The importance of developing and improving the judiciary in the context of developing democracy in the Russian Federation is difficult to deny - after all, this power belongs to the most important elements of the state structure. The source of judicial power is the Constitution of the Russian Federation, and the district court can be considered the main link in the system that combines the courts of general jurisdiction in our country.
Organization and competence of district courts
The legislative basis of this system is the constitutional Federal Law entitled “On the Judicial System of the Russian Federation” (No. 1-FKZ). It was adopted on September 23, 1996 at a meeting of the State Duma and approved by the Federation Council on December 26, 1996. Based on it, the current judicial system is formed.
A district court may be created and operate on the territory of a district or district and city, or even several cities. The main advantage of it as the main link of the judicial system is the convenience of location in relation to the population, which allows citizens and organizations to seek advice and protect their own rights and interests. In Russia, a district court is available in each administrative district. In total, the country has 2456 district courts with a total staff of judges over 12.5 thousand people
Its structure does not imply division into smaller units. The staff consists of the chairman of the court, his deputy (or two), judges. All the mentioned persons can be appointed to the post by representation of the President of the Armed Forces (Supreme Court) of the Russian Federation by the President of the country, based on the relevant conclusion of the qualification board.
For a magistrate in jurisdiction, the district court in each territory of the judicial district serves as a higher court. The justice of the peace shall be given the right to the sole consideration of administrative, civil and criminal cases as a court of first instance.
On the division of labor
The chairman's task is to distribute official duties in the staff of subordinates making up the district court. Its composition and competence depend on the qualifications, theoretical training and length of service of each judge. The distribution of responsibilities may:
1. On the principle of territoriality. A judge can deal with all civil, criminal and administrative matters in a certain territory (village, town, city).
2. On the basis of objectivity - a specific judge is engaged only in criminal or civil cases. Differentiation in this case can be even more detailed: for example, a judge can specialize in considering only housing or alimony cases, etc.
3. The sign may be mixed (zonal-subject).
The structure of the district court does not provide for the presidiums of the courts, judicial boards or the existence of a scientific advisory board. It can also consist of one judge, who in this case is automatically assigned the competence of the district city court with the powers of its chairman.
The creation or abolition of it is possible only through federal law. The district court, within its competence, considers cases as a court of first instance, and in the event of newly discovered circumstances of cases in the first instance. The task of the district court is to consider all cases that are not subject to other courts.
When working on appeal, his task is to verify the legality and validity of decisions, decisions and sentences handed down by the justice of the peace. If we are talking about a civil process regarding newly discovered circumstances, the court may review its own decisions that were made in the first or on appeal. This provision applies to the Code of Civil Procedure - Code of Civil Procedure. As for the criminal proceedings, it is within the competence of the district city court to review the verdict or decision issued by the justice of the peace.
What is the district court doing? Competence, order of consideration of cases
What matters does a district court consider besides civil and criminal ones? In his competence is the decision of all cases involving various types of administrative offenses related to the execution of a sentence (for example, when it comes to parole). The jurisdiction of the district court also includes consideration of questions on the application of measures of compulsory medical nature or educational impact. Its task is to accept and resolve complaints related to decisions, actions or inaction of prosecution authorities, as well as interrogators and investigators.
In the course of pre-trial proceedings, the competence of the district court of the Russian Federation is to decide on what measure of restraint to choose (house arrest, detention), to extend the period of arrest, and to place a suspect or accused in a medical hospital for examination - forensic or judicial - psychiatric. The court’s task is also to consider and resolve the issue (make a decision) on a search or inspection of a house without the consent of those living in it, as well as on a personal search and seizure of documents with information on bank deposits and accounts.
It is within the competence of a district court to seize correspondence, as well as permit its seizure and inspection in communication facilities. He is also involved in the process of seizing property of individuals (both physical and legal). The same applies to deposits and cash accounts. The competence of the district court also includes the adoption of decisions on recording telephone conversations and the temporary removal of the accused or suspect from his post.
How is his activity organized
As already mentioned, the district court is the main link of the Federal system of courts of general jurisdiction. Article 21 of the law on the judicial system regulates the creation of such a court on the territory of a judicial district covering one city, district or other administrative-territorial unit of a constituent entity of the Russian Federation.
The territory of the judicial district may also include several administrative-territorial units (districts) having adjacent borders. As the district court, city inter-municipal or inter-district courts may exist. As for rural areas, as a rule, there is one court covering the territory of the city (district center) and the district.
In the absolute majority, almost all jurisdictions of cases are within the competence of the district court, which once again confirms its status as the main link in the judicial system. The decision to create or abolish a specific district court is made in each case by the local administration in accordance with the Federal Law and on the proposal of the Department of the Judicial Department.
The number of judges in the state should depend on the load. The optimal norm in this matter has not yet been worked out. As a result, the load in conditions of insufficient staff is constantly growing. Other problems of the courts' activities are considered to be a low level of resource provision, insufficient involvement of lawyers in the processes (we are talking about criminal proceedings), shortcomings in the organization of work of the escort service, insufficient level of execution regarding the search for hiding defendants or the forced bringing of witnesses.
Let's talk about its structure
As a state institution, the district court is headed by the chairman, whose tasks are to supervise the work in the subordinate institution, the distribution of duties, the personal reception of citizens and the reporting provided to state bodies.
In his submission is a staff of people's judges, that is, persons with the authority to professionally administer justice. Determine the number of staff units of a district court of the Russian Federation - the competence of the executive authority of each of its entities.
Along with the judges, people's assessors endowed with the same rights also support the rule of law. The task of the court consultant is to conduct reference work, monitor changes in legislation in this area and bring information to judges.
The position of the secretary of the court session implies attaching to a particular judge in order to keep a record of the session and verify the attendance of the participants.
There can be two divisions such as the office in large courts - in criminal and civil cases. The functions of the office are record keeping, accounting and distribution of correspondence, preparation of copies of documents, as well as files for delivery to the archive and provision of materials for familiarization to all participants in the process.
The duties of the archivist are the storage of court cases with decisions that have entered into force, the issuance of all necessary copies and certificates, the destruction of cases after a strictly defined period.
If the amount of work is small, a single judge may be appointed to the staff of the district court. But the vast majority of such institutions consists of several judges (sometimes there are over 10), one of which owns the powers of the chairman.
By whom and how are judges appointed
The first appointment of each of the judges is for a three-year term. After this period, the judge may be approved on an ongoing basis in the same manner. Work as a judge implies an age limit of 70 years.
The term of appointment to the posts of presidents of courts, as well as their deputies is 6 years. This is done according to the presentation of the Chairman of the RF Armed Forces. A candidate for the position of a judge, chairman or his deputy may be nominated only in case of a positive opinion of the qualification panel of judges of the subject of the Russian Federation.
The president of the Russian Federation signs the certificate of the judge , and his representative or the chairman of a higher court in the federal district issues it in the prescribed manner. In the process of legal proceedings, the judge must be clothed in a mantle.
Court work planning
All activities that are within the competence of a district court are usually planned for a quarter. Each such plan reflects the proposed work with personnel, activities related to advanced training, consideration of the status of legal proceedings in the area and generalization of judicial practice, as well as issues of the organization of paperwork. In addition, each judge develops his own personal plan, one of the main points of which is the determination of the place, time and sequence of each court session, as well as events for the organization of visiting sessions, reception of the population, etc.
Since 1998, the law established the post of judicial administrator, who is subordinate to the chairman of the district court. The administrator’s competence is to ensure the organizational activity of a judicial institution through interaction with the bodies of the legal profession, law enforcement, etc. His task is to supply the court with information and legal materials (these include all necessary legal literature, regulations, etc.)
He is also obliged to organize paperwork, ensure the conduct of judicial statistics and the normal functioning of the archive. His tasks, in addition, include the organization of the protection of premises and other judicial property, communications, the functioning of economic services, etc.
Court auxiliary apparatus
Its presence is necessary so that the work of the district court always remains harmonious and clear. The management of the apparatus is also the responsibility of the chairman. Includes the judicial apparatus; the staff of bailiffs, consultants, secretaries (headed by the senior secretary), head. office, as well as an accountant, archivist, manager and typist.
The necessary employees are selected and appointed by the chairman (except for bailiffs whose task of appointment and dismissal is within the competence of the main bailiff of the subject of the Russian Federation). Recruiting is not an easy task. After all, it is necessary to take into account, in addition to the level of qualification, human qualities - the general culture, conscientiousness, politeness, which in sum is the visiting card of the court in the eyes of the public. Unfortunately, the low funding of the judicial system in Russia does not contribute to attracting worthy highly qualified personnel.
Approved in August 1999, the provisional instruction relating to clerical work in a district court regulates the work of secretaries and clerks. The head of their activity is the head. the office. His duties are to distribute the work among the staff of the apparatus, monitor the implementation, prepare reporting materials, draw up properly books of orders and court orders, as well as judicial correspondence.
Each of the cases examined is subject to initial accounting with the completion of the corresponding accounting and statistical card. These documents serve as the basis for reporting statistics. Responsibility for this site rests with the chairman of the court.
The task of the clerks, assigned, as already mentioned, to specific judges, is to keep a record of the meeting, while being responsible for its accuracy. In addition, before starting this, they will have to ensure and verify the appearance of all the parties involved - defendants, plaintiffs, witnesses, victims, defendants.
Court consultants are usually assigned to do reference work related to legislative practice and legislation in general. He keeps in custody control copies of all normative acts - codes, laws, decrees of the President of the Russian Federation and all kinds of resolutions.
The number of bailiffs at the district city court may be one or more (up to 10 or 12 people). Their number depends on the volume of the work to be performed. They are appointed by the territorial body of justice. A bailiff is an official whose function is to enforce a judgment, order, or ruling in a civil or criminal case. They are engaged in property penalties in administrative cases.
Criminal Powers
In criminal cases, the competence of a district court is to act as a court of first instance or appeal on the decision of the justices of the peace. The powers of the district court - consideration of most criminal cases. The Constitution gives courts of general jurisdiction (which include the district court) the competence to control the actions of those involved in the detection of crimes of bodies. If a criminal case is entered into the proceedings, the judge may decide to send it by jurisdiction, schedule a preliminary hearing or a hearing.
Any of the decisions of the judge shall be drawn up by an appropriate decision. The decision must be made no later than 30 days after the date of receipt of the case. If the accused is in custody, such a period must be reduced to 14 days. Copies of the decision are sent to all parties, the criminal case materials can be provided for review by any of the parties at her request.
The powers of district judges also apply to investigative activities in that part, which limits the right of citizens to keep confidentiality of correspondence, mail, telephone conversations, etc. The same applies to possible violations of the right to inviolability of the home. All such acts may be carried out solely by judicial decision.
Russian justice is gradually approaching international standards in so far as it affects the observance of human rights. For example, in the absence of court authorization to arrest, any detainee must be released after 48 hours. Any complaint of the suspect or accused must immediately be sent to the court or to the prosecutor and examined no later than within 5 days.
During the trial after 2004, criminal cases involving serious or especially serious crimes began to be considered in the district courts by panels of three judges. The time for consideration of the case can be postponed to familiarize with its materials of the defense counsel and the prosecutor. The court may elect, cancel or change the measure of restraint for the defendant. The term of detention of the latter in custody may be extended within 3 months until the moment a court decision is made on the merits.
Powers in civil and administrative matters
Such cases are considered by judges on a one-to-one basis. The decisions handed down in each civil case or in the criminal case in so far as the satisfaction of property claims are addressed are subject to enforcement.The enforcement of such decisions is the task of the bailiffs on the staff of the court. As for administrative offenses, the powers of district judges under the new Code of Administrative Offenses from July 1, 2002 may be of a competent or administrative procedural nature.
In Article 23.1 of the Administrative Code provides a list of those articles which could be considered a district judge. He can make a decision that significantly affects the property rights of a citizen, which undoubtedly requires high judicial qualifications. As an administrative punishment, a decision can also be made on disqualification - that is, a restriction on the rights of an individual to occupy senior positions in executive bodies.
Administrative investigations concern the most difficult categories of cases. As a rule, these are issues related to violation of the legislation on advertising or antitrust, protection of consumer rights, etc. Cases of administrative offenses should be considered by judges within fifteen days. Keeping a trial record is optional.