In the general sense, judicial proceedings mean the activity regulated by the norms of law related to the registration, accounting, circulation of cases and other materials in court. It includes a reference and information search, as well as control over the execution of acts, their preparation for further use and storage.
The value of the activity
The proper organization of litigation ensures the effectiveness of justice. It must be understood that the fate of a person may depend on a document adopted by the authority. Loss of materials, untimely execution of acts, sending them to inappropriate entities entail a violation of the interests and rights of organizations and citizens.
Distinctive features
The organization of judicial proceedings is aimed at compliance with procedural standards, the execution of decisions, decisions, definitions. It provides respect for citizens and legal entities applying to the court.
Requirements for the creation, processing, and use of court materials are based on the provisions of the Code of Criminal Procedure, agribusiness, agrarian and industrial complex, and the administrative code.
The specified normative acts enshrined the key rules governing the structure of court documents, the mandatory details of the acts, the procedure for moving cases depending on the category, the rules and terms of consideration, as well as the peculiarities of execution.
GOST
In the process of organizing and in the direct conduct of court proceedings, the general requirements for ordinary workflow are taken into account. They are fixed in GOST R 6.30-2003.
Gosstandart acts in relation to the organizational and administrative documentation related to the unified system. It includes, in particular, decisions, decisions, acts, protocols, orders and other documents included in the OKUD (All-Russian Classifier).
The standard sets requirements for:
- registration of details (indicating the list of the main ones);
- forms and content of documents;
- manufacturing, accounting, storage, use of forms with the State emblem of the Russian Federation, emblems of the subjects.
These requirements apply to documents that are in circulation of judicial instances.
The regulatory framework for judicial proceedings in a district court
The key normative-methodical act regulating the organization and document management in these instances is the Instruction. Its provisions apply subject to the requirements of the procedural codes.
The Judicial Department Instruction Manual for 2003 was approved.
It is fixed:
- Rules for accounting and maintaining documents.
- Requirements for the execution of procedural and other acts.
- Rules for storing and transferring documentation to the archive.
The provisions of the Instruction on judicial record keeping are aimed at ensuring the proper procedure for the transfer and circulation of materials in the structure of district courts. Prescriptions apply to paper documents and acts created using computer technology.
Office work in the Armed Forces of the Russian Federation
It is carried out in accordance with the Instruction approved by order of the Chairman of the Armed Forces No. 32-P of 2015. This is a fairly voluminous document that regulates all aspects of working with documents.
According to the standard Record Keeping Instructions , the functioning of the unified documentation system for the work of the Court is based on modern technologies. When organizing the workflow, innovative software and hardware are used.
Accounting and registration of incoming / outgoing securities, internal organizational and administrative acts is carried out in the AIS (automated information system).
In divisions of the Supreme Court, judicial proceedings are assigned to authorized employees. The rights and obligations of these employees are determined by job regulations. At the same time, responsibility for organizing the workflow in units is assigned to their managers.
In the model Instructions for clerical work , the general procedure for conducting secret affairs is fixed. According to the regulatory act, this activity is carried out by the First Division of the Armed Forces together with the relevant units. Processing of classified data, development and creation of documents containing them, as well as their copies, is carried out on secure technical equipment installed in sensitive premises.
General rules of workflow in district criminal courts
According to the Instruction for judicial proceedings , as well as in accordance with Art. 227 of the CPC, the judge on the basis of the materials received takes one of the decisions:
- Direct the case on jurisdiction.
- Schedule a preliminary hearing.
- Schedule a meeting.
The judge must make a decision within 30 days from the date of receipt of the materials.
Information on the proceedings with a decision made by the judge during the preparatory procedure shall be reported to the judicial proceedings department no later than the next day (working day). An authorized employee shall make notes on the adopted decision in the statistical registration card (f. No. 5).
The judge should determine the category of cases for which the materials will be taken into account in the statistical report. A copy of the decision shall be sent to the prosecutor, the victim and the accused.
When sending materials on jurisdiction, the case and a cover letter to it are sent to the addressee. The prosecutor who sent the case is also notified at the same time. In form No. 5, an appropriate mark is made. Copies of the cover letter and decision are stored in order No. 15.
Judicial proceedings of the Moscow Regional Court
It is regulated by the Instruction approved by Order of the Judicial Department under the RF Armed Forces No. 161 of December 15, 2004. It must be said that the provisions of this document apply to all the supreme judicial bodies of the Fed cities. values, territories and regions (including autonomous), republics.
Due to the fact that electronic information systems are actively used in all instances, it is necessary to dwell in more detail on the features of document management in the State Autonomous System (state automated system) "Justice".
The submission of documents within the framework of civil, criminal, administrative proceedings is carried out according to the rules approved by the order of the Judicial Department No. 251. For sending information, the interested person fills out a special form posted on the court’s website.
In the absence of mandatory information in the electronic circulation, it will be considered filed in violation of the established procedure. The applicant shall be notified of this by electronic message or by other means.
Checking the correctness of the execution of electronic documents is assigned to an authorized employee of the court apparatus. This employee must check the GAS subsystems at least 2 times during the day.
After verification, a notification of acceptance or rejection of the application is sent to the applicant’s personal account on the same day. In the latter case, the reasons for not accepting the application must be indicated without fail. If there is no technical possibility for this, the response is sent to the applicant’s email address or sent to him in another way.
After performing operations to verify the received documentation, an authorized employee of the court apparatus carries out the transfer of applications to paper media.
Features of party notification
If there is confirmation of proper notification of local and state authorities, other organizations and structures that are participants in the process, the time and place of the meeting, these persons can be notified of a hearing or a separate action by posting relevant information on the court website. If these entities do not have the technical ability to receive such a message, at their request a notification is sent in another way without using the Internet.
Additionally
Placement of information on the acceptance of the claim for proceedings, the place, the time of the meeting or the implementation of the procedural action shall be carried out by an authorized employee of the court apparatus no later than the period provided for in paragraph 3 of Article 113 of the Code of Civil Procedure. In cases with a shorter review period, a notice is published three days before the date of the hearing or the execution of the relevant action.
As for information on the adoption of an administrative claim, submission or complaint, they are posted on the court website 15 days before the hearing, unless otherwise specified in the CAS.
Information published on the official portal of the court on the progress of the case, including information provided to its participants under the restricted access regime, must coincide with the data contained in the GAS Justice.