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

The Constitution of the Russian Federation establishes: "The rights and freedoms of a person and a citizen determine the meaning, content and application of laws, the activities of the legislative and executive authorities, local self-government and are provided with justice." Justice is achieved by the activity of the courts. Judicial branch in the Russian Federation, according to the principle of separation of powers, is independent branch of government. The task of the judiciary- administration of justice.

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

Judges in the Russian Federation operate in accordance with principles:

1) justice is carried out 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 main principles of judiciary in RF:

1) publicity of legal proceedings;

2) direct consideration of cases by courts;

3) competitiveness and equality of the parties.

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

Federal courts:

1) Constitutional Court RF;

2) Supreme Court 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 RF, federal arbitration courts of districts (arbitration courts of cassation), arbitration courts of appeal, arbitration courts of constituent entities of the Russian Federation, which make up the system of federal arbitration courts.

Courts of the constituent entities of the Russian Federation: 1) constitutional (charter) courts of the constituent entities of the Russian Federation; 2) magistrates.

federal courts of general jurisdiction in Russian Federation: legal framework, 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 regions, Moscow and St. Petersburg city courts, district (city) courts, and the system of military courts.

The federal courts in the courts of general jurisdiction also include specialized courts (these are not emergency courts, and their creation is not caused by emergency). Currently, there are no specialized courts in the Russian Federation, although the concept of the 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 within the jurisdiction of courts of general jurisdiction.

2. The Supreme Court of the Russian Federation shall, within the stipulated 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 the limits of its competence, considers cases as a court of second instance, by way of supervision and 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 the republics, regional (regional) courts, courts of cities federal significance, courts of the autonomous region and autonomous regions, 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 operation of the Supreme Court of the Russian Federation are established by federal constitutional law.

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

The district court is composed of professional judges, the number of which should be determined by the workload of judges in adjudicating 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 justice of the peace considers in the first instance:

1. criminal cases on crimes for which a maximum sentence may be imposed, not exceeding three years' imprisonment;

2. extradition cases court order;

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

4. cases on the division of jointly acquired property between spouses, if the value of the property does not exceed 50,000 rubles;

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

6. cases on property disputes with the value of the claim not exceeding 50,000 rubles;

7. cases on determining the procedure for the use of property;

8. cases administrative offenses referred to the competence of the justice of the peace by the Code of the Russian Federation on Administrative Offenses or by the laws of the constituent entities of the Federation.

Military courts

Military (naval) district courts are the 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. Formerly known as military tribunals. The system of military courts consists of the military collegium of the Supreme Court of Russia (highest level); military court of the Armed Forces, districts, groups of troops (second link); military courts of armies, formations, flotillas, garrisons (the first link).
Military courts hear criminal cases:
a) about crimes committed by military personnel of the Armed Forces, liable for military service during their training camps, as well as officers, warrant officers, midshipmen, sergeants and sailors of bodies 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(Articles 9, 12 of the Regulations on military tribunals). The system of military courts also deals with the resolution of civil cases between military personnel and the Ministry of Defense (other federal bodies, where provided military service) and the consideration of cases of administrative offenses of military personnel, subordinated in accordance with the Code of Administrative Offenses of the Russian Federation to courts of general jurisdiction.

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:

· The 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 the republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts

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

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

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

assistance in strengthening the rule of law and preventing offenses in the field of entrepreneurial 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, competitiveness and equality of the parties, publicity of the proceedings.

The courts of the constituent entities of the Russian Federation include constitutional (charter) courts of the constituent entities of the Russian Federation and justices of the peace, which are courts of general jurisdiction (parts 2 - 4, article 4 of the Federal constitutional law "On the judicial system of the Russian Federation").

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

Each subject of the Russian Federation independently develops and establishes the procedure for legal proceedings carried out by the constitutional (charter) court of this subject of the Russian Federation by the law of the subject of the Russian Federation. Meanwhile, one of the provisions that make up this procedure 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 (charter) court of the subject of the Russian Federation, adopted within 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 also carried out at the expense of the budget of the corresponding constituent entity of the Russian Federation, and not at the expense of the federal budget.

Judges of general jurisdiction of the constituent entities of the Russian Federation are justices of the peace. 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 activities of justices of the peace is 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 justices of the peace in criminal and civil affairs, is established by the Code of Criminal Procedure and the Code of Civil Procedure, and in terms of the administration of justice in cases of administrative offenses, it can 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 link of the judicial system and the judicial instance.

First instance, appellate instance,

court of cassation, supervisory authority,

reopening of the proceedings due to new and

newly discovered facts

(revision judgments for newly opened or

new circumstances)

3.4.1. Link of the judicial system

Depending on what kind of ships in question, the courts that make up the judicial system of the Russian Federation are divided into certain groups- links. The federal courts of general jurisdiction have three links, the commercial courts have five links. The Constitutional Court of the Russian Federation is one, 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 conventionality, since it is historically customary to include the Supreme Court of the Russian Federation and all military courts, including district (naval) military courts and garrison military courts. With regard to the system of arbitration courts, a separate place is occupied by the Court for Intellectual Property Rights. It has a specific competence, and therefore it should not be included in any of the four links of the system of arbitration courts that existed before its creation.

The courts of the second (middle) level of federal courts of general jurisdiction include regional, regional courts, the Supreme Courts of the republics, the 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 on appeal, cassation and on newly discovered or new circumstances (due to new or newly discovered circumstances).

Courts of the first (main) link of federal courts of general jurisdiction are all types of district courts. The courts of this link are considering a large number of criminal and civil cases, as well as cases of administrative offenses under the jurisdiction of courts of general jurisdiction, the proceedings on 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 in the first instance, appellate instance and in newly discovered or new circumstances.

Subordinate to the district courts are justices of the peace, who are not included in the system of federal courts of general jurisdiction. They form one of the links of 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, not three, links. The first link in it is assigned to the arbitration courts of the constituent entities of the Russian Federation. The second - to arbitration courts of appeal. The third - to federal arbitration courts of districts. And finally, the fourth - to the Supreme Arbitration Court of the Russian Federation. An independent link in the system of arbitration courts is the Court for Intellectual Property Rights.

The link of the judicial system of the subjects of the Russian Federation and in this sense, the link of the judicial system of the Russian Federation should also be recognized as the constitutional (charter) courts of the subjects of the Russian Federation.

3.4.2. The concept and types of judicial instances

A link is a judicial concept. The judicial instance is the judiciary. The tribunal is the procedure prescribed by law for the consideration of 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. Court of Appeal.

3. Cassation instance.

4. Supervisory authority.

5. Resumption of proceedings in the case due to new and newly discovered circumstances (review of court decisions 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 procedure for considering a case by a court - consideration by a court of cases on 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 carried out for the first time and the main part of all the principles of justice is implemented, from the open trial of cases in all courts to the independence of judges and their subordination only to the law, etc.

Proceedings in the 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, presentation for identification, examination, testimonies given during the preliminary investigation, as well as protocols of investigative actions, conclusions of experts (specialists), documents attached to the case or presented at the court session, a sound recording of testimonies was played, a forensic examination was appointed and carried out.

However, due to such a feature of this instance as immediacy, during the trial, the record of the interrogation of a witness drawn up at the stage of preliminary investigation is not read out if it is possible for the entire composition of the court to hear the testimony of the witness. For the same reasons, the court does not get acquainted with the record of the examination of the object - edged weapons, but examines the material evidence itself, etc. The defendant, the parties, the witness and other interested persons are summoned to the court session.

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

Any court of the judicial system, with the exception of the arbitration court of appeal, may act as a court hearing a case at first instance. The procedure for considering a case by the Constitutional Court of the Russian Federation, constitutional (charter) courts of the constituent entities of the Russian Federation differs significantly from the generally accepted procedure. But it can also be called the consideration of the case in the first instance with one clarification - there are no other instances in the constitutional (charter) legal 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 the criminal and civil proceedings of the courts of general jurisdiction. In the appeal procedure, higher courts check the legality and validity of judicial acts that have not entered into legal effect, in cases considered by lower courts in the first instance, re-examining the case.

Judicial system Russia - it 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 aggregate all federal courts and courts of subjects 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 separate branches (subsystems). All courts included in the judicial system of the Russian Federation are divided into two main groups: federal courts and courts of the constituent entities of the Russian Federation.

Federal courts include:

1) Constitutional Court of the Russian Federation;

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

district courts,

military and

specialized the courts that make up system of federalcourts 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 the constituent entities of the Russian Federation and specialized arbitral tribunals federal arbitration system;

4) Disciplinary Judicial Presence.

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

1) constitutional (charter) courts of subjects of the Russian Federation;

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

Any other courts, in addition to those indicated above, cannot be created and operate on the territory of Russia. Accordingly, any organizations, incl. and those whose title contains the word "court" (for example, arbitration court, including international commercial arbitration), are not bodies of judicial power.

The main features (features) of the judicial system:

1) ABOUT unity of the judiciary RF, including all branches (subsystems) of the courts can be spoken within certain limits. All of them have uniform tasks for the protection of the constitutional order, the protection of the rights and freedoms of the individual and other social values. There is a certain commonality of 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 perform functions in accordance with procedural laws that 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, unity between all the courts. Federal constitutional law "On the judicial system of the Russian Federation" in Art. 3 defines that The unity of the judicial system of Russia is ensured by:

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

Observance by all federal courts and magistrates of 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 subjects of the Russian Federation;

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

Legislative consolidation of the unity of the status of judges;

Financing 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 hence specific tasks courts various branches the 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 built on a territorial basis, 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 districts, autonomous region 2 created taking into account national-state structure, and district courts - taking into account the administrative-territorial division of the country.

b) Military courts are established on a territorial basis by 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 bodies in which military service is provided for by federal law.

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

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

3) Homogeneous Courts (courts of general jurisdiction and arbitration courts) connected between themselves organizational And functionally.

Courts included in the judicial system, organizationally related as organsvarious parts of the judicial system . Due to the fact that the cases they consider differ in complexity, the specifics of protected public relations, they differ by scope of competence. The courts of individual parts of the judicial system have the right to consider only those cases that are referred to their competence by law, that is, within their jurisdiction. Jurisdiction is determined by territorial, subject and personal features.

Thus, concept content"link of the judicial system" determined by the scope of powers and duties granted to certain judicial bodies, and the volume of duties performed by them awns.

The courts, which constitute 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 equivalent to each other in terms of administrative position.

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

concept link And instance closely related, but it is impossible to identify them. Link is the concept of the judiciary, he determines the place of the court in the judicial system in accordance with its activities in a certain territory.

Underpart of the judiciary understand a group of ships of the same level for which a homogeneous competence. On this basis federal courts general jurisdiction are divided into courts of the following levels:

Main 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-tier.

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

middle link in the system of arbitration courts - arbitration courts of appeal And (arbitration courts of cassation).

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

Any procedural or organizational relationship between constitutional (charter) 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 single out links in it. This is due to the following reasons. Decisions adopted by the constitutional (charter) courts of the constituent entities of the Russian Federation are final and not subject to revision, including by the Constitutional Court of the Russian Federation. The Constitutional Court of the Russian Federation, in principle, does not manage in any form the activities of the constitutional (charter) courts of the Russian Federation. Financing of the constitutional (charter) courts of the subjects 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 the concept of legal proceedings, a kind of judicial activity, due to the objectives of the proceedings in one instance or another.

The appointment of instances in ensuring the legality and validity of decisions made by the courts, the elimination of violations, the restoration of justice and the violated rights of participants in the trial.

The law on the judicial system of the Russian Federation distinguishes superior And downstream courts. This expresses difference in the competence of the courts of different levels and their relationship of instances, but any bossing and subordination between them is excluded.

The concept and types of judicial instances

Court of Justice called the court or the relevant division of the court), which occupies a certain level in the judicial system and performs 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 review.

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 (charter) 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 the court (subdivision of the court), considering and resolving the case on the merits. This means that the court decides on the merits of the case, i.e. on the main issue in the legal dispute of the parties - the question of the guilt of a person and his punishment(application of administrative penalty) 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 may speak, including judicial chambers of regional and equal courts, as well as judicial chambers of the Supreme Court of the Russian Federation (judicial chambers, respectively, for civil and administrative affairs, 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 chambers of the Supreme Arbitration Court of the Russian Federation, as well as federal arbitration courts of districts in cases of consideration of applications for awarding 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 Federal Constitutional Law No. 3-FKZ of April 30, 2010).

In middle-level courts (regional and equal courts), and in the Supreme Court of the Russian Federation And Supreme Arbitration Court of the Russian Federation there are several instances, while each of them is independent and acts independently of other instances.

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

The Law "On the Courts of General Jurisdiction in the Russian Federation" reformed the courts in the courts of general jurisdiction. So, court of appeal authorized to check legitimacy and validity decisions of lower courts who did not join into force, while the rights of the appellate court are vested along with district courts judicial chambers courts middle management, judicial chambers of the Supreme Court of the Russian Federation, including Military Board, as well as those created in the Supreme Court of the Russian Federation judicial board for administrative cases And Board of Appeal.

Court cassation instance authorized to check legitimacy decisions of lower courts who entered into force, while the rights of the court of cassationon criminal cases in the subsystem courts of general jurisdiction endowed judicial colleges And presidium of middle-level courts ( regional and equal courts ), judicial chambers of the Supreme Court of the Russian Federation, respectively in administrative, criminal and civil cases, and Military board.

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

In the subsystem of arbitration courts as court of appeal have the right to act as arbitration courts of appeal, represented by their judicial chambers, as court of cassation– federal arbitration courts of districts (arbitration courts of cassation) represented by their judicial chambers, 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 judicial review 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 of this. Especially this is important in criminal proceedings where the convicted person may be subjected to severe punishment up to life imprisonment. In this regard, there is such an institution as the revision of court decisions that have entered into force, according to newly discovered circumstances. There is no such court whose decisions would be considered final and could not be reviewed, neither the prohibition of reviewing its own decisions by the same instance, nor the prohibition of repeated participation of judges in the consideration of the case.

In the Code of Criminal Procedure of the Russian Federation, unlike other procedural codes, this institution is referred to as "the resumption of proceedings in a criminal case due tonew ornewly opened circumstances."

Specialized federal courts for considerationcivil and administrative cases, jurisdictional courts of general jurisdiction, and economic disputes and other cases , 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 operation of specialized federal courts are established by federal constitutional law.

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

Disciplinary Judicial Presence isjudiciary, dealing with complaints for decisions Russian Federation And qualification boards of judges of the subjects Russian Federation on the early termination of the powers of judges for committing disciplinary offenses (hereinafter referred to as the complaint) and appeals on the decisions of the High Qualification Board of Judges Russian Federation and qualification boards of judges of the subjects Russian Federation on the refusal to early termination of the powers of judges for committing disciplinary offenses (hereinafter referred to as appeal).

The composition of the court when considering criminal,

civil and administrative cases

courts of general jurisdiction

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

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

The procedure for attracting citizens to participate in criminal proceedings as jurors regulated by the Federal Law "On jurors of federal courts of general jurisdiction in the Russian Federation" dated August 20, 2004.

Relatively new for domestic legal proceedings is institute of arbitrators. 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 the Subjects of the Russian Federation" dated May 30, 2001 No.

W The legislation on the judiciary 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”) indicates that the relevant court operates as part of Plenum, Presidium, etc. .... It seems that in this case the use of the word "composition" is not successful. More often it is used to denote the circle (number) of persons who are part of the presidium, collegium, etc. Therefore, the use of the expressions structure of the court, structural unit in the literature is quite legitimate.

Unlike the composition of the court panel of judges are created in judicial boards for consideration of cases in courts of the first, appeal, cassation or supervising instances.

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

1) a single judge;

2) a panel consisting of three federal court judges;

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 in most cases is carried out by judges alone, in appellate, cassation and supervisory instances - only collegiately. In the case of consideration of cases by a panel consisting of professional judges, one of them presides over the court session, while the votes of the judges when making a decision are equal.

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

IN first instance as a general rule, criminal cases are heard by a judge alone.

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

In district courts, garrison military courts, regional, regional and equivalent courts, judicial boards of the Supreme Court of the Russian Federation, consideration of cases at first instance, usually, carried out alone. By criminal cases on grave and especially grave crimes in the presence of the petition of the accused, declared before the appointment of the court session, consideration of cases Maybe carried out panel of three judges the relevant federal court. At the same time, one of the judges presides over the court session. In criminal cases within 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 administered by a court of three judges judicial board on 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.

Consideration of cases by way of supervision in the Presidium of the Supreme Court of the Russian Federation is carried out by the majority of its composition, i.e. over half of its members. In this case, the presiding judge is the chairman of the court, who heads the presidium, or his deputy.

The session of the Presidium of the Supreme Court of the Russian Federation is competent if there is a majority of the members of the Presidium.

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Powers of Justice of the Peace:

speaks as a court of first instance , considering criminal and civil cases related to its jurisdiction, cases of administrative offenses, including:

Criminal cases on crimes for which the maximum penalty does not exceed three years in prison

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

Affairs, arising from family law relations, with the exception of cases on contesting paternity (maternity), on establishing paternity, on deprivation of parental rights, on restriction of parental rights, on the adoption (adoption) of a child, other cases on disputes about children and cases on recognizing a marriage as invalid;

2) is revising own solutions on civil cases, adopted by him in the first instance and entered into force,according to new 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.

All cases are considered 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.

Speaker as a court of appeal, considering complaints and submissions against decisions of justices of the peace, acting in the territory of the respective judicial district, that have not entered into force.

Revises affairs due to new or newly discovered circumstances.

Implements judicial control over the activities of the bodies of preliminary investigation, considering complaints against the actions and decisions of the investigator and the interrogator, 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 application of detention, search, control and recording telephone conversations and etc.)

Ensures enforcement of court decisions on criminal cases, in cases established by law (Code of Criminal Procedure of the Russian Federation)

and etc.

He 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, city of federal significance, autonomous region, autonomous region are:

1) presidium

2) judicial board for civil cases

3) Judicial Collegium for Criminal Cases.

In order to bring justice closer to the location or place of residence of the persons participating in the case, can be formed permanent judicial presence located outside the place of permanent residence of the court, which is a separate subdivision 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) speaks as a court of cassation , checking legitimacy entered into force decisions of district courts and justices of the peace, appeal rulings regional and equal courts, as well as cases due to new or newly discovered circumstances;

2) claims on the recommendation of the chairman of the relevant court the judicial composition of the Judicial Collegium for Civil Cases and the Judicial Collegium for Criminal Cases from among the judges of this court;

3) presents annually at the suggestion of the president of this court on statement High Qualification Board of Judges RF composition(s)judicial board (judicial boards) judges said court, host (host)solution (solutions)on the issue of bringing to administrative responsibility a judge of a district court , 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 subjects of the Russian Federation.

The federal courts are:

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, which make up the system of federal arbitration courts.

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

Constitutional (charter) courts of subjects of the Russian Federation;

Justices of the peace.

main place in the judiciary is occupied by courts of general jurisdiction. They have jurisdiction over all civil and administrative cases on the protection of violated or disputed rights, freedoms and legally protected interests, except for cases referred only to competencies Constitutional Court or arbitration courts, as well as criminal and other cases.

Unity of the judicial system of Russia is ensured by the observance by all courts of the rules of legal proceedings established by law, the obligatory execution throughout Russia of court decisions that have entered into legal force, the financing of federal courts and justices of the peace only from the federal budget, which should ensure the possibility of full and independent justice in accordance with federal law. Size budget funds may 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 trial 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 operation of the Constitutional Court are established by federal constitutional law.

The Constitutional Court resolves cases on compliance with the Constitution of the Russian Federation, as well as resolves disputes about competence between state authorities of the Russian Federation and subjects of the Russian Federation, between the highest government bodies subjects of the Russian Federation.

The President of the Russian Federation may apply to the Constitutional Court with requests. Chambers of the Parliament of the Russian Federation, members of the Federation Council or deputies State Duma(a fifth of the total), the Government of the Russian Federation, the Supreme Court, the Supreme Arbitration Court, state authorities of the constituent entities of the Russian Federation.

The President has plenipotentiary representative in the Constitutional Court, which ensures the activities of the President of the Russian Federation as a 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 cancel normative acts, but laws recognized by it as unconstitutional should not be applied.

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

Decision of the Constitutional Court final and cannot be challenged by any other state body, can not be noted by anyone. Only in one case can a decision be final: if a citizen has applied to an interstate court for the protection of human rights and freedoms, having exhausted all remedies by law 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 body for civil, criminal, administrative and other cases, jurisdictional courts of general jurisdiction. It exercises judicial supervision over the activities of the courts, including military and specialized federal courts, being a directly superior court in relation to the supreme courts of the republics, territorial, regional, 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 composition of the Supreme Court of the Russian Federation includes 115 judges.

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

The district court considers cases as a court of first and second instances, 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 of the activities of the supreme courts of the republics, etc.

Organizational support includes personnel, financial, logistical and other measures aimed at creating conditions for an independent judiciary.

The Supreme Arbitration Court of the Russian Federation is a body for resolving economic disputes and other cases considered by arbitration courts; a higher court in relation to the federal arbitration courts of the districts and the arbitration courts of the subjects 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 appeal instances, as well as on newly discovered circumstances.

Specialized federal courts for the consideration of civil and administrative cases are established by amending and supplementing the Law " About the judicial system of the Russian Federation ».

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

The justice of the peace considers civil, administrative and criminal cases as a court of first instance. The powers and procedure for the activity of a justice of the peace 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.

Justices of the peace are appointed legislatures subject of the Russian Federation or elected by the population of the judicial district for a period of not more than 5 years.

Financing and material and technical support for the activities of justices of the peace is carried out from the federal budget, as well as from the justice authorities or executive authorities of the constituent entity of the Russian Federation.

Relevant bodies are formed to express the interests of judges as holders of judicial power. supreme body The 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, represents the interests of the community in the legislative and executive authorities.

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

Greater assistance to arbitration courts can be provided by the wider use of arbitration courts to resolve economic disputes. Decree Supreme Council RF dated June 24, 1992 No. 3115-1, the Temporary Regulations on the Arbitration Court for the Resolution of Economic Disputes were approved.

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

The Arbitration Court is financed by deductions from persons who apply to the court for resolution of disputes that have arisen.

The laws of the Russian Federation act to guard the interests of citizens " On the appeal to the court of actions and decisions that violate the rights and freedoms of citizens », « On the fundamentals of the public 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 allowed.

2. The Russian Federation has federal courts, constitutional (charter) courts and justices of the peace of the subjects of the Russian Federation, which constitute 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 cities of federal significance, 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 that make up the system of federal arbitration courts.

4. The courts of the constituent entities of the Russian Federation include: constitutional (charter) 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 are entitled 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 state mechanism, independent and independent from other bodies of state power. The court consists of judges - holders of judicial power, appointed in accordance with the procedure established by law and acting on a professional basis.

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

In cases prescribed by law judicial jurisdiction may apply to certain persons or social group(consideration of criminal cases on charges of committing crimes of judges in cases provided for by the Law on the Status of Judges; giving an opinion upon initiating the issue of impeachment of the President of the Russian Federation 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 may carry out a special state activity - justice. The creation of courts not provided for by the Federal Constitutional Law is not allowed.

Justice is carried out only in the manner prescribed by law, a special procedure - criminal and civil process, built on the basis of observing 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 the individual.

The tasks of justice are in protection from encroachments 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.

aim departures justice is the resolution of civil law disputes related to the protection of the rights and interests of citizens and organizations, and cases of criminal offenses to establish the guilt of a person in the commission of a crime and the application of criminal punishment or his innocence, the recognition of which is followed by an acquittal.

Thus, justice can be defined as the implementation by the court of law enforcement activities based on the observance of democratic principles and expressed in the consideration and resolution of civil and criminal cases within the framework of the procedural order established by law, which ensures the possibility of applying state coercion to offenders, in conditions of compliance with the rule of law, fairness and universally binding decisions .

The concept of "justice" does not coincide with the concept of "justice". Legal proceedings cover not only the activities of the courts to consider and resolve 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, with its apparatus.

3. The commented Law determines the types of courts that make up the judicial system of the Russian Federation. These are federal courts, constitutional (charter) courts and magistrates of the constituent entities of the Russian Federation.

Determining the status of the courts, the Law on the Judicial System of the Russian Federation includes the following judicial bodies among the federal courts of the Russian Federation:

Constitutional Court of the Russian Federation;

the Supreme Court of the Russian Federation, supreme courts of the republics, regional and regional courts, courts of cities of federal significance, courts of the autonomous region 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 systems of courts of independent branches of the judiciary, have special meaning for the 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 it faces and the absence of jurisdictional 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 The Supreme Court of the Russian Federation, as the highest judicial body in civil, criminal and administrative cases, within the jurisdiction of courts of general jurisdiction, supervises the judicial activities of all the above courts. The above order of enumeration of federal courts determines the hierarchy of higher and lower courts. The inclusion of military and specialized vessels in this list is also of some importance. Military courts have a number of features in terms of 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 the norms of substantive and procedural law, supervised by the Supreme Court of the Russian Federation (see commentary to Article 22).

Provided by this Law Before the creation of specialized courts, they are determined in advance as federal ones, with all the ensuing consequences regarding the status of these courts, the procedure for their formation, the appointment of judges, the provision of judicial activities and funding.

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

4. For the first time in the legislation on the judiciary, the courts of the constituent entities of the Russian Federation are singled out.

Included in this system constitutional (charter) courts of the subjects 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, by separate acts (see commentary to article 27).

The law on the judiciary refers justices of the peace to the number of 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 in the administration of justice by federal laws. The organization of the work of justices of the peace, the provision of their activities is entrusted to the authorities of the constituent entities of the Federation, although funding will be made 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 only be abolished 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 related to its jurisdiction were not simultaneously transferred to the jurisdiction of another court.

The law provided for an exhaustive list of judicial bodies.

The judicial system of the Russian Federation is made up of federal courts and courts of constituent entities of the Russian Federation.

The Constitutional Court of the Russian Federation was referred to federal courts by the Law; courts of general jurisdiction, including military and specialized courts; arbitration courts.

In turn, the constitutional (charter) courts of the constituent entities of the Russian Federation, as well as justices of the peace, were referred to the courts of the constituent entities of the Federation.

The vast majority of courts received federal status. This approach follows from paragraph "o" Art. 71 of the Constitution of the Russian Federation that the judiciary is within the exclusive jurisdiction of the Federation and should be regulated on the basis of the relevant federal law.

judiciary model, proposed Russian law, is unprecedented. It could be described as highly centralized, in contrast to the decentralized and moderately centralized model common among states with a federal form of structure.

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

Specialized justice allows involve the most competent specialists in the resolution of certain categories of legal disputes, and, therefore, with the greatest degree of probability to 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 a simplified procedure for proceedings.

The presence of specialized justice does not violate the principle of unity of the judiciary. 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 first and the last administer justice, guided by general principles judiciary.

Completes the third chapter dedicated legal status world judges. The institute of magistrates is not new in the Russian judiciary. He was known to the Judicial Statutes of 1864. As then, the main range of issues within the competence of the justice of the peace is supposed to include criminal cases on crimes of minor gravity, civil cases with at a small price lawsuit, 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 the court of the subject of the Russian Federation. Their positions are created and abolished by the laws of the respective subject, in particular, by 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 vesting justices of the peace with powers will be significantly different from this procedure in relation to all other judges. They should not be appointed by government bodies, but elected by the population of the area to which their jurisdiction extends. Moreover, if the powers of judges of federal courts are not limited to a certain period, 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 his candidacy 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 the availability judicial protection rights and freedoms of citizens.

Due to high legal costs associated with the alleged high workload of justices of the peace, on the one hand, and the lack Money in local budgets, on the other hand, their activities are also supposed 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.

Financing of the courts is now carried out on the basis of standards approved by federal law and is indicated in separate lines in the federal budget. This is primarily aimed at eliminating the danger of the 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, in accordance with paragraph 2 of Art. 27 of the Law is made at the expense of the budget of the corresponding subject of the Federation).