As long as civilization exists, various disputes between people will exist. Reasoning - punishing the guilty or acquitting the innocent - the main task of the judicial system of any country. Everyone should know their rights and freedoms, as well as have an idea of which courts consider what cases. After all, being competent in these matters, it is much faster and easier to solve problems with the law.
Who will judge economic crime?
Economic crime is painfully frequent and common. Violation of the terms of the contract, tax disputes, as well as everything related to entrepreneurship, is considered in the arbitration court.
You can find out in detail what cases the arbitral tribunal is considering from the Arbitration Procedure Code, by which it is regulated. The decisions of this body are final and not subject to appeal. Both individuals and legal entities, as well as foreign citizens who are engaged in entrepreneurship in the country, can apply to the court to resolve the dispute and protect their rights.
The Arbitration Court is part of the federal judicial system of Russia. It is a structure that consists of the Supreme Arbitration Court, district federal, appeal and first instance courts in the republics, territories, regions and cities.
The consideration of the case in the arbitration court takes place in four stages:
I. Preparatory part - the opportunity to review the case.
II. The consideration of the case.
III. Judicial debate - the expression of opinions of participants in the process.
IV. The court's decision.
The length of proceedings in an arbitration court is about thirty days. This is many times faster than in institutions of general jurisdiction.
Which court considers criminal cases?
Dangerous human acts that fall under the articles of the Criminal Code are disassembled and analyzed in a court of general jurisdiction. Such proceedings have two purposes:
- Protect the victim.
- Protect or punish the perpetrator.
The criminal case takes place in several stages:
- Case initiation.
- A collection of evidence and evidence.
- Preparation of material (listening).
- Criminal court of the first instance.
- Criminal court of the second instance (court of appeal and cassation).
- Sentence.
If we talk about which courts consider which cases, then the court of general jurisdiction, except for criminal ones, also administers justice over civil and administrative offenses.
Criminal trials take longer than arbitration. This can be explained by lengthy investigations, prosecutorial checks and the collection of material. In criminal court hearings are attended by:
- state bodies (judge, prosecutor, investigator);
- interested parties (defendants, accused, victims, witnesses);
- defenders;
- representatives
- public organizations (labor collective , etc.);
- experts who help the judge to administer justice.
Crimes and Punishments
Each crime committed by a person entails a certain punishment. Persons who have reached the age of fourteen are considered criminally liable. By severity, all crimes are divided into acts:
- Minor severity (the maximum sentence is up to two years in prison).
- Moderate (up to five years in prison).
- Severe (up to ten years).
- Particularly severe (from ten years and above).
Types of punishments :
- Fine.
- The prohibition to hold certain positions.
- Forced work.
- Restriction of freedom.
- Imprisonment for a term or for life.
- The death penalty.
In our time, a moratorium has been introduced on the death penalty, which involves imprisonment for a term of twenty-five years or for life.
All crimes are divided by object:
- Personal: murder (including through negligence), rape, beatings.
- Economic: extortion, robbery, theft, fraud.
- Public: terrorism, hostage taking, banditry, hooliganism.
- State: high treason, espionage, rebellion, sabotage, abuse of office.
Code of Civil Procedure
The civil court is a social phenomenon that protects civil human rights. The civil process addresses specific legal issues. It is completed by the court, as well as by other structures involved in the case, and consists of several stages:
- Opening of a civil case (complaint, statement, lawsuit).
- Collect evidence and evidence.
- Litigation (justice).
- Appeal of decisions (court of cassation).
- Revision of the decision.
- Sentence.
The task of civil proceedings is to timely consider and judge a civil case, to protect the rights and freedoms of citizens.
Types of civil proceedings:
- Claim proceedings: civil, family, housing and other proceedings.
- Administrative proceedings.
- Special proceedings: cases related to legal facts (adoption, declaration of missing persons, etc.).
How to apply to court?
Regardless of which courts consider which cases, all persons who have reached the age of sixteen can appeal to them. Until the age of fourteen, the interests of children are represented by their parents or guardians.
Appeal to the court must be in writing, and also have the signature of the plaintiff or representative. The claim must be accompanied by all necessary documents. An application is submitted at the location of the defendant or his property.
They file a lawsuit in a magistrate or district court. The first deals with divorce, division of property, labor relations. The district court parses more complex cases.
The judge as soon as possible (no more than two months from the date of the opening of the proceedings) examines the application and makes a determination, after which a case is opened in the court of first instance.
Conclusion
Litigation is a very delicate process. It’s better, of course, not to bring matters to court. Well, if that happened, then you need to get a lawyer with good practice. Choosing a defense, you need to focus on which courts consider what cases. After all, everyone has their own horse - some lawyers are strong in criminal cases, while others are family-friendly.