Does not apply to federal courts. Their relationship with federal courts

The Constitution of the Russian Federation enshrines: “The rights and freedoms of man and citizen determine the meaning, content and application of laws, the activities of the legislative and executive authorities, local self-government and are ensured by justice.” Justice is achieved through the activities of the courts. Judicial branch in the Russian Federation, according to the principle of separation of powers, it is an independent branch of government. The task of the judiciary- administration of justice.

Administration of justice– procedural activity of courts established by law, aimed at resolving disputes about actual or alleged violation of the law in civil, administrative, and criminal proceedings. Judicial power in the Russian Federation is exercised through constitutional, civil, administrative and criminal proceedings in collegial or individual (in the court of first instance) compositions. The administration of justice is carried out directly by judges who are independent in their activities, subject only to the Constitution of the Russian Federation and federal laws and have the special status of judges.

Judges in the Russian Federation operate in accordance with principles:

1) justice is administered only by the court;

2) the administration of justice is carried out only on behalf of the Russian Federation.

The Constitution of the Russian Federation establishes the basic principles of legal proceedings in the Russian Federation:

1) publicity of legal proceedings;

2) direct consideration of cases by the courts;

3) competition and equality of the parties.

Publicity means that the courts consider cases openly, i.e., all interested persons can be present in the courtroom during the consideration of the case, if the case being heard does not affect personal, official, commercial, state and other secrets protected by law (in these cases, a closed hearing is held) . Constitutional principle of direct consideration court cases means the inadmissibility of conducting absentee proceedings in criminal and civil cases if the consideration of the case is not scheduled in the absence of those interested as a sanction for their guilty behavior. Principle judicial trial based adversarial equality of the parties means that the parties are equal in their rights to defense and obligations of proof. The Constitution of the Russian Federation establishes the special right of persons accused of committing a crime and brought to criminal liability to have a criminal case considered by a court with the participation of jurors. The trial of the case with the participation of jurors is carried out on the basis of the defendant’s petition. The courts of the Russian Federation form the judicial system of the Russian Federation, which is a combination of federal courts and courts of constituent entities of the Russian Federation.

Federal courts:

1) Constitutional Court RF;

2) Supreme Court of the Russian Federation, the supreme courts of the constituent entities of the Russian Federation, district courts, military and specialized courts that make up the system of federal courts of general jurisdiction;

3) Supreme Arbitration court of the Russian Federation, federal arbitration courts of districts (arbitration courts of cassation), arbitration courts of appeal, arbitration courts of constituent entities of the Russian Federation, making up the system of federal arbitration courts.

Courts of the constituent entities of the Russian Federation: 1) constitutional (statutory) courts of the constituent entities of the Russian Federation; 2) justices of the peace.

Federal courts of general jurisdiction in Russian Federation: legal basis, types, functions.

A court of general jurisdiction is a court that administers justice in civil, criminal cases and cases arising from administrative offenses, as well as other cases within the jurisdiction of courts of general jurisdiction. In the Russian Federation, courts of general jurisdiction include: the Supreme Court of the Russian Federation, the supreme courts of the republics within the Russian Federation, regional, regional courts, courts of autonomous regions, autonomous okrugs, Moscow and St. Petersburg city courts, district (city) courts, and the system of military courts.

Federal courts in courts of general jurisdiction also include specialized courts (these are not emergency courts, and their creation was not caused by emergency). Currently, there are no specialized courts in the Russian Federation, although the concept of development of the judicial system provides, in particular, for the creation of administrative, juvenile and migration courts.

To automate the activities of courts of general jurisdiction at all levels, the State automated system Russian Federation "Justice" (GAS "Justice").

Supreme Court of the Russian Federation

1. The Supreme Court of the Russian Federation is the highest judicial body in civil, criminal, administrative and other cases under the jurisdiction of courts of general jurisdiction.

2. The Supreme Court of the Russian Federation carries out in the prescribed federal law procedural forms of judicial supervision over the activities of courts of general jurisdiction, including military and specialized federal courts.

3. The Supreme Court of the Russian Federation, within its competence, considers cases as a court of second instance, by way of supervision and based on newly discovered circumstances, and in cases provided for by federal law, also as a court of first instance.

4. The Supreme Court of the Russian Federation is directly superior court in relation to the supreme courts of republics, regional (regional) courts, city courts federal significance, courts of the autonomous region and autonomous districts, military courts of military districts, fleets, types and groups of troops.

5. The Supreme Court of the Russian Federation provides clarifications on issues judicial practice.

6. The powers, procedure for the formation and activities of the Supreme Court of the Russian Federation are established by federal constitutional law.

District courts - the main link of courts of general jurisdiction, which hears cases at first instance and in appeal procedure. District courts are formed in accordance with federal laws in districts, districts in cities (in major cities), as well as in cities (in the latter case they are called city courts).

The district court consists of professional judges, the number of which should be determined by the workload of the judges in resolving cases.

Justices of the peace of the Russian Federation are judges of general jurisdiction of the constituent entities of the Russian Federation and are part of the unified judicial system of the Russian Federation. The powers, procedure for the activities of justices of the peace and the procedure for creating positions of justices of the peace are established by the Constitution of the Russian Federation, the Federal Constitutional Law “On the Judicial System of the Russian Federation”, other federal constitutional laws, this Federal Law, and the procedure for the appointment (election) and activities of justices of the peace is also established by laws subjects of the Russian Federation. The magistrate considers in the first instance:

1. criminal cases of crimes for the commission of which a maximum penalty not exceeding three years of imprisonment can be imposed;

2. extradition cases court order;

3. cases of divorce, if there is no dispute about children between the spouses;

4. cases on the division of jointly acquired property between spouses, with the value of the property not exceeding 50,000 rubles;;

5. other cases arising from family legal relations, with the exception of cases of challenging paternity (maternity), establishing paternity, deprivation of parental rights, adoption of a child;

6. cases of property disputes where the cost of the claim does not exceed 50,000 rubles;

7. cases on determining the procedure for using property;

8. affairs about administrative offenses, referred to the competence of the magistrate by the Code of the Russian Federation on Administrative Offenses or the laws of the constituent entities of the Federation.

Military courts

Military (naval) district courts are courts of the Russian Federation operating in the Armed Forces of the Russian Federation, included in the unified judicial system of the Russian Federation, carrying out the tasks of justice. Previously called military tribunals. The military court system consists of the military collegium of the Supreme Court of Russia (the highest level); military court of the Armed Forces, districts, groups of troops (second link); military vessels of armies, formations, flotillas, garrisons (first link).
Military courts hear criminal cases:
a) about crimes committed by military personnel of the Armed Forces, those liable for military service during their training sessions, as well as by officers, warrant officers, midshipmen, sergeants and sailors of the authorities Federal service security;
b) about crimes committed by workers and employees of the Armed Forces in connection with the performance of official duties or at the location of a military unit, military institution, institution, enterprise and military organization(Article 9, 12 of the Regulations on Military Tribunals). The military court system also deals with the resolution of civil cases between military personnel and the Ministry of Defense (other federal bodies where military service) and consideration of cases of administrative offenses of military personnel, subject to the jurisdiction of courts of general jurisdiction according to the Code of Administrative Offenses of the Russian Federation.

Arbitration courts in the Russian Federation are federal courts and are part of the judicial system of the Russian Federation.

The system of arbitration courts in the Russian Federation consists of:

· Supreme Arbitration Court of the Russian Federation;

· federal arbitration courts of districts (arbitration courts of cassation);

· arbitration courts of appeal;

· arbitration courts of first instance in republics, territories, regions, federal cities, autonomous regions, autonomous districts

Arbitration courts in the Russian Federation administer justice by resolving economic disputes and considering other cases within their competence by the Constitution of the Russian Federation, this Federal Constitutional Law, the Arbitration Law procedural code of the Russian Federation and other federal laws adopted in accordance with them.

The main tasks of arbitration courts in the Russian Federation when considering disputes within their jurisdiction are:

protection of violated or disputed rights and legitimate interests of enterprises, institutions, organizations (hereinafter referred to as organizations) and citizens in the field of entrepreneurial and other economic activities;

assistance in strengthening the rule of law and preventing crime in the field of business and other economic activities.

The activities of arbitration courts in the Russian Federation are based on the principles of legality, independence of judges, equality of organizations and citizens before the law and the court, adversarial and equal rights of the parties, publicity of proceedings.

The courts of the constituent entities of the Russian Federation include the constitutional (statutory) courts of the constituent entities of the Russian Federation and magistrates who are courts of general jurisdiction (parts 2 - 4 of article 4 of the Federal Constitutional Law “On the Judicial System of the Russian Federation”).

The constitutional (statutory) court of a subject of the Russian Federation is created by a subject of the Russian Federation. This is an analogue of the Constitutional Court of the Russian Federation, but at the level not of the Russian Federation, but only of a subject of the Russian Federation. And accordingly, it considers the issues of compliance of laws of a subject of the Russian Federation, regulatory legal acts of state authorities of a subject of the Russian Federation, local government bodies of a subject of the Russian Federation not with the Constitution of the Russian Federation, but with the constitution (charter) of a subject of the Russian Federation. In addition, he is authorized to interpret the very constitution (charter) of the subject of the Russian Federation.

Each subject of the Russian Federation independently develops and establishes by the law of the subject of the Russian Federation the procedure for legal proceedings carried out by the constitutional (statutory) court of a given subject of the Russian Federation. Meanwhile, one of the provisions that make up this order is enshrined in Part 4 of Art. 27 of the Federal Constitutional Law "On the Judicial System of the Russian Federation". It lies in the fact that the decision of the constitutional (statutory) court of a constituent entity of the Russian Federation, adopted within the limits of its powers, cannot be reviewed by another court.

Since this is not a federal body, but a court of a constituent entity of the Russian Federation, its financing is carried out from the budget of the corresponding constituent entity of the Russian Federation, and not from the federal budget.

Judges of general jurisdiction of the constituent entities of the Russian Federation are magistrates. The competence, procedure for the activities of justices of the peace and the procedure for creating positions of justices of the peace are established by the Constitution of the Russian Federation, the Federal Constitutional Law "On the Judicial System of the Russian Federation", other federal constitutional laws, the Federal Law "On Justices of the Peace in the Russian Federation", and the procedure for appointment (election) and The activities of justices of the peace are also established by the laws of the constituent entities of the Russian Federation.

In contrast to the constitutional (statutory) court of a constituent entity of the Russian Federation, the procedure for legal proceedings carried out by magistrates in criminal and civil cases, is established by the Code of Criminal Procedure and the Code of Civil Procedure, and in the part relating to the administration of justice in cases of administrative offenses, may also be established by the laws of the constituent entities of the Russian Federation. Despite the fact that justices of the peace are recognized as courts of a constituent entity of the Russian Federation, they must administer justice in the name of the Russian Federation.

3.4. The concept of the judicial system and the judicial authority.

First instance, appellate instance,

cassation authority, supervisory authority,

resumption of proceedings in the case due to new and

newly discovered circumstances

(revision court orders on newly opened or

new circumstances)

3.4.1. Link of the judicial system

Depending on what type of ships we're talking about, the courts that make up the judicial system of the Russian Federation are divided into certain groups- links. Federal courts of general jurisdiction have three links, and arbitration courts have five links. There is only one Constitutional Court of the Russian Federation, therefore the concept of a link in the judicial system is not applicable to it.

Under link The judicial system of the Russian Federation is understood as a set of courts with equal competence. At the same time, it should be borne in mind that in relation to federal courts of general jurisdiction of the third (highest) level, the concept of equal competence is applied with a certain degree of conditionality, since historically it has been customary to include the Supreme Court of the Russian Federation and all military courts, including district courts, in this level (naval) military courts and garrison military courts. In relation to the system of arbitration courts, the Intellectual Rights Court occupies a special place. It has specific competence, and therefore it should not be included in any of the four links of the arbitration court system that existed before its creation.

The courts of the second (middle) level of federal courts of general jurisdiction include regional, regional courts, Supreme Courts of republics, courts of the autonomous region, autonomous districts, the cities of Moscow and St. Petersburg. These courts administer justice by considering cases not only at first instance, but also in appeal, cassation proceedings and on newly discovered or new circumstances (due to new or newly discovered circumstances).

The courts of the first (main) level of federal courts of general jurisdiction are all types of district courts. The courts of this level are considering a large number of criminal and civil cases, and in addition, cases of administrative offenses subordinate to courts of general jurisdiction, proceedings for which are carried out in the form of an administrative investigation, as well as cases of administrative offenses entailing administrative expulsion from the Russian Federation. They administer justice in cases of administrative offenses, as well as resolve criminal and civil cases at the first instance, appellate instance and based on newly discovered or new circumstances.

Subordinate to district courts are justices of the peace, who are not part of the system of federal courts of general jurisdiction. They form one of the links in the courts of the constituent entities of the Russian Federation.

The system of arbitration courts, in contrast to the system of federal courts of general jurisdiction, in its structure consists of five rather than three links. The first link in it is allocated to the arbitration courts of the constituent entities of the Russian Federation. Secondly, to arbitration appellate courts. Third - to the federal arbitration courts of the districts. And finally, fourthly, to the Supreme Arbitration Court of the Russian Federation. An independent link in the arbitration court system is the Intellectual Rights Court.

The constitutional (statutory) courts of the constituent entities of the Russian Federation should also be recognized as a link in the judicial system of the constituent entities of the Russian Federation and, in this sense, as a link in the judicial system of the Russian Federation.

3.4.2. Concept and types of courts

A link is a judicial concept. Judicial authority - legal proceedings. The judicial authority is the procedure provided for by law for considering a case in court.

The judicial system of the Russian Federation knows five general procedures for the administration of justice (five instances).

1. Consideration of cases at first instance.

2. Appellate instance.

3. Cassation instance.

4. Supervisory authority.

5. Resumption of proceedings in the case due to new and newly discovered circumstances (revision of court decisions based on newly discovered or new circumstances).

The Federal Procedural Law provides for at least one more procedure for the administration of justice - constitutional proceedings. The Constitutional Court of the Russian Federation resolves cases on the compliance of normative legal acts with the Constitution of the Russian Federation and some other cases.

Since justice is also carried out when considering cases of administrative offenses, and the requirements for the procedure for considering cases of administrative offenses differ from those provided for any of the above instances, there is a seventh order of consideration of a case by the court - consideration by the court of cases of administrative offenses.

First instance

Consideration of cases at first instance is the main, dominant part of criminal, civil and arbitration processes. It is here that justice is first administered and the bulk of all principles of justice are implemented, from open trial of cases in all courts to the independence of judges and their subordination only to the law, etc.

Proceedings at first instance differ from other procedures for the administration of justice in that in this case the evidence is examined directly by the court for the first time.

When considering a criminal case at first instance, interrogations, inspections (of material evidence, terrain and premises), investigative experiments, presentations for identification, examination, testimonies given during the preliminary investigation were read out, as well as protocols of investigative actions, expert (specialist) opinions, documents attached to the case or presented at the court hearing, a sound recording of testimonies was reproduced, a forensic examination was ordered and carried out.

However, due to such a feature of this instance as spontaneity, during the trial the protocol of the interrogation of the witness, drawn up at the stage of the preliminary investigation, is not read out if it is possible for the entire court to hear the testimony of the witness. For the same reasons, the court does not get acquainted with the protocol of inspection of the item - bladed weapons, but examines the material evidence itself, etc. The defendant, parties, witnesses and other interested parties are summoned to the court hearing.

The court is given the opportunity to directly, and not with the help of the preliminary investigation bodies, analyze the charge brought against the defendant (the circumstances of the dispute), resolve the issue of his guilt or innocence, assign punishment to the guilty party, and issue an indictment or the acquittal(decision on the merits of the case).

The court hearing the case at first instance can be any court of the judicial system, with the exception of the arbitration court of appeal. The procedure for considering a case by the Constitutional Court of the Russian Federation and the constitutional (statutory) courts of the constituent entities of the Russian Federation differs significantly from the generally accepted one. But it can also be called a consideration of the case at first instance, with one clarification - there are no other instances provided for in constitutional (statutory) proceedings.

Court of Appeal

The appellate instance in the modern Russian judicial system first appeared in the arbitration process. Currently, it is also available in criminal and civil proceedings in courts of general jurisdiction. On appeal, higher courts verify the legality and validity of judicial acts that have not entered into legal force, in cases considered by lower courts in the first instance, re-examining the case.

Judicial system Russia - is created in accordance with the Constitution of the Russian Federation and the Federal Constitutional Law "On the Judicial System of the Russian Federation" single totality all federal ships and courts of constituent entities of the Russian Federation, built in accordance with their competence and the goals and objectives set for them exercising judicial power.

The judicial system of Russia is established only by the Constitution of the Russian Federation and the Federal Constitutional Law "On the Judicial System of the Russian Federation". The judicial system of the Russian Federation consists only of courts established in accordance with the Constitution of the Russian Federation and the Federal Constitutional Law "On the Judicial System of the Russian Federation". The creation of emergency courts and courts not provided for by the Federal Constitutional Law “On the Judicial System of the Russian Federation” is not allowed.

In its most general form, the judicial system consists of independent and organizationally separated branches (subsystems). All courts included in the judicial system of the Russian Federation are divided into two main groups: federal courts and courts of constituent entities of the Russian Federation.

Federal courts include:

1) Constitutional Court of the Russian Federation;

2) Supreme Court of the Russian Federation, supreme courts of republics, regional and regional courts, courts of federal cities, courts of the autonomous region and autonomous districts 1,

district courts,

military and

specialized courts constituting federal systemcourts of general jurisdiction;

3) Supreme Arbitration Court of the Russian Federation, federal arbitration courts of districts ( arbitration cassation courts), arbitration courts of appeal, arbitration courts of constituent entities of the Russian Federation and specialized arbitration courts constituting system of federal arbitration courts;

4) Disciplinary judicial presence.

The courts of the constituent entities of the Russian Federation include :

1) constitutional (statutory) courts of the constituent entities of the Russian Federation;

2) justices of the peace, are judges of general jurisdiction of the constituent entities of the Russian Federation.

Any other courts, besides those indicated above, cannot be created or operate on the territory of Russia. Accordingly, any organizations, incl. and those whose name contains the word “court” (for example, arbitration court, including international commercial arbitration) are not judicial authorities.

Main features (features) of the judicial system:

1) ABOUT unity of the judicial system RF, including all branches (subsystems) of courts, we can speak within certain limits. They all have common tasks to protect the constitutional system, protect individual rights and freedoms and other social values. A certain common principles of organization and activity of all courts carrying out legal proceedings in various forms. All of them operate on the basis of the Constitution of the Russian Federation, apply uniform substantive laws in their activities, and carry out functions in accordance with procedural laws, which have many common features.

The judicial system is not just the sum of the courts, it is their logically complete set, where there is an organic relationship and unity between all the courts. Federal constitutional law "On the judicial system of the Russian Federation" in Art. 3 specifies that The unity of the Russian judicial system is ensured by:

Establishments of the judicial system of the Russian Federation by the Constitution of the Russian Federation and this Federal Constitutional Law;

Compliance by all federal courts and justices of the peace with the rules of procedure established by federal laws;

Application by all courts of the Constitution of the Russian Federation, federal constitutional laws, federal laws, generally recognized principles and norms international law and international treaties of the Russian Federation, as well as constitutions (charters) and other laws of the constituent entities of the Russian Federation;

Recognition of the mandatory execution throughout the territory of the Russian Federation of court decisions that have entered into legal force;

Legislative consolidation of the unity of the status of judges;

Funding of federal courts and justices of the peace from the federal budget. However, it should be taken into account that there are significant differences in the subject, and therefore, specific tasks ships various branches judiciary; there is no organizational and functional relationship, the courts of the three branches of the judiciary are essentially separate from each other

2) Judicial system of the Russian Federation mostly is built on a territorial principle, that is the jurisdiction of the court most often covers a certain administrative-territorial (district, city) or state-territorial unit (republic, region, territory, city of federal significance, etc.), on which it is located.

A)supreme courts of the republics, territories, regions, federal cities, autonomous okrugs, autonomous region 2 are created taking into account national-state structure, and district courts - taking into account the administrative-territorial division of the country.

b) Military courts are created on a territorial basis at the location military units and institutions of the Armed Forces of the Russian Federation, other troops, military formations and bodies. Military courts are located in places open to free access. At the same time, they exercise judicial power in the Armed Forces of the Russian Federation, other troops, military formations and federal executive authorities, in which military service is provided for by federal law.

V) Arbitration courts are also organized according to territorial And on a special basis- in accordance with arbitration districts

G) Justices of the peace carry out their activities within the court districts. At the same time, judicial districts are created based on the population size in one area from 15 to 23 thousand people. In administrative-territorial entities with a population of less than 15 thousand people, one judicial district is created.

3) Homogeneous courts (courts of general jurisdiction and arbitration courts) connected between themselves organizationally And functional.

Courts members of the judicial system organizationally linked like organsvarious parts of the judicial system . Due to the fact that the cases they consider differ in complexity and the specificity of the protected social relations, they vary by scope of competence. Courts at individual levels of the judicial system have the right to consider only those cases that are within their competence by law, that is, within their jurisdiction. Jurisdiction is determined by territorial, subject and personal characteristics.

Thus, content of the concept"link of the judicial system" determined by the range of powers and responsibilities granted to one or another judicial body, and the scope of duties performed by them ost.

The courts that make up a certain link in the judicial system have the same subject competence, a similar structure, the same functions, and in most cases operate within territorial units that are equal to each other in administrative status.

Functional connection between links due to the fact that each court performs one or more types of judicial activities – courts first, second (appeal), cassation or supervisory authority .

Concept link And instance are in close contact, but cannot be identified. Link is the concept of the judicial system, it determines the place of the court in the judicial system in accordance with its activities in a certain territory.

Underpart of the judicial system understand a group of vessels of the same level for which a homogeneous competence. On this basis federal courts General jurisdiction is divided into courts of the following levels:

Basics link – district, garrison military courts

Average link – regional and equal courts, district (naval) military courts

The Supreme Court of the Russian Federation is senior management in the system of courts of general jurisdiction.

System arbitration courts is four-link.

The main link perform arbitration courts of first instance in republics, territories, regions, federal cities, autonomous regions, autonomous districts (arbitration courts of constituent entities of the Russian Federation).

Middle management in the system of arbitration courts - arbitration courts of appeal And (arbitration cassation courts).

Top management in the system of arbitration courts is Supreme Arbitration Court of the Russian Federation.

Any procedural or organizational relationship between constitutional (statutory) courts of the Russian Federation and the Constitutional Court of the Russian Federation No. It is impossible to combine them into one system and, accordingly, to identify links in it. This is due to the following reasons. Decisions made by the constitutional (statutory) courts of the constituent entities of the Russian Federation are final and are not subject to revision, including by the Constitutional Court of the Russian Federation. The Constitutional Court of the Russian Federation, in principle, does not exercise any form of management over the activities of the constitutional (statutory) courts of the Russian Federation. Financing of the constitutional (statutory) courts of the constituent entities of the Russian Federation is carried out at the expense of the funds of the corresponding subject of the Federation, and the Constitutional Court of the Russian Federation - exclusively at the expense of the federal budget.

Instance- This concept of legal proceedings, a type of judicial activity determined by the goals of the proceedings in a particular instance.

The appointment of authority in ensuring the legality and validity of decisions made by the courts, eliminating violations, restoring justice and the violated rights of participants in the trial.

The Law on the Judicial System of the Russian Federation distinguishes superiors And inferior courts. This expresses difference in the competence of courts of different levels and their interrelationship, but any command and subordination between them is excluded.

Concept and types of courts

By the court called the court ( or the relevant division of the court), occupying a certain level in the judicial system and performing a certain function in the administration of justice.

Between the courts differ in terms of procedural powers: consideration of the case on the merits or judicial supervision.

We can talk about instances only in relation to courts of general jurisdiction and arbitration courts. The Constitutional Court of the Russian Federation and the constitutional (statutory) courts of the constituent entities of the Russian Federation differ in that their decisions are final and not subject to appeal, therefore there are no instances in constitutional proceedings .

Court of First Instance- this is a court (a subdivision of the court) that considers and resolves the case on its merits. This means that the court makes a decision on the merits of the case, i.e. on the main issue in the legal dispute between the parties - question of a person's guilt and punishment(application of administrative penalties) when resolving criminal and administrative cases, the issue of the fate of a civil claim(full or partial satisfaction of the plaintiff’s claims or refusal to satisfy them) when resolving civil cases.

In the subsystem of courts of general jurisdiction All courts can act, including the judicial collegiums of regional and equal courts, as well as the judicial collegiums of the Supreme Court of the Russian Federation (judicial collegiums, respectively, for civil and administrative matters, as well as the Military Collegium 3).

In the subsystem of arbitration courts as a court of first instance has the right to speak arbitration courts of the subjects RF, intellectual property court, judicial panels of the Supreme Arbitration Court of the Russian Federation, as well as federal arbitration courts of districts in cases of consideration of applications for the award of compensation for violation of the right to legal proceedings within a reasonable time in cases considered by arbitration courts, or for violation of the right to execution of judicial acts within a reasonable time, adopted by arbitration courts (introduced by the Federal Constitutional Law of April 30, 2010 N 3-FKZ).

In mid-level courts (regional and equivalent courts), and in the Supreme Court of the Russian Federation And Supreme Arbitration Court of the Russian Federation There are several authorities, each of which is independent and acts independently of other authorities.

The court's decision first instance may be appealed by the parties and other participants in the process in the manner established by procedural law.

The Law “On Courts of General Jurisdiction in the Russian Federation” reformed judicial instances in courts of general jurisdiction. So, appellate court authorized to check legality and validity decisions of lower courts, not joined into legal force, while vested with the rights of an appellate court along with district courts judicial panels ships middle management, judicial collegiums of the Supreme Court of the Russian Federation, including Military Collegium, as well as those created in the Supreme Court of the Russian Federation judicial panel for administrative cases And Board of Appeal.

Court cassation instance authorized to check legality decisions of lower courts, entered into legal force, while rights of the cassation courtin criminal cases in the subsystem courts of general jurisdiction are endowed judicial collegium And presidium of mid-level courts ( regional and equal courts ), judicial collegiums of the Supreme Court of the Russian Federation, respectively in administrative, criminal and civil cases, and Military Collegium.

Supervisory court has the right to check the legality and validity of decisions of lower courts, entered into legal force, at the same time, it has the right to act as a court of supervisory authority only Presidium of the Supreme Court of the Russian Federation.

In the subsystem of arbitration courts as appellate court arbitration courts of appeal, represented by their judicial panels, have the right to act as cassation court– federal arbitration courts of districts (arbitration courts of cassation) represented by their judicial panels, intellectual property court, as a court supervisory authority– The Supreme Arbitration Court of the Russian Federation represented by its presidium.

Supervisory authority is not the last stage at which the possibility of reviewing court decisions is exhausted . Such a limitation would make it impossible to correct many miscarriages of justice and restoration of the rights and legitimate interests of citizens violated as a result. Especially this is important in criminal proceedings where the convicted person may be subject to severe punishment, up to life imprisonment. In this regard, there is such an institution as the review of court decisions that have entered into legal force based on newly discovered circumstances. There is no court whose decisions would be considered final and could not be revised; there is neither a ban on the same body reviewing its own decisions, nor a ban on the repeated participation of judges in the consideration of a case.

In the Code of Criminal Procedure of the Russian Federation, unlike other procedural codes, this institution is called “resumption of criminal proceedings due tonew ornewly opened circumstances."

Specialized federal courts upon considerationcivil and administrative cases, jurisdictional courts of general jurisdiction, and economic disputes and other matters , considered by arbitration courts, are established by introducing amendments and additions to the Federal Constitutional Law “On the Judicial System of the Russian Federation”. The powers, procedure for the formation and activities of specialized federal courts are established by federal constitutional law.

Intellectual Property Court is specialized arbitration court considering cases within their competence on disputes related to the protection of intellectual rights.

Disciplinary judicial presence isjudicial authority considering cases of complaints on decisions Russian Federation And qualification boards of judges of the constituent entities Russian Federation on early termination of powers of judges for committing disciplinary offenses (hereinafter referred to as the complaint) and appeals on decisions of the High Qualification Board of Judges Russian Federation and qualification boards of judges of the constituent entities Russian Federation on the refusal to early terminate the powers of judges for committing disciplinary offenses (hereinafter referred to as the appeal).

Composition of the court when considering criminal cases,

civil and administrative cases

courts of general jurisdiction

It is necessary to distinguish between concepts chairman of the court(by position) and presiding judge, it can be either the chairman of the court himself or his deputies and judges of the given court.

Undercomposition of the court should be understood court officials authorized to exercise judicial power and make decisions on a case as a result of a meeting of a court of a certain instance, who are not only appointed in the prescribed manner, but are also part of the court’s staff. When considering cases with the participation of jurors, the panel of jurors is formed on the basis of the requirements of procedural law.

The procedure for attracting citizens to participate in criminal proceedings as jurors regulated by the Federal Law “On Jurors in Federal Courts of General Jurisdiction in the Russian Federation” of August 20, 2004.

Relatively new for domestic legal proceedings is Institute of Arbitration Assessors. The procedure for attracting citizens to participate in the administration of justice as jurors is regulated by the Federal Law “On Arbitration Assessors of Arbitration Courts of Subjects of the Russian Federation” dated May 30, 2001.

Z The legislation on judicial structure does not use the term “Court Structure”. For example, the Law on Courts of General Jurisdiction (Article 10 “Composition of the Supreme Court of the Russian Federation”) states that the relevant court acts as part of Plenum, Presidium, etc.... It seems that in this case the use of the word “composition” is not appropriate. More often it is used to designate the circle (number) of persons included in the presidium, collegium, etc. Therefore, the use in the literature of the expressions court structure, structural unit is quite legitimate.

Unlike the composition of the court judicial panels are created in judicial panels to consider cases in the courts of the first, appellate, cassation or supervisory instances.

The law provides for several types of composition of the court when considering cases by courts of general jurisdiction. They are:

1) judge alone;

2) a panel consisting of three judges of a federal court;

3) a panel of at least three federal court judges;

4) a federal court judge and a panel of twelve jurors.

Consideration of cases at first instance is in most cases carried out by judges alone, in the appellate, cassation and supervisory instances - only collegially. If cases are considered by a panel consisting of professional judges, one of them presides over the court session, and the votes of the judges when making a decision are equal.

Requirements for the composition of the court are established by procedural law depending on the type of legal proceedings (criminal, civil, administrative), the category of cases and the instance in which the case is being heard.

IN first instance As a general rule, criminal cases are considered by a judge alone.

Criminal cases within the jurisdiction of magistrates are always considered by them or, respectively, by judges of garrison military courts alone.

In district courts, garrison military courts, regional, regional and equivalent courts, judicial panels of the Supreme Court of the Russian Federation, consideration of cases at first instance, usually, is carried out single-handedly. By criminal cases about serious and especially serious crimes in the presence of a petition from the accused, filed before the appointment of a court hearing, consideration of cases Maybe be carried out panel of three judges appropriate federal court. In this case, one of the judges presides over the court session. In criminal cases under the jurisdiction of regional, regional and equivalent courts, at the request of the accused, criminal cases may be considered by a judge of the relevant court and a panel of twelve jurors.

Consideration of cases in appeal and in cassation procedure carried out by a court composed of three judges judicial panel in criminal cases of the regional, regional court and equivalent courts, the Judicial Collegium for Criminal Cases, the Military Collegium and the Appellate Collegium of the Supreme Court of the Russian Federation.

Case review by way of supervision in the Presidium of the Supreme Court of the Russian Federation is carried out by the majority of its members, i.e. more than half of its members. The presiding officer in this case is the chairman of the court, who heads the presidium, or his deputy.

A meeting of the Presidium of the Supreme Court of the Russian Federation is valid if a majority of the members of the Presidium are present.

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Powers of the magistrate:

stands as a court of first instance , considering criminal and civil cases, cases of administrative offenses within its jurisdiction, including:

Criminal cases about crimes for the commission of which the maximum penalty does not exceed three years of imprisonment

- affairs about divorce, if there is no dispute between the spouses about children

Affairs, arising from family legal relations, with the exception of cases of challenging paternity (maternity), establishing paternity, deprivation of parental rights, limiting parental rights, adoption of a child, other cases of disputes about children and cases of invalidation of marriage;

2) revises own solutions in civil cases, accepted by him in the first instance and entered into legal force,due to newly discovered circumstances

3)ensures the execution of court decisions in criminal cases, in cases established by law (Code of Criminal Procedure of the Russian Federation)

and etc.

Considers all cases alone.

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District Court is formed as part of the chairman of the district court, his deputy (deputies) and judges of the district court.

Considers all criminal, civil and administrative cases as a court of first instance, with the exception of cases referred by federal laws to the jurisdiction of other courts.

In cases established by federal law, considers cases of administrative offenses.

Speaking as a court of appeal, considering complaints and submissions against decisions of magistrates operating in the territory of the relevant judicial district that have not entered into legal force.

Revises affairs due to new or newly discovered circumstances.

Implements judicial control over the activities of the preliminary investigation bodies, considering complaints against the actions and decisions of the investigator and interrogating officer, as well as giving consent to these bodies to restrict the constitutional rights and freedoms of citizens in cases established by law ( for example, in connection with the use of detention, search, control and recording telephone conversations and etc.)

Ensures execution of legal proceedings decisions in criminal cases, in cases established by law (Code of Criminal Procedure of the Russian Federation)

and etc.

Considers cases both individually and collectively, consisting of three judges.

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The structure of the supreme court of the republic, territory, region, federal city, autonomous region, Autonomous Okrug are:

1) presidium

2) judicial panel for civil cases

3) judicial panel for criminal cases.

In order to bring justice closer to the location or place of residence of persons participating in the case, can be formed permanent judicial presence, located outside the permanent seat of the court, which is a separate division of the court and exercises its powers.

Consider cases as a court of first, appellate, cassation instances, based on new or newly discovered circumstances, and also carry out other powers in accordance with federal laws.

Presidium of the court :

1) stands as a court of cassation , checking legality entered into legal force decisions of district courts and magistrates, appellate rulings regional and equal courts, as well as the case due to new or newly discovered circumstances;

2) asserts upon the proposal of the chairman of the relevant court judicial compositions of the judicial collegium for civil cases and the judicial collegium for criminal cases from among the judges of this court;

3) presents annually on the proposal of the chairman of this court on statement High Qualification Board of Judges RF composition(s)judicial panel (judicial panels) judges said court, host (receiving)solution (solutions)on the issue of bringing a district court judge to administrative liability , and on other issues, provided for by the law of the Russian Federation on the status of judges in the Russian Federation.

The judicial system includes: federal courts and courts of constituent entities of the Russian Federation.

Federal courts include:

Constitutional Court of the Russian Federation;

The Supreme Court of the Russian Federation, the supreme courts of the republics, regional and regional courts, courts of federal cities, courts of the autonomous region and autonomous region and autonomous districts, district courts that make up the system of federal courts of general jurisdiction;

The Supreme Arbitration Court of the Russian Federation, federal arbitration courts of districts, arbitration courts of constituent entities of the Russian Federation, making up the system of federal arbitration courts.

The courts of the constituent entities of the Russian Federation include:

Constitutional (statutory) courts of the constituent entities of the Russian Federation;

Justices of the peace.

Main place courts of general jurisdiction occupy the judicial system. They have jurisdiction over all civil and administrative cases regarding the protection of violated or contested rights, freedoms and interests protected by law, except for cases related only to competencies the Constitutional Court or arbitration courts, as well as criminal and other cases.

Unity of the Russian judicial system is ensured by compliance by all courts with the rules of legal proceedings established by law, mandatory execution throughout Russia of court decisions that have entered into legal force, funding of federal courts and magistrates only from the federal budget, which should ensure the possibility of full and independent justice in accordance with federal law. Size budget funds can be reduced only with the consent of the All-Russian Congress of Judges or the Council of Judges of the Russian Federation.

Judges, jurors, people's and arbitration assessors participate in the administration of justice.

The hearing of cases in all courts is open, except in cases provided for by law.

All judges have the same status and differ only in their powers and competence.

The Constitutional Court of the Russian Federation is body of constitutional control, exercising judicial power through constitutional proceedings. The powers, procedure for the formation and activities of the Constitutional Court are established by federal constitutional law.

The Constitutional Court resolves cases on compliance with the Constitution of the Russian Federation, and also resolves disputes about the competence between government bodies of the Russian Federation and constituent entities of the Russian Federation, between the highest government agencies subjects of the Russian Federation.

The President of the Russian Federation may submit requests to the Constitutional Court. Chambers of the Parliament of the Russian Federation, members of the Federation Council or deputies State Duma(a fifth of the total amount), the Government of the Russian Federation, the Supreme Court, the Supreme Arbitration Court, government bodies of the constituent entities of the Russian Federation.

The President has an authorized representative in the Constitutional Court, who ensures the activities of the President of the Russian Federation as the guarantor of the Constitution of the Russian Federation, human rights and freedoms and representation of the interests of the President of the Russian Federation in the Constitutional Court.

The Constitutional Court does not consider criminal and civil cases, labor disputes, it does not supervise the actions of state bodies and officials, it does not have the right to repeal normative acts, but laws recognized by it as unconstitutional should not be applied.

The Constitutional Court considers the case and makes a decision collectively with the participation of those judges who were present during the process, by open voting.

Decision of the Constitutional Court final and cannot be appealed by any other government body, cannot be noted by anyone. Only in one case can the decision be final: if a citizen appeals to an interstate court for the protection of human rights and freedoms, having exhausted all legal remedies in his country.

The Constitutional Court consists of 19 judges, each of them is personally approved by the Federation Council on the proposal of the President of the Russian Federation for 12 years.

The Supreme Court of the Russian Federation is the highest authority in civil, criminal, administrative and other cases, jurisdictional courts of general jurisdiction. It exercises judicial supervision over the activities of courts, including military and specialized federal courts, being the directly superior court in relation to the supreme courts of republics, territories, regions, federal cities, autonomous regions and autonomous districts.

Each judge of the Supreme Court is appointed by the Council of the President of the Russian Federation.

The Supreme Court of the Russian Federation includes 115 judges.

Supreme Court of the Republic, regional, regional court, court of a federal city, autonomous region, autonomous district considers cases as a court of first and second instance, by way of supervision and in newly discovered circumstances, directly acts as a judicial authority in relation to district courts.

The district court considers cases as a court of first and second instance, and is a higher court in relation to justices of the peace.

Military courts are being created according to the territorial principle at the place of deployment of troops and fleets and exercise judicial power in the troops, bodies and formations where military service is provided for by law.

The Judicial Department operates under the Supreme Court of the Russian Federation. He is federal body on organizational support for the activities of the supreme courts of the republics, etc.

Organizational support includes measures of personnel, financial, logistical and other nature aimed at creating conditions for independent justice.

The Supreme Arbitration Court of the Russian Federation is body for resolving economic disputes and other cases considered by arbitration courts; a higher court in relation to the federal arbitration courts of districts and arbitration courts of the constituent entities of the Russian Federation.

The Federal Arbitration Court of the District considers cases as a court of cassation, and also, due to newly discovered circumstances, is a higher court in relation to the arbitration courts of the constituent entities of the Russian Federation operating in the territory of the judicial district.

The arbitration court of a constituent entity of the Russian Federation considers cases as a court of first and appellate instances, as well as based on newly discovered circumstances.

Specialized federal courts for the consideration of civil and administrative cases are established by introducing amendments and additions to the Law " About the judicial system of the Russian Federation ».

Constitutional (statutory) court of a constituent entity of the Russian Federation may be created by a subject of the Russian Federation to consider issues of compliance of regulatory acts of state authorities of a subject of the Russian Federation, local self-government with the constitution (charter) of a subject of the Russian Federation. The constitutional (statutory) court of a constituent entity of the Russian Federation is financed from the budget of the constituent entity of the Russian Federation.

The magistrate considers civil, administrative and criminal cases as a court of first instance. The powers and procedure for the activities of a magistrate judge are established by federal law and the law of a constituent entity of the Russian Federation.

Magistrates of the Russian Federation are judges of general jurisdiction of the constituent entities of the Russian Federation and are part of the unified judicial system of the Russian Federation.

Magistrates are appointed legislative bodies subjects of the Russian Federation or are elected by the population of the judicial district for a period of no more than 5 years.

Financing and logistical support for the activities of justices of the peace is provided from the federal budget, as well as from justice authorities or executive authorities of a constituent entity of the Russian Federation.

Relevant bodies are formed to express the interests of judges as bearers of judicial power. Supreme body judicial society is the All-Russian Congress of Judges, which forms the Council of Judges of the Russian Federation and the Higher Qualification Board of Judges of the Russian Federation.

The Council includes one representative from each subject of the Russian Federation. The Council considers issues of judicial practice, improvement of legislation, resource and staffing, and represents the interests of the community in legislative and executive authorities.

The judicial community itself, represented by the Council of Judges of the Russian Federation, monitors the work of judges. No one except him has the right to bring a judge to justice. administrative responsibility. The collegium removes from office judges who have committed an unworthy act.

The wider use of arbitration courts to resolve economic disputes can be of great assistance to arbitration courts. Resolution Supreme Council RF dated June 24, 1992 No. 3115-1 approved the Temporary Regulations on the Arbitration Court for the resolution of economic disputes.

The arbitration court provides the legality of procedures for the voluntary fulfillment of obligations under transactions, and in case of non-fulfillment by any party - forced execution by order of the arbitration court, which approves the decision of the arbitration tribunal without considering the case on the merits.

The arbitration court is financed by contributions from persons who seek resolution of disputes that have arisen in court.

The laws of the Russian Federation protect the interests of citizens " On appealing to the court actions and decisions that violate the rights and freedoms of citizens », « On the fundamentals of the civil service of the Russian Federation ».

(FKZ “On the judicial system in the Russian Federation”. Article 4. Courts in the Russian Federation

1. Justice in the Russian Federation is administered only by courts established in accordance with the Constitution of the Russian Federation and this Federal Constitutional Law. The creation of emergency courts and courts not provided for by this Federal Constitutional Law is not permitted.

2. In the Russian Federation there are federal courts, constitutional (statutory) courts and magistrates of the constituent entities of the Russian Federation, which make up the judicial system of the Russian Federation.

3. Federal courts include:

The Supreme Court of the Russian Federation, the supreme courts of the republics, regional and regional courts, courts of federal cities, courts of the autonomous region and autonomous districts, district courts, military and specialized courts that make up the system of federal courts of general jurisdiction;

The Supreme Arbitration Court of the Russian Federation, federal arbitration courts of districts, arbitration courts of constituent entities of the Russian Federation, making up the system of federal arbitration courts.

4. The courts of the constituent entities of the Russian Federation include: constitutional (statutory) courts of the constituent entities of the Russian Federation, justices of the peace, who are judges of general jurisdiction of the constituent entities of the Russian Federation.

Commentary on Article 4

1. The Constitution of the Russian Federation and the commented Federal Constitutional Law determine which courts in the Russian Federation have the right to administer justice as the main form of judicial activity.

Judicial power is vested only in state bodies formed in accordance with the procedure established by law. The court is a state body that occupies a special position in the system of the state mechanism, independent and independent from other state authorities. The court consists of judges - bearers of judicial power, appointed in accordance with the procedure established by law and acting on a professional basis.

Courts vary in the extent of the power they exercise. The jurisdiction of a particular court may extend to: a certain administrative-territorial entity (district, region, republic), a structural entity of the Armed Forces of the Russian Federation (garrison, flotilla, military district, branch of the Armed Forces), a judicial district (not coinciding with the administrative-territorial division).

In cases established by law judicial jurisdiction may apply to certain persons or social group(consideration of criminal cases on charges of committing crimes by judges in cases provided for by the Law on the Status of Judges; giving an opinion when raising the issue of removing the President of the Russian Federation from office by the highest judicial bodies of the Russian Federation in accordance with Article 93 of the Constitution of the Russian Federation).

2. Only courts established in accordance with the Constitution of the Russian Federation and the Federal Constitutional Law on the Judicial System of the Russian Federation can carry out special state activities - justice. The creation of courts not provided for by the Federal Constitutional Law is not permitted.

Justice is carried out only in accordance with the special procedure established by law - criminal and civil process, built on the basis of compliance with democratic principles and providing participants in legal proceedings with the necessary guarantees to protect their rights and interests.

The need for justice is determined by the need to resolve conflicts that systematically arise in society. Justice acts as a mechanism for protecting civil society and individuals.

The tasks of justice are in protecting against attacks on the rights and freedoms of citizens proclaimed by the Constitution of the Russian Federation and other laws; on the rights and legitimate interests of enterprises, other institutions and organizations; on the constitutional system of Russia; in strengthening law and order.

Purpose departures justice is the resolution of civil disputes related to the protection of the rights and interests of citizens and organizations, and cases of criminal offenses to establish a person’s guilt in committing a crime and the application of criminal punishment or his innocence, followed by acquittal.

Thus, justice can be defined as the implementation by the court of law enforcement activities based on compliance with democratic principles and expressed in the consideration and resolution of civil and criminal cases within the framework of the procedural order established by law, ensuring the possibility of applying state coercion to offenders, in conditions of respect for the legality, fairness and generally binding nature of the decisions made .

The concept of "justice" does not coincide with the concept of "legal proceedings". Legal proceedings cover not only the activities of courts in considering and resolving cases under their jurisdiction, but also the actions of other entities exercising their rights and obligations and entering into various organizational and procedural relations with the court and its apparatus.

3. The Law under comment defines the types of courts that make up the judicial system of the Russian Federation. These are federal courts, constitutional (statutory) courts and magistrates of the constituent entities of the Russian Federation.

When determining the status of courts, the Law on the Judicial System of the Russian Federation classifies the following judicial bodies as federal courts of the Russian Federation:

Constitutional Court of the Russian Federation;

The Supreme Court of the Russian Federation, supreme courts of republics, regional and regional courts, courts of federal cities, courts of autonomous regions and autonomous districts, district courts, military and specialized courts;

The Supreme Arbitration Court of the Russian Federation, federal arbitration courts of districts, arbitration courts of constituent entities of the Russian Federation.

These regulations, which form the system of courts of independent branches of the judiciary, have special meaning for subsequent approval of their organizational and procedural relationships.

Stands apart here The Constitutional Court of the Russian Federation, which occupies a special place in the judicial system due to the tasks facing it and the lack of jurisdiction over it judicial structures in the constituent entities of the Russian Federation (see commentary to Articles 18 and 27).

In the system of courts of general jurisdiction supervision of the judicial activities of all of the above courts is carried out by the Supreme Court of the Russian Federation as the highest judicial body in civil, criminal and administrative cases under the jurisdiction of courts of general jurisdiction. The above order of listing federal courts determines the hierarchy of higher and lower courts. The inclusion of military and specialized courts in this list also has a certain significance. Military courts have a number of features in their organization, structure and competence. Their inclusion in the system of courts of general jurisdiction emphasizes their belonging to general courts in terms of the application of substantive and material norms common to all these courts. procedural law, supervision by the Supreme Court of the Russian Federation (see commentary to Article 22).

Provided by this Law m to create specialized courts are pre-defined as federal with all the ensuing consequences relating to the status of these courts, the procedure for their formation, the appointment of judges, the provision of judicial activities and financing.

The arbitration courts of the constituent entities of the Federation are not called federal, unlike the arbitration courts of the districts. But their inclusion in the federal court system gives them this status.

4. For the first time, the legislation on the judicial system distinguishes the courts of the constituent entities of the Russian Federation.

Included in this system The constitutional (statutory) courts of the constituent entities of the Federation are not supervised by the Constitutional Court of the Russian Federation and are not in any organizational or procedural connection with it. In some republics, the legal status of these courts is determined by the constitution of the republic and individual acts (see commentary to Article 27).

By the Law on the Judicial System, magistrates are classified among the courts of the constituent entities of the Federation. The peculiarity of their legal status is that at the same time they are recognized by courts of general jurisdiction, i.e. will be guided by federal laws in the administration of justice. Organizing the work of justices of the peace and ensuring their activities is entrusted to the authorities of the constituent entities of the Federation, although funding will be provided from the federal budget (see commentary to Article 28).

Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation, Supreme Arbitration Court of the Russian Federation, created in accordance with the Constitution, can be abolished only by amending the Constitution of the Russian Federation. Other federal courts are created and abolished only by federal law. At the same time, no court can be abolished if the issues of administration of justice within its jurisdiction were not simultaneously transferred to the jurisdiction of another court.

The law provided for an exhaustive list of judicial authorities.

The judicial system of the Russian Federation consists of federal courts and courts of constituent entities of the Russian Federation.

The Law included the Constitutional Court of the Russian Federation as federal courts; courts of general jurisdiction, including military and specialized courts; arbitration courts.

In turn, the constitutional (statutory) courts of the constituent entities of the Russian Federation, as well as magistrates, were classified as courts of the constituent entities of the Federation.

The overwhelming majority of courts received federal status. This approach follows from paragraph “o” of Art. 71 of the Constitution of the Russian Federation that the judicial system is the subject of the exclusive jurisdiction of the Federation and should be regulated on the basis of the relevant federal law.

Judicial model, proposed Russian law, is unprecedented. It could be characterized as highly centralized, in contrast to the decentralized and moderately centralized model common among federal states.

The Russian judicial system, now enshrined in constitutional law, has no analogues in the world.

Specialized justice allows involve the most competent specialists in resolving certain categories of legal disputes, and, therefore, with the greatest degree of probability, give them an adequate legal assessment and make a fair decision. Other advantages of specialized justice may be the unloading of courts of general jurisdiction and simplified proceedings.

The presence of specialized justice does not violate the principle of unity of the judicial system. The activities of ordinary and specialized courts are equally subordinate to the Constitution of the Russian Federation and the Federal Constitutional Law under consideration: both the former and the latter administer justice, guided by general principles judicial system.

The third chapter ends with the statement, dedicated legal status justices of the peace. The institution of justices of the peace is not new in the Russian judicial system. He was known to the Judicial Statutes of 1864. As then, the main range of issues within the competence of the magistrate is expected to include criminal cases of crimes of minor gravity, civil cases with at a small price claims for the protection of honor and dignity in the field of marriage and family relations, special proceedings, as well as cases of administrative offenses.

Justices of the peace - the only type of courts of general jurisdiction, which is a court of a constituent entity of the Russian Federation. Their positions are created and abolished by the laws of the relevant subject, in particular, the law on the election of a justice of the peace. However, the powers and procedure for their activities are also established at the level of federal law.

The procedure for granting powers to justices of the peace will differ significantly from this procedure in relation to all other judges. They should not be appointed by government agencies, but elected by the population of the area over which they have jurisdiction. Moreover, if the powers of judges of federal courts are not limited to a certain term, then justices of the peace are elected for a period of five years. After the expiration of the five-year term, the person who held the position of justice of the peace will be entitled to re-nominate himself for this position. It is assumed that the re-election of a citizen as a justice of the peace increases his term of office to ten years. This procedure is predetermined by the appointment of justices of the peace as a court of first instance, designed to really ensure accessibility judicial protection rights and freedoms of citizens.

Due to high legal costs associated with the expected high workload of justices of the peace, on the one hand, and the lack of Money In local budgets, on the other hand, their activities are also expected to be financed from the federal budget.

The procedure for financing the activities of the courts of the Russian Federation is regulated in detail by Art. 33 of the Law on the Judicial System.

Court funding is now available based on standards approved by federal law and indicated as separate lines in the federal budget. This is, first of all, aimed at eliminating the danger of actual subordination of the courts to representative and executive bodies local government authorities. The only exception to this rule is the constitutional (statutory) court of a constituent entity of the Russian Federation, the financing of which, according to paragraph 2 of Art. 27 of the Law, is carried out at the expense of the budget of the corresponding subject of the Federation).