Justices of the peace are officials in regional instances of general jurisdiction. They relate to the first - lower - link in the system. Their activities are regulated by the Federal Law of December 17, 1998 (188-) . Consider its main provisions and amendments to the law in more detail.
International practice
Magistrates' courts in most countries act as the court of first instance. Usually their employees are appointed by the Legislative Assembly of the region. Justices of the peace may also be elected by the public. Their competence includes conducting criminal and civil proceedings, consideration of cases of administrative offenses. In each country, the rights and duties of justices of the peace are different and regulated by special laws.
Historical reference
The first world court appeared in England in the 15th century. In the 17th century, it was introduced in North America, at the end of the 18th century. - in France. In post-revolutionary Russia, magistrates are officially referred to in the Concept of System Reform. It was approved by the Armed Forces of the RSFSR on October 24. 1991 At that time, it was assumed that the new institute would be divided into 2 categories. It was assumed that in the system there will be district (territorial) and specialized (penal, investigative and other) courts. The former were supposed to conduct criminal and civil proceedings, administrative proceedings. As for the specialized courts, they should have functioned in cases where human rights and freedoms are at stake. However, subsequently, such a separation was not officially fixed and put into practice.
Normative base
In December 1992, Law No. 4061-1 was adopted. They made additions to the Constitution in force at that time. In particular, the institution of justices of the peace was consolidated at the official level. In Art. 164 of the Constitution provided for their election by the population of the county within whose jurisdiction is valid for five years. However, in practice, these provisions have not been implemented. The 1993 Constitution did not officially formalize the institution of justices of the peace. Subsequently, a special provision was envisaged in the FCL governing the functioning of the system as a whole. In particular, it was established that justices of the peace, within their competence, analyze criminal, administrative and civil cases as a first instance. Subsequently, a new regulatory act was approved. This Federal Law "On Justices of the Peace in the Russian Federation " has become the basis for the formation of the structure of the lower echelon of the system. A few years later, the creation of authorities was completed throughout the country. Today, there are magistrates in Moscow and other cities of the Fed. values, as well as all areas, territories and other regions.
Modern realities
Today in Russia such an institution as the “magistrate court” is absent, and individual magistrates function. Together with other officials authorized to conduct proceedings, they are elements of a separate branch of government in the country. The order of work, authority, the rules for the creation of posts are regulated by the Constitution and the FKZ. Based on these regulations, 188- was adopted. Each region adopts its own regulations governing the specific procedure for the appointment of officials by the representative body of authority or their election by the population. Magistrates of Moscow and other subjects of the country are financed from the state budget by a department under the Armed Forces and its territorial departments in the regions.
General characteristics of the institute
The Law “On Justices of the Peace in the Russian Federation” establishes that officials act as links in the system of general jurisdiction. Their acts that have entered into force, orders, instructions, requirements, calls and other appeals are binding on all, without exception, bodies of federal, regional, local significance, public associations, legal entities. persons, employees, citizens. The decision of the justice of the peace is subject to rigorous implementation throughout the country.
Status Guarantees
The Law "On Justices of the Peace in the Russian Federation" provides for the inviolability and social protection of officials and their relatives. They are covered by all guarantees established by regulatory enactments regulating their work. In the regions, additional forms of social protection and material support may be provided. For their implementation, the authorized bodies of the subjects adopted the relevant regulatory acts.
Competence
The Law "On Justices of the Peace in the Russian Federation" defines the list of cases to be considered by these persons. It includes criminal cases relating to crimes, the maximum punishment for which is no more than 2 years in prison. The competence of officials includes proceedings:
- Disputes arising from family law relationships. The exceptions are cases relating to the establishment of paternity, contesting motherhood / fatherhood, deprivation of the rights of parents, adoption. The competence of officials includes divorce cases if there is no dispute between children between citizens.
- Property disputes. In this case, the justice of the peace must have a value of no more than 500 minimum wages established at the date of filing.
- Affairs arising from labor relations. An exception is disputes about reinstatement.
- Cases on determining the rules for the use of land, structures and other immovable objects.
- Disputes on the division of property acquired jointly by spouses.
- Cases on the issuance of an order (judicial).
- Administrative offenses within the competence of officials, in accordance with the Code of Administrative Offenses.
In addition, the Law “On Justices of the Peace in the Russian Federation” includes in the competence of employees the consideration of cases on newly discovered facts in relation to decisions that have entered into force and which they adopted earlier in the first instance. The official parses disputes individually.
Plots
The Federal Law "On Justices of the Peace in the Russian Federation " provides for the division of a subject into certain territories. Each site is assigned to a specific official. The number of territories and the total number of judges in the subject is established in accordance with the Federal Law on the initiative of the relevant region, agreed with the Supreme Council, or at the proposal of the Supreme Court, with the consent of the corresponding region, region, etc. Creation and abolition of sites is carried out in accordance with the procedure established in regional regulatory acts. Territories are formed on the basis of the number of citizens in the range of 15-30 thousand people. Within the administrative units, the total population of which is less than 15 thousand, one site is created. The abolition of the territory or position of a justice of the peace is not allowed if cases referred to its competence have not been transferred to the jurisdiction of another employee or body.
Requirements
The Federal Law "On Justices of the Peace in the Russian Federation" establishes certain criteria for candidates for the post. The normative act stipulates that such persons may be citizens:
- Reached 25 years.
- Having a higher education (legal).
- Worked in the legal field for at least 5 years.
- Not committing defamatory acts.
- Those who passed the qualification exam and received recommendations from the collegium of the corresponding region.
The last paragraph does not apply to persons with experience as a federal judge for 5 liters.
Bans
The 1998 Law on Justices of the Peace in the Russian Federation does not allow officials to join the State Duma’s deputy corps, state bodies or territorial self-government. Membership in political parties and movements, entrepreneurial activity is prohibited. In accordance with the normative act, the combination of work as a justice of the peace and other activities, except for teaching, scientific, literary and other creative, is also not allowed. The legal documents of regional authorities may provide for additional requirements for officials.
Election / appointment
In accordance with 188-FZ, it is carried out by the representative body of state power in the region. The election / appointment of an official may be carried out by citizens residing in the precinct assigned to him. The procedure for carrying out these procedures is established by a regulatory act of an authorized regional body.
Term of office
Justices of the peace are appointed / elected for the period provided for in regional legislation. Moreover, their term of office should not be more than 5 years. Upon its completion, a citizen who has replaced the position may again nominate his candidacy. When reappointment / election, the term of office is determined in accordance with the legislation of the subject.
Suspension / termination of authority
As a general rule, a citizen terminates his position as a justice of the peace at the end of a period established by regulatory provisions. By decision of the qualification collegium, the powers of a person may be suspended. The grounds for this and the procedure are established in the Law on the Status of Judges.
Apparatus
Its functions include ensuring the activity of justices of the peace . The staffing and structure of the apparatus are determined in the order established by regulatory acts of the respective region. Employees are civil servants. They, among other things, are subject to the relevant provisions of the Federal Law "On Public Service".
Financing, logistics
Funds for the remuneration of magistrates are allocated from the federal budget. Financing comes through the department’s bodies under the Armed Forces. Budget funds are also allocated for social payments provided for by federal legislation. The salary is 60% of the salary of the Chairman of the Armed Forces. Magistrates of Moscow and other cities of the Fed. values get 64%. Material and technical equipment is provided by the justice authorities or executive authorities of the respective region in the manner determined by the regulatory acts of the subject.
Symbols of state power
The State Flag and the Coat of Arms of Russia are placed in the meeting room. The symbols of the corresponding region are allowed. In the conduct of the proceedings, the justice of the peace must be dressed in a mantle or have another distinguishing sign indicating his status. The latter is provided for in the regulatory enactments of the subject.
Legal Opportunities
The following general rights of justices of the peace are secured by industry regulations:
- To get acquainted with the documents defining their status, duties, authorities, criteria by which the quality of their work, the conditions for the performance of their functions and promotion are assessed.
- Receive in the prescribed manner the information and materials necessary for the exercise of authority.
- To make decisions and participate in their preparation, in accordance with official duties.
In addition, the justice of the peace has the right to:
- Salary.
- Annual leave (paid).
- Severance pay.
- Appointment and payment of lifelong monthly maintenance.
- Medical tinning.
- Spa treatment.
- Health / life and property insurance.
- Free pass.
- Compensation of costs arising from the need to lease housing.
- Other rights.
Responsibility
Anyone, including a justice of the peace, is endowed with a high status. It performs the most important function in the state system. In this regard, increased demands are placed on him. They relate not only to the professional level of the employee, but also to his moral and ethical qualities. Key provisions defining the conduct of officials are set out in the Code of Judicial Ethics. Violations of these requirements are considered by the qualification board. In this case, the circumstances under which this or that misconduct was committed are taken into account. For a gross violation of the law, the provisions of the Code, the qualification collegium may impose a disciplinary sanction. It can be expressed in different forms. One of these is the termination of an employee’s authority. This measure of responsibility is considered the most severe of all disciplinary sanctions. As an intermediate penalty, the lowering of the qualification class is. The application of measures of responsibility in practice should contribute to strengthening the judicial system of order, ensuring compliance with not only legal, but also moral and ethical standards. Cases of violations of regulations are not uncommon today. To increase work efficiency, prevent and timely prevent such situations, it is necessary to fully utilize the internal control mechanisms in the system.
Challenging Decisions
Not always the decision of the justice of the peace satisfies all participants in the process. A dissenting party may challenge him. For this, an appeal is drawn up against the decision of the justice of the peace . It shall be submitted no later than a month from the date of entry into force of the disputed act in its final form. The complaint should be filed through the judge who issued the order. At the same time, it is addressed to the district authority. The complaint must comply with the general requirements for such documents. It must specify:
- The name of the authority to which the document is addressed.
- Information about the applicant.
- The number of the contested decision, information about the judge who issued it.
- Facts and arguments with reference to regulations.
- Request to cancel the decision.
It is allowed to attach documents to the application justifying the position of the dissenting participant. At the same time, the complaint should indicate the reasons why the materials were not provided to the judge earlier. A statement confirming the payment of state duty is also attached to the application.
Additionally
The considered legislative act came into force from the date of its publication in official sources. Additionally, the provisions of the document establish that prior to the election / appointment of citizens to relevant posts, cases falling within the competence of the lowest level of the system are dealt with by the regional authorities.
Amendments
In 2010, adjustments were made to the Law "On Justices of the Peace in the Russian Federation". The latest version of the normative act was approved by D. Medvedev, who served as President. In it, in particular, paragraph 1 of Art. 3. In subp. 4 the price of the claim was changed to 50 thousand rubles., In sub. 5, cases were added on restricting the rights of parents, disputes about children, and invalidation of a marriage. In sub. 6, instructions were made to exclude inheritance cases from property disputes and arising from relations associated with the creation and use of the results of intellectual work, and the value of claims was set at no more than 50 thousand rubles. Separately, it was said about materials of civil proceedings that were under consideration by officials prior to the entry into force of adjustments. In particular, cases were mentioned that the Law “On Justices of the Peace in the Russian Federation” (with the latest amendments) referred to the jurisdiction of the regional authorities, in accordance with sub. 4-6 p. 1 art. 3 and p. 3-5 h. 1 tbsp. 23 Civil Code. These materials remain under consideration by the lower level of the system.