The Constitution of the Russian Federation stipulates the administration of justice exclusively by the court, which, protecting the rights and freedoms of man and citizen, performs the main function of the judiciary.
The Constitution and procedural legislation provide for a special procedure, which must be observed in justice, which distinguishes it from administrative proceedings. The legislator took care of creating optimal conditions for establishing the truth and making a fair verdict.
Criminal proceedings
The court as a participant in criminal proceedings is recognized as its main participant. He considers cases on the merits and makes decisions, while protecting the legitimate rights and interests of citizens. In performing its functions, the court must take into account international legal standards and the practice of the European Court of Human Rights.
Participants in the criminal process are divided into groups:
- Court. As a participant in the criminal process, he is empowered to create acceptable conditions for the participants to exercise their rights and fulfill their duties.
- The prosecution includes a prosecutor, an investigator, bodies of inquiry, investigators, a victim, a private prosecutor, a representative of the victim, a civil plaintiff.
- The defense party consists of the suspect, the accused, their legal representatives in case of their minority, defense counsel, civil defendant, representative of the civil defendant.
- Other participants include those who do not have their own interests in the case. These are witnesses, translators, experts, witnesses, specialists.
Administering justice
Criminal justice is administered by judges of the world, district, regional and equivalent courts, the Supreme Court of the Russian Federation. Representatives of the people β jurors β also take part in the criminal process . Their task is to issue a verdict on the guilt or innocence of the defendant. And for the objectivity and legality of such a verdict, representatives of the people are endowed with certain rights and obligations.
The court as a participant in criminal proceedings has the exclusive right to decide on the guilt of a person in committing a crime or justify it. Guilty to appoint a measure of punishment, coercive measures of a medical or educational nature, which in a certain way restrict the rights and freedoms provided for by the Constitution of the Russian Federation.
Only the court, as a participant in criminal proceedings, has the exclusive right to manage the trial, adhering to the law. Renew violated human rights, punish the perpetrator - his main task.
The court as a participant in criminal proceedings may administer justice both individually and collectively. For example, magistrates, as well as federal judges, in the courts of the first and appeal instances conduct criminal proceedings alone. The board may consist of three judges or one professional judge with a jury, which should be twelve.
Civil process
Participants in the civil process are divided into only three groups:
- Court. This state body is called upon to assist participants in the process to realize their rights and fulfill their obligations in full. The court, as a participant in civil proceedings, is obligated to defend contested or violated human rights.
- Persons with a legal interest in the consideration of the case (plaintiffs, defendants).
- Persons who have no legal interest in the proceedings (witnesses, experts, translators). Such individuals help to establish the truth during the trial.
Participants in the civil process are also divided into:
- persons with a personal interest in the case;
- persons having state, public interest.
The legal norms applied by the court in the consideration of civil disputes determine its very dominant role in civil proceedings.
In a civil proceeding, a court administers justice solely when considering cases in a court of first instance, if it is provided for by the legislation of the Russian Federation, or the participants in the process do not object to such consideration of the case.
Executive production
The court as a participant in the enforcement proceedings must fulfill the function of monitoring the execution of court decisions, as well as control the actions and decisions of the bailiffs. This rather new function helped to bring the role and importance of the court in criminal proceedings to a new level. Even before a decision is made, the court should be concerned about securing claims.
The court is a special authority
The court is a state body with a special procedure for the formation and procedure for the exercise of its powers. In order to resolve disputes and handed down verdicts were objective and fair enough, the legislator secured full independence for the judiciary. Therefore, any pressure on the court is excluded and punishable by law.