Federal Law on Justices of the Peace of the Russian Federation

In the Russian legal system, the Institute of Justices of the Peace has been established. What are its features? Which normative acts regulate the activities of the relevant judicial institutions?

What is the Institute of Justices of the Peace?

Before considering what the law on magistrates in Russia is, we will study a little the peculiarities of the corresponding legal institution.

First of all, it should be noted that the magistrates work at the first instance level. Their main specialization is the consideration of disputes related to offenses with little damage, as well as property claims with low cost. One of the purposes of addressing the parties to a dispute in the relevant institution may be the conclusion of a settlement agreement - a legal act on the recognition by participants in legal relations of the absence of mutual claims.

Legislation of the Russian Federation on the world courts

Let us now consider how the activities of the relevant legal institutions are regulated by Russian legislation. The main source of law here is the Federal Law 188-FZ "On Justices of the Peace", adopted on December 17, 1998. It regulates in general all the key nuances of organizing the work of judges, as well as ensuring the activities of the relevant institutions. In essence, this is simultaneously the Law on the Appointment of Justices of the Peace, and the legal act that determines the jurisdiction of cases to the relevant instances, as well as the source of norms that determines how the powers of these institutions are distributed territorially.

Let us now study in more detail the main provisions of Federal Law No. 188.

The definition of the judges of the peace in accordance with the law

The Law on Magistrates refers the relevant legal institution to courts of general jurisdiction that carry out activities at the level of the constituent entities of the Russian Federation, and at the same time are part of the judicial system of the state. This normative act contains wording on which the powers, as well as the procedure for the work of magistrates, as well as the criteria for establishing their posts, are determined by the Russian Constitution, FKZ "On the Judiciary" and other regulatory sources at the federal level, while the procedure for appointing, As well as the activities of judges can be established at the level of legal acts in the subjects.

At the same time, a regional legal act or normative source at the level of the Federal Law should not include language that would contradict the fact that it contains any federal constitutional law. On the world judges, modern experts argue as a significant legal institution, so its regulation can be carried out at the highest level of action of Russian legal acts. But one way or another, a significant amount of provisions regulating the activities of the relevant institutions are concentrated in Federal Law No. 188.

The Law on Justices of the Peace in Russia contains wording whereby those decisions that are adopted at the level of this legal institution and have the status of legally enforced ones, as well as other regulatory acts of the courts are binding on all Russian authorities, institutions, individuals and legal entities and Because they must be performed throughout the territory of the Russian Federation.

In accordance with the norms of FZ-188, world judges, as well as members of their families, have guarantees related to the status of citizens performing activities at the level of the legal institution under consideration. We are talking about guarantees: the independence of judges, immunity, material security, social support.

We will study what competences of justices of the peace are established by the legislation of the Russian Federation. Above we noted that Federal Law No. 188 is actually the law of jurisdiction of justices of the peace. It is in his provisions that the key competencies of the representatives of the relevant authorities are defined.

Competences of judges

The Federal Law on Justices of the Peace No. 188-FZ establishes the following competencies for the representatives of the instances in question:

• Criminal cases related to offenses that provide for punishment of not more than 3 years of deprivation of liberty - in accordance with the provisions of Art. 31 of the Code of Criminal Procedure ;
• Cases related to execution of court orders;
• Disputes on divorce - in the event that between the spouses there are no disagreements about the children;
• Disputes on the distribution between spouses of property, the value of which does not exceed 50,000 rubles;
• Other cases that arise in the field of family legal relations, except those related to challenging the right of paternity or maternity, the establishment of appropriate rights or their deprivation or restriction, the adoption or adoption of children, as well as other disagreements about children, issues The recognition of marriage between citizens invalid;
• Disputes of a property nature between citizens, if it is not about inheritance, as well as assets that are a product of intellectual activity - provided that the value of the claim does not exceed 50,000 rubles;
• Cases related to the establishment of the procedure for the use of certain property;
• Cases relating to administrative offenses in the event that their consideration is directly attributed to the competence of the magistrate by law.

Apart from the above list of competencies, other cases may be referred to the jurisdiction within the framework of the legal institution under consideration. The Law on Magistrates of the RF also contains a wording on which cases in the context of newly discovered circumstances can be considered in courts at the appropriate level, whereas earlier decisions were taken and entered into force at the level of the first instance. A judge representing the institution of law in question is considering disputes that fall within his competence alone.

Let's study now how the legislation of the Russian Federation regulates the activities of the plots on which the world courts function.

Judicial sites under the law on the world courts

ФЗ No. 188, as we noted above - the Law on the establishment of plots of magistrates. What norms does it include in regulating the organization of the work of the relevant institutions?

It determines that the work of judges representing the relevant legal institution is carried out within the established boundaries of a particular district in certain sections. The Law on Justices of the Peace contains the wording according to which the total number of people in this profession, as well as the plots in one or another constituent entity of the Russian Federation, is determined at the level of federal legislation, but at the initiative of regional authorities when the RF Armed Forces agree. Or on the initiative of the RF Armed Forces, but with the approval of the authority of the subject of the Russian Federation.

The sites in question, as well as the positions of judges, should be established and abolished through the publication of regional legal acts. It is assumed that 15 to 23 thousand citizens will be served on one site. In the event that in the municipality - less than 15 thousand people, then it forms 1 court site. Cases considered at the appropriate level must necessarily be transferred to the jurisdiction of another institution in the event that it is planned to abolish a certain section or the position of a judge.

In the cases provided for by law, the chairmen of district courts may refer cases that, in general, are within the competence of a judge in a certain section, for consideration by institutions in other territories. The federal law on magistrates includes the wording according to which criminal, civil cases can be transferred under this scheme, as well as those related to administrative offenses, consideration of lawsuits and issuing court orders.

Appointment to the position of magistrate: requirements for candidates

We will study the requirements for citizens who claim to be appointed as judges of the peace. The main source of law, which defines the relevant criteria - the Law of the Russian Federation "On the Status of Judges". In this sense, these requirements are no different from those established for representatives of the judiciary, as well as candidates for the relevant positions, for other instances. However, these rules should be applied, taking into account the provisions of Federal Law No. 188. In particular, these may concern the procedure for appointing or electing citizens to the position of justice of the peace.

The election of Justices of the Peace

The procedure is carried out with the participation of the legislative authority at the level of the subject of the Russian Federation or the population that resides in the relevant judicial district. At the same time, the procedure for the election of justices of the peace should be established by a legal act adopted in the region. The Law on the Justices of the RF includes the wording that no later than 6 months before the current judge's powers expire and, in the event that they terminate early, no later than 10 days after the appearance of the judge's vacancy, That the relevant position is open. Information about this is placed in the media.

The relevant announcements reflect information about the time, as well as the place where applications are received from citizens claiming the position of a judge, as well as when and where these documents will be considered. The term of office of a judge to be appointed following the examination of applications must begin not earlier than the day that follows the day when the powers of the acting judge ceased.

Term of office of the judge

The Federal Law on Justices of the Peace in the RF establishes the specific terms of office of the representative of the institution in question. So, the magistrate is appointed or elected to his office for no more than 5 years. At the same time, the authorities of the Russian Federation have the right to reduce this period. Upon his expiration, however, the citizen has the right to again claim the position of justice of the peace. In the event that a citizen has been re-elected to the relevant position, the term of his office should not exceed 5 years or be equal to that defined in regional legal acts. A magistrate can carry out his activities before he turns 70. After - his powers are terminated in accordance with the law.

Termination of the authority of a judge

The Law on the Activity of Justices of the Peace, therefore, contains wording on which the powers of the representatives of the respective institutions can be terminated. It can be noted that the list of grounds for this is determined by the Law of the Russian Federation "On the Status of Judges", but in the course of applying the provisions of this PPA, the norms fixed in Federal Law No. 188 should be taken into account.

The magistrate's powers cease:

• On the last day of the month in which his powers expire or the month in which the judge turns 70;
• On the day after the day when the decision of the panel of judges comes into force, according to which the powers of the representative of the institution in question are terminated early.

In addition, the powers of the judge may be suspended by the college under other mechanisms provided for in the RF Law "On the Status of Judges".

In the event that the powers of the judge have been suspended or terminated, as well as in the temporary absence of a citizen in the relevant position, the performance of his labor duties is performed by a justice of the peace, who works on another site in the same district. In this case, a separate resolution of the chairman of the court on the relevant area is issued. In the event that only 1 magistrate works in the given territory, his powers are transferred to the level of the instance, which carries out activities in the nearest area.

In cases provided for by law, the discharge of the duties of a judge representing the institution in question may be entrusted to judges who are retired. It does not matter where they worked before.

Let us now consider how the Law on the Status of Justices of the Peace regulates the procedure for ensuring the activities of the relevant authorities.

Maintenance of activity of judges

The main role in supporting judges of the peace is played by their devices. Its structure, as well as the staffing table, should be defined in the laws adopted at the level of the subject of the Russian Federation. Employees of the apparatus at the same time have the status of civil servants and work in accordance with the law, in whose jurisdiction - the regulation of legal relations in public service.

Financing of the work of magistrates is carried out with the participation of the Judicial Department, which works with the RF Armed Forces. This structure is responsible for transferring salaries and salaries to judges, providing them with various social privileges stipulated by the legislation of the Russian Federation.

For the material support of the activities of representatives of relevant institutions, structures at the level of the executive power of the RF region are responsible. In this case, in the cases established by law, the Judicial Department, which works under the RF Armed Forces, may also be involved in this task. This structure is also responsible for recovering the costs of disputes, which are considered by the magistrates.

So, we have studied the main provisions that contain the Federal Law on Justices of the Peace of the Russian Federation. It will also be useful to consider the evaluation of the activity of this legal institution on the part of experts.

Institute of Justices of the Peace in Russia: assessments of experts

First of all, among lawyers there is a widespread view that the status of a magistrate is, in fact, dual. On the one hand, their activities are carried out within the subject of the Russian Federation, and therefore regulated by the provisions of regional sources of law. On the other hand, the representative of the relevant institution is also included in the single judicial system of the state and issues resolutions on behalf of the Russian Federation.

As the experts note, the adoption of the law on magistrates in Russia was accompanied by discussions on the role of representatives of these legal institutions in the system of government. Thus, one of the popular concepts contained the theses on which the world court should carry out its activities at the level of the first instance and, thus, acquire powers that characterize the work, in particular, of district courts, which would increase the efficiency of the proceedings. At the same time, it was necessary to ensure that the jurisdiction of the decisions of the relevant institutions was extended to the federal level. Thus, among experts, the point of view according to which the work of the justices of the peace should be more reflective of the federal level of consideration of the issues of the activity of these structures was also widely spread. In particular, at the appropriate level, decisions could be made on the appointment of judges, on the financial and material support of their activities.

One way or another, the adoption of the law on magistrates was carried out in the formulations on which the duality of their activities as a whole has been preserved. Above we considered the provisions of Federal Law No. 188 that, on the one hand, the work of representatives of these judicial institutions is connected with the adoption of decisions on behalf of the Russian Federation, on the other hand, the procedure for ensuring their activities largely depends on the results of the work of legislators in the regions. This mechanism can be considered by experts as sufficiently effective, since, on the one hand, it does not restrict the jurisdiction of decisions of justices of the peace, on the other hand it takes into account the regional specifics of legal relations.

In addition, it can be noted that at the level of the main federal normative act - Federal Law No. 188, there are formulations that limit the ability of regions to adopt norms that are significantly different from those that reflect the interests of the federal center. For example, regarding the establishment of the maximum terms of office of a magistrate. It can not, as we already know, last more than 5 years, however, its specific duration may be less than the limiting value, and this depends on the position of the regional legislator.

One way or another, the legal institute of justices of the peace is regarded by experts as extremely important from the point of view of the development of jurisprudence in Russia, the enhancement of the legal culture of citizens, and the improvement of the system of public administration. The Law on Justices of the Peace is a fairly balanced legal act that, on the one hand, provides a significant amount of authority to the regions in regulating the activities of these institutions, on the other hand it contains wording that contributes to preserving the integrity of the state judicial system of the Russian Federation from the point of view of expanding the jurisdiction of decisions of the world Judges, as well as ensuring the support of their activities by federal agencies.