The concept of tribal jurisdiction of cases is determined by their specificity. As part of civil and arbitration proceedings each case should be considered at a certain level of the judicial branch, since all cases are of a different nature of complexity. In this connection, the concept of jurisdiction of a case arises for a certain link in the judicial system.
In simple terms, tribal jurisdiction is determined by the judicial authority in which the case must be examined in the first instance. This characteristic, in fact, is a criterion of competence and a regulator of the load on the court. Jurisdiction depends on the nature of the case, its significance and character.
Jurisdiction by cause in civil proceedings
The Civil Procedure Code of the Russian Federation normatively defines the concept of clan and territorial affiliation of a case to a particular judicial body. The judicial system of Russia has a complex multi-level structure.
The highest judicial authority is the Supreme Court, which reports to the federal district courts, regional judicial authorities, and justices of the peace.
In the Code of Civil Procedure of the Russian Federation patrimonial jurisdiction, its types and rules are reduced to the fact that the vast majority of cases are considered by district courts. Moreover, in the Constitution of the Russian Federation in the first part of Article No. 47 it is stated that the case should be considered only in that court, which is defined by law, and no one is authorized to challenge this fact.
Types of Cases before World Courts
In order to slightly dissipate the flow of civil cases going to the district courts, the institution of magistrate was founded. The purpose of the functioning of the magistrates' court is not only to reduce the burden on the district judicial authorities, but also to bring the institution of the court closer to the population. People should know their judge by sight.
As part of the civil process, the justice of the peace reviews and resolves household cases that are not particularly difficult. These include:
- Cases for the issuance of court orders.
- Peaceful divorce proceedings, including the division of property. If the spouses have a dispute over the children, the case falls outside the jurisdiction of the justice of the peace.
- Other matters relating to the settlement of family law disputes.
The Magistrates Court does not deal with cases of establishing parental relations or claims for depriving parents of their rights to a child.
The tribal jurisdiction of cases considered by the justice of the peace also has the character of property disputes with a claim price of not more than 500 minimum wages as of the date of filing the claim. Statements regarding labor relations, with the exception of cases of reinstatement and conflicts in labor collectives, are also considered by a magistrate's court.
Sometimes the courts get cases whose jurisdiction is controversial. Tribal jurisdiction in a civil proceeding can be assigned to a justice of the peace and at the same time to a district judicial authority. In this case, the law regulates the transfer of such a case to a district court. The justice of the peace sends the case to the district authority without the possibility of returning documents.
Cases of the Supreme Courts of the Republics, Regional, Regional and City Courts
The tribal jurisdiction of the Republican Supreme Courts, courts of cities of federal significance, regional and regional courts is divided into:
- cases related to violations of state secrets;
- contesting normative acts of state authorities of the Russian Federation that affect the interests of citizens;
- suspension of activities of local political parties, regional public or religious organizations;
- decisions of the election bodies of the constituent entities of the Russian Federation on elections to government bodies, with the exception of those decisions that do not contradict the conclusions of subordinate bodies.
According to Russian law, the tribal jurisdiction of civil cases for district courts is based on the principle of exclusion. All cases that did not fall within the jurisdiction of any of the higher courts go to the local district authorities.
Cases before the Supreme Court of the Russian Federation
Cases before the Supreme Court of the Russian Federation have a specific tribal jurisdiction; its types are listed below.
- Questions of the legality of non-normative and normative legal acts issued by the President of the Russian Federation, the Government of the Russian Federation. These acts affect the interests and rights of Russian citizens.
- The validity of the decisions on the activities of judges.
- Suspension of the work of political parties, public associations, centralized religious organizations at the country or international level.
- Claims on the legality of making decisions of the Central Election Commission of the Russian Federation (as well as questions of the dissolution of the commission). Those decisions that uphold the decisions of lower-level electoral entities are not considered.
- Disputes between federal government bodies and regional government offices. The consideration of these cases is regulated by Article 85 of the Constitution of the Russian Federation.
Gender jurisdiction in a civil process can be changed by federal law, according to which other cases can be attributed to the jurisdiction of the highest judicial authority. In some cases, a case may be referred to a military court, a labor dispute committee, or other body. In this case, it will not be about jurisdiction, but about jurisdiction.
The activities of military courts
The issues resolved in these departments relate to claims of the military personnel of the Russian Federation against the actions of military bodies and representatives of these departments.
In order to correctly determine the jurisdiction of a case, it is necessary to identify the subjective composition of the process, that is, to understand who is suing. Cases considered by a military court relate only to the participation of a military serviceman and official from a military institution and are related to military service. Disputes between the military are not considered.
A serviceman who has been dismissed from the service may file a claim with the military court regarding the legality of the actions of the military command.
The highest body is the Military Collegium. The Office has jurisdiction in cases relating to disputes on non-normative acts issued by representatives of the highest authorities of the Russian Federation, in which violations are found rights of military personnel. At a lower level are the district military courts, which have jurisdiction over cases involving the leakage of information on state secrets. The lower echelon is represented by garrison military courts, which decide all cases that are not under the jurisdiction of higher authorities.
As for the territorial affiliation of such cases, the law of the Russian Federation does not currently regulate the question of where exactly the application should be submitted. A serviceman may file a claim with a territorial court at the location of the military authority, and filing documents with the court at the place of registration of the military is also permissible.
Territorial jurisdiction
All of the above is characterized by tribal jurisdiction of the case. The meaning of territorial jurisdiction is the distribution of all courts cases on a territorial basis. Each judicial branch has its own territorial jurisdiction.
The Code of Civil Procedure clearly defines the types of territorial jurisdiction.They depend on the place of registration of the parties, the nature of the dispute, the agreement of the parties, and the interconnectedness of the cases.
Varieties of territorial jurisdiction
There are several criteria by which cases are distributed by one or another territorial authority. There are jurisdictions:
- general;
- alternative, according to which, at the choice of the party filing the claim, the case can be considered in several courts specified in the law;
- contractual;
- exceptional, when the case should be considered in only one court;
- related jurisdiction when a case is assigned to a court in which a consideration of another case related to it takes place.
Tribal jurisdiction in the arbitration process
Cases related to arbitration, for the most part, are disputes affecting the business of organizations. The tribal jurisdiction of cases to arbitration courts, along with the territorial affiliation of the case to one or another court, has a clearly regulated base.
The law defines the cases that should be considered by the Supreme Arbitration Court of the Russian Federation.
- Disputes about the legality of normative presidential and governmental legal acts in which the rights of an entrepreneur are affected. Claims for similar non-regulatory acts are also being considered.
- Economic disputes character between the Russian Federation and regions, disputes between the subjects of the Russian Federation.
The remaining cases that are not related to issues of state scale are referred to the arbitration courts of regions, cities, regions, districts.
Territorial jurisdiction of arbitration cases
According to Article 35 of the Code of Arbitration, arbitration cases of general jurisdiction are subject to consideration at the place of registration of the respondent company. All arbitration courts of Russia have clearly defined territorial boundaries on which legal entities are registered.
Claims for bankruptcy of companies must be submitted to the courts at the place of registration of the debtor or the location of its property.
If a class action is filed, and the defendants are far from each other, the documents must be submitted to the arbitration court in the territory of the registration of one defendant.
In the event that the defendant is located outside the Russian Federation, the claim is filed with the arbitration body, to which the address of the location of the defendant’s property is assigned.
If the place of execution of the claim is specified in the contract, the arbitration application is submitted to the specified territorial judicial authority. It happens that a lawsuit is filed against a branch of a legal entity located in a territory other than the location of the company's head office. In this case, the application may occur to the territorial arbitration body of the head office or to the court at the location of the branch.
The tribal and territorial jurisdiction of arbitration cases, by analogy with civil cases, is general and alternative, and can also be exclusive, related to the case and contractual.
Shipping Matters
Tribal jurisdiction in the arbitration process and territorial affiliation are determined by law and for cases related to shipping. If accidents, ship collisions occur and questions regarding salvage at sea are resolved, the place of application may be the arbitration body at the place of registration or location of the defendant's ship or the court at the place of damage. Claims for the possession of ships, space and aircraft shall be filed at the place of official registration of transport.
If the filed arbitration application concerns the contestation of the decision made by the bailiff, then the place of filing the claim is the judicial authority at the place of residence of the defendant.
Disputes between organizations working abroad
If a dispute arises with Russian organizations that operate and own property in a foreign country, then the lawsuit is filed with a Russian court at the place of registration of the respondent organization.
Similar statements of claim for organizations that are not registered in Russia should be submitted to a court in the Moscow Region.
Redistribution of cases between arbitration courts
Generic jurisdiction of arbitration courts not subject to re-examination, but sometimes cases are transferred between the courts horizontally. Upon consideration of the case on the merits, the arbitral tribunal may decide to transfer the case to another instance of a similar level. Possible cases are described below.
- The defendant determined his previously unknown location and filed a request for the transfer of documents to the newly appeared address.
- The plaintiff and defendant found a more competent and complete evidence base in another judicial authority.
- There was a violation of jurisdiction.
- The impossibility of forming the judiciary to consider the case.
The case under consideration, together with the decision to transfer to another instance, is transferred to another arbitration body. The transfer period should not exceed five days from the date of the conclusion on the translation of documents.
Arbitration courts can not be filed claims to challenge the jurisdiction of a particular case, it is prohibited by the legislation of the Russian Federation.
