex civil, administrative cases. The substantive resolution is carried out of those disputes and crimes that are attributed to the jurisdiction of general jurisdictions, except those that are within the competence of the Constitutional Court. The review is carried out in the first instance.
- Supervise the activities of bodies of general jurisdiction, including specialized and military.
- Investigate and summarize judicial practice, analyze statistics.
If the State Duma initiates proceedings on the removal of the President of the country from his post, the Supreme Court gives a conclusion on the existence of a crime in his actions. By virtue of a constitutional requirement, the Supreme Court may be abolished solely by amending the Basic Law. The appointment of officers in the armed forces is carried out by the Federation Council on the proposal of the president.
Specifics of functioning
Judicial activity in the Armed Forces is mainly carried out by judicial boards in criminal or civil cases. Their composition is determined by the decision of the Plenum of the Armed Forces on the proposal of the chairman. Cases in the first instance are considered individually or collectively (at least 3 judges). Decisions and sentences may be appealed. Challenging acts carried out in the cassation college. It deals with protests and complaints about decisions of regional bodies that have not entered into force and equivalent to them. The cassation collegium resolves criminal and civil cases as a court of second instance for claims for acts that have not entered into force and are submitted by one of the 3 colleges of the Armed Forces as the first instance.
The Bureau
It is a collegial body. It includes 13 judges. Meetings of the Presidium are held at least once a month. He considers cases in the order of supervision on newly discovered or new circumstances, research materials and generalizations of practice, analysis of statistics. His competence includes resolving issues related to the organization of the activities of the boards and the apparatus of the Supreme Court. In addition, the Armed Forces assists the lower authorities in the correct application of legislative norms.
Plenum
It includes all the judges of the Armed Forces. There are about a hundred of them. The convening of the Plenum is carried out at least every 4 months. The following persons participate in the meetings:
- Attorney General.
- Minister of Justice.
- Chairpersons of lower bodies.
- Specialists and scientists.
The main function of the Plenum is the consideration of research materials and generalization of judicial statistics and practice, submissions from the Prosecutor General and the Minister of Justice. In addition, senior officials provide clarification to the courts regarding the application of the law.
Russian Constitutional Court
The Constitutional Court acts as a control body. It independently and independently carries out its activities. This Court was established in 1991. Its main goal is to protect the constitutional system, freedoms and human and civil rights, to ensure the direct operation and supremacy of the provisions of the Constitution throughout the country. The court verifies compliance with the provisions of the Basic Law:
- Federal Law, normative acts of the Federation Council, the President, the Government, the State Duma, and the constituent entities of the Russian Federation adopted on issues of joint jurisdiction.
- Contracts concluded by state authorities with regional structures.
- International agreements not entered into force.
The Constitutional Court resolves disputes on issues of competence between state and regional authorities, on complaints of violation of constitutional freedoms and citizens' rights. At the request of other bodies, it checks the law applied in a particular case. The court also provides clarification of constitutional provisions, a conclusion on compliance with the stipulated procedure for bringing charges to the President of high treason or the commission of another serious crime. The body is vested with the right of legislative initiative in matters of its competence.
Features of treatment in the Constitutional Court
You can file a complaint, petition or request with the Constitutional Court. All citizens of Russia, stateless persons, as well as legal entities, who claim that their legitimate interests guaranteed by the Basic Law are violated or not protected by the final decision of the state agency or official, have the right to apply to the Constitutional Court. The lawsuit may be filed by the governing bodies, as well as groups not having official registration. Consideration of applications is carried out by specialists of the secretariat of the COP. After that, they are sent to the chairman of the court or his deputy.