The federal judicial system of the Russian Federation is a very important aspect in the system of government bodies having authority. Because it is the court that can solve the controversial issue between the plaintiff and the defendant, admit the guilt of a citizen in causing harm to another person, committing unlawful acts, crimes. The judicial system in the Russian Federation ensures the rights of people so that it is possible to appeal against the actions of an official, to study information about administrative violations. The resolution of controversial issues: criminal, political and economic, depends on the effective operation of the court system. The tenth article of the basic law of the Russian Federation indicates that the judicial system of the Russian Federation is independent of the authorities. They make decisions based on their analysis, studying various cases. The FKZ on the judicial system of the Russian Federation states that not a single leading person can influence their decisions. The system of various courts carries out independent work in carrying out case studies. They are independent in their authority. In their activities, they rely on the "Law on the Judicial System of the Russian Federation."
Fundamental principles: publicity, competition, openness, equality.
Judges Status
Due to the existing situation, various criteria are presented to the judges: they must have Russian citizenship, age 25 and over, professional specialization, and experience in specialization activities of at least five years. In order to protect the rights and obligations of citizens, they must apply constitutional rules.
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What is the structure of the judicial system of the Russian Federation?
Courts of general jurisdiction consist of the Supreme, courts of regions, garrisons. They deal with cases that arise due to illegal riots. The Institute of Justice of the Peace is responsible for making various decisions in this court. As a court of primary jurisdiction, they are authorized to examine criminal and civil arguments.
Constitutional Court of the Russian Federation. This is an authority with powers that have a supervisory function. He has the right to prohibit orders that are not in accordance with the law. Under his supervision are the constitutional and regional courts of the constituent entities of the Russian Federation. They cannot be members of the federal court system.
For employees of this authority, the document that has the highest authority is the basic law of the country.
Responsibilities:
- Monitors the compliance of regulatory documents with the main body of laws.
- Initiates cases related to violation of the rule of law.
- It resolves the complex issues between the authorities of entities that are legislative in nature.
- Engaged in the interpretation of law. Such a function lies in the very organization of this body. Effective enforcement of the law without such a function is not possible. But the court has no right to execute the interpretation on its own initiative. When a request is received from a specific body that implements the law, the manager, then this function is performed. It has an official and natural characteristic for all power. All normative acts, legislative contracts must comply with the basic law. Because those that are declared illegal will lose their power.
- It considers issues related to adhering to the procedure for the nomination of the head of the country, and may also make claims in treason, in the presence of signs of unacceptable action. At the request of the Council of the country, the court is obliged to perform such functions.
The judicial system of the Russian Federation. Supreme Court
This is a specialized type of system that deals with the verification of civil and criminal cases. It is the main component in the aggregate of general jurisdiction. It acts independently. When it performs its fundamental functions, it relies on the main body of laws of the country, as well as laws of federal significance and irreplaceable aspects of the rule of law, regional laws.
Authority:
- Engaged in the removal of judges. The Supreme Court in certain types of cases acts as the primary court. For example, if a case has been opened against an official of a judicial authority, then it has the right to ask that the Supreme Court of the Russian Federation consider the disputed situation.
- It works on complaints related to the violation of suffrage.
- It acts as a second instance in the consideration of cases when new circumstances of the case are revealed.
- Explains questions regarding the analysis of judicial practice.
- Supervises the work of military and specialized courts.
For a long time, it was accepted that the Plenum of the Supreme Court of the Russian Federation gives directions that are mandatory for all courts. But at the same time, there was a disregard for the claim that the duty of clarification undermines the independence of judges. Therefore, article 126 of the Constitution of the Russian Federation was changed. Now the court carries out explanatory work, but the instructions are optional for other judges. This situation is enshrined in the Federal Law on the Judicial System of the Russian Federation.
Supreme Arbitration Court of the Russian Federation
This is a system of regional, city, arbitration courts. In Russia, the judiciary, which relates to civil and administrative matters, is enforced by the Arbitration Courts.
This is the main state mechanism that deals with economic disputes.
In its competence only those issues that are provided for by the Arbitration Procedure Code.
Authority:
- Supervises the activities of federal courts.
- Explains and analyzes judicial practice.
- Checks for compliance with the law and the content of decisions that have entered into force.
- Conducts outreach in the area of judicial practice.
- Considers management situations that may arise with the participation of government agencies.
This type of court system supervises the work of courts only in procedural forms, and not in administrative ones. Because they have independence. They are not in the administrative subordination of the Supreme Arbitration Court. The meaning of control is to verify the legality of regulations that have an active legal status.
Subject Arbitration Courts
These authorities are committed to resolving disputes between organizations and individual entrepreneurs, as well as between other bodies in the framework of administrative proceedings. As a court of first instance, consider claims that may arise from economic or legal relations.
Justices of the peace
This type of power is necessary to resolve complex issues peacefully by agreement of the parties. Also, so that citizens have the opportunity to quickly approach justice. In order for the process to be carried out efficiently, justices of the peace acquired the status of general jurisdiction of the constituent entities of the Russian Federation.
Authority:
- They deal with criminal and civil matters, as well as administrative violations. Cases are considered individually. If we talk about criminal proceedings, the court deals only with those cases for which the possible punishment does not exceed three years of isolation from society.
- Respect justice.
- In their competence are issues of divorce proceedings, the issuance of court orders, separation of property.
District Courts
This is a collection of courts in which cases on appeal are dealt with. They are the authority that is higher in relation to the magistrates' courts. Carry out work in a specific area. They conduct cases more significant than justices of the peace.
Military courts
Their structure includes: military college, military, district courts and garrison courts.
Within the competence, they carry out the functions of considering cases of criminal acts committed by military personnel or having military duties during training camps. Also here can be attributed the composition of officers, sergeants. That is, citizens who have military authority.
What is the period during which judges exercise their powers? He has no limits. But there is a framework for how old one can be in office. This period is seventy years.
The performance of his functions may be terminated by order of the panel of judges. Unless they have ceased due to the fact that the maximum age for tenure has come.
The structure of the judicial system of the Russian Federation helps to see how all instances are interconnected.
The abolition of federal courts
Courts of federal significance may be abolished only if certain amendments are introduced to the fundamental law, and justices of the peace are only allowed through regional laws.
But they cannot be abolished if issues within their competence are not referred to another court in its regulation.
Variety of courts
When disputes are examined by the first instance, then this is the most important part of the proceedings. Because at this stage, the law is initially implemented from a public trial to judicial independence. At the trial, examination of the evidence introduced, a survey, announcement of the arguments, examination may be carried out. If there is a hearing of testimony during the trial, then the record of the investigation cannot be read. The court independently analyzes the circumstances concerning the guilty person. In such an instance, a case may be considered by any court. The Constitutional Court of the Russian Federation acts as an exception.
The second instance allows regional courts to verify the legality of the decisions that have already been taken but have not entered into force. In analyzing the appeal of legality, the court is not limited to the question of whether the claim can be satisfied. Analyzes all relevant parts of the case. Also in production, it makes sense to provide additional important documents: reference documents, explanatory. The court also has the right not to satisfy the complaint, the verdict of the justices of the peace or make an acquittal decision.
If in the first instance documents were not provided, then in the appeal stage it is not possible to consider them.
Cassation stage proceedings are a test of how legal sentences and decisions are. If there is no declared legality, then such decisions do not pass the test. In this order, cases can only be checked once. When filing a complaint at this stage there is no definite form in order to file it. This makes the process easier, making it quick and accessible for people who lack legal training. Also, the injured party has the opportunity to file a complaint not only in his own interests, but also about the other person. In the criminal process, cases are analyzed in large volume with a check of all persons who participate in the proceedings. If the case is considered in civil proceedings, then the decisions of the court of first instance are analyzed. Only the prosecutor can add additional materials at this stage. This possibility is significantly limited when compared with the court of appeal.
The review at the supervisory stage is characterized by the fact that the court provides verification of sentences that have entered into force. There is a different order here in order to appeal the decision. Criminal proceedings are not connected with the arguments of the protest. If a certain number of persons are convicted, then the case is checked against all convicted persons. Also at this stage, the legality of judicial decisions and their validity are checked. It is possible to make exhaustive materials, except for investigative ones. In supervisory proceedings , decisions of not only the first instance, but also the third are subject to verification. For example: compliance with the legality of sentences handed down by a district court is subject to verification first by the regional and then the Supreme Court of the country. And such actions can occur several times. Therefore, it is very important to collect all the necessary documents at the initial stage, because then, due to the fact that they are not enough, it will be necessary to attach them when considering the case in subsequent instances. This may extend the trial because the judge must have all the necessary materials in the case. Their presence, of course, affects the outcome of the case.
When hearing cases when new circumstances arise, compliance with the law is also checked. But not only informational facts that were known earlier are investigated at this stage, but also new facts attached to the case.
The place of courts in the judicial system of the Russian Federation
It turns out that the courts are granted a set of powers related to their competence. Officials have large-scale functions and privileges. The opportunities provided speed up the judicial process, but at the same time they provide judges with the opportunity to conduct cases based on personal views. Therefore, the court system should be constantly improved, despite the fact that their responsibilities are clearly defined. A special regulatory document acts as a legislative source of authority, where the concept of the judicial system of the Russian Federation is indicated . It is signed by the Government to regulate the activities of such institutions. This regulatory document is the "Law on the Judicial System of the Russian Federation."