The Supreme Court of the Russian Federation is the judicial authority of the country of highest jurisdiction regarding cases within its competence. It exercises control over all judicial bodies in the field of common law and is called upon to ensure that justice is administered in accordance with the Constitution of the Russian Federation. All his activities should be reduced to protecting the rights and freedoms of the population and contribute to reducing crime. The article will examine in detail what are the powers of the Supreme Court and the nature of its activities.
Constitution of the Supreme Court
The Constitution of the Russian Federation defines the Supreme Court as the highest judicial authority in common law. All courts included in it, including federal, specialized and military, are under the supervision of the Supreme Court. He is authorized to consider cases of the first and second instances and is the ultimate authority for cases within his competence. The Constitution, regulating the powers of the Supreme Court, limited its power within the limits of general jurisdiction. Thus, the Law restricts it from the Supreme Arbitration and Constitutional Court.
Judges in the Armed Forces are appointed by a meeting of the Federation Council of the Russian Federation on the conclusion of the president, based on a report drawn up by the chairman of the Supreme Court and the judgment of the qualification board. Their term of office is not limited. They are non-replaceable and have many guarantees of immunity and protection, according to the Law. The age limit for such a position should not exceed 65 years.
The composition of the aircraft
In order to control all the general legal organs of justice, the Supreme Court needs a lot of specialists. Depending on the duties performed and the category of cases under consideration, the Armed Forces comprise:
- plenum;
- Presidium
- board of appeals;
- disciplinary board;
- judicial boards in different types of cases.
It also includes the Armed Forces apparatus and the scientific advisory council of the Armed Forces. Each department has a chairman and staff of judges. The head of the highest judicial authority is the chairman of the Supreme Court.
Powers of the Chairman of the Armed Forces
Like judges, the chairman, according to the Constitution, is appointed by the Council of the Federal Assembly according to the president. The term for which he takes office is 6 years, and the candidate may be called to management an unlimited number of times. The Chairman of the Supreme Court has procedural and judicial powers, but, besides them, he is engaged in the following cases:
- resolves issues within its competence regarding the activities of the Armed Forces, the system of arbitration courts and general jurisdiction;
- organizes activities on the study of judicial practice, generalization and analysis of statistics;
- presides over meetings of the plenum of the RF Armed Forces and convenes it, plans its work and agenda, recommends a candidate for the post of secretary of the plenum;
- establishes a list of cases and duties of judges and their deputies;
- recommends candidates to the president for appointment to the post of judge, first deputy, chairmen of collegiums and other members of the judicial system within the Armed Forces;
- forms the composition of judicial collegiums from among the judges of the Supreme Court;
- brings his opinion to the Higher Qualification Collegium on the certification of judges in various positions, as well as on their awarding;
- issues various orders and orders.
This is the first person of the Supreme Court who has significant experience and knowledge in the field of judicial practice. He has a lot of responsibilities regarding both the qualifications of other judges and the court case in principle.
Supreme Court: functions
The rights and obligations of the Armed Forces of the Russian Federation lead to the need to perform certain functions of the legal proceedings, as well as control and supervision in the field of general jurisdiction. This is the main and final element of the judicial system, which is designed to perform the following actions:
- consider in the first instance important and complex criminal and civil cases;
- in the order of supervision and cassation, verify the validity and legality of decisions, decisions, sentences and rulings issued by general legal courts;
- clarify issues of judicial practice using the form of decisions of the plenum of the Armed Forces
- may exhibit legislative initiative Turning to the Constitutional Court of the Russian Federation on the conformity of judicial legislative acts with the Constitution.
The decision of the Supreme Court (including the plenum) on judicial practice does not have the force of a normative legal act, but is binding on all courts.
Plenum of the Sun
The plenary session consists of all the judges of the Supreme Court. It is convened at least once every four months by the chairman of the Supreme Council. A meeting is held only if at least 2/3 of the full membership is present. The Minister of Justice and the gene are also present at the Plenum. Prosecutor of the Russian Federation. Judges of lower courts and members of the Council of the Armed Forces may be invited to a meeting.
A plenary meeting is convened to address important issues. The agenda is announced by the chairman of the Supreme Council or the Minister of Justice. The tasks set are solved by voting. The course of discussions at the meeting, as well as the final verdict, are recorded. This is followed by the secretary of the plenum, which in combination is a full-fledged judge of the Armed Forces. The adopted decisions are important for the judicial system of the Russian Federation, so the secretary makes every effort to bring them into action. Thus, the powers of the Supreme Court allow it to collectively resolve issues regarding the court case of general jurisdiction, consider candidates for the posts of judges of the Supreme Court, and also forward legislative proposals to the State Duma.
Presidium of the Armed Forces
It is the Presidium that represents the highest court of Russia. The consideration by the Supreme Court of civil cases, criminal and administrative violations under new circumstances or by way of supervision is the main area of activity of the Presidium. It is also within its competence to provide assistance to lower courts and solve organizational issues regarding the work of the judicial collegiums of the Armed Forces.
The Presidium is composed of 13 judges whose candidacies are approved by the Federation Council of the Russian Federation according to the judgment of the president, based on the opinion of the President of the Supreme Council. These include: the chairman of the Supreme Council, his deputies and judges of the Supreme Council.
The meeting is held at least once a month. Cases are assigned to members of the Presidium and are reported by them independently. The prosecutor general is also involved. The decision is made by voting. A decision of the Supreme Court is being drawn up and signed by the chairman of the Supreme Court.
First instance
The Supreme Court of the Russian Federation is authorized to consider criminal cases brought against deputies of the State. Duma, members of the Council of the Russian Federation, judges and other cases relating to its jurisdiction. Usually these are especially grave and complex crimes, which only experienced judges can conduct.
In civil matters, the Supreme Court considers claims:
- on contesting normative and non-normative legal acts of the president and the government of the Russian Federation;
- on contesting decisions, termination or suspension of the powers of a judge;
- on the liquidation of the activities of associations of a social, political, religious orientation;
- to resolve disputes between state. bodies of the Russian Federation and constituent entities of the Russian Federation.
Other cases may be attributed to the jurisdiction of the Supreme Court.
Second instance
The judicial practice of the Supreme Court is for the most part based on the administration of justice in accordance with the Constitution of the Russian Federation, as well as the supervision of courts of general jurisdiction. This allows for the adoption of the most fair decisions.In addition, not only the cases of lower courts are subject to review, but also the decisions of the judicial boards of the Russian Federation. In cassation procedure, it is only possible to consider those cases for which decisions have not yet entered into legal force. Otherwise, the case is reviewed by the supervisory board or the Presidium of the Armed Forces.
Judicial Collegiums
This division of the armed forces takes over most of the judicial work. It is here that the consideration of the cases of the first and second instance, as well as for newly discovered circumstances. The judicial collegium of the Supreme Court consists of 6-8 judges, among which the chairman is highlighted. He chairs meetings more often than others. His responsibilities also include preparing cases for review by way of supervision and cassation.
There are a lot of judges. Each of them has an administrative-territorial area of lower courts. A complaint to the Supreme Court about one of these objects comes just to the judicial board, authorized to control the specified subject of the judicial system. This allows you to better get acquainted with the specifics of the work of downstream colleagues in a certain region, as well as identify the most frequently made mistakes in decisions.
Board of Cassation
Its composition considers cassation submissions and complaints against decisions of the Judicial Collegiums of the Armed Forces in criminal, civil and military matters. The prosecutor may also act as the initiator of the review of cases. The cassation board of the Supreme Council consists of 12 judges of the Supreme Court and the chairman, and is represented by two members (in criminal and civil cases).
Judges in between sessions participate in the consideration of cases among the Presidium of the Supreme Court or the relevant judicial board. At the same time, a requirement is compulsory that does not allow a judge to participate again in the consideration of the same case. In addition to reviewing cases, the cassation board is authorized to deal with those cases to which new circumstances have opened.
Board of Appeal
Appeal proceedings involve the verification of the correctness of court decisions. Moreover, the board has the right not only to cancel them, but also to change. The Board of Appeals of the Supreme Council consists of 10 judges, its chairman and deputy chairman.
The following cases are considered at the meeting:
- judicial boards of the Armed Forces;
- due to newly discovered or new circumstances.
The board is authorized to apply to the Constitutional Court of the Russian Federation with questions of compliance with the Constitution of the laws applicable in the case. The Chairman informs the Presidium and Plenum of the RF Armed Forces on the activities of the board.
The powers of the Supreme Court allow it to exercise oversight over all parts of the general legal judicial system, seeking maximum compliance and application of constitutional laws. This significantly reduces errors in legal proceedings and enables citizens and authorities to achieve justice.
