Judiciary in the Russian Federation

1. Judiciary in the Russian Federation

Performed: st.gr 12161
Erdynieva Darima

2. Constitution of the Russian Federation chapter 7. Judiciary

Article 125
4. The constitutional court of the Russian Federation on
complaints of constitutional rights and freedoms of
citizens and at the request of courts checks the
constitutionally of the law applied in a particular case in
the manner established by federal law
Article 126
The supreme court of the Russian Federation is the
supreme judicial body for civil criminal administrative and
other cases to courts of general jurisdiction that are
subject to the Federal Law for judicial supervision of their
activities and provides clarification on the issued of
judicial practice

3. Constitution of the Russian Federation chapter 7. Judiciary

Article 127
The supreme Arbitration Court of the Russian
Federation is the highest judicial body for the
resolution of economic disputes and other cases
considered by arbitration courts, exercises judicial
supervision of their activities in the procedural forms
provided for by the Federal law and provides
clarification on matters of judicial practice.
Federal constitutional law
of december 31,1996 N 1-FCL
“Judicial system in the Russian Federation"

4. The Judiciary in Russia has three branches

Constitutional court
Courts of general
jurisdiction
Arbitration court

5. The category of court cases:

1)
2)
3)
4)
5)
6)
7)
8)
9)
Criminal proceedings
Property disputes
Family matters
Labor matters
Housing disputes
Constitutional matters
Administrative matters
Tax cases
Others

6. The Constitutional Court of the Russian Federation is entitled to act with a legislative initiative on issues of its jurisdiction.

The Constitutional Court consists of 19 judges
appointed by the Federation Council.
The judge of the court may be a citizen of the
Russian Federation who has attained not less
than 40 years with an impeccable reputation,
has a higher legal education and at least 15
years of work experience, and has recognized
high qualifications in the field of law.

7. Courts of general jurisdiction:

Courts of general jurisdiction or
general courts - consider legal
matters between citizens or
between citizens and
organizations.
Jurisdiction is the right of the
state. Organs to resolve legal
disputes, as well as cases of
offenses and apply sanctions to
offenders.

8. System of Ships:

1) The Supreme Court of the
Russian Federation
2) Mid-level courts
  (Courts of the subject of the
federation)
3) Mainstream courts (district,
city)

9. The Supreme Court of the Russian Federation is composed of:

1) Plenum of the Supreme Court of the Russian
Federation;
2) Presidium of the Supreme Court of the
Russian Federation;
3) the Judicial Board for Civil Matters;
4) The Judicial Board of Criminal Cases.

10. The Supreme Court of the Russian Federation:

Examines cases as a court of first instance, in
cassation, in the order of supervision and on
newly discovered circumstances;
Examines and summarizes judicial practice,
analyzes judicial statistics and provides
guidance to courts on the application of
legislation arising in the consideration of court
cases;
Exercises control over the implementation by
the courts of the leading explanations of the
plenum of the Supreme Court of the Russian
Federation;
Resolves within the limits of his powers the
issues arising from international treaties of the
Russian Federation.

11. Council of Judges of the Russian Federation

A permanent body of the judiciary, elected
by the All-Russian Congress of Judges. The
status of the Council of Judges of the Russian
Federation is determined by federal law. In
March 1992, the first meeting of the Council
of Judges took place in Moscow. At the same
time, the Presidium of the Council of Judges
of the Russian Federation was elected from 9
people. The Council of Judges was called
upon to promote judicial reform in Russia, to
protect the interests of judges, and to
represent them in government bodies. The
Council of Judges is the only body in the
country that unites judges of all levels and all
subjects of the Russian Federation.

12. Jury trial

Conducts the examination of serious and
particularly serious criminal cases in the
composition of a professional judge and 12
people's representatives, called jurors.
Verdict - in the criminal trial the decision of
the jury on the guilt or innocence of the
defendant.

13. Jury trial

On February 2, 1999, the Constitutional Court
imposed a moratorium on the death penalty,
which should be in effect until the federal law is
enacted, ensuring that every defendant in the
crime for which the death penalty is imposed
throughout the entire territory of the Russian
Federation has the opportunity to examine his
case by a jury.
The Chechen Republic last introduced the
jury on January 1, 2010.

14. World Judges (December 17, 2005)

World Judges in the Russian Federation
are judges of the general jurisdiction of
the constituent entities of the Russian
Federation and are included in the single
judicial system of the Russian Federation.

15. The magistrate examines in the first instance:

Criminal cases on crimes, for the commission of which a
maximum punishment may be imposed, not exceeding
three years imprisonment;
Cases of extradition;
Cases of divorce, if there is no dispute between the spouses
about the children;
The division of the spouses of jointly acquired property,
with the value of the property not exceeding 50,000 rubles;
Other cases arising out of family and legal relations, except
for cases of challenging paternity (motherhood),
establishing paternity, depriving parental rights, adoption
of the child;
Cases of property disputes at the price of the claim,
Not exceeding 50 000 rubles;
Cases on determining the procedure for the use of
property;
Cases of administrative offenses attributed to the
competence of the magistrate by the RF Code of
Administrative Offenses or the laws of the subjects of the
Federation.

16. Arbitration Courts: The Law "On the Arbitration Court" dated July 4, 1991:

Arbitration Courts:
The Law "On the Arbitration
Court" dated July 4, 1991:
These are the courts that
resolve economic disputes,
the subjects of which are
legal entities, business
citizens, state courts.

17.

The Supreme
Arbitration Court of
the Russian Federation
has an official
distinctive symbol
indicating that it
belongs to the system
of arbitration courts of
the Russian
Federation, a heraldic
sign - the emblem of
the Supreme
Arbitration Court of
the Russian
Federation.

18. Military courts

Military (naval) district courts are the
courts of the Russian Federation,
operating in the Armed Forces of the
Russian Federation, which are part of the
single judicial system of the Russian
Federation, carrying out the tasks of
justice. Previously called military
tribunals. The system of military courts
consists of the military collegium of the
Supreme Court of Russia (higher level);
Military court of the Armed Forces,
districts, groups of troops (second link);
Military vessels of the armies, formations,
flotillas, garrisons (the first link).

19. Military courts consider criminal cases:

1)
civil and administrative cases concerning the protection of
violated and (or) disputed rights, freedoms and legally
protected interests of servicemen V.S. Russian Federation,
other troops, military formations and bodies (hereinafter
referred to as servicemen), citizens passing military
training camps, from actions (inaction) of military command
agencies, military officials and decisions taken by them;
2) cases of crimes committed by servicemen, citizens
undergoing military training, as well as citizens discharged
from military service, citizens who have passed military
training, provided that the crimes committed by them during
military service, military charges;
3) cases of administrative offenses committed by servicemen,
citizens undergoing military training.

20. Features of the judiciary:

1)
2)
3)
4)
5)
Judicial power is exercised only by the court.
Judges are independent and subject only to the law.
Judges are irremovable.
Judges are inviolable.
Judicial activity is carried out in a special judicial
form.
6) The trial is open.
7) Judicial proceedings are carried out on the basis of
adversarial and equal rights of the parties.
8) Citizens who have attained the age of 25, have a
higher legal education and work experience in the
legal profession for at least 5 years can fulfill the
duties of a judge.

21. Principles of Justice in the Russian Federation:

The principle of legality;
The principle of administering justice only by the court
(Article 118);
Principle of independence of judges (Article 120);
The principle of justice on the basis of equality of all
(Article 19);
The principle of ensuring to everyone the right to apply
to court for the protection of their interests (Article 46);
Presumption of innocence (Article 49);
Principle of providing the suspect and accused with the
right to qualified defense (Article 48);
Publicity of the trial (Article 123);
Principle of participation of citizens in the
administration of justice as a juror (Article 32);
The principle of protection of honor and dignity of the
person (Article 21);
Spontaneity and oral nature of the trial.