The laws of the Russian Federation provide for such a thing as jurisdiction for courts of all instances, including justices of the peace. It suggests several important aspects. Their list also includes judicial sections. It is they who indicate which region should be contacted when submitting a statement of claim.
Features of judicial competence
The jurisdiction of world courts contains all civil cases classified as simple. The current legislation defines judicial plots for the city of Moscow and other regions of the country. It is just a must. In other words, judicial plots for magistrates are painted throughout the Russian Federation.
Their powers imply the possibility of considering all civil claims without exception, which are classified as subordinate to them. Even if, for example, the judge serving the Leninsky judicial district is absent due to various reasons, he can only be replaced by a legal entity representing one of the neighboring districts.
The concept
The judicial section is understood as a certain specific territory, which can both coincide with the borders of the district and make up only a part of it, within the framework of which the activity of one justice of the peace is carried out.
The current legislation briefly describes such a site as a certain area of work of the global lawmaker. The total number of these sites for each of the existing constituent entities of the Russian Federation is determined at the legislative level at the initiative of the same constituent entity of the federation. The document is necessarily agreed with the Supreme Court of the country.
It is also permissible that the initiative to allocate a judicial section of a justice of the peace and to determine their total number in a particular region should come from the Supreme Court, and after that it will be approved locally.
Features of creating sites
To abolish or, conversely, create a specific site, a separate law of the Russian Federation is issued. Current legislation indicates that the population in each of them is limited to strictly defined values. It can not be less than 15 thousand people, like more than 30 thousand people.
Separately, it is stipulated that if less than 15 thousand citizens live in the territory of a certain administrative entity (the minimum possible number of people for a justice of the peace of a district court), then a single district will be created for him, to which his justice will be appointed.
The procedure for delimiting plots
The current Russian law, which stipulates all the nuances of the activity of the apparatus of magistrates, prescribes that the work of each of them is carried out strictly on a specific site.
The number of persons holding this post in the country and in its specific subject, as well as the number of sites served by them, is established by the relevant regulatory acts. As noted above, actions to change the number of such areas must be coordinated with the supreme court of the country.
But specific boundaries for each of the sections can only be established by the legislative branch of a specific region.
Features of demarcation of sites
The real territorial division of the plots is carried out on the basis of the current load on the district courts, staffing and material capabilities in terms of material arrangement. It takes into account the availability of premises, opportunities for remuneration of staff, ensuring additional costs and more.
It is important to pay attention to the fact that within the boundaries of each such area a certain number of people should live. For example, the judicial plots of the Leninsky district of the Moscow region fully reflect this rule. Here is a list of sites belonging to this region:
- Station of Justice of the Peace No. 8. It is located at 142703, Moscow Region, Vidnoye, ul. School, d. 80.
- Section of Justice of the Peace No. 9. It is located at 142703, Moscow Region, Vidnoye, ul. School, d. 80.
- Station of Justice of the Peace No. 10. It is located at: 142717, Moscow Region, Leninsky District, pos. Fork, d. 31, cor. 2 (extension to a residential building).
- Section of Justice of the Peace No. 11. It is located at 142703, Moscow Region, Leninsky District, Vidnoye, ul. Lemeshko, d. 15.
All of the above sites belong to the Vidnovsky court.
It is categorically unacceptable to abolish the position, as well as to eliminate the section of justices of the peace, until such time as all cases that are within its competence are transferred to another judge or even to another territorial section.
Territorial jurisdiction
All civil cases are considered strictly taking into account the established territorial jurisdiction. That is, the Leninsky judicial district can only be contacted by people living in the territory assigned to it. In fact, the procedure for determining jurisdiction is similar to the basic rules relevant for other components of the modern judicial system of Russia.
So that each person could easily determine the jurisdiction of the claim that he is going to file, a special portal called “GAS Justice” has been created. It is there that you can get a link to the justice of the peace website, in accordance with the current standards of the territorial jurisdiction of a criminal or administrative case.
Features of the practical definition of the site
In order for the written application to get a real move, it is important not only to draw it up correctly, but also to submit it to the right section of the justice of the peace. It is there that the registration of the filed claim is carried out.
Initially, to determine the current area of responsibility, you should refer to the current Civil Code of the Russian Federation. These are articles 23-28. It is there that the areas of responsibility are indicated. So, the justice of the peace can only consider certain cases: divorce, the procedure for using property, execution of court orders, material disputes, etc. District courts deal with the bulk of claims, as they are classified as first instance courts.
The application is always submitted based on the defendant's place of residence. In proceedings involving a certain organization, they are guided by its location.
In cases where the plaintiff does not have the opportunity to come to the court to which the opponent’s place of residence belongs, and there are serious reasons for this, then an appeal to the judge of his own territorial zone is allowed. Special circumstances include the presence of children (toddlers), health problems, etc.
It is allowed to consider, based on the place of residence, cases involving the restoration of rights, consumer protection, divorce, etc.
How to find out your site?
Immediately after the establishment of the jurisdiction of the case, if it belongs to the justices of the peace, it is necessary to find out the area to which it relates. There are a huge number of judicial sites in the Moscow region or any other region of the country.
As soon as the opponent’s address or location of some disputed property becomes known, it is enough to use the “GAS Justice” system specially developed for this purpose.
To determine, for example, a judicial site in Moscow, it is enough to choose the appropriate section devoted to justices of the peace. Further, the available data is entered in a special form. First, the desired region is indicated, then information about the street, the search button is clicked. If clarification is necessary, this also introduces the number of the house where the defendant lives.
The page will not only indicate a specific site, but also give a link to it. It is there that you can find up-to-date information regarding the features of applying, the opening hours for applications. The name of the judge, the address of his admission and the current contact telephone number, other features of the territory are also indicated there.
Territorial jurisdiction under the Administrative Code of the Russian Federation for magistrates
First of all, based on the nature and characteristics of the current dispute, the real tribal jurisdiction for a justice of the peace is determined. Further, the plaintiff seeks a specific judge to protect his interests in accordance with the principle of jurisdiction. Sometimes it is possible to conduct cases on the basis of the place of their commission.
If the possibility of choosing jurisdiction was previously allowed, and the court was not entitled to change it on its own, now the interpretation of the rules has changed. The country's supreme court allows for a change in jurisdiction, but only if it is required for its proper production. Be sure to take into account the interests of both the main participants in the proceedings, and public.
What cases does the CCP classify as jurisdictional to a world court?
The rules of jurisdiction are established by the current federal law on magistrates in Russia. Their jurisdiction is fully reflected there.
The country's civil code defines the following types of civil disputes for litigation in magistrates' courts:
- order proceedings;
- main property disputes, the subject of which is not more than 50,000 rubles, except for disputes regarding intellectual activity and inheritance proceedings;
- features of the use of property, including residential premises;
- main aspects of family relations, including the division of property, if its volume is within 50 thousand rubles. (otherwise, the case falls under the jurisdiction of the district court), divorce, if there is a unified decision between the spouses on determining the place of residence for the children.
This is an incomplete list of case categories for a magistrate court. Many of them are determined by specific aspects - the current clauses of federal laws.
World Court Competence
The terms of reference for any magistrate are outlined by federal law. So, they can conduct criminal proceedings if the term for one or another offense cannot be more than three years. A number of exceptions are also envisaged - they are all reflected in Art. 31 Code of Criminal Procedure Part 1.
Mostly criminal cases in a magistrate court are:
- investigation in the form of an inquiry;
- private charges when a case can only be brought if the victim so desires.
A full list of cases that can be dealt with within the walls of a world court can be found in the current legislative acts of the subjects of the federation, as well as Art. 23.1 Administrative Code of Russia. In practice, their jurisdiction is usually classified according to the residual principle - they work with those cases that are not suitable for district, military and arbitration departments. The main part usually concerns business conflicts and administrative offenses of various types.