Hello, dear readers of the KtoNaNovenkogo.ru blog. What thoughts come to your mind when you mention the word “court”?
Many associate this body with dispute resolution, justice (what is this?), law, and order.
The first courts appeared in BC. parallel with the formation of statehood. Thus, in Ancient Greece, cases were publicly considered by dicasteries - crowded judicial panels. But even then they were guided by Greek laws.
What does the court look like and what does it do today? In this article you will find the answers.
General scheme
Judicial power is exercised through constitutional, civil, administrative and criminal proceedings.
Courts in Russia are divided into:
- Constitutional courts. They consider cases on the compliance of normative legal acts at all levels with the current Constitution of the Russian Federation - this is done by the Constitutional Court of the Russian Federation. And the Constitutional (statutory) courts of the constituent entities of the Russian Federation check for compliance of the regulatory legal acts of the constituent entities of the Federation with their Constitutions (statutes).
- Courts of general jurisdiction. The main unit has jurisdiction over criminal, administrative, civil and other cases, and the same cases relating to military personnel and organizations that have military and equivalent service are within the jurisdiction of military courts.
- Arbitration courts consider legal disputes in the field of business and other economic activities.
- Disciplinary authority. Its competence includes: appealing decisions of the High Qualification Board of Judges (HQJC) on early termination of powers of judges for committing disciplinary offenses, imposing disciplinary sanctions and certification results.
Functions of the judiciary
The judicial system performs many tasks aimed at establishing justice, fairness, and regulating order. Among the most important functions it is worth highlighting:
- analysis of administrative, civil, constitutional and criminal cases in the manner established by procedural legislation;
- interpretation of legal norms, creation of precedents, as well as the formation of proposals for improving the judicial system;
- certification of legal facts;
- control of powers.
In addition, the powers of the judiciary are conventionally divided into leading (basic) and additional:
- leading – execution of justice, constitutional supervision;
- additional – monitoring the legality and constructiveness of the regulation of the activities of government bodies, execution of sentences, participation in the creation of the judiciary.
Supreme Court of the Russian Federation
The Supreme Court of the Russian Federation is the highest judicial body for civil cases, resolution of economic disputes, criminal, administrative cases and other cases within the jurisdiction of courts of general jurisdiction.
The Federal Constitutional Law “On the Supreme Court of the Russian Federation” contains the following powers of the court:
- judicial supervision of the activities of courts of general jurisdiction, including military courts;
- within its competence, consideration of the case as a court of appeal and cassation instances, in the order of supervision and based on newly discovered circumstances, and in cases provided for by law, also as a court of first instance;
- directly superior court in relation to the supreme courts of republics, regional and regional courts, courts of federal cities (Moscow, St. Petersburg and Sevastopol), courts of the autonomous region and autonomous districts, district and naval military courts;
- study and generalization of judicial practice, analysis of judicial statistics and clarification on issues of judicial practice;
- resolution, within the limits of its powers, of issues arising from international treaties of the Russian Federation, the USSR and the RSFSR.
The Supreme Court publishes the “Bulletin of the Supreme Court of the Russian Federation,” which publishes decisions on civil and criminal cases, reviews of judicial practice, analytical materials and statistical data on the work of courts of general jurisdiction, and other materials.
Courts of general jurisdiction
Courts of general jurisdiction include: the supreme courts of the republics within the Russian Federation, regional, regional courts, the court of the autonomous region, autonomous districts, Moscow, St. Petersburg and Sevastopol city courts, district (city) courts, and the system of military courts.
They carry out criminal, civil, administrative. In 2017, a portal for courts of general jurisdiction was launched in Moscow, located at https://mos-gorsud.ru/. This resource is designed to combine, centralize and synchronize data on the work of 36 Moscow courts (35 district courts and the Moscow City Court).
The portal contains 6 main sections: “Courts of general jurisdiction”, “Search for court cases”, “Electronic reception”, “Territorial jurisdiction”, “State duty calculator” and “Personal account”, and several additional ones (“News about the work of the courts”, “Infographics”, etc.).
The district court is the main link of the courts of general jurisdiction, which hears cases in the first instance and in the appellate instance in relation to magistrates. He is the directly superior court in relation to the justices of the peace operating in the territory of the corresponding judicial district. Considers more complex cases than magistrates.
Magistrates' courts have limited jurisdiction and hear minor cases using a simplified procedure.
In accordance with the Federal Law “On Magistrates in the Russian Federation”, the magistrate considers at first instance:
- criminal cases of crimes for which the maximum penalty does not exceed three years of imprisonment;
- cases of issuing a court order;
- cases of divorce, if there is no dispute between the spouses about children;
- cases of division of jointly acquired property between spouses with a claim price not exceeding fifty thousand rubles;
- other cases arising from family law relations, with the exception of cases of challenging paternity (maternity), establishing paternity, deprivation of parental rights, limiting parental rights, adoption of a child, other cases of disputes about children and cases of recognition the marriage is invalid;
- cases on property disputes, with the exception of cases on inheritance of property and cases arising from relations on the creation and use of results of intellectual activity, with the cost of the claim not exceeding fifty thousand rubles;
- cases to determine the procedure for using property.
Military (naval) district courts are courts of the Russian Federation operating in the Armed Forces of the Russian Federation, included in the unified judicial system of the Russian Federation, carrying out the tasks of justice. Previously called military tribunals. The military court system consists of the military collegium of the Supreme Court of Russia (the highest level); military court of the Armed Forces, districts, groups of forces; military vessels of armies, formations, flotillas, garrisons (first link).
Arbitration courts
In accordance with the Federal Constitutional Law “On Arbitration Courts in the Russian Federation,” arbitration courts are federal courts and are part of the judicial system of the Russian Federation. They resolve economic disputes arising from civil, administrative and other legal relations.
(1) Arbitration courts of constituent entities of the Russian Federation are created in republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts. Cases are considered at first instance, usually individually. The powers include:
- consideration of all cases within the jurisdiction of arbitration courts, with the exception of cases falling within the competence of the Federal Arbitration Courts of Districts and the Supreme Court of the Russian Federation,
- review of judicial acts adopted by him and entered into legal force based on new and newly discovered circumstances,
- study and generalization of judicial practice,
- analysis of judicial statistics.
(2) Arbitration courts of appeal. The powers of the court include verification in the appellate instance of the legality and validity of judicial acts that have not entered into legal force, considered by the arbitration courts of first instance of the constituent entities of the Russian Federation, review of judicial acts adopted by it based on new and newly discovered circumstances, and analysis of judicial statistics. In total, there are 21 arbitration courts of appeal in the Russian Federation;
(3) Arbitration courts of districts - one is created in each judicial district. The district covers several constituent entities of the Russian Federation. There are 10 such courts in total. The powers include: consideration at first instance of cases on the award of compensation for violation of the right to trial within a reasonable time or the right to execution of an arbitration court decision within a reasonable time, verification in cassation of the legality of judicial acts that have entered into legal force in cases, considered by the arbitration courts of the first and appellate instances, review of judicial acts adopted by them and entered into legal force based on new and newly discovered circumstances.
(4) Court for intellectual rights - the court for intellectual rights is a specialized arbitration court that considers, within its competence, cases on disputes related to the protection of intellectual rights, as a court of first and cassation instances.
In the system of arbitration courts, there are electronic resources, such as the Card Index of Arbitration Cases (https://kad.arbitr.ru/), which allows you to monitor the progress of the case online and get acquainted with the texts of judicial acts, as well as the “My Arbitrator” service » (https://my.arbitr.ru), which, among other things, allows you to submit documents electronically.
List of documents attached to the application.
We indicate a complete list of attached documents and be sure to list them.
Article 132 of the Code of Civil Procedure of the Russian Federation establishes the following list of documents that, depending on the circumstances of the case, must be attached to the statement of claim.
Firstly, copies of the statement of claim according to the number of defendants and third parties - if their number is known. If this is unknown, then it is permissible to attach one copy - for the defendant. Secondly, a document confirming the payment of the state duty - as a rule, this is a receipt issued by the bank where the state duty was paid. Thirdly, a power of attorney or other document certifying the authority of the plaintiff’s representative (if actions are carried out through a representative). Fourthly, documents confirming the circumstances on which the plaintiff bases his claims. Copies of these documents are required for defendants and third parties if they do not have copies.
If the law requires the presentation of a pre-trial procedure for resolving a dispute, then it is necessary to attach evidence confirming the implementation of the mandatory pre-trial procedure for resolving a dispute. This is usually a postal notification of receipt of a claim against the defendant or a document confirming the sending of the claim to the defendant. The application must also indicate telephone numbers, fax numbers, email addresses of the plaintiff, his representative, the defendant, and other information relevant for the proper consideration and resolution of the case.
Constitutional courts
The Constitutional Court of the Russian Federation is a judicial body of constitutional control, independently and independently exercising judicial power through constitutional proceedings.
The powers, procedure for the formation and activities of the Constitutional Court of the Russian Federation are determined by the Constitution of the Russian Federation and the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”. The Constitutional Court of the Russian Federation consists of 19 judges appointed by the Federation Council on the proposal of the President.
The constitutional (statutory) court of a constituent entity of the Russian Federation is a body of the judicial system in the Russian Federation that can be created by a constituent entity of the Russian Federation to consider issues of compliance of laws of a constituent entity of the Russian Federation, regulatory legal acts of state authorities of a constituent entity of the Russian Federation and local government bodies of a constituent entity of the Russian Federation with the constitution (charter) of a subject of the Russian Federation, as well as for the interpretation of the constitution (charter) of a subject of the Russian Federation.
During the preparation, materials from the free encyclopedia were used.
Courts
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Legislative, executive and judicial branches
The legislature develops, considers and passes various bills for the state to control public order. It is worth noting that the legislative and judicial systems are closely related: the legislative system enacts bills, and the judicial system approves and supports them. The legislative branch plays an important role in establishing the legal status of the court and the entire state system. Legislation appoints senior positions and exercises budgetary control.
The executive branch sets rules to ensure compliance with government bills. If we talk about the relationship with the judicial system, it is quite diverse. The judicial power is aimed at ensuring the protection of the civil life of society, defending their interests, and maintaining order. The court controls the interests of the executive branch, which in turn provides the material base and creates favorable conditions for judicial activity.
