What is the link of the judicial system? The notion of the court and the court

The Russian judicial system occupies a special place among all institutions of state power existing in the country. It is faced with the most important tasks to ensure the protection of the rights and interests of the subjects. Various courts of the Russian Federation consider civil disputes and criminal cases, some administrative violations, resolve conflicts between organizations. No body of another branch of power has such powers.

General characteristics of the Institute

The present system is presented in the form of an orderly construction of ships. They have common goals and objectives, are organized and function on some democratic principles. The judicial system is built in accordance with the administrative-territorial as well as the national-state division in the country. According to Art. 71 bodies that are not provided for in the Federal Law can not be arbitrarily established in the subjects. It is not allowed to establish by regions the order of organization and functioning of existing federal institutions on their territory.

Structure

In the judicial system, there are both federal and regional bodies. The former are created and abolished only in accordance with the Constitution or the Federal Law. They act as the highest judicial instances. Legislation establishes a special procedure for the abolition of organs. Thus, this procedure can not be carried out until the issues assigned to the jurisdiction are transferred simultaneously to the other. Federal authorities are:

1. COP.
2. Supreme Court of the Russian Federation, supreme courts of regions, territories, cities fed. Values, republics, district, autonomous regions / districts.
3. Specialized and military bodies.
4. The Supreme Arbitration Court of the Russian Federation, regional federal and subject arbitration, appellate institutions.

Regional authorities are:

1. COP subjects.
2. World courts.

Guarantees

The current judicial system has adopted this form since January 1, 1997 with the adoption of the relevant Federal Law. The Institute shall guarantee:

1. Independence from the executive and legislative powers.
2. The right of citizens to take part in the administration of justice.
3. Effective protection of freedoms and human rights and citizens in the procedure approved in regulatory enactments.
4. The accessibility of justice for all actors on an equal footing.
5. Consideration of cases by bodies in whose competence they are.
6. The right of the participants to review all decisions and sentences passed by the first court.

It is not allowed to adopt legislative acts that abolish or decrease the independence of the bodies, the independence of officials, and the protection of a person and a citizen is limited.

Concept of the link of the judicial system

Several bodies may have uniform powers and occupy an equal position in the structure. Such a set of institutions forms a link in the judicial system. The bodies included in it have the same competence. They also have a similar structure and composition. It is advisable to consider the concept of the link of the judicial system on specific examples. In Russia, bodies of general jurisdiction and military institutions are formed by three levels. And in the first, and secondly, there is a basic link in the judicial system. Military institutions are garrison organs. In the system of general jurisdiction are the district courts. Next is the middle element. In the system of general jurisdiction this is:

1. Supreme courts of the republics.
2. Regional and regional bodies.
3. Courts of cities fed. Values.
4. Authorities of autonomous okrugs / regions.

District (naval) courts - the middle level of military authorities. At the third level in the general jurisdiction is the Russian Armed Forces. His Military Collegium acts as the third link of military courts.

Arbitration

The main link of the judicial system in this case is the bodies of the subjects of the country. Next comes the first intermediate element. They are arbitration appellate bodies. The second intermediate element is the district courts (cassation). The last component is the Collegium for the Resolution of Economic Disputes of the Armed Forces of Russia.

The link of the judicial system: judicial instances

These elements perform specific functions related to the resolution of cases. Their competence includes:

1. Decision-making on the merits.
2. Verification of the validity, legality and validity of the act that has entered into force or not entered into force.

District courts are empowered to make decisions on the merits of issues that are fundamental to a particular case. So, in the course of criminal proceedings, the body establishes the innocence or the guilt of a citizen. In the latter case, the question of the application or non-use of punishment is decided, and a specific measure of coercion is established. Considering civil cases, these links in the judicial system of the Russian Federation determine the provenness or lack of evidence of the claimed claims. Also, the consequences that must arise are established. In criminal and civil cases, the first instances can be practically all courts within the limits of the powers granted to them. As an exception, the arbitration bodies of the districts and appellate institutions act. This is stated in FKZ No. 1.

Verification of decisions

The court of cassation, as well as the appeal court, is called upon to verify the validity, legality and fairness of judgments, judgments including. At the same time, consideration is carried out both of the acts that have entered into force and those that have not yet entered into force. The second part of the judicial system can be appealed against:

1. District authorities that did not enter into force. This right is established in art. 320 Cpc.
2. Decisions that entered into force, in addition to acts of the Armed Forces. They are allowed to appeal under Art. 376 of the CCP to the cassation instance.

Appeal (general jurisdiction)

This body can be any link of the judicial system. Appeals against decisions are carried out vertically. Thus, acts of justices of the peace are examined in district instances. The decisions of garrison military and district bodies are appealed in:

• Sun of the Republic.
• Regional / regional court.
• City organ fed. Values.
• Court of Autonomous Region / District.
• Naval (district) body.

To the Arbitration Court of the Armed Forces, which deals with civil cases, complaints are sent to the acts adopted at the first instance:

1. Republic of the sun.
2. Regional, territorial courts.
3. The bodies of Moscow and St. Petersburg.
4. Courts of autonomous okrugs / regions.

Complaints are sent to the Appeals Board of the Armed Forces of Russia for acts of the Armed Forces. The impugned decisions must be made at the first instance. The appellate body of the Moscow City Court considers complaints against acts adopted by it on cases related to protection of related / copyrights.

Features of consideration

Appeal courts can fully or partially review the case. In this case, as a rule, a direct investigation of a part of the evidence or all submitted materials is carried out. The result of such consideration may be the issuance of a new decision (in a civil dispute) or a verdict (in a criminal case).

Supervisory authorities

The second and the third link of the judicial system act as them. The courts are called upon to verify the legality of virtually all decisions and sentences that have entered into force and have not entered into force. In accordance with Art. 377 ГПК supervisory complaints are sent:

• To the presidium of the regional / regional, supreme court of the republic, autonomous region / region.
• To the board of the Armed Forces (in civil cases).
• To the presidium of the fleet (district) court.
• To the board, which examines the affairs of servicemen in the Armed Forces of Russia.

District authority

It acts as the first link in the judicial system. Such bodies are formed in every district, urban, municipal and inter-district institutions can be formed in urban settlements. These courts consider the vast majority of cases in the country. Their competence does not include production (criminal and civil), included in the jurisdiction of other bodies of general jurisdiction (world and arbitration). Along with this, the issued acts of district institutions can review the second and third links of the judicial system of the Russian Federation. The procedure for the creation and functioning of bodies is determined separately by the federal law. The same applies to the abolition of institutions.

World bodies

They represent the lowest level of the system. In them, in a simplified manner, criminal, administrative and civil cases of a minor nature are considered. A distinctive feature of the world courts is that they are included in the category headed by the Russian Armed Forces, but at the same time they are not federal. They are considered to be the bodies of the subjects of the country. The appointment of a magistrate is carried out by a representative structure of the region or by election by the population from the relevant site. Duration of powers - for the first term of not more than 5 years, for subsequent - not less than five years. Justices of the peace treat cases single-handedly.

Military institutions

These courts belong to the organs of general jurisdiction. The proceedings on cases are carried out in the executive federal bodies, where military service is provided. The formation of ships takes place on a territorial basis in accordance with the location of the units, including abroad. Military institutions are considering cases of crimes that infringe upon the security of the state, society and the individual. They are designed to provide protection:

1. Public and other organizations, citizens whose interests were violated in the course of activities to preserve security.
2. Constitutional system of the country.

Russian Armed Forces

The Supreme Court of the Russian Federation is a body of general jurisdiction. He carries out activities within the authority of Russia. The institution provides explanations on practical issues, has the right to review, in accordance with the procedure established by law, the acts of any lower-level general jurisdiction bodies in any cases. Together with the Constitutional Court and the Supreme Arbitration Court, it has a legislative initiative. Decisions taken by the Supreme Court of the Russian Federation are not subject to appeal / protest.

Powers of the Armed Forces

The Supreme Court has the right:

1. Consider the most complex civil, administrative cases. The resolution is essentially carried out by those disputes and crimes that are attributed to the jurisdiction of the bodies of general jurisdiction, except those that are within the competence of the Constitutional Court. Consideration is carried out at the first instance.
2. To oversee the activities of bodies of general jurisdiction, including specialized and military.
3. To study and generalize the judicial practice, to carry out the analysis of statistics.

In the event that the State Duma institutes proceedings to dismiss the President of the country from his office, the Supreme Council gives an opinion on the presence of a crime in his actions. Due to the constitutional requirement, the Supreme Court can be abolished solely by amending the Basic Law. Appointment of officials in the Armed Forces is carried out by the Federation Council on the proposal of the President.

Specificity of functioning

Judicial activities in the Armed Forces are mainly carried out by the judicial colleges in criminal or civil cases. Their composition is determined by the decision of the Plenum of the Armed Forces on the proposal of the chairman. Cases in the first instance are considered either individually or collectively (at least 3 judges). Decisions and sentences can be appealed. Challenging of acts is carried out in the cassation board. It deals with protests and complaints on decisions of regional bodies that have not entered into force and are equated with them. The Court of Cassation resolves criminal and civil cases as a court of second instance for claims for acts that have not entered into force and are rendered by one of the three panels of the Armed Forces as the first instance.

Presidium of the

It is a collegiate body. It includes 13 judges. Meetings of the Presidium are held at least once a month. They are considered cases in order of supervision for newly discovered or new circumstances, research materials and generalizations of practice, analysis of statistics. Its competence includes resolving issues related to the organization of the activities of the collegia and the Supreme Court apparatus. In addition, the Armed Forces are assisting subordinate bodies in the correct application of legislative norms.

Plenum

It includes all the judges of the Armed Forces. There are about a hundred of them. The convocation of the Plenum is carried out at least 4 times a month. The following persons participate in the meetings:

• The Attorney General.
• Minister of Justice.
• Chairmen of lower bodies.
• Specialists and scientists.

The main function of the Plenum is to review the materials of research and generalization of judicial statistics and practices, representations from the Prosecutor General and the Minister of Justice. In addition, senior officials give explanations to courts regarding the application of legislation.

CC of Russia

The Constitutional Court acts as a monitoring body. It independently and independently carries out its activities. This Court was established in 1991 year. Its main goal is to protect the constitutional order, freedoms and human rights and citizens, ensuring direct action and the supremacy of the provisions of the Constitution throughout the country. The court checks compliance with the requirements of the Basic Law:

• FZ, normative acts of the Federation Council, the president, the government, the State Duma, and constituent entities of the Russian Federation, adopted on issues of joint jurisdiction.
• Agreements concluded by state authorities with regional structures.
• International agreements that have not entered into force.

The Constitutional Court resolves disputes on matters of competence between state and regional authorities, on complaints of violations of constitutional freedoms and citizens' rights. At the request of other bodies, the law applied in a particular case is checked. The court also provides explanations of constitutional provisions, an opinion on observing the envisaged procedure for charging the President with state treason or committing another grave crime. The body is entitled to legislative initiative on issues of its competence.

Features of treatment in the COP

A complaint, petition or request can be submitted to the Constitutional Court. All citizens of Russia, persons who do not have citizenship, as well as legal entities who claim that their legitimate interests guaranteed by the Basic Law are violated or not protected by a definitive decision of the state body or official have the right to apply to the Constitutional Court. The claim may be submitted by the management bodies, as well as without having an official registration of the group. Examination of appeals is carried out by specialists of the department of the secretariat of the Constitutional Court. After that, they are sent to the chairman of the court or his deputy.