The conduct of civil litigation has its own distinctive features, terms. One of the most fundamental is the concept of jurisdiction and jurisdiction. We will analyze the meanings of these terms, their varieties, and distinctive features. Let's start with the first concept.
About Jurisdiction
We consider jurisdiction and jurisdiction in a civil proceeding. What is it?
Jurisdiction is the relevance of disputes and other types of legal cases requiring government-to-state consideration to the conduct of a particular state (or some other) body.
Jurisdiction is a specific property of legal cases, according to which they will be subject to consideration by certain jurisdictional bodies.
Varieties
Types of jurisdiction and jurisdiction will also be analyzed by us. The first concept is divided into the following varieties:
- Exceptional. This is such jurisdiction of jurisdictional cases that excludes recourse for the protection of one’s own rights to any jurisdictional organization, except for court.
- Conditional. This jurisdiction requires compliance with the out-of-court preliminary procedure for the settlement of disputes established by the letter of the law.
- Alternative. It allows the consideration of a civil case not only by a court of general jurisdiction, but also by other jurisdictional bodies.
- Negotiated. This jurisdiction is based on the agreement of the parties to consider a specific case in the arbitration court.
Main categories
If we turn to the rules on jurisdiction and jurisdiction, we will notice that the first phenomenon is also divided into two large categories:
- Jurisdiction of the arbitration court.
- Jurisdiction of a court of general jurisdiction.
We will get acquainted with each of these categories in detail.
Attribution to Arbitration Courts
As for the arbitration courts, their competence includes the consideration of civil cases of an entrepreneurial and other kind of economic orientation (basis - Art. 1.27 of the AIC).
It follows that the arbitration courts are called to resolve economic disputes, consider other cases involving legal entities, organizations, as well as citizens engaged in business without a legal entity (having the legal status of individual entrepreneurs).
In such cases, representatives of the state power of the Russian Federation, subjects of the federation, as well as municipalities, local governments and other state bodies can participate in such cases.
As for the jurisdiction and jurisdiction? In the administrative procedure, arbitration courts consider economic disputes that arise from administrative and other types of public legal relations (the basis is Articles 27-33 of the APC). This is the following:
- Challenging legal regulations that affect the legitimate interests and rights of the applicant arising in the course of entrepreneurial activity, entry into economic relations.
- Challenging legal non-normative acts issued by state authorities.
- Administrative offenses.
- Collection from legal entities and citizens engaged in entrepreneurial (or any other economic) activities of sanctions and mandatory payments.
Attribution to the courts of general jurisdiction
We continue to represent jurisdiction and jurisdiction in the civil process. Here we will analyze in detail the jurisdiction of the courts of general jurisdiction. They are distinguished by their universal character (in relation to the jurisdiction of the arbitration court) - all civil cases that are not directly within the competence of the arbitration courts are considered here.
In particular, the following is permitted here:
- Claim cases involving legal entities, citizens, state authorities and local self-government for the protection of disputed, violated rights, interests, freedoms.
- Settlement of disputes arising from civil, housing, family, labor, environmental and other types of legal relations.
- Cases according to the requirements specified in Art. 122 Code of Civil Procedure, authorized by order of production.
- Cases that arise from public relations referred to in Art. 245 GIC.
- Cases of special proceedings listed in Art. 262 Code of Civil Procedure.
- Cases to challenge the decisions of the arbitration court, to issue enforcement documents for the enforcement of decisions issued by the same arbitration courts.
- Cases on the recognition and further enforcement of decisions ruled by foreign courts, by foreign arbitral awards.
- Consideration and resolution of cases involving foreigners, stateless persons, foreign, international companies, organizations operating with the participation of foreign investment.
About jurisdiction
Jurisdiction and jurisdiction in the civil process are close, but not identical concepts. Let's get acquainted with the definition of the latter.
Jurisdiction is the distribution of cases between judicial organizations that are subject to consideration in the first instance. In other words, this is the definition of a specific court, where a specific case should be considered.
Jurisdiction will include both the power, competence belonging to a particular court, to decide its case, and the obligation corresponding to this power to submit to this competent court of interested parties.
Why is it important to consider jurisdiction and jurisdiction in a civil process together? When a lawsuit is filed with a court, not only the jurisdiction of the case to a particular court is taken into account, but also the rules of jurisdiction. The latter will determine the possibility of considering disputes in any particular court.
So, jurisdiction is the relevance of cases under the jurisdiction of the courts to the conduct of a particular court. The rules that govern the relevance of cases to the conduct of certain courts form an independent legal institution. They play an important role already in judicial practice.
Varieties
We examined the concept of jurisdiction and its difference from jurisdiction. Now consider the types of jurisdiction:
- Subject (another name is generic).
- Spatial (or territorial).
The jurisdiction of certain civil cases is also allocated to magistrates and district courts. Now we will present in detail each of these categories.
Subject category
Jurisdiction and jurisdiction of cases in the civil process are divided into several varieties. What does tribal jurisdiction imply? With its help, various cases under the jurisdiction of the court are divided among the links of the judicial systems in the first instance, vertically. That is, the case may be subject to the following jurisdiction:
- World judge.
- District Court.
- The court of a particular Russian entity.
- The Supreme Court of the Russian Federation.
Tribal jurisdiction will be determined depending on the type of court case, its nature, property, significance and so on. It helps not only determine, find a court that will, in the first instance, consider the case, but also acts as a criterion for the load of courts. That is, it distributes how many cases will be considered by specific courts.
Jurisdiction is closely related to the constitutional requirement (part 1, art. 47): no person may be deprived of the right to consider his case by those judges and in those courts to whose jurisdiction it is assigned by legislative requirements.
Jurisdiction of the magistrate and the district court
We have identified the difference between jurisdiction and jurisdiction. The first determines the possibility of considering specific disputes in a particular court, the latter - the attitude of the case to a particular court.
As for civil cases, they can be jurisdictional not only to the district court, but also to the justice of the peace. The jurisdiction of the latter (under Article 23 of the Code of Civil Procedure) includes the following cases:
- On the issuance of court orders.
- About divorce (if the spouses have not started a dispute about children).
- About the division between spouses of the property acquired by them together (if its value does not exceed 100,000 rubles).
- Other matters arising from family relationships. Exception: contesting motherhood or fatherhood, deprivation of parental rights, establishment of paternity, adoption or adoption of a minor.
- Property disputes. Exception: cases of inheritance of property, disputes arising from legal relations on the creation and further use of the results of intellectual activity (if the price of the claim is not higher than 100,000 rubles).
- Determining the procedure for using this or that property.
If a petition submitted by a citizen contains several requirements, some of which are under the jurisdiction of the district court, and some are the justice of the peace, then such a claim will be considered by the district court.
As for disputes between a justice of the peace and a district court about the jurisdiction of a particular case, they are not allowed under Russian law. That is, if the justice of the peace decided to send the case to the district court, the latter should consider it on the merits. The district court has no right to return this case to the justice of the peace.
Spatial category
If you determine the jurisdiction and jurisdiction of the case, it will be easy for you to establish which court should consider it. Tribal jurisdiction helps to determine whether a case is related to a particular court vertically - from a justice of the peace to the Supreme Court.
And already territorial, spatial jurisdiction is the delineation of civil cases between organizations of the same level of the judicial structure. That is, the assignment of cases horizontally in the space in which the jurisdictional activity is carried out.
Accordingly, the general rule for determining spatial jurisdiction is the location (or the place of residence) of the defendant. According to Art. 20 Civil Code is a place where a citizen mainly or permanently resides. In fact, this is the place of registration (registration) of the person.
If the defendant is not a natural person, but a legal entity, then under Art. 54 of the Civil Code of the Russian Federation, the place of its location is the place of state registration of the company. It should be noted that the place of residence of the defendant is indicated in the statement by the plaintiff.
Varieties
Spatial jurisdiction, in turn, is divided into the following categories:
- Alternative. In some cases (Article 29 of the Code of Civil Procedure), the plaintiff may submit a judicial application not only at the place of residence (or location) of the defendant, but also in another court of his choice.
- Negotiated. It will be installed by agreement of the parties. The purpose of this is to better safeguard their interests.
- Exceptional. Allocates a list of objects of law (Article 30 of the Civil Procedure Code), disputes in respect of which are subject to resolution only in the courts listed in this article.
- In connection with the affairs. Such jurisdiction is already provided for by Art. 31 GIC. Regardless of the territory, the dispute will be subject to resolution in the judicial authority where the case related to it is already being considered.
We examined the concept of jurisdiction and its difference from jurisdiction. Together, they reveal the relevance of the case to a specific court, the level of the Russian judicial system. Jurisdiction determines the assignment of civil cases to courts of arbitration or another group - general jurisdiction. Jurisdiction - consideration of a case by a certain level of the judicial system, determined by a court on a territorial basis.