The court is a state body whose function is to regulate and maintain compliance with the rule of law established in the state. It also regulates disputes and relationships between citizens. Its main purpose is to punish or recover for an individual or enterprises that have shown non-compliance with the requirements of legislative acts.
The judicial system of Russia: composition of the court of the Russian Federation
The judicial system is a complex of courts existing in Russia. It was built in strict compliance with the requirements of the Constitution and the Law “On the judicial system of the Russian Federation. ” The last document creates the sufficiency of the list of judicial bodies and the inadmissibility of the formation of additional courts.
The system is based on the following courts:
1) Constitutional.
2) General jurisdiction.
3) Arbitration.
Also, the said law presupposes the courts of the subjects of Russia - justices of the peace.
Tasks
All judicial bodies are shown as three completely interdependent components of the overall system. They are endowed with common goals for the protection of the constitutional, political and economic structure, observance of legitimacy and legal order, and legal protection of citizens.
Art. 3 of the law states the following:
• unity, which is created by the formation of the judicial system with the help of the basic law;
• compliance with established legal proceedings;
• the use of the Constitution and other legislative acts of Russia by the courts existing in the state;
• recognition of the need to comply with judicial verdicts (which are already valid) in any region of Russia;
• fixing judicial status;
• financial support of the judiciary from the state budget.
Moreover, any of these components is provided with its own authority, and it does not interfere with the functioning of another judicial component.
General Courts
The composition of the court of general competence covers the Supreme Court, republican Supreme Courts, courts of the territories, regions, autonomous okrugs and autonomous regions, Moscow, St. Petersburg and district (in the city warehouse) courts. The structure of general courts also includes those that operate in the armed forces: garrison, district and fleet. They also include magistrates.
The functioning of the courts of general jurisdiction is carried out under the direction of the Supreme Court. He acts as the supreme body for the examination of cases in criminal, civil matters and administrative disputes. The structure of the general courts is formed by the republican Supreme Court (twenty-one), in the territories (six), in the regions (forty-nine), in the cities of Moscow and St. Petersburg, in the autonomous region, in the autonomous okrugs (ten), in the regions (2456) and finally, military courts (depending on the location of the Armed Forces and other military units).
Court of Arbitration
The composition of the court covers the Higher Arbitration Court, and then the structure is similar to the courts of general jurisdiction, so they are divided in accordance with the administrative-territorial units existing in the Russian Federation. The dominant position is the Supreme Arbitration Court.
Therefore, this order is centralized.
Composition of ships
Courts of general jurisdiction are divided into 3 constituent links. That is, the first link is occupied by the district (in the cities), the second link is formed by the courts of the Republican Supreme, Territory, Regional, separately the cities of Moscow and St. Petersburg, the autonomous region and autonomous okrugs. The garrison courts, armies and flotillas serve as the first link in the military judicial organs.
II - military courts of the Armed Forces of the Russian Federation, districts. The III (highest) link is occupied by the Supreme Court (including the Military Collegium).
The structure of this body also includes 3 links.Republicans occupy the 1st (similar to the arrangement of general courts). 2nd - district, and 3rd - Supreme Arbitration Court.
Rights and competence of the court
The competence of the court is determined by Art. 29 of the Code of Criminal Procedure and is as follows:
- in the cancellation or amendment of the verdict, which was issued by a lower court;
- in the application of compulsory medical measures against a citizen, depending on the requirements of Chapter 51 of the Code of Criminal Procedure;
- in the application of educational measures of compulsory order against a citizen, depending on the requirements of Ch. 50 Code of Criminal Procedure;
- in determining the guilt of a person in a crime and imposing a sentence on him, as defined by applicable laws.
And only the court (including during the pre-trial proceedings) has the right to issue a verdict that concerns the restriction of rights and freedoms:
• determination in custody, house arrest, bail;
• extension of the period of restrictive measures;
• identification of the accused or suspect in a stationary institution for various kinds of medical examinations;
• compensation for damage to property;
• inspection of housing, if there is no consent of the residents;
• search and / or seizure of housing;
• seizure of things that are mortgaged or handed over to a pawnshop;
• personal search (exception of Article 93 of the Code of Criminal Procedure);
• the seizure of objects and securities that contain state or other secret information legally protected, or information about the citizen's deposits and accounts with banks and other credit organizations;
• arrest of correspondence, consent to its viewing and withdrawal in communication organizations;
• seizure of property (including finance of individuals and legal entities that are in accounts and deposits or in custody in banks);
• temporary suspension from office (Article 114 of the Code of Criminal Procedure);
• use or disposal physical evidence according;
• supervision and recording of telephone and other conversations;
• obtaining information about the relationships between subscribers and (or) subsystems.
In addition to this, the court has the right to examine complaints about actions, or inaction, and decisions of the prosecutor, investigator, inquiry body (including the inquiry officer) in accordance with Art. 125 CPC.
When conditions for an offense, violation of civil rights and freedoms, other violations that are committed during the inquiry, preliminary investigative actions or during the consideration of this case by a lower judicial authority are revealed during the criminal case, the higher court has the right to determine or to issue a resolution in which it pays attention to specific organizations and officials, on the identified conditions and facts of non-compliance with legal requirements, and obliges them to accept certain measures to eliminate violations.
Composition of the criminal court
On the basis of the Code of Criminal Procedure, criminal cases are examined by a court in a collegial manner or by a judge (individually). In the first case, according to the first instance, the population is sometimes involved (jurors). In this case, the judge acts as an official who exercises functions on the basis of qualified training. It is appointed in accordance with the Constitution and the law indicated at the beginning of this article.
Currently, criminal procedural laws give preference to the administration of justice to one judge, eliminating the assessors. A justice of the peace can consider criminal matters of small and medium gravity - part 2 and part 3 of article 15 of the Criminal Code. A federal judge is allowed to consider all cases on criminal matters, except for the cases of a justice of the peace. Grave and especially grave offenses are investigated by a panel of 3 judges if there is a petition filed before the determination of the meeting for the person charged.The collegial composition of the criminal court - a federal judge, as well as twelve jurors - examines, at the request of a citizen who is charged, with questions about committing criminal acts in accordance with part 3 of article 31 of the Code of Criminal Procedure.
Composition of the arbitral tribunal
The system of arbitration courts (hereinafter AC) is covered by the courts:
• Supreme Arbitration;
• districts (arbitration cassation);
• appeals;
• First instance on the territory of republics, territories, regions, cities that are of federal significance, autonomous okrugs, autonomous regions (or they are called “AS of the subjects of the Russian Federation”)
The functioning of the speakers is provided by the apparatus.
The composition of the arbitral tribunal assumes its internal structure:
1) The Supreme (Supreme) AC, which is the supreme body for the analysis of economic and other disputes that are subordinate to the AC. Composition of the Supreme Court:
• Plenum;
• Presidium;
• collegiums;
• Collegiums for the analysis of contentious issues that are formed on the basis of admin relations.
• advisory bodies-councils: chairpersons of the AU (decides the organizational, personnel and financial issues of the AU), scientific advisory (prepares recommendations on the use of regulatory documents).
2) AU districts (cassation courts). These are the courts, which in the cassation instance exercise control over the legitimacy of the AC verdicts that were adopted at the first and appeal instances, and conduct cases on newly discovered facts.
Composition of the court (district AC):
1) The Presidium.
2) Board for the consideration of civil and other disputes.
3) Board for the consideration of administrative disputes.
4) Judges.
Constitutional Court (COP)
A judge of the Constitutional Court shall be appointed individually and by secret ballot. The candidacy for which the majority of the total number of deputies of the Council of the Federation voted is determined. If a judge leaves the Constitutional Court of the Russian Federation, the idea of choosing a different candidate for a vacant seat is submitted by the President to the Federation Council no later than 30 days after the vacancy. If the judge’s term has expired, he will fulfill his duties until a similar vote occurs again, where he will take part. The quantitative composition of the Constitutional Court is nineteen. The Constitutional Court has the right to act if its composition includes at least 3/4 of the necessary composition of judges.
The competence of the Constitutional Court is not limited to any period, and the rights of judges are limited to a twelve-year period. Their age should not be older than 70 years. The judge is not re-elected. He takes office from the day he takes the oath of office, and this time ends on the 30th (31st) day of the last month of the election term, or if he is already 70 years old.
District Court (RS)
RS are included in the first link of the general courts of Russia. RS is the basic link in the judicial system. The RS refers to the 1st instance in the analysis of the main part of civil and criminal cases, and to the 2nd (appeal) - in relation to the justice of the peace, who operates in the same area, and perform other procedural functions of the judiciary.
The composition of the district court is expressed in the following composition: the chairman of the RS, the deputy and the judges of the RS (their number varies).
