In order for all the legal foundations of the country to bring the desired result, each state body must accurately fulfill the responsibilities that were assigned to it. Moreover, this should be done only within the framework of the powers granted, without attempting to invade the work of other bodies. Jurisdiction is one of the tools, the use of which ensures the implementation of this principle.
The essence of the concept
When it comes to various public organizations and government bodies, one of the main criteria for their work is to determine the types of civil processes that are relevant to them. Jurisdiction is that element of the consideration of the civil process that fulfills the task of identifying the current range of cases for a particular body. This is an effective way of delimiting jurisdictions, which has repeatedly proved its relevance.
As an example, litigation. Before accepting a case for proceedings, each court must, first of all, check whether the law refers the consideration of a specific situation to the jurisdiction of other bodies. Such a check can be called the definition of jurisdiction.
The facets of this legal phenomenon
In order to fully understand the essence of the process of determining competence in civil matters, it is worth paying attention to various areas of activity, which include the concept and types of jurisdiction.
Initially, you need to understand that such a process will correctly be attributed to exclusively derivative legal facts. When it comes to choosing a jurisdiction in a particular case, the decision is made on the basis of information of legal importance.
The jurisdiction to any bodies is established by various legal acts and laws, in which the general rules are fixed, as well as exceptions to them. It is with their help that, in each specific case, the issue is resolved as to which body will be involved in the case (executive, judicial power, etc.).
Jurisdiction criteria also include the following elements:
- Subject composition (those who take part in the dispute).
- The nature of the controversial relationship. Here we are talking about the basic mutual relations of the subjects in the framework of the disputed material legal relationship.
- The presence of an agreement concluded by both parties to the dispute.
- The controversy of law or its indisputability.
- Another criterion is the nature of the legal act. In this case, we mean a definition of a non-normative or normative nature.
- It is important to determine the authority that has adopted the above-mentioned act. It makes sense to talk about the whole structure, that is, all authorities involved in the adoption of the document.
The set of principles does not end there. In other words, depending on the situation, it is possible to use additional criteria in the legislation that can effectively distinguish between areas of competence.
Types of civil jurisdiction
Depending on the fact which body will be involved in a particular case, the process of identifying relevant jurisdiction can be divided into several areas:
- jurisdiction of affairs to public organizations (this includes the competence of exchange commissions, arbitration courts, etc.)
- judicial (arbitration or general);
- administrative
This distinction in the process of determining the right body to work with a specific case does not end there.
Multiple jurisdiction
If we continue to talk about such a process as the delimitation of jurisdiction, it is worth noting that the definition of jurisdiction can also be divided into exclusive and plural. The second deserves more attention, since it has several types:
- Imperative. This term is used to describe those cases that are considered by several authorities, but at the same time in the order specified by law. An example is the previous procedure for considering labor disputes: they were initially dealt with by the relevant commissions and only then by the courts, moreover, on appeal. But modern shopping mall allows individuals to appeal to the court initially, without touching the labor dispute committee.
- Contractual jurisdiction. This is nothing but the definition of a jurisdictional body through the agreement of the parties involved.
- Mixed. In this case, it makes sense to talk about a combination of imperative and alternative types of definition of competence. In other words, the person initiating the dispute may decide that several authorities consider his case. But even after a final decision is made within the chosen jurisdiction, there is always the possibility of appeal in court.
- Alternative. This refers to the possibility of determining a specific body by a person who intends to receive protection of his own rights. Previously, the essence of such a right was reduced to allowing a choice between an arbitration court and a general jurisdiction (only in certain types of cases). But due to the updating of the procedural code and the introduction of clearer principles for determining the current competence, this type of jurisdiction has practically exhausted itself.
What are the errors
It should be understood that violation of jurisdiction is a rather serious problem. The law defines the mechanisms of these processes in such a way that in case of a wrong choice of the jurisdiction body, the whole case can be canceled.
This means that all the efforts that were made before the violation was detected are virtually nil. But a similar reaction is possible at the very beginning of the process. For example, if a dispute initiated by specific citizens does not fall within the competence of the court, then the statement of claim will not initially be accepted at the discussion stage. In any case, it should be so. The result will be a transfer of jurisdiction, which will complete the case in full compliance with the requirements of the law.
If the error was recorded in the process of conducting business, then this will be enough to stop the process.
Court jurisdiction and jurisdiction
Initially, any procedures for determining judicial competence can be divided into several types:
- Alternative jurisdiction. This refers to the possibility of considering civil cases in various jurisdictional bodies, and not just in court;
- Exceptional. In this case, we are talking about checking civil cases, which ultimately excludes the possibility of going anywhere other than the court in order to protect our own rights.
- Contractual jurisdiction is the process of determining competence, which is based on the agreement of the parties that the case can be considered in arbitration.
- Conditional. This process requires an out-of-court settlement of a dispute before a formal hearing is initiated.
The distinction, as you can see, is quite competent, which allows you to quickly determine the relevant authority for a particular process.
What matters does the court consider?
Bearing in mind that jurisdiction is, in fact, the definition of the most suitable jurisdiction, it makes sense to consider situations where citizens should apply specifically to the judiciary.
If we pay attention to the legislation, we can distinguish the following types of cases:
- Disputes that arose due to labor, family and civil relations. At the same time, at least one of the participants must be a citizen.
- Cases that are based on Art. 231 Code of Civil Procedure are considered judicial competence, although they are the result of administrative legal relations.
- Proceedings relating to disputes that arose on the basis of contracts for the delivery of goods by direct air and rail links between various companies, enterprises on the one hand, and air and railway transport authorities on the other. Such disputes arise, as a rule, from international agreements.
- Fixed in Art. 245 GIC cases of special production.
In some cases, the courts may consider other types of disputes, which were reflected in the legislation of the Russian Federation.
Change of jurisdiction
If we consider the situation within the judicial branch of government, it is worth noting that in the case when it was found that the dispute between the competence of the selected court was inconsistent, the transfer of the case to another body will not occur. That is, if a case in its type belongs to the jurisdiction of another judicial body, it will remain before the former.
The change of jurisdiction in this case is possible only with a mistake, according to the second part of Art. 33 GIC. Moreover, it is allowed to file a private complaint in order to transfer the case to another court or to receive a refusal to transfer. But if a redirect was made, the process should continue in any case. At the same time, legislation does not allow initiating disputes over jurisdiction.
Relevance of judicial jurisdiction
Obviously, the rights of ordinary citizens need to be protected, and reliable. It is modern legal proceedings and performs such a function. Moreover, citizens can rely on competent and objective trials not only in the cases described in Art. 25 Code of Civil Procedure, but also in any conflict situations. We are talking about the violation of freedoms and rights as a result of the actions of any governing bodies and state authorities, organizations and individuals.
Therefore, in the process of determining judicial competence, regardless of the fact of which legal relationship caused the dispute, an individual can count on the consideration of the case. In the absence of a different procedure established by law, the freedom and right of any citizen shall be subject to judicial protection.
Possible exceptions
There are not so many cases that are not under the jurisdiction of the court. An example is almost all collective labor disputes between a trade union or employees of an enterprise and the administration of a company. Such cases are not subject to judicial jurisdiction and are subject to special consideration.
If we consider individual labor processes, then in this case the courts cannot resolve disputes of senior officials who have been elected, appointed or approved to their position by the supreme body of the Russian Federation or state power. Prosecutors, judges, as well as their deputies and assistants, fall into this exclusive category.
Summary
Having examined the system of separation of competences between different bodies, it can be argued that the methods for determining jurisdiction are quite practical. Nevertheless, in order to avoid misunderstandings during the settlement of disputes, it makes sense to carefully study the principles described above and the exceptions indicated in the law.
