Jurisdiction of magistrates in civil matters

The module of jurisdiction of justices of the peace determines the competence of persons of specific bodies of general jurisdiction authorized to consider and resolve disputes between individuals in the first instance. It is necessary to clearly understand its difference from jurisdiction. Let us further examine how the jurisdiction of magistrates in civil matters is established and what happens.

Terminology

The jurisdiction of magistrates of the Moscow region, as well as other constituent entities of the Russian Federation, is a special procedural institution. Its norms regulate the delimitation in competence between specific instances of the system. This jurisdiction differs from jurisdiction. The latter regulates the attribution of disputes to various law enforcement agencies authorized specifically for their resolution. Jurisdiction of the world judges of Moscow - a system for the distribution of cases to be considered in the first instance between these authorized bodies. Simply put, this is the establishment of a specific authority in which the dispute will be resolved. The jurisdiction of magistrates of St. Petersburg or another city implies the power (competence) of one or another court to make a decision on the case. In addition, this concept also provides for the obligation of interested parties to submit to this authority.

There is another explanation of this term. So, jurisdiction is the relevance of cases under the jurisdiction of the courts to a specific instance. The norms that govern this process form an independent legal institution. It is of particular importance in the practical activities of the authorities.

System elements

The structure of bodies of general jurisdiction includes the courts of:

1. Military and specialized.
2. Armed Forces of the Russian Federation.
3. Autonomous regions and districts.
4. Krai, republics, constituent entities of the Russian Federation.
5. Cities of federal significance.
6. Federal district.
7. Worldwide.

In connection with this amount of resolution of the issue of the appointment of a specific authority is of some difficulty. First of all, it is due to the "instanced" bodies from the lowest (justices of the peace) to the very last link (Armed Forces of the Russian Federation) vertically. In addition, there is a territorial issue. In the latter case, we are talking about space, the area where the organ is located at a particular level. In this regard, in the legal doctrine distinguish jurisdiction (subject) and territorial (spatial). Consider them.

Jurisdiction of affairs

A magistrate can only consider disputes that are determined by law. This lower link of the system was formed not only with the aim of a certain way to reduce the load on the regional authorities. Its creation made it possible to bring the court closer to the population to a certain extent, so that people know their judges, and the latter, in turn, their own area. “Subjectivity” is established in Art. 23 GIC. The jurisdiction of magistrates includes proceedings:

1. About issuing an order.
2. On the division of property acquired together between spouses, regardless of the price of the claim.
3. About divorce in the absence of a dispute about children.
4. Other matters arising from family law relationships, except for contesting / establishing motherhood (paternity), deprivation of parental right, adoption / adoption.
5. In property disputes, if the price of the claim is not more than 500 minimum wages, as determined by the Federal Law on the date of filing the application.
6. In labor disputes, except recovery at work and resolving collective conflicts.
7. On determining the procedure in accordance with which the use of property will be carried out.

This is an exhaustive list according to which the jurisdiction of magistrates in civil matters is determined.

Important point

If one application contains more than one claim, some of which are under the jurisdiction of the world, and others - to the district court, then the claim is subject to consideration by the last authority. Disputes between authorities are not allowed. This means that if a magistrate's court sends the case to a district court, the latter is obliged to consider it on the merits and cannot return it back.

Spatial distribution

The module of jurisdiction of justices of the peace allows to differentiate proceedings between instances of the same level horizontally. In other words, distribution takes place in a space in which jurisdictional activity is distributed. As a general rule, the jurisdiction of magistrates at the address of the defendant is established. The place where a person predominantly or permanently resides is recognized as him. This provision is recorded in Art. 20 GK. The place of residence of minors who have not reached the age of 14, or of persons who are under guardianship, is the address of their representatives. They are, respectively, parents, guardians or adoptive parents.

For an individual in practice, the place of residence is determined by his registration (registration). The place of serving the sentence, including the pre-trial detention center, is not considered an address. If the defendant is a legal entity, its location is established on the territory of registration. This provision is defined by Art. 54 Civil Code. In this case, the constituent documentation may indicate a different location. In such cases, the address is set at the location of the legal entity. The location (residence) of the defendant is indicated by the plaintiff.

Magistrates of Moscow: territorial jurisdiction, classification

The spatial distribution can be of several types.

1. Exceptional. Such jurisdiction of magistrates of the city of Moscow establishes the range of proceedings carried out in the instances directly specified in the law.
2. Alternative (at the choice of the plaintiff). It is distinguished by the fact that in cases provided for by law, the applicant may apply not only at the location / place of residence of the defendant, but also to another authority at his discretion. In this case, only the plaintiff has the right to choose.
3. In connection with the affairs. This jurisdiction of justices of the peace is provided for in Art. 31 GIC. It lies in the fact that, regardless of the place of the dispute, it must be resolved in the instance in which the proceedings are proceeding on another issue related to it.
4. Negotiated. Such territorial jurisdiction of magistrates of Moscow is established in accordance with the agreement of the parties.

Alternative distribution

The territorial jurisdiction of magistrates of Moscow of this type is established in Art. 29 GIC. According to the norm, the lawsuit:

1. A defendant who does not have a place of residence in the Russian Federation (or it is not established) may be filed by finding his property. The applicant can also contact the court at the last known address.
2. An organization may be presented at the location of this unit based on the activities of its representative office or branch.
3. The recognition of paternity and the establishment of alimony may be sent to the authority at the place where the plaintiff lives.
4. Dissolution of marriage is also allowed to be submitted to the applicant's address if a minor is under his care. The law also permits the submission of claims to the court at the location of the plaintiff, if due to health reasons he cannot leave the territory of the defendant.
5. Compensation for damage caused by mutilation, other damage or in connection with the death of the breadwinner may be sent to the plaintiff or the damage.
6. On the restoration of housing, pension, labor rights, the return of material assets or their value relating to compensation for losses caused to an individual by his unlawful conviction, prosecution under the Criminal Code, detention, taking recognizance not to leave or unlawful imposition of an administrative penalty on him in the form of arrest, it is allowed to present at his place of residence.
7. On the protection of consumer rights may be sent to the address of the plaintiff's place of residence or the conclusion or execution of the contract.
8. It is allowed to send about compensation for damage caused by a collision of ships, recovery of remuneration for assistance and rescue rendered at sea upon finding the ship or port of registry.
9. Derived from the contract, in which its performance is indicated, it is sent to the place of fulfillment of its conditions.

Within the meaning of Art. 29 of the list is considered exhaustive. In practice, the plaintiff, choosing a court, prefers the place where there is more evidence in the dispute.

Exceptional Separation

In Art. 30 is a list of objects of law in respect of which disputes arising are subject to consideration in the bodies cited in this article. The rules that establish the exclusive territorial jurisdiction of justices of the peace prohibit the parties to choose an instance under an agreement. In this way:

1. The claim for the right to land, a separate water body, a subsoil plot, forest, perennial plantings, a building, including non-residential and residential, building, premises, construction, other structures, firmly connected with the area, as well as the removal of the arrest from the property is sent to authority at their location.
2. Applications of creditors of the testator, which are presented before the acceptance of the inheritance, are considered by the authority at the place of opening of the succession.
3. A lawsuit against the carrier proceeding from the relevant contract is sent to the court located at the location of the defendant, to which the claim was submitted in accordance with the procedure established by law.

Explanation

The exclusive territorial jurisdiction of judicial sections of magistrates in many cases is determined by the fact that, as a rule, most of the evidence of its legal status is located at the location of the property. That is, for example, in relation to an apartment, house, land, registration, inventory and other necessary procedures are carried out directly where the objects are located. This circumstance, through which the jurisdiction of the justices of the peace is established, ensures the objectivity and speed of resolution of the dispute.

Inheritance lawsuits

Applications of creditors may be sent to the heirs only during the period during which the case is open (6 months) and not accepted by the successors. If the property of the deceased has already passed to them, then claims are filed at their place of residence. In Art. 1115 CC established that the opening of the inheritance is carried out in the territory where the testator lived in the last time before death. If this place is unknown or is not located in the Russian Federation, then the procedure is carried out where the property of the deceased is located. If it is located in different places, then the inheritance is opened in each of them or where the most valuable part of the property is present. Value is set at market value.

Contractual allocation

The ability of participants, by agreement, to determine the jurisdiction of justices of the peace provides a better realization of their interests. The law, however, limits such an opportunity. Under the agreement, it is impossible to change the exclusive and subject (generic) jurisdiction. There is no direct provision in the Code of Civil Procedure regarding the form of agreement. If the parties to the dispute are legal entities, it is written in writing. The agreement may act as an independent document or be included as a separate clause in the main contract.

Claim arising from criminal proceedings

If civil proceedings have not been started or the dispute has not been resolved, then the claim shall be submitted in accordance with the rules established in the Code of Civil Procedure. A claim of a third party with independent claims on the subject of consideration is sent and disassembled to the authority in which the conflict between the defendant and the plaintiff is resolved on the same subject.

Material transfer

The general rule for this procedure is established in Art. 33 GIC.In accordance with it, the authority, which accepted the case for proceeding in accordance with the jurisdiction order, must resolve it on the merits, even if it subsequently goes to another authorized body for consideration. The procedural law provides for the transfer of materials. Directly during the consideration or after the adoption of the claim, certain circumstances may appear that will indicate that this case is more appropriate or must be sent to another court.

Grounds for the transfer of production

They are installed in Art. 33 GIC. In accordance with it, the territorial jurisdiction of justices of the peace is established as follows:

1. If the defendant, whose place of residence was not previously known, will file a motion to transfer the proceedings to the authority located at his time.
2. In cases where both parties are asked to consider the materials where most of the evidence can be gathered.
3. If during the trial the court found a violation of the rules of jurisdiction.
4. In cases where, after the removal of officials authorized for consideration, their replacement or production in this instance is impossible.

The wordings indicated indicate that the materials are submitted by the court that accepted them for consideration, and only on the last ground the case is transferred by a higher authority.

Procedure specifics

According to the direct action of Art. 47 (part 1) of the Constitution, no one may be deprived of the right to a dispute in that instance and by that official to whose competence he belongs. In practice, a violation of jurisdiction acts as the basis for the cancellation of adopted acts and the submission of materials for new consideration. Translation of proceedings is carried out by court ruling. This act may be appealed privately. The actual transfer of materials is done at the end of the time period to challenge the relevant determination. If the complaint was filed, then the transfer is carried out after the adoption of the decision to leave the claim unsatisfied.

Part 4 of Art. 33 of the Code of Civil Procedure, a rule is established according to which materials sent from one instance to another must be adopted by the body that received them. The use of such wording in the law means that the court is obliged to accept the case, even if it was sent by mistake. This rule is confirmed by a direct indication of the law, which does not allow disputes over jurisdiction. Thus, materials can be transferred to another authority once.

Conclusion

The norms provide direct indications of the jurisdiction of justices of the peace. Describing this process with respect to district authorities, the legislator uses the exclusion method. The procedure has also been established in accordance with which cases stipulated by the Federal Law are examined by military or other specialized courts. These rules are provided for in Art. 25 GIC. Military courts hear cases that arise from administrative and civil legal relations regarding the protection of disputed or violated interests, legal rights, freedoms of the Armed Forces and other troops, units, citizens, bodies from inaction / actions of authorized authorities, officials and decisions made by them.

It should be noted here that the spatial distribution in this case is not provided for in the law. In this regard, the rule of jurisdiction under Part 2 of Art. 254 GIC. According to him, complaints and lawsuits are filed at the place where the military command body is located or the serviceman lives. Other specialized courts in the Russian Federation are not provided. However, the issue of forming administrative instances is discussed in the State Duma. In general, the issues of territorial and subject-matter jurisdiction of world, regional, provincial, subject, specialized and other courts are clearly spelled out in the law.Moreover, the norms make it possible in some cases to choose an authorized authority.