To protect our violated rights, interests, or to challenge, condemn someone’s illegal actions, each of us has the right to go to court. According to the legislation of the Russian Federation, such a right does not simply exist, it is guaranteed by constitutional norms, as well as the principle of dividing state power into three branches, one of which is the judiciary. However, taking into account the versatility of all social relations, this power is divided into certain structural elements, each of which has its own sphere of regulation of certain legal relations. When non-observance of any rights is noted or a citizen has a desire to challenge the rights of another person, you need to go to a court that is authorized to provide assistance in these matters. Moreover, in addition to the jurisdiction of the court, its place in the general hierarchy, as well as its territorial location, plays a role. All these features are collectively denoted by one term - jurisdiction.
The concept of jurisdiction
The concept of jurisdiction includes a number of terms. In procedural law, the concept under consideration does not have any separate generally accepted interpretations; therefore, the wording is slightly different in all scientific publications and regulatory acts. But there is a common point. Jurisdiction is the order of distribution of cases between first instance courts. With the help of it, a court is determined that must directly examine a particular case. The concept of jurisdiction includes competence, as well as the obligation to take into account this competence.
Due to some factors, for example, the territorial location of the court or the procedural branch of law, there are types of jurisdiction. Each of them to one degree or another allows you to correctly determine the court for consideration of the case. Regardless of the type of jurisdiction is based on individual principles.
Principles of jurisdiction
The concept and types of jurisdiction are based on principles, the essence of which is as follows.
- A judicial institution may only accept cases that are not subordinate to other, non-judicial institutions.
- The decision made by an incompetent institution will always be invalid.
- An incompetent institution may be eliminated at the request of the parties.
- Where the business was started, there it should end. This means that any kind of jurisdiction is determined prior to the direct declaration of the claim.
- Most often, jurisdiction is territorial in nature, although there are exceptions to the rules.
As mentioned earlier, the types of jurisdiction are based on the principles presented above. In fact, thanks to them, the classification of the concept under consideration is made.
Jurisdiction and jurisdiction - what is the difference?
Very often jurisdiction is identified with jurisdiction, which is fundamentally wrong. These concepts have completely different meanings. Jurisdiction - this is how the competence of the authorities regarding different disputes is differentiated and distributed. Each state body can consider only that series of issues for the settlement of which it has the necessary powers. Thus, all public authorities have jurisdiction. Jurisdiction is a kind of rule by which a number of issues related to the courts are distributed between them. It follows that jurisdiction applies only to judicial instances.Thus, jurisdiction and jurisdiction have similar features, but it is impossible to identify these concepts in any way.
Jurisdiction in civil proceedings
Types of jurisdiction of civil cases are fixed by the rules of procedural law. It is necessary to make a reservation right away that when considering criminal cases, jurisdiction will be determined in a completely different way, although the principles are similar here. Types of jurisdiction is also a system of complementary elements. The following types of jurisdiction are classified:
- generic;
- territorial;
- jurisdiction in connection with civil cases.
As for the territorial type, it is divided into alternative, exclusive and contractual. All types of jurisdiction have certain features, which will be discussed later.
Tribal jurisdiction
With help tribal jurisdiction the necessary authority in the judicial system is determined. This view consists of two elements that must be defined for the selection of the court, namely:
- kind of business;
- subjective party, personal characteristics of the parties (place of residence, contract execution, etc.).
This type of concept under consideration is determined by the court and cannot be changed by the will of the parties. Most often, a slightly different wording is found - the jurisdiction of the district courts, since they are the judicial authorities of the first instance for a large number of cases. In this case, the territorial location of the court and the parties does not matter. The main thing is that the court should be the instance in which the existing case should be considered.
Territorial jurisdiction
Through territorial jurisdiction, the spatial competence of a court of a particular instance is determined. In this case, the selection is made based on the level judicial system of the Russian Federation. Territorial jurisdiction greatly facilitates the process of finding the necessary authority, since the choice is made according to predetermined rules. It was previously indicated that there are three main types of territorial jurisdiction:
- alternative (the choice of court is made by the plaintiff, if the case is subject to jurisdiction to several homogeneous instances);
- exceptional (for some cases, the court is determined by law, and not by the parties);
- contractual (on the basis of the contract, jurisdiction can be changed, with the exception of those cases that are under the jurisdiction of the Supreme Court of the Russian Federation and fall under the exclusive jurisdiction).
Scientists highlight another type of concept - the connection of affairs. But at the same time, many deny its existence, referring to the fact that the merging of cases is already happening in the selected court. Thus, when the case is connected, there are no changes in the instance, therefore, it is believed that this type of jurisdiction simply does not exist. Nevertheless, in the science of civil procedure law this type stands out on a par with others, although the question of the legality of this remains controversial.
Jurisdiction of a Justice of the Peace
Article 23 of the Code of Civil Procedure of the Russian Federation states that civil cases can be tried by justices of the peace. Thus, there is another rather interesting type of jurisdiction - the world. The entire territory of the Russian Federation is divided into judicial sections, according to which the distribution and consideration of the simplest civil cases is carried out. World jurisdiction takes place when disputes arise in the following branches of civil law:
- issuance of a court order;
- divorce;
- division of joint property between spouses divorcing a marriage;
- a number of other cases of the family law industry;
- property disputes;
- determination of the procedure for using movable and immovable property.
World jurisdiction is a separate type, because it is determined not only by the nature of affairs, but also by territorial location.
Arbitration courts and their jurisdiction
A completely innovative element in the court system is the arbitration courts of the Russian Federation, which have been replaced by state, departmental arbitrations. According to the law “On Arbitration Courts in the Russian Federation”, these courts are designed to protect and allow economic disputes arising from legal relations of civil, administrative, etc. Arbitration courts are part of a single system adopted in Russia.
The arbitration jurisdiction is practically no different from similar jurisdictions for other courts considering civil cases. There are two types of it:
- patrimonial (distribution of the jurisdictional case between courts of different levels);
- territorial (spatial definition of the jurisdiction of the case).
Arbitration jurisdiction allows you to determine the right instance for considering a subordinate case, which significantly saves time.
Jurisdiction in criminal proceedings
When it comes to criminal cases, the concept of jurisdiction and the process of determining it are somewhat different from those in the civilian industry. The criminal process divides jurisdiction into two main types: subject and local. The first type, therefore, determines the body that has the necessary competence to consider a criminal case. This species is in many ways similar to tribal jurisdiction in the civil process.
There is also a territorial jurisdiction of criminal cases. A business recognized as a court of jurisdiction if it was committed in the territory of its jurisdiction. If several crimes are committed, or one lasting, then the jurisdiction will be determined by the place of investigation or the place of commission of the most serious socially dangerous act.
So, above we examined the concept and types of jurisdiction in criminal and civil proceedings. As mentioned earlier, the issue of jurisdiction is quite important, because the correct determination of this factor will save time and quickly resolve any dispute.
