What matters does the world court consider? In Russia, a multi-level judicial system is built, and world justice occupies an important place in it. What tasks do they perform and what does the trial process look like in these courts? Are there any restrictions?
Who are the justices of the peace
Before you find out what cases the world court considers, it is worth analyzing its features. It is part of the judicial system of the Russian Federation. At the same time, the status of a justice of the peace has some differences, which is emphasized by the adoption of separate relevant laws at the federal and regional levels.
They are appointed by the representative bodies of the entities. It is allowed to organize their appointment through elections, but so far they have not used this norm in any region.
The justice of the peace is appointed for a 5-year term, and his powers are terminated if he is refused to be re-elected. He has a chance to work out his entire judicial career in a world position (it is enough to work out 4 terms to get the right to a pension). However, these judges have lower remuneration than their colleagues from district courts (about 3 times). For many, a world court is the first step to moving to a district court and then to higher authorities.
Boundaries of authority
In district (city) courts, a peculiar system of division of labor is used. Some judges deal with criminal cases and consider administrative materials, others resolve civil disputes, and also consider administrative claims. Among the two groups, there is also an internal specialization.
What matters does the world court consider? His competence includes all types of industries. At the same time, the list of cases falling within their competence is strictly limited to the procedural codes.
If the case contains a dispute or other matter considered by the district court, then the materials are transferred to the district. The same rule applies to criminal cases.
Civil court cases
There are two criteria that determine in which court the dispute is to be considered. The first of these is a direct indication in the law:
- issuance of a court order;
- cases of termination of marriage in the absence of a dispute about common children;
- division of the common property of spouses at a price of up to 50 thousand rubles;
- other family matters, except for the disputes indicated below;
- disputes about the use of property.
The following exceptions from competence are allowed: cases of contesting paternity, motherhood, their establishment, deprivation and restriction of parental rights, contesting the legality of marriage, and children. Inheritance cases and disputes related to the creation and use of intellectual property are not considered.
To what amount does a magistrate court consider cases? The law set the bar at 50 thousand rubles. True, one exception is provided, which is described in more detail below in the article.
Order production
An order is a judicial act issued on the basis of an application and documents attached to it. In civil cases, a judge considers applications for an order if the amount of claims does not exceed 500 thousand rubles. Claims that exceed the bar are automatically considered in the district court without first applying for an order within the framework of the lawsuit.
Administrative affairs
Are administrative cases pending before a magistrate? According to the provisions of CAS, its competence includes only the issuance of a court order (for example, to recover tax payments). All other cases are referred to district courts.
Administrative materials
This is the name of the cases brought under the articles of the Code of Administrative Offenses. Some cases are examined on the merits of justices of the peace. For example, related to violation of the rules of the road, legislation on rallies, etc. The code clearly defines the articles subordinate to justices of the peace.
Features of production and appeal
The lawsuit is filed according to the same rules as in the district court. The only difference is the preparation of the motivation part. For justices of the peace, drafting this part of the decision is mandatory provided that there is a statement from the party or an appeal.
A person present at the meeting shall submit an application no later than 3 days later, absent person - no later than 15 days later.
The time period for appealing a decision is one month from the date the full decision is made. If it was not drawn up, the countdown begins on the day after the proclamation of the operative part.
Orders are canceled by writing a statement of disagreement with them within 10 days of receipt. By orders issued under CAS, paper is served within 20 days.
Decisions on administrative materials are appealed no later than 10 days after receiving a copy in their hands.
All complaints are submitted to the court that issued the final decision (the application indicates the district court to which it is sent).
Criminal Proceedings
The CPC has a section on the consideration of cases by justices of the peace; the law lists in a separate article which ones. The episode to be considered by the magistrates' court is segregated if it is permissible without prejudice to justice.
What criminal cases does a magistrate court hear? A fair portion of them are private prosecution cases. Their peculiarity is in the absence of a preliminary investigation. The local police inspector or operative refuses to initiate proceedings and clarifies the right to appeal directly to the magistrate's court.
The prosecutor has the right to direct the case of a private prosecution to a preliminary investigation. Reasons: helplessness of the victim and the special status of the accused (for example, a member of the Federation Council).
The party of the prosecution (the victim with the participation of a lawyer or prosecutor) submits an application to the accused with his own data and a description of the committed act, as well as witnesses. The application may indicate requests for the reclamation of documents, the appointment of an examination, and other measures to clarify the circumstances of the case.
The judge has several options:
- take business to production;
- return materials to correct deficiencies in the preparation;
- return the materials to the head of the body of inquiry or investigation.
The judge takes measures to reconcile the participants in the process. If it is not achieved, after reviewing the materials, a sentence is issued.
The parties, witnesses are called, an examination is appointed (for example, in case of beating on the basis of an inspection certificate in a medical organization). The judge announces the verdict after it has been completed in the general manner. An appeal is given 10 days from the date of publication of the document.
Cases in which an investigation is being conducted are also considered, but the maximum sentence for them is no more than 3 years.
The value of magistrates
According to official statistics, they account for about a third of cases and materials from the whole mass that go to the courts. What matters does the world court consider? They are insignificant in amounts. There is no real dispute or its resolution does not cause serious difficulties.
Serious concerns among judges in this category are caused by the need to correctly and timely execute all documents. Indeed, even the preparation of one case (albeit a standard one) takes some time.
No one hides that the task of the justices of the peace includes, first of all, the liberation of the district from a huge mass of simple cases.
Finally
Justices of the peace have a slightly different status; their appointment is temporary (5 years) with the right to reappointment.In their field of activity is the consideration of civil, administrative, criminal cases and administrative materials that differ in mass character. For example, divorces and division of property, at a price not exceeding 50 thousand rubles.
In general courts, they are the only ones who issue orders. It is allowed to recover amounts up to 500 thousand rubles.
Criminal cases are considered in a somewhat simplified form, reminiscent of a lawsuit.
Justices of the peace almost never imprison. The maximum term of imprisonment that they are entitled to appoint is 3 years.