The territorial jurisdiction of justices of the peace means that the jurisdiction or competence of a given court is widespread in a certain region. Between legal departments distributed powers to consider specific cases. For legal proceedings, it is important to correctly determine the court to which citizens apply.
Jurisdiction
The term jurisdiction should be understood as the jurisdiction of cases in courts of general jurisdiction. Civil proceedings have differences between jurisdiction and jurisdiction. The competence of a particular court is determined by the rules of jurisdiction - under their control and management, cases of first instance are considered.
Jurisdiction of a legal body means the distribution of cases between different links in the judicial system of the Russian Federation. In addition to the territorial jurisdiction of justices of the peace, there is also a clan or subject distribution.
What is the competence of world courts
A single powerful structure includes special officials who serve in the courts of general jurisdiction. Their activities and appointment are regulated by constitutional laws, they fulfill the duties of justices of the peace.
The competence of these legal bodies as the first instance includes the consideration of cases:
- for criminal offenses with a 3-year prison term;
- they issue court orders;
- divorce without children;
- share property of former spouses;
- resolve labor conflicts;
- dispute the use of home ownership.
Territorial jurisdiction of justices of the peace happens:
- common;
- alternative;
- exceptional;
- contractual;
- business.
Litigation in the territory of residence of one of the participants in the process. Basically this defendant should be the defendant.
Hierarchical ladder
All courts are subordinate to higher departments. With the help of tribal jurisdiction, the distribution of cases between these legal institutions, which are in the following sequence, takes place, the court:
- world;
- district;
- Supreme regional or provincial.
The staircase ends with the highest step - the Supreme Court of Russia.
Justices of the Peace
Persons in such a responsible position are engaged in various matters. They have a huge amount of work, but their competence is limited by the size of the punishments.
They can only imprison criminals up to 3 years. If financial claims are submitted, their amount should not exceed 100,000 rubles. Jurisprudence provided an opportunity to make decisions to higher authorities, where highly professional people work, for more serious criminal acts.
Features of the legal proceedings
The court of territorial jurisdiction is the workplace of an official important in the life of many citizens. His decisions may return the inherited property to the person who has missed the term of entry into his rights, to share the house with his former spouse, etc. In this area and the building, the justice carries out its activities on:
- civil divorce proceedings without proceedings in the restrictions of parental rights, adoptions;
- labor disputes, but do not reinstate laid-off workers in posts;
- on the procedure for using residential premises;
- consumer protection;
- compensation for property damage.
The competence of the magistrates' courts includes solving administrative problems related to hooliganism and theft.
According to the Criminal Code of the Russian Federation, with the condition of a time limit, penalties for crimes are determined:
- intentional with slight harm to health;
- with torture;
- threats;
- insults;
- sexual harassment, violence.
Departments at this level are investigating various cases for which short sentences are provided. Their activities are included in the legislative framework. Despite the fact that the magistrate's court belongs to the lowest level in the judicial system, it performs an important task of protecting human interests. Judges with their verdicts protect from hooligan sophistication, resolve conflict and disputed issues between individuals and legal entities. With their help, collection of taxes and credit debts takes place, damage is compensated.
What are the rules for determining
Based on the totality of the rules, the jurisdiction of a justice of the peace is determined for filing a claim, so that the case is considered in this instance. These officials participate only in those contentious issues that the law allows them to. The lowest link in the system was created to reduce the workload of the district courts.
Such entities brought the legal authority closer to the population, citizens know the judges in their area. If the applicant makes a mistake in determining the institution, the justice of the peace will return the claim with all the attachments.
When an application is accepted, it cannot be returned; it is transferred for consideration to another legal institution. Conflicts cannot arise in the courts over the distribution of cases; this is not permitted by law. To determine who will consider the dispute, indicate the object, location of the participants and the contract (if there is financial debt).
Where to file a lawsuit
The territorial jurisdiction of justices of the peace functions according to the rules: the plaintiff applies with a statement to where the defendant is located or resides. To do this, find out his address:
- according to the preserved documents;
- previous correspondence;
- extracts;
- from a copy of an identity card.
When a person leaves in an unknown direction, it is allowed to file a lawsuit in the village where the defendant lived recently, or in the area where his belongings were stored.
There is also contractual jurisdiction. Suppose that the parties decided to consider the conflict with the magistrate of Moscow, whose territorial jurisdiction is located in the court plot No. 1, in the area of Matushkino-Savelka.
Other ways to distribute cases
Suppose you need to decide on a specific legal agency and resolve the issue of a dispute with real estate. Such jurisdiction of a justice of the peace is called exceptional. Legal proceedings take place in those places where a legal fact has occurred:
- when considering a case with property - in the area of its location;
- Conflict with transportation where the carrier resides;
- the lender submits a complaint to the department where the borrower lives.
The plaintiff may apply to the judicial section of his city with a lawsuit:
- on alimony;
- divorce;
- compensation for damage due to harm to health.
Such provisions are regulated by federal law No. 138, which approved the Code of Civil Procedure of the Russian Federation.
What do they do in the areas
The territorial jurisdiction of district courts works on cases transferred from world instances. Every citizen has the right to ask for help regardless of the subject matter, level of complexity and size of value. The lawsuit must comply with the jurisdiction of the district court where the defendant is located or resides. Similar departments are located in cities, regions, regions.
Their number is determined by the judicial department according to the criteria:
- the number of people living in the region;
- social division;
- crime rate.
The court considers disputes:
- property;
- divorce proceedings;
- conflict situations with accidents;
- correct decisions on illegal punishments.
Cases in ordinary cases are dealt with by one judge. A panel is convened for complex criminal proceedings.
In what cases do they transmit materials
Code of Civil Procedure in article 33 establishes the general rules and procedure for the transfer of materials. At first, the court, having accepted the case on its own site, thoroughly examines the papers, gives explanations, despite the fact that the documentation has to be transferred to the higher authority. The law provides for a change of departments if the body is not entitled to resolve the dispute due to limitations of jurisdiction. Such circumstances can be clarified only during the trial.
These include the following examples:
- The defendant appeared, who was wanted, but he said the transfer of the court to the territory of his place of residence.
- The defendants both petition for consideration of the materials in the area where most of the evidence has been collected.
- Violations in the rules of jurisdiction were found.
- The judges were challenged, they had to consider the issue, which made it impossible to continue the proceedings in this instance.
From article 47 of the Constitution it becomes clear that the resolution of a controversial moment cannot occur in another institution, only in the body where its jurisdiction is established. If the opposite happens in practice, then the example will serve as a basis to annul the court decision and send the materials to the competent legal authority. Judicial proceedings are translated only by court order. Article 33, part 4 of the Code of Civil Procedure says that the case must be accepted by the institution whose address is indicated, even if an error occurs. The law does not allow contentious proceedings between courts and jurisdiction.