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Published: 10/13/2018

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The judicial system of the Russian Federation is regulated by federal constitutional law of December 31, 1996 No. 1-FKZ “On the judicial system of the Russian Federation”.

The concept of the Supreme Court of the Russian Federation
Application procedure

Based on Article 4 of the above-mentioned normative act, justice in our country can be administered by federal, constitutional or statutory courts and justices of the peace.

The largest layer of all judicial proceedings, undoubtedly, falls on the system of federal courts, which include the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, cassation and appeal courts of general jurisdiction, supreme courts of constituent entities, courts of autonomous regions and autonomous districts, district, military and specialized courts, as well as arbitration courts of all instances.

Let's consider one of the elements of the judicial system of the Russian Federation - the Supreme Court.

Extraordinary solutions required

Valery Fadeev called the round table held in the Public Chamber the beginning of a discussion on the prospects for creating the RSHR, promising its continuation. “At the round table, many legal scholars opposed this idea, but the task of strengthening guarantees of respect for human rights has not gone away,” he recalled. – The President instructed to look into the feasibility of creating the RSHR and invited the Supreme Court, the Ministry of Justice and the public, since the topic was raised at the meeting of the head of state with members of the Council, to think about how to strengthen these guarantees. Many legal scholars believe that in this case the Constitution of the Russian Federation will have to be changed, and therefore it is impossible to create the RSHR. But here something else is required – to find a solution of an informal nature.”

According to ECHR statistics, at the end of 2021, more than 15 thousand complaints against Russia were pending before the court. “If so many Russians consider the decisions of Russian courts to be unfair and appeal to the ECHR,” the head of the Presidential Council concludes, “that means there is a problem.”

District courts

According to statistics, district courts of general jurisdiction (usually their name coincides with the name of the district) are the busiest.

It considers civil cases regarding the division of property, claims for recovery from defendants of amounts of more than 50,000 rubles , for eviction, for reinstatement at work, for declaring incompetent, for establishing legal facts, for adoption, for deprivation of parental rights, for challenging decisions of government bodies (in procedure for administrative proceedings under the CAS of the Russian Federation).

When filing a claim in court, you should choose the court that is geographically related to the defendant’s area of residence. If his place of residence is unknown, then you need to proceed from the last known address.

The result of consideration of a civil case may be a decision to satisfy the requirements, to refuse the claim, or to leave it without consideration. Recently, courts are increasingly taking measures to end the dispute by concluding a settlement agreement. This is a civilized way to settle claims and reach a compromise in the most complex and confusing disputes, and the court is obliged to clarify the rules for concluding such an agreement. To draw up a draft agreement, the parties have the right to ask for a break and resort to the help of a mediator.

Decisions made in the first instance in the district court come into force within one month. This is a general rule, to which there are exceptions - for example, in those cases that are considered in a simplified manner. Such decisions can be appealed within 15 days.

After the decision has been made and entered into legal force, you can apply to the district court to eliminate the clerical error (for example, if you later noticed a technical error in the address and Rosreestr refuses to make changes in this form). In addition, if the debtor cannot pay the amount collected from him in a lump sum, the district court considers the application submitted by him for a deferment or installment plan. At the same time, in order not to violate the rights of the claimant, the law provides for the possibility for him to apply to the same court that heard the case with an application for compensation for a long-term failure to comply with a court decision.

The district court hears criminal cases, the commission of which is punishable by 3 to 25 years in prison . For example, these are cases of robbery, all crimes related to the illicit trafficking of narcotic and psychotropic drugs (both storage and sale), murder, rape, theft, theft and fraud, etc. Those cases where the crime is punishable by life imprisonment are not within the jurisdiction of the district level.

Most criminal cases are considered in the so-called “special” order, which means the defendant fully admits guilt. In such cases, the proceedings consist of examining the case materials characterizing the identity of the perpetrator, without interrogating the victim and witnesses. The meaning of this procedure is that the convicted person can be assigned no more than 2/3 of the maximum punishment under the article of the Criminal Code of the Russian Federation. If there are other mitigating circumstances (confession, illness, compensation for harm, etc.), an even milder, often minimal, punishment is imposed.

District courts hear some cases of administrative offenses - under those articles where administrative arrest is provided as a punishment. For example, for petty hooliganism or drinking alcohol in a public place, a district judge has the right to impose a punishment of up to 15 days of arrest, which he makes a decision on based on materials and protocols provided by the police.

Since 2002, investigators' requests to apply a preventive measure to the accused related to the restriction of the constitutional right to freedom have been considered by district courts. Thus, exclusively the district court selects and extends the period of detention of the accused person in custody or under house arrest. Recently, the court has chosen and extended the term of a new preventive measure - a ban on engaging in certain activities. Thus, judges at the district level not only consider a criminal case on its merits, but also understand the validity of investigators’ requests at the pre-trial stage. Jurisdiction for such petitions may be determined based on the location of the crime or the location of the body conducting the investigation.

District courts also consider other petitions: for a search, seizure of bank information, removal from office, etc. All decisions adopted as a result of consideration of such petitions can be appealed within 10 days to the regional court (if suppressed - within 3 days).

You should also know about the procedure for appealing the actions or inactions of the investigator or interrogating officer. For example, if they repeatedly refuse to initiate a criminal case or do not accept a statement of crime at all, in such cases you can go to court in accordance with Art. 125 Code of Criminal Procedure of the Russian Federation. If the court considers the arguments of the injured person convincing and recognizes the inaction of the investigative body as illegal, the court decision is subject to mandatory execution and the violations of the law will be eliminated.

After the sentence has entered into legal force, convicts or representatives of the administration of the institution of the Federal Penitentiary Service, on the same territory with which the district court is located, can apply for a replacement of the sentence or for release from further serving. For example, if a conditionally convicted person avoids appearing before the inspection and periodically violates public order, the district judge may, at the request of the inspection, replace the punishment with a real one and send the convicted person to prison. Applications from citizens to have their criminal records expunged are also considered here. If a convicted person is denied a sentence reduction, early release or other mitigation of the situation, he still has the opportunity to ask for a pardon from the President of the Russian Federation.

As we have already written, the district court is the second in the sequence of judicial bodies of general jurisdiction. That is, the district level is the court of appeal in relation to all decisions of the magistrate. The second instance for district decisions is the court of appeal at the regional or regional level.

Magistrate's Court

In each district of the city, several justices of the peace have been created, to which specific addresses belong geographically. Whether a particular street belongs to the jurisdiction of a magistrate is determined by a decree of the regional Government. A citizen can find out about territorial jurisdiction on the website of the district court or on a specially created website of magistrates. For example, in Moscow there is a very convenient territorial jurisdiction module, where when you enter a street, the program displays the number of the magistrate’s precinct related to it. For example, if you enter “Novoslobodskaya street, Moscow”, information about the site number (No. 368), its location, telephone, and email will appear.

The magistrate considers civil cases on divorce (without a dispute about the division of property), on the collection of debts for utilities, loans, etc., if the cost of the claim does not exceed 50,000 rubles , issues court orders on applications up to 500,000 rubles . In such cases, jurisdiction depends on the place of residence of the defendant - that is, the magistrate of precinct No. 368 should file claims and applications for an order if the defendant lives on the street. Novoslobodskaya, Moscow.

The magistrate also considers criminal cases - for crimes for which the maximum punishment is not more than 3 years of imprisonment , including those related to violation of human rights.

There are exceptions to this rule provided for in Art. 31 Code of Criminal Procedure of the Russian Federation. For example, the precinct cannot conduct proceedings where the accused is a minor, even if he has committed a minor crime. Causing serious harm or death as a result of an accident, despite the fact that the punishment does not exceed 3 years, can only be tried in a district court, like all drug-related crimes. All cases in the precincts can be terminated upon reconciliation of the parties (if there is a victim) if certain criteria are met.

Practices and laws change over time. For example, until 2019, the jurisdiction of a crime under Art. 264.1 of the Criminal Code of the Russian Federation (driving a car while drunk repeatedly) was assigned to the jurisdiction of the magistrate, and currently - to the jurisdiction of the district level.

As for territorial jurisdiction, it is determined by the place where the crime was committed (in which area it was committed, the court will receive the case).

The magistrate also has jurisdiction over so-called “private prosecution” cases, when the accusation is supported by the victim himself. For example, under Part 1 of Art. 115 of the Criminal Code of the Russian Federation in a case of causing minor bodily harm, the prosecutor does not take part, an investigation as such is not conducted and an indictment is not drawn up. The local police commissioner can send the collected material to the magistrate if there has been a corresponding request from a citizen.

Cases of administrative offenses, including those related to traffic violations and deprivation of a driver’s license, are also considered by magistrates. Decisions on them, as well as decisions in civil cases, sentences in criminal cases can be appealed to the district court.

The chairman of the arbitration court and his duties

This person performs the main functions aimed at managing the structure of the apparatus. The chairman also acts as a judge. This person performs all duties assigned to him by regulations.

His powers include drawing up orders and regulations that are subject to mandatory implementation. Responsibilities include the following:

Organization of work of the authorities of the subjects of the country.
Distribution of responsibilities between deputies.
Formation of judicial panels.
Convening the presidium, at which he acts as chairman.
Management of the apparatus, appointment and dismissal of employees.
Representation of the arbitration court in interaction with other government bodies and public associations.

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Fasakhovva Elena Alexandrovna

Member of the Russian State Duma Committee on Non-Bank Credit Institutions. Has been involved in bankruptcy proceedings since 2015.

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A competent citizen of the country without a criminal record or criminal prosecution is appointed to this position. The minimum work experience in law for a federal-level position is seven years, the candidate’s age is 30 years or older. The Chairman of the Supreme Court should not be younger than 35, the duration of work in the specialty should be 10 years or more.

Jurisdiction of cases

The Supreme Court of the Russian Federation and the arbitration courts reporting to it currently consider the following categories of proceedings:

Disputes that arise from legal relations of a civil nature within the framework of lawsuit proceedings.
Disputes in the economic sphere from the administrative field.
Proceedings whose purpose is to find facts of legal importance.
Cases challenging arbitration decisions, issuing writs of execution for forced execution of orders.
Disputes regarding the recognition and implementation of decisions of foreign courts, including special arbitration bodies.
Proceedings related to holding individual entrepreneurs and organizations liable.
Proceedings related to economic entities evading the payment of taxes and other obligatory amounts.

Thus, today the Supreme Arbitration Court has ceased to exist, all its functions have been transferred to the RF Armed Forces. The remaining authorities operate and exercise powers to the same extent, so entrepreneurs, individuals and legal entities can apply to protect their rights.

Read how to appeal the rulings of the arbitration court here.

Court in the judicial system of the Russian Federation

The most common type of Russian court is a district court of general jurisdiction (also simply a district court). It usually has a separate building in which both judges and a number of other employees work (assistants to judges, court secretaries, office workers, bailiffs).

At the entrance to the court, visitors are greeted by bailiffs: they check documents and inspect things so that no one brings weapons or explosives into the court. Behind the bailiffs in the lobby there is usually a stand with information about which office a particular judge works in.

As a rule, on the first floor of the court building there is a “reception” (aka “expedition”) - a place where you need to submit documents that you want to submit to the court, and an “office” - a division of the court that keeps records of documents and issues legal documents to citizens. decisions and other important acts.

Court cases are tried in courtrooms. At the entrance to each room there should be a paper with information about the time and place of consideration of cases scheduled for that day.

In the courtroom itself, against one of the walls (sometimes on a small elevation) there is a table at which the judge sits during the hearing. Along the walls to his right and left are tables and chairs for parties. And on the opposite side of the hall from the judge there are benches for spectators. But since there are usually no spectators at the meetings, various documents and folders with cases may be dumped there.

The corridors of the courthouse are usually filled with people sitting and standing, waiting for their case to be heard. The most crowded places where long queues can accumulate are at the reception and office.

Who are the judges?

“The activities of the national human rights court,” says Svetlana Kazachenok, “should be based on the principles of openness of court hearings, rotation of judges, and balancing of geographical and gender representation. Perhaps it would be possible to attract specialists to a specific case as temporary judges under the ad hoc system, as is done all over the world. It is important that judges are able to apply interim measures in urgent cases and, if necessary, stop causing irreparable harm to the individuals concerned.”

Artem Kiryanov calls for the formation of the composition of the future court to be made as public as possible. Fortunately, the country has authoritative public platforms “where they could publicly discuss the candidacies of those people who are known throughout the country, the legal community, and who are not representatives of law enforcement agencies dependent on the state.”

“Here, indeed, the Public Chamber of Russia, the Human Rights Council, and the Federal Chamber of Lawyers could play an important role,” notes a member of the OP. “All of these are platforms where a preliminary public selection of candidates capable of becoming judges of the Russian Court of Human Rights could be carried out.”

To whom has the management of affairs been transferred from YOU?

All arbitration courts continue to operate; only the supreme body has been abolished. Its functions were transferred to the Supreme Court. The initiative was proposed by the President back in 2013, within the framework of the economic forum, which was held in St. Petersburg. He noted the need to make a single body out of the two courts and make appropriate amendments to the Constitution and the APC. In the fall of the same year, a bill on this change was introduced, and a year later the authority ceased to exist.

Articles:

Scope of activity of arbitration courts of the Russian Federation

Concept and types of international commercial arbitration

Cassation and supervision

Nine cassation courts of general jurisdiction accept for consideration all complaints filed against decisions and sentences that have entered into legal force. These courts are located in Saratov, Moscow, St. Petersburg, Krasnodar, Pyatigorsk, Samara, Chelyabinsk, Kemerovo, Vladivostok. For example, decisions of Moscow district courts that have entered into legal force should be appealed to the Second Cassation Court of Moscow. The decisions of the Moscow region courts will be reviewed by cassation in the First Cassation Court, located in Saratov.

Previously, until October 1, 2021, a selective principle of cassation was in effect: not all complaints were accepted for review, and reasoned decisions were made to refuse acceptance. Currently, the principle of “continuous cassation” is in effect, according to which all complaints are accepted if only they meet the formal requirements (example of a cassation complaint in a criminal case).

It is especially important to comply with formal requirements and attach all previously held decisions if you plan to appeal to the next instance - the judicial panel of the Supreme Court of the Russian Federation (example of a cassation appeal to the Supreme Court).

We draw attention to compliance with the deadlines for cassation appeals : in civil law, the deadline for appealing is 6 months from the date the appealed decision entered into legal force. In criminal cases, convicted persons are given the right to apply for cassation review at any time if the complaint asks for an improvement in their situation.

Appeal to the Presidium of the Supreme Court of the Russian Federation

After the appeal and two cassation instances have been passed, you can appeal to the Presidium of the Supreme Court of the Russian Federation in the order of supervision (an example of filing a supervisory appeal in a criminal case). As we indicated earlier, this is the highest authority that can be addressed in Russia. After it or immediately after cassation in the Supreme Court of the Russian Federation, you can try to restore your rights by filing an application with the European Court of Human Rights.

Appeal to the European Court of Human Rights

Applying to the ECHR is a labor-intensive process where the primary task is to comply with the admissibility criteria. It is important to prove that fundamental rights and freedoms cannot be protected in their home country, and the applicant has exhausted all possible ways to protect their legitimate interests. It is equally important to correctly fill out the application form to the ECHR. The European Court does not review the decision or sentence in the direct sense, but gives its legal assessment, with which the Russian judicial system, by virtue of belonging to the Human Rights Convention, is obliged to agree.