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Garrison military courts: composition and authority

On the territory of Russia there are various courts providing law and order. Each of them can be addressed only on specific issues. Garrison military courts operate in a certain territory, where military garrisons operate. The structure of the institution includes the chairman, deputy and other judges.

The military-garrison court executes justice independently of other institutions. He works on the basis of the Constitution of the Russian Federation and laws. Judges are independent and do not obey anyone in their activities. Their guarantees, approved by the Constitution, are not abolished or reduced.

Activities

Each court deals with specific cases. This is due to the legal distribution of duties. Garrison military courts of first instance are engaged in:

  • Criminal;
  • Civil;
  • Administrative matters.

The institution considers decisions, sentences that have already entered into force. Its competence includes arrest, restriction of rights, inviolability of the home. The decision of the military garrison court is considered the basis for the implementation of legislation.

Examination of cases

Garrison military courts can only be approached by officers who are on military duty in the garrison. Usually, meetings are held there on various cases of servicemen. Civilian personnel go to the ordinary court. After any of them a decision is issued.

When examining cases in a military court, the following compositions are present:

  • A judge or panel is to be considered for work on civil and administrative matters if a petition was submitted from either party;
  • For criminal cases, a judge or board is composed, which includes judges and people's assessors.

The military-garrison court includes judges and people's assessors. The first are approved by the President of the Russian Federation, and their working hours are unlimited. The election of lay judges takes place at a meeting of the military. Civil and administrative cases are transferred to the collegium or judge.

Chairperson

This official of the institution is present at meetings, and also takes part in the decision. Without him, not one case. The work of the chairman includes the organization of the activities of the court. It should be consulted on the issues of interest.

He also approves the duties of judges. The Chairman supervises the activities of the administrator and the court staff, appoints him to the post, and exempts him.

District Court

There are not only garrison military courts, but also district courts. The latter work in specific areas of the entity where military units or institutions of the Armed Forces are located. In the district courts there is a chairman, deputies, judges. The work is carried out by the presidium, colleges and formations.

The institution is referred to in criminal and civil cases. Examination of cases on decisions, verdicts and decisions that have already entered into force is in progress. The District Court takes on new cases.

Military College

The Moscow garrison military court consists of the same parts as all the others. The military collegium is above the district courts. It includes the chairman, deputy, judges. The Military Collegium deals with civil, administrative, criminal cases.

Three judges are considering decisions that have not entered into force. Also, their work includes cases of protests against sentences. The military collegium has an information bulletin, where the necessary information is published.

The court's decision

After considering any case, a decision is made, which is obligatory for execution. And the timing can be different. There should be voluntary execution, otherwise it will have to be done compulsorily.

The decision of the court is taken after the meeting of judges in a separate room, after which it is announced. The document is not immediately given out on hand, usually it occurs for 5 days. It can come into force immediately or on the basis of a petition of a person. In other cases, the decision comes into effect in a month. When carrying out the appeal, the document will act immediately.

If the document is valid at once, an enforcement order is issued , which is sent to the court bailiffs. In this case, the winning case is considered a recoverer, and the loser is a debtor. Execution is approved by law. When the case was considered with several defendants or plaintiffs, several documents are provided. If the sheet has been lost, a duplicate is issued. To do this, you need to apply to the court with a statement.

Representatives of the parties can participate in the consideration of the case, only for this they must have powers of attorney. If you disagree with the court, you must file an application, and then a new meeting is appointed. After consideration of the case, it will be decided to cancel or act on the document. Everything that is accepted by the court is mandatory for execution.

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