LawState and Law

Composition and structure of the court

The judicial system in our country is a whole complex of courts created in accordance with their competence and the problems and goals set before them. At the moment, Russia has developed a system of ships, or rather the exact structure of the court. They can be divided into 3 large and most basic areas - arbitration, courts of general jurisdiction and constitutional. In this article, we will discuss each of these groups in detail.

Constitutional Courts

Let's start, perhaps, with the Constitutional Court - this is one of the most important courts in our state. Rather, the only one of the most important. Only the Constitutional Court of the Russian Federation has the opportunity to publicly interpret the Constitution of the state, examine disputes on the division of powers of bodies and conduct verification for compliance with the Constitution of various documents and regulations. Another of his functions is the presentation of official reproaches to the President of the country for treason or another no less serious offense.

The structure of the constitutional court includes Constitutional (statutory) courts of subjects. They can both be, and not be, that is, their existence is determined depending on the subject of the Federation. In independent republics, they are called constitutional, in other subjects (therefore, as they have no constitution, and the Statutes), respectively, are called statutory. Their functions are identical with the Constitutional Court, however their powers are still limited to the territory and location of the subject.

Courts of General Jurisdiction

An important observation: in Russia now the structure of the court also includes military bodies, however, they are very similar to civil ones. The only difference is that they are aimed at the dislocation of army units (the court of the military unit - the district military court - the Military Collegium of the Supreme Court), therefore it makes no sense to write about military courts in more detail.

The main court of our country and its variants

Supreme Court - The Chief Court is the final authority for absolutely all criminal, civil and administrative proceedings. According to the first instance, this court considers an extremely small area of affairs. An organ is formed of four colleges - the civil, administrative, criminal and army collegium.

The structure of the courts of the Russian Federation implies that the Supreme Court is the most important in our country. And the Supreme Court of the subject (republican, regional, local court) is the supreme court of the subject. He is engaged in the evaluation of all that they do not have the right to consider the lower courts. Most often, it plays the role of the appellate instance and is engaged in appealing lower courts. The court of subjects deals with an extremely narrow number of cases. For example, he considers criminal proceedings related to deputies of the Federal Assembly, as well as proceedings that have state secrets, any confidential information and are not admitted to general disclosure. The structure of the Supreme Court indicates that the jury performs its actions at the same level.

City and district courts

District (citywide) court - the jurisdiction of civil and criminal cases of these courts is determined by the relevant acts and laws. However, speaking in general, the regional courts assess material disputes, the estimated value of which is more than 50,000 rubles, disputes (with the division of property), appeals of authorities, as well as most criminal cases.

Activity of judges

World judges - world judges in the Russian Federation are represented by judges of general jurisdiction of the subjects of Russia and join the single judicial system of our state. World courts are created by the subjects of the federation personally, and world judges are elected to the post by the representative body of the state power of the subject of the Russian Federation. In addition, they can be elected to the post by the public of the relevant judicial district in the manner established by the Russian legislation of the subject. At the same time, there is not a single subject on the territory of the Russian Federation that would allow, for example, the structure of the Supreme Court of the Russian Federation to change at the request of citizens, or that the world courts also be formed taking into account the opinions and direct participation of local residents.

World courts assess material disputes up to 50,000 rubles, and also deal with certain groups of non-property disputes (in the form of divorce, if there is no dispute over property), petty-criminal trials, and are also taking steps to resolve cases involving individuals or legal entities to administrative Responsibility. Their conclusions can be challenged in the Federal Court.

Arbitration Courts

The structure of arbitration courts consists of the following types:

The Arbitration Court of the Okrug - in accordance with the arbitration justice, our Power is divided into certain districts in which the proper courts function. It should be noted that federal and arbitration districts (in the same way as army ones, of course) are completely different geographically and numerically and there are only 10 of them.

Arbitration Appeal Courts - are presented by the courts under the control in the appellate instance. They check the judicial actions of arbitration courts of the subjects of the country on the legality, reliability and validity. The rights of the Arbitration Appeal Court include:

  • Conducting inspections in the appellate instance on the legality and justification of judicial orders and acts that did not enter into legitimate force in the processes reviewed by arbitration courts of the subjects of our country;
  • Revision for newly discovered reasons of the generally accepted by them and entered into the legitimate force of judicial acts.

The arbitration court of the subject - in the system of courts of this group there are no regional courts, in them everything begins precisely with the courts of subjects. Arbitration courts, however, assess mainly financial proceedings, and yet proceedings relating to the bankruptcy of both legal and natural persons.

The legal status and position of judges in accordance with the Russian Constitution

The law establishes that judges are individuals who are constitutionally authorized to exercise justice and perform their own direct duties in a professional basis. The conditions and orders of the judges in the exercise of their powers are binding on all, without exception, state organizations, public companies, officials, other legal entities and individuals. Demonstration of disrespect to the court or judges, non-observance of the conditions and decisions of the judges entail a certain responsibility for the law.

Requirements for judges

All judges have the same status. Some distinctive features are the legal status of judges of army (military) courts and judges of the Russian Constitutional Court. Since the position of judges is considered high, regardless of the structure of the court, they are presented with certain specific requirements and requests, which are prescribed in art. 119 CRF: "Only individuals who have Russian citizenship, who have reached the age of twenty-five years, who have higher education (necessarily legal) and work experience in accordance with the legal profession for at least 5 years, have the chances to be the judges".

Along with these constitutional conditions, a number of additional requirements have been determined by the legislation:

  • Judges must observe the structure of the court, they must follow the Constitution of the Russian Federation and other laws;
  • Judges in the exercise of their powers, as well as in off-duty relationships, should avoid anything that could diminish the authority of the judiciary, humiliate the judge or provoke a suspicion of his competence, objectivity, justice, responsibility.

Judges are prohibited from simultaneously being deputies, arbitrators, mediators, treating social and political parties and trends, implementing entrepreneurial activities, and combining the service in the position of a judge with other paid work so that the composition and structure of the court are not violated. However, there are exceptions. For example, judges are allowed to engage in scientific, teaching, writing and other creative work. The law also calls for the appointment of individuals to the post of judge who did not commit defamatory acts. Among other things, the applicant for the post of judge must pass the qualification state exam.

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