LawState and Law

Supreme Court of the Russian Federation

The Supreme Court of the Russian Federation, according to the current Constitution, is considered the supreme body of the court.

In the constitutions of virtually all countries of the world, there is a chapter on judicial power, which is one of the components of the state power, which directly affects the freedoms and rights of people.

Until 1991, the Russian judicial system included only the courts of general jurisdiction. In their competence were all civil, including family, labor, housing, etc., as well as criminal and administrative cases.

The Supreme Court of the Russian Federation, formerly the Supreme Court of the RSFSR, has existed since the Soviet times, since 1922. It was created as an organ that must exercise control over all existing courts, both in the administrative sense of the concept and in the procedural. He examined the cassation and supervisory complaints of any cases that went through the courts.

In addition, he had an independent competence of the first instance, gave explanations on judicial practice, which were binding on all lower courts.

The structure of this supreme body provides for the Plenum and the Presidium, the Kassatsionnaya Board, two Judicial Colleges, dealing with criminal or civil cases, respectively, as well as the Military Collegium with its judicial staffs.

His work is provided by the apparatus of the Supreme Court - the department.

According to the current Constitution, the proceedings and proceedings in all courts of our state, including the Supreme Court, are carried out in the state - Russian language.

Today, the Supreme Court of the Russian Federation acts simultaneously in three procedural independent qualities, doing this in accordance with the constitutional concept of "oversight" of the definitions of courts of general jurisdictions:

1. First, he considers the decisions as a second instance of the court - cassation - regarding those sentences that were pronounced in the courts of the subject level, but have not yet entered into legal force.

2. The Supreme Court of the Russian Federation is intended to carry out consideration of cases on the order of judicial supervision with regard to the already effective sentence of any federal court.

3. In certain cases, he can act as a court of first instance. For example, a federal judge against whom a criminal case has been instituted has the right to request that he be heard by the Supreme Court of Russia. This court also has the right to check complaints from citizens related to the violation of their electoral rights during the presidential and Duma elections, as well as decisions challenging non-normative legal acts of the President or the Federal Assembly or relevant colleges on the removal of judges from office.

The decision of the Supreme Court of the Russian Federation is made after careful examination of the appealed judicial decision on the basis of the conclusions made on the result of the consideration of the submission or complaint. It necessarily indicates the reasons for which the relevant decision was made, as well as a reference to those laws by which the given judicial body was guided.

The powers of the supreme court body are also included in the resolution of disputable cases, which are transferred from the President of Russia and concern the bodies of state power of our country and its subjects.

If previously the case was not considered in the Supreme Court, then this will be done by the collegium of this body, if the precedent has already been, it is submitted to the Presidium meeting, which has the right to cancel the decision adopted earlier, sending it for additional consideration, and leave a supervisory complaint Without satisfaction.

The court procedure as a court of first instance in the civil or administrative case is carried out solely (by one judge) and collegially (in the number of three judges) or by one judge together with the jury - at the hearing of the criminal case.

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