Court of first instance: types, composition, features of work

Court instances are structural divisions of courts or special courts that perform the functions of considering cases on the merits and reviewing court decisions of lower authorities.

The Russian judicial system is represented by 4 authorities:

The first instance is to consider the case and make a decision on the merits.
The second instance is the appellate instance, which reviews judicial acts that have not entered into force.
The third instance is the cassation court, which reviews judicial acts that have entered into force.
The fourth instance is supervisory, reviewing judicial acts adopted by the courts of the first, appellate and (or) cassation instances in the presence of exceptional grounds for this.

Some experts also identify courts as a separate authority, authorized to consider cases based on newly discovered (new) circumstances. But such courts do not form any special category and are not represented by special structural units. Cases based on newly discovered circumstances are reviewed by the same court that adopted or amended the judicial act subject to review. That is, in this case, the case is essentially being considered anew by the previous court.

The above types of courts exist in almost all types of legal proceedings: civil (Civil Procedure Code), arbitration (Arbitration Procedure Code), administrative (CAS) and criminal (Code of Criminal Procedure). An exception is the consideration of cases of administrative offenses (CAO) and appeals to the Constitutional Court of the Russian Federation (CC RF). In the first case, appeals and revisions of decisions are also possible, but there are no appellate, cassation and supervisory instances identified as such. In the case of the Constitutional Court, everything is explained by its special status and special legal proceedings - decisions of the Constitutional Court of the Russian Federation are final and not subject to appeal.

Types and features of courts of first instance

There are a number of judicial institutions that on the territory of the Russian Federation belong to the courts of first instance:

World judge.
He independently makes decisions on the cases being examined and the questions raised, and at the end of the meeting he pronounces a verdict. However, the power of a magistrate goes far beyond the boundaries of his duties: he has the right to make decisions that are carried out by other judicial authorities.

The powers of the magistrate judge include:
- exercising control over the legality of adopted resolutions, as well as regulating the actions of officials and local authorities;
taking part in the creation of the structure of the judicial organization.
District Court
is also a representative of the first judicial instance. In relation to the magistrate, it acts as an appellate body. The district court is considered the most accessible to the population, since it exists in every locality or its region.
The court has the right to distribute responsibilities among deputies, as well as organize work or courses to improve the qualifications of judges. The district court has the right to both appoint and remove judicial officers from their positions.
Garrison military court.
It is one of the links in the courts of first instance. He handles military cases.
Unlike other courts, the garrison court can deal with an issue that arose during the consideration of the case, even if the verdict has already entered into legal force. If the case is criminal, it can be considered either by a panel or by a single judge. But people's representatives can speak at the meeting only in the role of consultants.
The rights and responsibilities of the garrison court also include arrests, detention, a ban on personal correspondence and telephone conversations.
The district military court
works in the same way as the garrison court, with military citizens, as well as persons directly related to them. The district military court is an instance where the case will be considered by a panel of three participants, and in case of difficult issues - by a jury.
Arbitration court of a constituent entity of the Russian Federation
is the only institution that deals with economic issues that arise between citizens and companies. The arbitration court is aimed at lawful decision-making. Judges are independent in their decisions and try to equalize the rights of both parties.
The powers of the court include:
- organizing a pre-trial meeting with persons participating in the process;
assistance in the work of judges;
preservation of documentation after the court hearing.

Third instance

In relation to decisions and sentences that have entered into legal force, cassation proceedings may be initiated. The complainant may skip the appeal process.

Cassation exclusively concerns issues of legality and fairness of the decision made in the courts of first and second instance. Evidence in the case is not examined and participants in the process are not interviewed. Only the conclusions of the court and the correct application of legal norms are studied.

In a cassation appeal you can indicate:

for an error in the application of a rule of law that had a significant impact on the outcome of the case (with convincing arguments);
to violate the rights of third parties who have not previously participated in the process.

The Court of Cassation cannot evaluate or rely on circumstances and evidence that were not presented to the trial judge (or during the appeal).

Since 2021, there have been 9 cassation judicial divisions in Russia, Chapter 2.1 of Law No. 1-FKZ of 2011. Their duty is to consider complaints in cases of general jurisdiction through the cassation procedure, as well as on newly presented or discovered circumstances. This reform made it possible to avoid situations where appeal and cassation complaints in one case are considered by the same judicial body.

What types of cases do trial courts handle?

The court of first instance hears cases of various categories, whether criminal, civil or administrative offenses.

World judge

Administrative cases are considered here, namely those offenses that relate to the “Code of the Russian Federation on Administrative Violations”.
This does not include cases related to subordinate district courts, as well as arbitration authorities. In addition, the magistrate judges light criminal offenses, that is, those for which the punishment is not more than three years in custody.

The magistrate also considers cases related to civil proceedings. This is the dissolution of a marriage, during which the issue of children or the division of property acquired over many years has become acute. However, the amount of the claim must be lower than 50 thousand rubles.

Among other things, this type of court of first instance deals with cases of family law relations, except for issues relating to the establishment of paternity and maternity, adoption and invalidation of marriage.

District Court

District courts deal primarily with administrative offenses and conduct administrative investigations, during which punishment can include either forced departure from the territory of the Russian Federation or suspension of activities.
If we talk about the consideration of criminal cases, the district court takes up almost all issues, except those that relate to the “Criminal Procedure Code”, namely Article No. 31.

Civil cases are also considered, but only those not related to the “Civil Procedure Code” and the laws of jurisdiction of other courts.

Garrison Military Court

The garrison military court considers administrative offenses related to the Code of the Russian Federation on Administrative Violations” that were committed by military personnel or persons called up for military service.
This court of first instance also deals with criminal cases committed by military personnel and citizens called up for service or undergoing military training.

Civil cases of the Garrison Court include the protection of the rights and freedoms of military personnel, the protection of their interests from any inaction of higher authorities. The court also considers cases of severe violations of disciplinary standards. For example, absence from the workplace for more than four hours without a valid reason, consumption of alcohol-containing products during working hours, violation of the regulations.

District Military Court

The District Military Court in the first instance does not consider administrative offenses, but deals with criminal offenses that were committed by military personnel or citizens undergoing military training.
The district military court imposes a strict punishment - from 15 years in custody. This court considers civil cases the same as the garrison military court.

Arbitration court of a constituent entity of the Russian Federation

Since the Arbitration Court of a constituent entity of the Russian Federation deals with legal issues, it does not consider criminal offenses.
But administrative offenses are within his power if they are within his competence under the law. Also, the Arbitration Court of a constituent entity of the Russian Federation can examine disputed cases of administrative or executive authorities that conducted their activities without proper, that is, legal, education. The court deals with all civil cases, except those related to the Supreme Arbitration Court of the Russian Federation.

What is a judicial authority?

At its core, the judicial authority is not a body or division of the judicial system of the Russian Federation, but a function that they are authorized to perform. There are four authorities in Russia, Law No. 1-FKZ of 1996:

first;
appeal;
cassation;
supervisory.

Based on the rules of legal proceedings in the Russian Federation, cases must be considered in strict sequence:

In the first instance on the merits (mandatory).
In appeal, and then cassation (if the deadlines for filing an appeal are met). If an appeal is not filed, then the possibility of appealing to cassation remains.
By way of supervision. The assessment of legality is carried out by the Presidium of the RF Armed Forces.

Functions and gradation of courts

Composition of the court

The composition of the court of first instance, according to the “Criminal Procedure Code”, Article 30, may have one of the following options:

A federal judge of general jurisdiction who hears a wide range of issues other than those of another court.
Federal judge of the republic, region, regional judicial institution, autonomous region and district. A jury of eight may be present, but this occurs at the request of the accused.
Garrison Court District Judge and a six-member jury. If a criminal case is being considered, this composition is assembled, but only if the sentence is not lifelong.
Panel of three federal judges.

How to draw up and file a claim in the court of first instance?

In order for a claim to be accepted in court, it must be drafted correctly.
To do this, you will need to study all the laws related to the case, as well as write a document according to all the rules. The statement of claim typically consists of three sections:

Introductory part.
This is the “head” of the document, where the details of the judicial institution and the parties to the case are written. All participants in the process must be listed here. You can write the names in a column. If the paper is sent on a property issue, enter the cost of the claim.
Description.
Here, in detail, but without “water”, all the circumstances related to the incident are described. It is advisable that the applicant supports each individual point with references to a specific point from the legislation. It is best to describe each event from a new paragraph and follow as strict a chronology as possible.
Conclusion.
It summarizes the above in the statement of claim.

Then you need to list the attached documents, which should include copies of the application for all participants in the case.
You are also required to provide a receipt for payment of the state fee and evidence that indicates the validity and legality of the claim. sample statement of claim of the first instance for the dissolution of a marriage contract in .doc (Word) format sample of the statement of claim of the first instance for the division of property during divorce in .doc (Word) format The completed statement of claim can be submitted to the office or expedition of the court or to the judge himself within strictly allotted hours . The application can be sent by registered mail or courier service. But in these cases, it is necessary to draw up an inventory of the letter and confirmation of receipt.

Cases excluded from the jurisdiction of district courts

In civil proceedings, the courts of the subjects of the first instance consider all cases involving state secrets, as well as the execution of judicial acts adopted in foreign countries.

The CAS has assigned a serious list of cases to the competence of the constituent courts, in particular:

disputes related to state secrets;
challenging regulations adopted at the level of constituent entities and local municipalities;
challenging decisions of qualification commissions of judges;
cessation of activities of public, religious organizations, media;
challenging decisions of local election commissions;
challenging decisions of commissions measuring cadastral value.

Only some cases excluded from the jurisdiction of district and magistrate courts are listed.

When is refusal possible?

It happens that a claim is not always accepted. Refusal can occur for several reasons, described in the Code of Civil Procedure in Article 134:

the procedure for filing a claim was violated;
the statement of claim was drawn up and filed in court by a person who has nothing to do with the case under consideration;
the decision on the case stated in the lawsuit has already been announced;
The judicial authority is incorrectly indicated.

Typically, five days are given to accept or refuse a claim. If the plaintiff does not agree with the decision, he may file a written complaint.

Return of claim

It happens that the statement of claim is returned to the plaintiff, but this action cannot be considered a refusal.
You will simply need to go to the court of first instance again. The claim is returned for a number of reasons:

if it was compiled by an incapacitated citizen;
efforts were not made to resolve the problem amicably before going to court;
the statement of claim was sent for consideration without the signature of the plaintiff;
the application was sent to the wrong court;
the case is already being considered by the court.

In order for the statement of claim to be accepted immediately, you will need to carefully approach its preparation and take into account all the nuances.

Territorial organization

There is a concept of jurisdiction. It also includes the desire to distribute cases horizontally in the system. For example, almost all claims are filed at the place of residence or location of the defendant. In a number of cases, exceptions are provided: the plaintiff has the right to choose the court for appeal.

The law provides for when an already open case is transferred to another court.

Thus, a case transferred by a magistrate to a district court will be considered there, even if the transfer was erroneous - disputes about jurisdiction are prohibited.

Lawsuit without motion

If the judge has questions about the application, it may remain without progress, and this slows down the consideration of the case.
Typically, the judge will include all the errors in the claim in a paper called a “determination.” The plaintiff needs to study it carefully, and if anything becomes unclear, immediately call the secretary, the judge or his assistant. Or go to the judicial institution yourself, where experienced employees will help you formalize everything correctly. Next, having studied the “definition”, the application must be corrected, and if this does not happen, the court will return the document back. If the applicant does not agree with the judge’s amendments, he can appeal them to the appellate instance within 15 days from the date of filing the claim. But it is best to file a completely new claim, drawn up in accordance with all the rules and taking into account amendments.

Civil Procedure Code of the Russian Federation

Civil Procedure Code of the Russian Federation

EXCERPT

Section III. PROCEEDINGS IN THE COURT OF SECOND INSTANCE

Chapter 39. PROCEEDINGS IN THE COURT OF APPEALS

Article 320. Right of appeal

1. Decisions of the court of first instance that have not entered into legal force may be appealed on appeal in accordance with the rules provided for by this chapter.

2. The right to appeal a court decision belongs to the parties and other persons participating in the case. The right to bring an appeal belongs to the prosecutor participating in the case.

3. Persons who were not involved in the case and whose rights and obligations were resolved by the court also have the right to file an appeal.

Article 320.1. Courts considering appeals and presentations

Appeals and submissions are considered:

1) by the district court - on decisions of magistrates;

2) the supreme court of the republic, the regional, regional court, the court of a federal city, the court of an autonomous region, the court of an autonomous district, the district (naval) military court - on decisions of district courts, decisions of garrison military courts;

3) the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, the Judicial Collegium for Administrative Cases of the Supreme Court of the Russian Federation - on decisions of the supreme courts of republics, regional, regional courts, courts of federal cities, courts of an autonomous region, courts of autonomous districts, adopted by them on the first authorities; The Military Collegium of the Supreme Court of the Russian Federation - on decisions of district (naval) military courts adopted by them at first instance;

4) by the Appeals Board of the Supreme Court of the Russian Federation - on decisions of the Supreme Court of the Russian Federation adopted at first instance.

Article 321. Procedure and deadline for filing appeals and presentations

1. An appeal or presentation is filed through the court that made the decision. An appeal or presentation received directly by the appellate instance shall be sent to the court that made the decision for further action in accordance with the requirements of Article 325 of this Code.

2. An appeal or presentation may be filed within a month from the date of adoption of the court decision in final form, unless other deadlines are established by this Code.

Article 322. Contents of appeals, presentations

1. An appeal or presentation must contain:

1) the name of the court to which the appeal or presentation is filed;

2) the name of the person filing the complaint, presentation, his place of residence or location;

3) an indication of the court decision that is being appealed;

4) the demands of the person filing the complaint or the demands of the prosecutor making the presentation, as well as the grounds on which they consider the court decision to be incorrect;

5) became invalid on January 1, 2012. — Federal Law of December 9, 2010 N 353-FZ;

6) a list of documents attached to the complaint or submission.

2. An appeal or presentation cannot contain demands that were not stated during the consideration of the case in the court of first instance.

A reference by the person filing the appeal or the prosecutor bringing the appeal to new evidence that was not presented to the court of first instance is allowed only if it is justified in the said complaint or presentation that this evidence could not be presented to the court of first instance.

3. The appeal is signed by the person filing the complaint or his representative. The complaint filed by the representative must be accompanied by a power of attorney or other document certifying the authority of the representative, if there is no such authority in the case.

The appeal submission is signed by the prosecutor.

4. The appeal shall be accompanied by a document confirming payment of the state fee, if the appeal is subject to payment.

5. The appeal, presentation and documents attached to them are submitted with copies, the number of which corresponds to the number of persons participating in the case.

Article 323. Leaving appeals or presentations without progress

1. When filing an appeal or presentation that does not meet the requirements provided for in Article 322 of this Code, when filing a complaint that has not been paid with the state duty, the judge, no later than five days from the date of receipt of the complaint or presentation, issues a ruling by which the complaint or presentation is left without motion, and assigns to the person who filed the complaint, presentation, a reasonable period for correcting the shortcomings of the complaint, presentation, taking into account the nature of such shortcomings, as well as the place of residence or location of the person who filed the complaint.

2. If the person who filed the appeal or presentation fulfills the instructions contained in the judge’s ruling within the prescribed period, the complaint or presentation is considered filed on the day of its initial receipt by the court.

3. A private complaint or a prosecutor’s presentation may be filed against a judge’s decision to leave an appeal or presentation without progress.

Article 324. Return of appeals, presentations

1. The appeal is returned to the person who filed the complaint, the appeal - to the prosecutor in the case of:

1) failure to comply within the prescribed period with the instructions of the judge contained in the ruling on leaving the complaint or presentation without progress;

2) the expiration of the appeal period, if the complaint or presentation does not contain a request for restoration of the period or its restoration is refused.

2. The appeal is also returned at the request of the person who filed the complaint, the appeal presentation - if it is withdrawn by the prosecutor, if the case is not sent to the court of appeal.

3. The return of the appeal to the person who filed the complaint or the appeal to the prosecutor is carried out on the basis of the judge’s ruling. A private complaint or a prosecutor’s presentation may be filed against the judge’s decision to return the appeal or presentation.

Article 325. Actions of the court of first instance after receiving an appeal or presentation

1. The court of first instance, after receiving an appeal or presentation filed within the time period established by Article 321 of this Code and meeting the requirements of Article 322 of this Code, is obliged to send copies of the complaint, presentation and documents attached to them to the persons participating in the case.

2. Persons participating in the case have the right to submit to the court of first instance objections in writing regarding the appeal, presentation with documents confirming these objections, and their copies, the number of which corresponds to the number of persons participating in the case, and have the right to familiarize themselves with the materials cases, with received complaints, representations and objections regarding them.

3. Upon expiration of the appeal period, the court of first instance sends the case with the appeal, presentation and received objections regarding them to the appellate court.

Before the appeal period expires, the case cannot be sent to the appellate court.

Article 326. Refusal of appeals, presentations

1. Refusal of an appeal or presentation is permitted before the court issues an appeal ruling.

2. An application for refusal of an appeal or presentation is submitted in writing to the appellate court.

3. On accepting the refusal of an appeal or presentation, the appellate court issues a ruling, which terminates the proceedings on the relevant appeal or presentation.

Termination of proceedings on an appeal or presentation due to their refusal is not an obstacle to the consideration of other appeals or presentations if the corresponding decision of the court of first instance is appealed by other persons.

Article 326.1. Refusal of the claim by the plaintiff, recognition of the claim by the defendant, settlement agreement between the parties in the court of appeal

1. The plaintiff’s refusal of the claim, recognition of the claim by the defendant or a settlement agreement between the parties, made after the acceptance of the appeal or presentation, must be expressed in written statements submitted to the appellate court. If the plaintiff’s refusal of the claim, the recognition of the claim by the defendant, the terms of the settlement agreement between the parties were stated at the court hearing, such refusal, recognition, conditions are entered into the minutes of the court session and signed accordingly by the plaintiff, the defendant, and the parties to the settlement agreement.

2. The procedure and consequences of consideration of the plaintiff’s application to abandon the claim or the parties’ application to conclude a settlement agreement are determined according to the rules established by parts two and three of Article 173 of this Code. When accepting the plaintiff's refusal of the claim or when approving a settlement agreement between the parties, the appellate court cancels the court decision and terminates the proceedings. If the defendant recognizes the claim and accepts it by the appellate court, a decision is made to satisfy the claims made by the plaintiff.

Article 327. Procedure for considering a case by a court of appeal

1. The appellate court shall notify the persons participating in the case of the time and place of consideration of the complaint or appeal.

The appellate court reconsiders the case in a court hearing according to the rules of proceedings in the court of first instance, taking into account the features provided for in this chapter.

Cases in appellate courts, with the exception of district courts, are considered collegially.

2. The court hearing of the appellate instance is opened by the presiding judge, who announces what case is being considered, on whose appeal, presentation it is subject to consideration and against the decision of which court this complaint, presentation was filed, finds out which of the persons participating in the case, their representatives appeared, establishes the identity of those who appeared, checks the powers of officials, their representatives and explains to the persons participating in the case their procedural rights and obligations.

The consideration of a case in a court of appeal in a collegial manner begins with a report by the presiding judge or one of the judges. The reporting judge sets out the circumstances of the case, the content of the decision of the court of first instance, the arguments of the appeal, presentations and objections received regarding them, the content of new evidence presented to the court, and also reports other data that the court needs to consider to verify the decision of the court of first instance.

3. After the report, the appellate court hears the explanations of the persons participating in the case and their representatives who appeared at the court hearing. The first to speak is the person who filed the appeal, or his representative or the prosecutor, if he has submitted an appeal. If both parties appeal a court decision, the plaintiff will act first.

After the explanations of the person who filed the appeal, or the prosecutor, if he brought an appeal, and other persons participating in the case, their representatives, the appellate court, if there are appropriate petitions, reads out the evidence available in the case, after which it proceeds to examine the new evidence accepted by the court.

4. Upon completion of clarification of the circumstances of the case and examination of the evidence, the appellate court provides the persons participating in the case with the opportunity to speak in the judicial debate in the same sequence in which they gave explanations.

5. During each court session of the court of appeal, as well as when performing certain procedural actions outside the court session, a protocol is kept according to the rules provided for by Chapter 21 of this Code.

6. The appellate court does not apply the rules on combining and separating several claims, on changing the subject or basis of the claim, on changing the amount of claims, on filing a counterclaim, on replacing an improper defendant, on involving third parties in the case.

Article 327.1. Limits of consideration of the case in the court of appeal

1. The appellate court considers the case within the limits of the arguments set out in the appeal, presentation and objections to the complaint, presentation.

The appellate court evaluates the evidence available in the case, as well as additionally presented evidence. Additional evidence is accepted by the court of appeal if the person participating in the case has justified the impossibility of presenting it to the court of first instance for reasons beyond his control, and the court recognizes these reasons as valid. The appellate court issues a ruling on the admission of new evidence.

2. If only part of the decision is appealed in the course of appellate proceedings, the appellate court shall check the legality and validity of the decision only in the appealed part.

The appellate court, in the interests of legality, has the right to check the decision of the first instance court in full.

3. Regardless of the arguments contained in the appeal or presentation, the appellate court checks whether the court of first instance violated the rules of procedural law, which, in accordance with part four of Article 330 of this Code, are grounds for canceling the decision of the court of first instance.

4. New claims that were not the subject of consideration in the court of first instance are not accepted and are not considered by the court of appeal.

Article 327.2. Time limits for consideration of the case in the appellate court

1. A district court, the supreme court of a republic, a regional court, a court of a federal city, a court of an autonomous region, a court of an autonomous district, a district (naval) military court shall consider the case received on appeal or presentation within a period not exceeding two months from the date its entry into the appellate court.

2. The Supreme Court of the Russian Federation shall consider the case received on appeal or presentation within a period not exceeding three months from the date of its receipt.

3. This Code and other federal laws may establish shortened deadlines for consideration of appeals and presentations for certain categories of cases in the court of appeal.

Article 328. Powers of the appellate court

Based on the results of consideration of the appeal or presentation, the appellate court has the right to:

1) leave the decision of the court of first instance unchanged, the appeal or presentation is not satisfied;

2) cancel or change the decision of the court of first instance in whole or in part and make a new decision on the case;

3) cancel the decision of the court of first instance in whole or in part and terminate the proceedings in the case or leave the application without consideration in whole or in part;

4) leave the appeal, presentation without consideration on the merits, if the complaint, presentation was filed after the deadline for appeal and the issue of restoring this period has not been resolved.

Article 329. Resolution of the court of appeal

1. The decision of the appellate court is made in the form of an appeal ruling.

2. The appeal ruling must indicate:

1) date and place of the ruling;

2) the name of the court that issued the ruling, the composition of the court;

3) the person who filed the appeal or presentation;

4) a summary of the appealed decision of the court of first instance, appeals, presentations, evidence presented, explanations of persons participating in the consideration of the case in the court of appeal;

5) the circumstances of the case established by the court of appeal, the court’s conclusions based on the results of consideration of the appeal, presentation;

6) the reasons why the court came to its conclusions and a reference to the laws that guided the court.

3. When leaving an appeal or presentation without satisfaction, the court is obliged to indicate the reasons why the arguments of the appeal or presentation are rejected.

4. The ruling of the appellate court shall indicate the distribution of legal costs between the parties, including costs incurred in connection with filing an appeal or presentation.

5. The ruling of the appellate court comes into force from the date of its adoption.

Article 330. Grounds for canceling or changing a court decision on appeal

1. The grounds for canceling or changing a court decision on appeal are:

1) incorrect determination of circumstances relevant to the case;

2) failure to prove the circumstances relevant to the case established by the court of first instance;

3) discrepancy between the conclusions of the court of first instance, set out in the court decision, and the circumstances of the case;

4) violation or incorrect application of substantive law or procedural law.

2. Incorrect application of substantive law is:

1) non-application of the law to be applied;

2) application of a law that is not subject to application;

3) misinterpretation of the law.

3. Violation or incorrect application of procedural law is grounds for changing or canceling the decision of the court of first instance, if this violation led or could lead to the adoption of an incorrect decision.

4. The grounds for canceling the decision of the court of first instance in any case are:

1) consideration of the case by a court with an illegal composition;

2) consideration of the case in the absence of any of the persons participating in the case and not properly notified of the time and place of the court hearing;

3) violation of the rules on the language in which judicial proceedings are conducted;

4) the court makes a decision on the rights and obligations of persons not involved in the case;

5) the court decision was not signed by the judge or any of the judges, or the court decision was signed by the wrong judge or judges who were part of the court that considered the case;

6) absence of the minutes of the court session in the case;

7) violation of the rule on the secrecy of the meeting of judges when making a decision.

5. If there are grounds provided for in part four of this article, the appellate court considers the case according to the rules of proceedings in the court of first instance without taking into account the specifics provided for in this chapter. On the transition to consideration of the case according to the rules of procedure in the court of first instance, a ruling is issued indicating the actions that must be performed by the persons participating in the case and the time frame for their completion.

6. A decision of the court of first instance that is essentially correct cannot be canceled for formal reasons alone.

Article 331. Appeal against rulings of the court of first instance

1. The rulings of the court of first instance may be appealed to the appellate court separately from the court decision by the parties and other persons participating in the case (private complaint), and the prosecutor may make a presentation if:

1) this is provided for by this Code;

2) the court’s ruling excludes the possibility of further progress of the case.

2. A private complaint or a prosecutor’s presentation is considered:

1) on the rulings of the magistrate - by the district court;

2) on rulings of a district court, a garrison military court - by the supreme court of the republic, a regional court, a regional court, a court of a federal city, a court of an autonomous region, a court of an autonomous district, a district (naval) military court;

3) on rulings of the supreme court of the republic, regional, regional court, court of a federal city, court of an autonomous region, court of an autonomous district, district (naval) military court - by the appellate instance of the supreme court of the republic, regional, regional court, court of a federal city, court autonomous region, autonomous district court, district (naval) military court;

4) to the rulings of the Supreme Court of the Russian Federation - by the Appeals Board of the Supreme Court of the Russian Federation.

3. Private complaints or presentations of the prosecutor are not filed against the remaining rulings of the court of first instance, but objections regarding them may be included in the appeal or presentation.

Article 332. Deadline for filing a private complaint, a prosecutor’s presentation

A private complaint or a prosecutor's presentation may be filed within fifteen days from the date of the ruling by the court of first instance.

Article 333. Procedure for filing and consideration of a private complaint, presentation of a prosecutor

1. The filing of a private complaint, presentations of the prosecutor and their consideration by the court occur in the manner prescribed by this chapter, with the exceptions provided for in part two of this article.

2. A private complaint, a prosecutor’s submission to a ruling of the court of first instance, with the exception of rulings to suspend proceedings in a case, to terminate proceedings in a case, or to leave an application without consideration, are considered without notifying the persons participating in the case.

Article 334. Powers of the appellate court when considering a private complaint or a prosecutor’s presentation

The appellate court, having considered a private complaint or a prosecutor’s presentation, has the right to:

1) leave the ruling of the court of first instance unchanged, the complaint, the prosecutor’s proposal without satisfaction;

2) cancel the court ruling in whole or in part and resolve the issue on the merits.

Article 335. Legal force of the ruling of the appellate court

The ruling of the appellate court, issued on a private complaint or a prosecutor's proposal, comes into force on the date of its issuance.

The legislative framework

The legislative framework of the courts of first instance includes:

"Constitution of the Russian Federation".
"Criminal Procedure Code of the Russian Federation."
“Code of the Russian Federation on Administrative Violations of the Russian Federation.”
"Civil Procedure Code of the Russian Federation".

The court of first instance includes different types of courts, each of which has its own operating characteristics and considers many cases. Any civil or legal person who wants to resolve the issues that have arisen legally can file a claim in court. To do this, you need to draw up a statement of claim in accordance with the requirements and send it to the court.

Fourth instance

The Supreme Court is the highest authority

The highest and exclusive level of judicial proceedings is considered to be the supervisory authority. By way of supervision, decisions and sentences that have entered into force are considered by the Presidium of the Supreme Court of the Russian Federation. The supervisory function can extend to cases in almost any jurisdiction:

for criminal cases - in the manner prescribed by Chapter 48.1 of the Code of Criminal Procedure (on sentences passed by the Appeals Board of the Supreme Court, cassation decisions of the Judicial Collegiums in criminal cases and military cases, decisions of the Presidium of the Supreme Court);
for civil cases - in accordance with Chapter 41.1 of the Code of Civil Procedure (the decisions of the Supreme Court of the Russian Federation are subject to supervision, if the case was considered there initially, the decisions of the Judicial Collegiums of the Supreme Court for civil disputes and military cases, and the Appeals Board of the Supreme Court);
for arbitration - in the manner described in Chapter 36.1 of the Arbitration Procedure Code (the Presidium of the Supreme Court considers decisions of the Judicial Collegiums adopted in the order of first consideration, appeal or cassation appeal);
for administrative ones - in accordance with Chapter 36 of the CAS (according to the determinations of the Judicial Collegium for Administrative Offenses, adopted in the initial consideration, by appeal or cassation).

The procedure for considering cases by courts of different instances