Types of ships in Russia. Construction of the judicial system

The courts that are part of the judicial system are vested with various judicial powers and perform various procedural functions.

Judicial powers- competence of the court.

Procedural functions - a certain direction of the court’s activities in the administration of justice (consideration of the case on the merits, verification of the legality and validity of a previously made decision, etc.).

Taking into account their competence, courts of general jurisdiction (including military ones) and arbitration courts are divided into sections.

Link of the judicial system- these are courts endowed by law with homogeneous powers (for example, courts authorized to consider cases only on the merits, courts considering cases on the merits and in appeal, courts considering cases on the merits, in cassation and in supervisory proceedings) and occupying the same organizational place in judicial system.

General court system includes the following links:

· first (lowest) – justices of the peace operating in the judicial districts of the corresponding district, → consider court cases only on the merits;

· second (main) – district, city (in cities without district division) → consider certain cases on the merits and on appeal;

· third link (middle) – supreme courts of republics, regional and regional courts, courts of federal cities, courts of autonomous regions and autonomous districts → consider cases on the merits and check the legality and validity of court decisions in the appellate and cassation procedures;

· The highest judicial body for civil cases, cases for resolving economic disputes, criminal, administrative and other cases, jurisdictional courts established in accordance with the Federal Law “On the Judicial System of the Russian Federation” and federal laws is the Supreme Court of the Russian Federation, which → exercises judicial supervision over activities of federal courts, considering civil cases, cases to resolve economic disputes, criminal cases, administrative and other cases within the jurisdiction of these courts, as a court of supervisory authority, as well as within its competence as a court of appeal and cassation. In addition, the Supreme Court of the Russian Federation considers cases within its jurisdiction as a court of first instance and based on newly discovered circumstances and provides clarifications on issues of judicial practice.

Military courts include the first (main) link is the garrison military courts and the second (middle) link is the district (naval) military courts. The superior authority in relation to district (naval) military courts is the Judicial Collegium for Military Personnel of the Supreme Court of the Russian Federation (Article 10 of the Law on Military Courts).

Arbitration courts of the Russian Federation include:

· the first (lowest, main) link - arbitration courts of republics, territories, regions, cities of federal significance, autonomous regions and autonomous districts → considers cases within their jurisdiction on economic disputes and other cases related to the implementation of entrepreneurial and other economic activities only on the merits;

Arbitration courts are not established in the regions.

· second link - arbitration courts of appeal are created in a certain economic-geographical territory of certain neighboring constituent entities of the Russian Federation → checking the legality and validity of decisions of arbitration courts of constituent entities of the Russian Federation that have not entered into legal force;

The names of these courts are given in the said law using numerals (First Court of Appeal, Second Court of Appeal, etc.). As of September 1, 2014, 21 arbitration courts of appeal were established in the Russian Federation.

· the third link - arbitration courts of districts (arbitration courts of cassation), are created on the same economic-geographical territory of certain neighboring constituent entities of the Russian Federation, united in the corresponding federal arbitration district → checking the legality of judicial acts of arbitration courts of constituent entities of the Russian Federation and arbitration courts of appeal that have entered into legal force.

In accordance with the Law on Arbitration Courts in Russia, 10 arbitration courts of the districts have been established: Volga-Vyatka, East Siberian, Far Eastern, West Siberian, Moscow, Volga, North-West, North Caucasus, Ural, Central.

· The superior court in relation to the arbitration courts of the districts is the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation. It considers, as a court of first instance, and on new or newly discovered circumstances, cases within the jurisdiction of the Supreme Court of the Russian Federation and exercises other powers in accordance with federal laws.

According to the nature of the procedural functions performed, the courts of the judicial system of the Russian Federation are divided into: courts of first instance; courts of second (appeal) instance, courts of cassation; supervisory court.

Court– a court or its structural unit (judicial panel, presidium), performing a strictly defined procedural function related to the consideration and resolution of a civil or criminal case on the merits, or to verify the legality and validity of a court decision previously adopted in the case in an appeal, cassation or supervisory procedure .

Court of First Instance - a court that considers a case on its merits and makes an initial decision on it. In this instance, in the adversarial process, evidence is directly examined, the parties are heard (plaintiffs and defendants, prosecutors and defenders) and a judicial decision (ruling, determination, sentence) is made on behalf of the state.

All courts of general jurisdiction act as courts of first instance (magistrates, district courts, supreme courts of republics, regional and regional courts, courts of federal cities, courts of the autonomous region and autonomous districts, garrison military courts, district (naval) military courts, judicial collegium of the Supreme Court of the Russian Federation), within the limits of their powers (jurisdiction).

In the system of arbitration courts, the courts of first instance are the arbitration courts of the constituent entities of the Russian Federation, the Court for Intellectual Rights and the Judicial Collegium for Economic Disputes of the Supreme Court of the Russian Federation.

Each link of a particular court system has its own jurisdiction over cases at first instance. Jurisdiction of cases is determined by procedural legislation: the Criminal Procedure Code of the Russian Federation, the Civil Procedure Code of the Russian Federation, the Arbitration Procedural Code of the Russian Federation.

Court of second instance– a court or its structural unit (judicial panel, appellate panel), which, based on an appeal from participants in the trial or a proposal from a prosecutor, verifies the legality and validity of judicial decisions of the court of first instance that have not entered into legal force.

Appeal hearing- review by a higher court (appeal instance) of the decision of a lower court, with the participation of the parties, with a new study of previously considered and newly presented evidence, including the issuance of a new court decision.

The appellate courts in the system of federal courts of general jurisdiction are:

district court → considers appeals and submissions against decisions of magistrates operating in the territory of the relevant judicial district;

judicial panels Supreme Court of the Republic, Territory, Regional Court, Court of a Federal City, Court of an Autonomous Region, Court of an Autonomous District → consider appeals, submissions against decisions of district courts adopted by them as a court of first instance and which have not entered into force, as well as against interim court decisions 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 , issued by them in the course of criminal proceedings as a court of first instance;

Appeal Board of the Supreme Court of the Russian Federation → considers, as a court of second (appeal) instance, cases within the jurisdiction of the Supreme Court of the Russian Federation, decisions on which, as a court of first instance, were made by the Judicial Collegiums of the Supreme Court of the Russian Federation,

In the system of arbitration courts of appeal, there are arbitration courts of appeal. These courts consider appeals against decisions of arbitration courts of constituent entities of the Russian Federation that have not entered into legal force and are assigned to the jurisdiction of this appellate arbitration court.

In cassation, the court checks the legality and validity of a judicial decision of a lower court that has entered into legal force.

The courts of cassation in the system of courts of general jurisdiction are:

presidium supreme courts of republics, regional, regional courts, courts of federal cities, courts of an autonomous region, courts of autonomous districts, which → consider cases on cassation complaints, submissions for appeal rulings of the supreme courts of republics, regional, regional courts, courts of federal cities, autonomous courts region, courts of autonomous districts and on decisions of district courts and magistrates that have entered into legal force;

presidium of the district (naval) military court→ considers cassation complaints, submissions against appeal decisions of district (naval) military courts and against judicial decisions of garrison military courts that have entered into legal force;

Judicial Collegium for Civil Cases, Judicial Collegium for Administrative Cases and Judicial Collegium for Criminal Cases, Judicial Collegium for Military Personnel Cases of the Supreme Court of the Russian Federation → check the legality and validity of judicial decisions issued by the presidiums of the supreme courts of republics, regional, regional courts, courts of federal cities, courts of an autonomous region, courts of autonomous districts, district (naval) military courts; on appeal decisions of the supreme courts of republics, regional, regional courts, courts of federal cities, courts of an autonomous region, courts of autonomous districts, district (naval) military courts, as well as judicial decisions of district courts, garrison military courts adopted by them that have entered into legal force at the first instance, if these decisions were appealed to the presidium of the supreme court of the republic, regional court, regional court, federal city court, autonomous region court, autonomous district court of the district (naval) military court.

The cassation instance in the system of arbitration courts includes: a) district arbitration courts → check the legality and validity of decisions of arbitration courts of constituent entities that have entered into legal force, as well as decisions of arbitration courts of appeal; b) The Intellectual Rights Court → will check, as a cassation instance, cases considered by it in the first instance and cases on the protection of intellectual rights considered by the arbitration courts of the constituent entities of the Russian Federation in the first instance and arbitration courts of appeal.

Supervisory authority– a court empowered to review court decisions that have entered into legal force, in the manner of supervision based on complaints from persons participating in the case and other persons, if their rights, freedoms and legitimate interests are violated by these court decisions

Only the Presidium of the Supreme Court of the Russian Federation acts as a supervisory court for courts established in accordance with the Federal Constitutional Law “On the Judicial System of the Russian Federation”.

The types of decisions that can be appealed to the Presidium of the Supreme Court of the Russian Federation are defined in Art. 391.1 Code of Civil Procedure of the Russian Federation and Art. 412.1 Code of Criminal Procedure of the Russian Federation.

Courts that hear cases on appeal are considered superior to the courts of first instance. For example, a district court is a higher court in relation to justices of the peace operating in the territory of the corresponding judicial district (Article 21 of the Law on the Judicial System of the Russian Federation).

Courts considering a case in cassation are considered superior to the courts that previously made a decision on the case

Normative legal acts

Federal constitutional law of December 31, 1996 “On the judicial system of the Russian Federation.”

Federal Constitutional Law of February 5, 2914 “On the Supreme Court of the Russian Federation.”

Federal constitutional law of February 7, 2011 “On courts of general jurisdiction in the Russian Federation.”

Federal Constitutional Law of April 28, 1995 “On Arbitration Courts in the Russian Federation.”

Federal Constitutional Law of June 23, 1999 No. 1-FKZ “On Military Courts of the Russian Federation.”

Court- a court or its structural subdivision of a collegium, presidium, the functions of which are related to the consideration and resolution of criminal, civil, and arbitration cases.

Court- the main task is to consider and resolve the case on its merits, for civil cases - to prove the unproven claims. In criminal cases, it involves proving a person’s involvement in the crime he is charged with and imposing a criminal penalty.

Courts differ from each other in the subject of consideration, the order of consideration, the degree of participation of the parties, and the final decisions.

Types of courts:

1) First instance
2) Court of Appeal
3) Cassation instance
4) Supervisory production
5) Resumption of proceedings due to new or newly discovered circumstances

First instance– consideration of the case on its merits. Answer the main essential questions of the case. In Civil and Arbitration proceedings, the main question is whether the claim will be satisfied or whether it will be refused. A claim is a demand that the plaintiff addresses to the court. In a criminal trial, the main issue in the case is the question of the guilt or innocence of the defendant in committing a crime. In a criminal trial there are two sides - the prosecution side, the defense side.
How does the trial take place? The main part is the judicial investigation. During the judicial investigation, evidence is examined. The principle of direct examination of evidence applies. (The court must learn the sources of information first-hand and should not limit itself to their retelling. n.r. witnesses must be called and questioned, documents read out). The parties actively participate in the process of examining evidence. After all the evidence has been examined, the judicial investigation ends and the debate between the parties begins (the parties’ final speeches addressed to the court; in their speech, the party once again formulates its request to the court, tries once again to justify the correctness of its position on the case, etc.). The mandatory stage is the final word of the defendant. Then the court retires to the deliberation room and issues an act (usually a decision, in criminal law a sentence).

The importance of the appellate authority– revision does not occur automatically. It is carried out only at the request of the parties. The reason is the appeal of the parties. The deadline for filing a complaint is 10 days in criminal proceedings, and 1 month in civil and arbitration proceedings. The task of the court is to verify the legality and validity of the appealed judicial act. Justification – the court bases its decision on the evidence examined, the decision is not contradictory, the decision must be motivated. In criminal proceedings, another requirement is tested - fairness.
How the case is reviewed - at the beginning of the trial, the judge makes a report on the case, sets out the essence of the case, sets out the essence of the court decision, announces the essence of the complaint, after which the parties speak, first the party who filed the complaint, then the opposite party who tries to object. Then the review of the case begins. An appeal is a re-examination of the case on its merits.
In criminal proceedings, the court is practically not limited by the complaint and has the right to consider the case in full. The court issues an act on the case. The court may either leave the complaint unsatisfied, may change the appealed decision in some part, or cancel the appealed decision and adopt a new one in its place.

The importance of the cassation authority– decisions that have entered into legal force are reviewed through the cassation procedure. The filing period is one year in criminal proceedings, six months in civil proceedings, and 2 months in arbitration proceedings. The judge examines the complaint to determine its validity and checks whether the arguments presented in the complaint really require revision. The presence of the parties to the dispute is not required. The court checks the case materials and does this in the absence of the parties. The final decisions are almost the same as in the appeal.
At the moment, cassation is in courts of general jurisdiction: a cassation appeal is filed against court decisions that have not entered into legal force. The period is only 10 days.

Supervised production- still has active force, but will soon be reduced to minimal participation. The period for filing a complaint in criminal proceedings is a year, in civil and arbitration proceedings - 3 months, and in courts of general jurisdiction - supervision is carried out in almost the same way as cassation. In the Arbitration process, supervision is exercised only by the Presidium of the Supreme Arbitration Court.

Resumption of proceedings due to new or newly discovered circumstances. Circumstances were identified that either did not exist at all at the time of consideration. Considered based on decisions that have already entered into force.

The courts are divided into instances depending on their procedural competence, in which one court - the higher one - has the right to check the decisions of the lower one and, if they are unfounded and illegal, change and cancel these decisions. So, a judicial authority is considered to be a court (or its structural unit) that performs a specific judicial function related to the resolution of court cases (making a decision on the merits of the case, checking the legality and validity of a decision that has or has not entered into legal force). In accordance with procedural competence, courts are divided into:

courts of first instance;

courts of second (cassation) instance;

supervisory courts.

A court of first instance is a court that is authorized to make decisions on the merits of those issues that are fundamental to a given case. In criminal cases, these are questions about the guilt or innocence of the defendant in committing a crime and about the application or non-application of criminal punishment, its specific measure. In civil cases, the essence of the case is usually the question of whether the claim brought is proven or not and the legal consequences that should occur. In relation to civil and criminal cases, the courts of first instance can be almost all courts within the limits of the powers granted to them by law. The exception is the federal arbitration courts of districts: they are not given the right to be courts of first instance.

The court of the second (cassation) instance is called upon to verify the legality and validity of sentences and other court decisions that have not entered into legal force. In the system of general and military courts, all courts except the main level courts can act in this capacity. In the subsystem of arbitration courts, the functions of cassation instances are performed by federal arbitration courts of districts. Cassation boards are formed in general courts of medium and higher levels. The verification of the legality of sentences passed with the participation of a jury and which have not entered into legal force is carried out by the Cassation Chamber, formed as part of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation.

Case proceedings:

• · having recognized the verdict (decision) as correct, leave it in force, and the cassation appeal or protest is not satisfied;
• · Having established that the verdict (decision) of the court of first instance does not correspond to the materials of the case, cancel it and transfer the case for a new trial; terminate the case and refer the criminal case for additional investigation; change the sentence or decision within certain limits; make a new decision in a civil case.

Russian judicial system

Based on the results of the cassation hearing of the case, the court of second instance issues a ruling that enters into legal force immediately and is not subject to appeal or appeal in cassation. It can only be appealed through judicial review.

The term “supervisory authority” has become widely accepted. It denotes the divisions of courts empowered to verify the legality and validity of sentences and other court decisions that have entered into legal force. In the system of general courts, presidiums of mid-level courts, as well as collegiums and the Presidium of the Supreme Court of the Russian Federation can act in this capacity. For military courts, this authority may be mid-level courts (they do not have presidiums). The Military Collegium of the Supreme Court of the Russian Federation, and for arbitration courts - the Presidium of the Supreme Arbitration Court of the Russian Federation.

After the adoption of the Law on Arbitration Courts on April 28, 1995, the term “appeal instance” again became known to the Russian judicial system. So far, such authorities exist in the subsystem of arbitration courts. By law, they are understood as courts authorized to re-examine cases in full in which the decision has not yet entered into legal force; one of the parties does not agree with it and has filed an appeal. In such cases, a new trial of the case takes place on the merits and, based on its results, a new decision is made. This function can only be performed by arbitration courts of constituent entities of the Russian Federation in relation to decisions made by the same courts at first instance.

A higher authority or superior court usually refers to courts occupying a higher level in relation to a given court. They also use the very consonant term “supreme court”. This term is synonymous with the names of the Supreme Court of the Russian Federation or the Supreme Arbitration Court of the Russian Federation.

COURT

a court or its structural unit performing a specific function related to the resolution of court cases (making a decision on the merits of the case, checking the legality and validity of such a decision).

The court of first instance is called the court. authorized to make decisions on the merits of those issues that are fundamental to the case. In criminal cases, these are questions about the guilt or innocence of the defendant in committing a crime and the application or non-application of criminal punishment and its specific measure. In civil cases, the essence of the case is usually the question of whether the claim brought is proven or not and the legal consequences that should occur. The exception is the federal arbitration courts of districts. The content of the competence of all courts of first instance is clearly defined in the current procedural legislation (see District Court. Supreme Court of the Russian Federation, Arbitration Courts. Military Courts).

The court of the second (cassation) instance is called upon to verify the legality and validity of sentences and other court decisions, which, as a rule, have not entered into legal force. In the system of courts of general jurisdiction (civil and military), all courts except the main level courts can act in this capacity. In the subsystem of arbitration courts, the functions of cassation instances are performed by federal arbitration courts of districts. In civil courts of general jurisdiction of the middle level and the Supreme Court of the Russian Federation, collegiums are formed, one of whose tasks is to verify the legality and validity of sentences and other court decisions of lower courts that have not entered into legal force. Such verification of verdicts passed with the participation of jurors is carried out by the Cassation Chamber, formed as part of the Judicial Collegium for Criminal Cases of the Armed Forces of the Russian Federation.

The term “supervisory authority” has become widely accepted. In the system of civil courts of general jurisdiction, presidiums of mid-level courts, as well as collegiums and the Presidium of the Armed Forces of the Russian Federation, can act in this capacity. For military courts, such an authority can be mid-level courts (they do not have presidiums) and the Military Collegium of the Armed Forces of the Russian Federation, and for arbitration courts - the Presidium of the Supreme Arbitration Court.

The main task of these authorities is to verify the legality and validity of all types of court decisions that have entered into legal force in compliance with a special procedure - supervisory proceedings.

The same authorities check the legality and validity of sentences and other court decisions in criminal cases that have entered into legal force. which is called proceedings based on newly discovered circumstances. As for decisions in civil (including arbitration) cases that have entered into legal force, their legality and validity based on newly discovered circumstances are usually verified by the same courts that made the decisions being verified.

A higher authority or higher court usually refers to courts or their structural divisions occupying a higher level. As noted in the Federal Code of the Russian Federation dated December 31, 1996 No. 1-FKZ “On the Judicial System of the Russian Federation,” “courts considering cases in the appellate or cassation order are considered superior to the courts of first instance. Courts considering cases in the manner of supervision , are considered superior to the courts that previously made decisions in the case."

They also use the very consonant term “supreme court”. This term is synonymous with the names of the RF Armed Forces or VAS.-

Gutsenko K.F.

Encyclopedia of Lawyer. 2005 .

See what "COURT" is in other dictionaries:

COURT Legal encyclopedia

The court or its structural unit (collegium, presidium), performing a strictly defined function related to the consideration or resolution of court cases (consideration of the case on the merits or verification of one or another form of legality and ... ... Wikipedia

The stage of consideration of a case in a court with a certain competence. In Russian civil and criminal proceedings, there are courts of first instance (makes a decision or sentence), cassation courts (considers cases of complaints and protests against... ... Encyclopedic Dictionary of Economics and Law

See Instance... Great Soviet Encyclopedia

appellate court for control over the collection of intelligence information about foreign countries- - Topics information protection EN foreign intelligence surveillance appeals court ... Technical Translator's Guide

Cassation court- a court that considers criminal cases in cassation based on complaints and submissions against sentences, rulings and decisions of courts of first and appellate instances that have not entered into legal force...

Supervisory court- a court that considers criminal cases by way of supervision based on complaints and submissions against sentences, rulings and court decisions that have entered into legal force... Encyclopedic dictionary-reference book for enterprise managers

The stage of consideration of a case in a court with a certain competence. In civil and criminal proceedings, there are courts of first, cassation and supervisory instances. Dictionary of financial terms... Financial Dictionary

Judicial authority- see Court... Encyclopedia of Law

JUDICIAL INSTANCE- COURT… Legal encyclopedia

Books

• Practical analysis of the main decisions of the European Court of Human Rights, taking into account decisions made in the Russian Federation Practical guide, Lupu A., Oskina I. Category: International law
• Practical analysis of the main decisions of the European Court of Human Rights (taking into account decisions made in the Russian Federation). Practical guide, A. A. Lupu, I. Yu. Oskina, The European Court of Human Rights (ECtHR) is a permanent international judicial body established by the Council of Europe with the aim of protecting the rights of citizens of member states, identifying violations ... Category: Miscellaneous Publisher: Unknown, Manufacturer:

Judicial system.

Signs:

1. The main link of the judicial system is district courts and municipal courts. This is due to the fact that the bulk of cases are considered and resolved on their merits, in accordance with the requirements of the law, only by these courts. These courts are designed to ensure citizens' free access to justice and the right to judicial protection. These courts are located closest to the place of residence of the population and they are organized in such a way that citizens have the best opportunity to go to court and receive the necessary legal advice.
2. There is an institutional relationship between the courts. This connection is intended to ensure the legality and special validity of decisions taken by the courts in the case. Elimination of violations of the law in the case.
3. Restoring justice and violated rights of participants in the process.

There are 4 types of instances: first, cassation, appeal, supervisory.

The formation of the courts of the judicial system does not coincide with the administrative-territorial division.

The judicial system of the Russian Federation is enshrined in the law “On the Constitutional Court of Russia”, “On Arbitration Courts of Russia”, “On Military Courts of Russia”, “On the Judicial System of the RSFSR” and in the Law “On Justices of the Peace”

The judicial system consists of four subsystems separated from each other:

1) judging of general jurisdiction (civil courts):

a. Supreme Court of Russia

b. Supreme Court of the Republic

c. Regional

d. Regional

e. Cities of federal significance

f. Autonomous regions

g. Autonomous okrugs

h. District (city) and military courts

2) Arbitration courts

a. Supreme Arbitration Court of Russia

b. District Arbitration Courts

c. Arbitration judging subjects

3) Constitutional Court of Russia

4) Constitutional statutory courts of the subjects

There are two types of courts:

1) Federal courts are the bulk of the courts.

a. constitutional Court

b. All courts of general jurisdiction minus justices of the peace.

c. All courts are arbitration.

b. Constitutional statutory courts of the constituent entities of the Russian Federation

Link of the judicial system. By judicial level we mean courts that have the same or uniform structure, occupy the same place in the judicial system and have uniform powers. The concept of a link is based on a sign of organizing the work of the court:

2) Regional and global

The judicial authority is the structural divisions of the courts vested with certain equivalent powers (competence) to consider, resolve cases or verify court decisions in connection with received complaints against these decisions. The authority is located in the link.

The instances allow the case to be heard by a court judge and the case to move from one court to another court.

Types of authorities:

2) Cassation

3) Appeal

First instance- consideration and resolution of the case on its merits (the first time) with a verdict or other final court decision.

Judicial composition:

1) Individually – one judge

2) 3 prof. judges

3) 1 judge and 12 jurors

Cassation instance- consideration of complaints against a sentence or other decision that has not entered into legal force.

Judicial composition - 3 professional judges.

That is, only a review of the case.

Appellate instance– consideration of complaints against a sentence passed by a magistrate that has not entered into legal force.

The judicial composition is one judge of the district court.

Supervisory authority- handling complaints

The judicial composition is no less than professional judges for judicial decisions that have entered into legal force.