The Federal Law "On Justices of the Peace in the Russian Federation" of December 17, 1998, No. 188-FZ

World Judges are officials in regional instances of general jurisdiction. They refer to the first - the grassroots - the link of the system. . Their activities are regulated by the Federal Law of 17.12.1998 (188-FZ) . Let's consider its main provisions and amendments to the law in more detail.

International practice

World courts in most countries act as a court of first instance. Usually their employees are appointed by the Legislative Assembly of the region. World judges can also be chosen by the population. Their competence includes the management of criminal and civil processes, the examination of cases of administrative violations. In each country, the rights and duties of magistrates differ and are regulated by special laws.

Historical reference

For the first time, a world court appeared in England in the 15th century. In the 17th century it was introduced in North America, at the end of the 18th century. - in France. In post-revolutionary Russia, the world court is officially referred to in the Concept of System Reform. It was approved by the Supreme Soviet of the RSFSR on October 24. 1991 At that time it was assumed that the new institute would be divided into 2 categories. It was assumed that the system will be district (territorial) and specialized (penitentiary, investigative and other) courts. The first were to conduct criminal and civil proceedings, the examination of administrative cases. As for specialized courts, they had to function in cases where human rights and freedoms are at stake. However, this division was not subsequently formalized and put into practice.

Normative base

In December 1992, Law No. 4061-1 was adopted. They made additions to the Constitution in force at that time. In particular, at the official level, the Institute of Justices of the Peace was established. In Art. 164 of the Constitution provided for their election by the people of the district, within which jurisdiction is exercised, for five years. However, in practice, these provisions were not implemented. In the 1993 Constitution, there was no formal consolidation of the institution of magistrates. Subsequently, a special provision was made for the FKZ, which regulates the functioning of the system as a whole. In particular, it was established that the judges of the peace, within the limits of their competence, deal with criminal, administrative and civil cases as a first instance. Subsequently, a new normative act was approved. " стал базой для формирования структуры низшего звена системы. This Federal Law "On Justices of the Peace in the Russian Federation " has become the basis for the formation of the structure of the lower level of the system. A few years later, the establishment of instances was completed throughout the country. и прочих городов фед. Today there are judges of the world in Moscow and other cities fed. Values, as well as all areas, edges and other regions.

Modern realities

Today in Russia there is no such institution as a "world court", but there are separate world judges. Together with other officials authorized to handle cases, they are elements of a separate branch of government in the country. The order of work, authority, rules for creating posts are regulated by the Constitution and the FKZ. . Based on these normative acts adopted 188-FZ . In each region, regulatory acts are adopted that regulate the specific procedure for appointing officials to a representative body of government or electing them by the population. и прочих субъектов страны финансируются из госбюджета департаментом при ВС и его территориальными отделами в регионах. World judges of Moscow and other subjects of the country are financed from the state budget by the department of the Armed Forces and its territorial departments in the regions.

General characteristics of the Institute

устанавливает, что должностные лица выступают звеньями системы общей юрисдикции. The Law "On Justices of the Peace in the Russian Federation" establishes that officials act as links in the system of general jurisdiction. Their acts, which came into force, orders, instructions, demands, calls and other appeals are binding for all bodies of federal, regional, local significance, public associations, juridical bodies, without exception. Persons, employees, citizens. подлежит неукоснительной реализации на территории всей страны. The decision of the magistrate is subject to rigorous implementation throughout the country.

Status Guarantees

предусматривает неприкосновенность, социальную защиту должностных лиц и их родственников. The Law "On Justices of the Peace in the Russian Federation" provides for the inviolability, social protection of officials and their relatives. They are subject to all the guarantees established by regulatory enactments regulating their work. In the regions, additional forms of social protection and material support may be envisaged. For their implementation by the authorized bodies of the subjects, appropriate normative acts are adopted.

Competence

определяет перечень дел, подлежащих рассмотрению указанными лицами. The Law "On Justices of the Peace in the Russian Federation" defines the list of cases to be considered by the said persons. It includes criminal cases concerning crimes, the maximum penalty for which is not more than 2 years in prison. The competence of officials includes:

1. Disputes arising from family-legal relations. The exception is cases related to the establishment of paternity, the contestation of maternity / paternity, the deprivation of the rights of parents, adoption. The competence of officials includes cases on divorce, if there is no dispute between the citizens about the children.
2. Property disputes. In this case, the claim to the justice of the peace must have a value not exceeding 500 times the minimum wage established on the date of its submission.
3. Affairs arising from labor relations. The exception is the debate about reinstatement at work.
4. Deeds on the definition of rules for the use of land plots, structures and other immovable objects.
5. Disputes about the division of property, acquired jointly by the spouses.
6. The case for the issuance of an order (judicial).
7. Administrative offenses attributed to the competence of officials, in accordance with the Code of Administrative Offenses.

включает в компетенцию служащих рассмотрение дел по вновь открывшимся фактам в отношении вступивших в силу постановлений, принятых ими ранее по первой инстанции. In addition, the Law "On Justices of the Peace in the Russian Federation" includes in the competence of employees the examination of cases on newly discovered facts with regard to the enacted decisions that they adopted earlier at the first instance. The official resolves the disputes singly.

Sites

" предусматривает разделение субъекта на определенные территории. FZ "On Justices of the Peace in the Russian Federation " provides for the division of the subject into certain territories. Each site is assigned to a certain official. The number of territories and the total number of judges in the subject shall be established in accordance with the Federal Law on the initiative of the respective region agreed with the Armed Forces or at the suggestion of the Armed Forces, with the consent of the relevant province, region and so on. Creation and abolition of plots is carried out in accordance with the procedure established in regional regulatory enactments. Territories are formed from the calculation of the number of citizens in the range of 15-30 thousand people. Within the administrative units, the total population of which is less than 15 thousand, one site is created. The abolition of territory or the position of a justice of the peace is not allowed if the cases referred to its competence have not been transferred to the jurisdiction of another employee or authority.

Requirements

устанавливает определенные критерии для кандидатов на должность. FZ "On Justices of the Peace in the Russian Federation" establishes certain criteria for candidates for the position. The normative act stipulates that citizens can act as such persons:

1. Reached 25 years.
2. Have in / on (legal).
3. Worked in the legal sphere for at least 5 years.
4. Do not commit defamatory acts.
5. Those who passed the qualification exam and received the recommendations of the collegium of the corresponding region.

The last paragraph does not apply to persons who have experience as a federal judge for 5 liters.

Prohibitions

The Law "On Justices of the Peace in the Russian Federation" of 1998 does not allow the entry of officials into the composition of the deputy corps of the State Duma, to the bodies of state power or territorial self-government. Membership in political parties and movements, conducting business activity is forbidden. In accordance with the normative act, it is also not allowed to combine work as a world judge and other activities, except for teaching, scientific, literary and other creative work. The legal documents of the regional authorities may provide for additional requirements for officials.

Election / appointment

оно осуществляется представительным органом госвласти региона. In accordance with 188-FZ, it is carried out by the representative body of the state power of the region. The election / appointment of an official may be carried out by citizens residing in a section within his jurisdiction. The procedure for carrying out these procedures is established by a regulatory act of the authorized regional body.

Term of office

World judges are appointed / elected for the period provided for in regional legislation. At the same time, their term of office should not exceed 5 years. At the end of the session, the citizen who replaced the position can again nominate his candidacy. When reappointed / elected, the term of office is determined in accordance with the legislation of the subject.

Suspension / Termination of Authority

As a general rule, a citizen completes his activity as a justice of the peace at the end of the period established by the regulations. By decision of the qualification board, the powers of the person may be suspended. The grounds for this and the procedure is established in the Law on the Status of Judges.

Device

. Its function is to ensure the activity of justices of the peace . The staffing table and the structure of the apparatus are determined in accordance with the procedure established by regulatory enactments of the respective region. The employees are civil servants. On them, among other things, the relevant provisions of the Federal Law "On Public Service" apply.

Financing, material and technical equipment

Funds for the remuneration of world judges are allocated from the federal budget. Funding is received through the departmental bodies of the Armed Forces. Budgetary funds are also directed to social payments provided for by federal legislation. The official salary is 60% of the salary of the Chairman of the Armed Forces. World judges of Moscow and other cities fed. The values are 64%. Material and technical equipment is carried out by the judicial authorities or executive structures of the authority of the respective region in the manner determined by the regulatory acts of the entity.

Symbols of state power

The National Flag and the Coat of Arms of Russia are located in the meeting room. It is allowed to place the symbols of the corresponding region. In the conduct of proceedings, the magistrate should be clothed in a robe or have another distinctive sign indicating its status. The latter is provided for in the normative acts of the subject.

Legal Possibilities

: The following general rights of justices of the peace are fixed by industry normative acts:

1. To get acquainted with the documents that determine their status, duties, authorities, criteria for assessing the quality of their work, the conditions for the performance of their functions and promotion.
2. Receive, in accordance with the established procedure, information and materials necessary for the exercise of authority.
3. To issue resolutions and participate in their preparation, in accordance with official duties.

In addition, the magistrate has the right to:

1. Salary.
2. Annual leave (paid).
3. Severance pay.
4. Appointment and payment of a lifetime monthly maintenance.
5. Medical service.
6. Spa treatment.
7. Health / life insurance, as well as property.
8. Free pass.
9. Compensation of costs due to the need for hiring a living space.
10. Other rights.

A responsibility

Anyone, including a world judge, has a high status. He performs the most important function in the state system. In this regard, it is subject to increased demands. They concern not only the professional level of the employee, but also his moral and ethical qualities. The key provisions that determine the conduct of officials are set out in the Code of Judicial Ethics. Violations of these regulations are considered by the Qualification Board. This takes into account the circumstances under which this or that misconduct was committed. For a gross violation of the law, the provisions of the Code, the Qualification Board may impose a disciplinary penalty. It can be expressed in different forms. One of them is the termination of the powers of an employee. This measure of responsibility is considered the most stringent of all disciplinary sanctions. As an intermediate penalty is a reduction of the qualification class. The application of measures of responsibility in practice should help to strengthen order in the judiciary and ensure compliance with not only legal but also moral and ethical standards. Cases of allowing violations of regulations today are not uncommon. To increase the efficiency of work, to prevent and timely suppress such situations, it is necessary to fully use the internal control mechanisms in the system.

Challenging decisions

удовлетворяет всех участников процесса. Not always the decision of the world judge satisfies all the participants in the process. The dissenting party can challenge it. . For this, an appeal against the decision of the magistrate is drawn up. It shall be submitted no later than one month after the effective date of the disputed act in the final form. A complaint should be filed through the judge who issued the ruling. At the same time, she is addressed to the district authority. The complaint must comply with the general requirements for such documents. In it you must specify:

1. The name of the authority to which the document is addressed.
2. Information about the applicant.
3. Number of the contested decision, information about the judge who issued it.
4. Facts and arguments with references to normative acts.
5. A request for the revocation of the order.

The application is allowed to attach documents that justify the position of the dissenting participant. At the same time, the reasons for which the materials were not provided to the judge earlier should be indicated in the complaint text. A receipt is also attached to the application, confirming payment of the state duty.

Additionally

The legislative act under consideration came into effect from the date of its publication in official sources. In addition, the provisions of the document establish that before the election / appointment of citizens to the relevant posts, cases relating to the competence of the lowest level of the system are dealt with by the district authorities.

Amendments

In 2010, amendments were introduced to the Law "On Justices of the Peace in the Russian Federation". нормативного акта была утверждена Д. Медведевым, занимавшим пост Президента. The last version of the normative act was approved by D. Medvedev, who held the post of President. In it was, in particular, amended paragraph 1 of Art. 3. In the sub. 4 the price of the claim was changed to 50 thousand rubles., In the sub. 5 cases were added on the restriction of the rights of parents, disputes about children, recognition of the invalidity of marriage. In the sub. 6, instructions were made to exclude from inheritance disputes cases of inheritance and arising from relations related to the creation and use of the results of intellectual work, and the cost of claims was set at a rate of not more than 50 thousand rubles. Separately, it was said about the materials of civil proceedings, which were before the officials before the amendments came into force. In particular, the cases were mentioned that the Law "On Justices of the Peace in the Russian Federation" (with the latest amendments) referred to the jurisdiction of the district authorities, in accordance with sub. 4-6 p. 1 tbsp. 3 and p. 3-5 parts 1 of Art. 23 of the Civil Code. These materials remain under consideration of the lowest link of the system.