Courts of general jurisdiction: their system and structure. System of courts of general jurisdiction in the Russian Federation (structure, jurisdiction and jurisdiction). Courts of general jurisdiction: concept, tasks and system

In accordance with Art. 1 FKZ “On ships general jurisdiction RF", the system of courts of general jurisdiction in the Russian Federation consists of federal courts of general jurisdiction and courts of general jurisdiction of the constituent entities of the Russian Federation. The first include 1. supreme courts of republics, regional, regional courts, city courts federal significance, court autonomous region, courts autonomous okrugs(courts of general jurisdiction in the constituent entities of the Russian Federation); 2. district courts, city courts, interdistrict courts (district courts);3. magistrates. Courts of general jurisdiction in Russian Federation consider civil, administrative and criminal cases, carrying out the largest volume of legal proceedings.

The lowest level of the system of territorial courts of general jurisdiction are justices of the peace. Formally being the courts of the constituent entities, they nevertheless administer justice on behalf of the Russian Federation and are financed by federal budget. Issues of administration of justice by magistrates are regulated by the Federal Code of Law, the Federal Law “On magistrates in the Russian Federation” dated December 17, 1998, and the laws of the constituent entities of the Russian Federation on magistrates.

Competence magistrate established in Art. 3 Federal Law “On Justices of the Peace”. Since the magistrate is a “community” court, his competence includes the consideration of simple, “ordinary cases”. For example, the competence of a magistrate judge includes consideration in the first instance:

1. criminal cases of crimes for the commission of which a maximum penalty not exceeding 3 years of imprisonment can be imposed (in accordance with Part 1 of Article 31 of the Code of Criminal Procedure of the Russian Federation).

2. cases of issuing a court order - that is, a court order for debt collection, which is issued by a single judge in clear, indisputable cases;

3. cases of divorce, if there is no dispute about children between the spouses; and also - on the division of jointly acquired property between spouses if the value of the claim is no more than fifty thousand rubles;

4. other matters arising from family legal relations, with the exception of:

All cases involving disputes about children (contesting paternity (maternity), establishing paternity, etc.);

About deprivation and restriction parental rights;

About the adoption of a child;

On the recognition of marriage as invalid;

5. cases on property disputes with a claim price not exceeding fifty thousand rubles, with the exception of:

Property inheritance cases;

Affairs arising from relationships to create and use results intellectual activity;

6. cases on determining the procedure for using property;

7. affairs about administrative offenses, referred by law to the competence of the magistrate.

In addition, the magistrate considers cases based on newly discovered circumstances in relation to decisions made by him in the first instance and which have entered into force.

All cases within the competence of the magistrate are considered and resolved by him alone.

Magistrates carry out their activities within the limits court districts , which are determined by the law of the subject of the Russian Federation.

In accordance with Art. 4 of the Federal Law “On Justices of the Peace in the Russian Federation”, court districts are created based on the population in one district from 15 to 23 thousand people. In administrative-territorial entities with a population of less than 15 thousand people, one judicial district is created.

Since justices of the peace are judges of constituent entities, the procedure for appointing them to office is determined by the Federal Law “On Justices of the Peace” and the laws of the constituent entity of the Russian Federation. A candidate for the position of justice of the peace must be a citizen of the Russian Federation, have a higher legal education, and at least 5 years of work experience in the legal profession; in addition, he must pass a qualifying exam.

The law provides for two ways of appointing magistrates to office. Thus, justices of the peace can either be appointed or elected to office by the legislative (representative) body state power subject of the Russian Federation, or be elected to office by the population of the corresponding judicial district in the manner established by the law of the subject of the Russian Federation.

A justice of the peace is appointed to the position for a period established by the law of the relevant constituent entity of the Russian Federation, but not more than five years. After the expiration of the specified period, the person who held the position of justice of the peace has the right to again nominate his candidacy for appointment to this position. For repeated and subsequent appointments, the term of office must be at least five years.

The work of a justice of the peace is ensured by his staff, structure and staffing table which are established in the manner prescribed by the law of the subject of the Russian Federation. Employees of the office of the magistrate are state civil servants of the corresponding constituent entity of the Russian Federation.

The next link in the subsystem of territorial courts is the courts of general jurisdiction of a city or district – in the wording of the Federal Law “On Courts of General Jurisdiction of the Russian Federation” - district court.

The district court is created by federal law in judicial district, the territory of which covers the territory of one district, city or other corresponding administrative-territorial unit of a constituent entity of the Russian Federation. The law allows for the creation of judicial districts covering several administrative territorial units subject of the Russian Federation (interdistrict court).

The district (city) court of general jurisdiction is the part of the judicial system that is entrusted with the largest amount of work. IN competence district court included :

I. administration of justice, namely:

1. consideration and resolution of civil and criminal cases in the first instance;

2. revision in appeal procedure decisions of the magistrate;

3. review of cases based on newly discovered and new circumstances.

II . Implementation of other types of legal proceedings, namely:

1. consideration and resolution of cases of administrative offenses;

2. making a decision on choosing a preventive measure in the form of detention, house arrest or bail, as well as on extending the period of detention or house arrest;

3. implementation judicial control on the basis of the provisions of the Law of the Russian Federation “On appealing to court actions and decisions that violate the rights and freedoms of citizens” of April 27, 1993;

4. rendering court decisions on the implementation of operational-search activities and investigative actions, violating constitutional rights and freedoms of citizens;

5. generalization judicial practice and analysis of judicial statistics.

Concerning organizations courts of general jurisdiction of the city (district), it depends on the staffing number of judges. The district court is formed by the chairman of the district court, his deputy (deputies) and judges of the district court, appointed to the position in the number determined by the Judicial Department of the Supreme Court of the Russian Federation in agreement with the chairman of the court of general jurisdiction in the relevant subject. In order to bring justice closer to the location or place of residence of persons participating in the case who are located or living in remote areas, by federal law a permanent judicial presence may be formed within the district court, located outside the permanent location of the court. The permanent judicial presence of the district court is a separate division court and exercises its powers.

Federal courts of general jurisdiction in a constituent entity of the Russian Federation are: the supreme courts of the republics within the Russian Federation, regional courts, regional courts, city courts of the cities of Moscow and St. Petersburg, court of the Jewish Autonomous Region, courts of autonomous districts. These courts consider cases as a court of first, appellate, cassation instances, based on new or newly discovered circumstances, and also exercise other powers in accordance with federal laws.

The courts in question operate as part of presidium of the court, judicial panel for civil cases and the Judicial Collegium for Criminal Cases.

Presidium a court of general jurisdiction of a constituent entity of the Russian Federation consists of the chairman of the court, his deputies, who are members of the presidium ex officio, and the most experienced and qualified members of the court in a number determined by the President of the Russian Federation. The Presidium of a court of general jurisdiction of a constituent entity of the Russian Federation has judicial and non-judicial powers. As a judicial body, it considers:

1. affairs on cassation complaints for those who have joined legal force decisions of district courts and magistrates,

2. appellate rulings supreme court of the republic, regional, regional court, courts of a federal city, courts of an autonomous region, courts Autonomous Okrug,

3. cases based on new or newly discovered circumstances.

As a non-judicial body, the Presidium decides the most general issues organization and activities of the court (for example, approves the composition of judicial panels, considers materials for studying and summarizing judicial practice and analyzing judicial statistics, etc.).

Judicial chambers of a court of general jurisdiction subjects of the Russian Federation are approved by the presidium of the court from among the judges of the relevant court. Chairman of the court of general jurisdiction of a constituent entity of the Russian Federation in necessary cases has the right, by order, to involve judges of one panel to consider a case as part of another panel. Judicial panels in civil and criminal cases consider cases within their powers as a court of first instance, in cassation procedure, and also due to newly discovered circumstances.

Yes, in the first instance judicial panel for civil cases considers:

1. civil cases related to state secret,

2. cases of challenging regulatory legal acts of state authorities of constituent entities of the Russian Federation affecting the rights and freedoms of citizens;

3. cases of suspension of activities, liquidation or prohibition of activities of regional departments political parties, public associations, religious organizations;

4. cases of suspension or termination of the activities of funds mass media, distributed primarily in the territory of one constituent entity of the Russian Federation;

5. cases of challenging decisions (evasion from decision-making) of election commissions of constituent entities of the Russian Federation, district election commissions for elections to legislative (representative) bodies of state power of constituent entities of the Russian Federation (with the exception of decisions upholding decisions of lower-level election commissions, referendum commissions);

5. cases on the dissolution of election commissions of the constituent entities of the Russian Federation, district election commissions for elections to legislative (representative) bodies of state power of the constituent entities of the Russian Federation;

6. cases of awarding compensation for violation of the right to legal proceedings in reasonable time or performance rights judicial act within a reasonable time in cases within the jurisdiction of magistrates and district courts.

Jurisdiction of criminal cases, considered by courts of general jurisdiction of the constituent entities of the Russian Federation, Part 3 of Art. 31 of the Code of Criminal Procedure in the form of a list of cases of crimes provided for by specific articles of the Criminal Code of the Russian Federation. In particular, these include cases of murder with aggravating circumstances (Part 2 of Article 105 of the Criminal Code of the Russian Federation), kidnapping with especially aggravating circumstances (Part 3 of Article 126 of the Criminal Code of the Russian Federation), rape with especially aggravating circumstances (Part. 3 Art. 131 of the Criminal Code of the Russian Federation) and about some other, usually serious crimes.

Besides, judicial panels considers:

1. as a court of appeal in cases: - on complaints and presentations against decisions of district courts, adopted by them as a court of first instance and which did not enter into force; - on complaints and presentations on interim judicial decisions of the supreme court of the republic, regional, regional court, courts of a federal city, a court of an autonomous region, a court of an autonomous district, rendered by them in the course of criminal proceedings as a court of first instance;2. as a court of cassation, cases on complaints, submissions against interim judicial decisions of the supreme court of a 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, issued by them in the course of criminal proceedings as a court of first instance;

Judges (including chairmen, deputy chairmen) of courts of a city, district or subject of the Federation are appointed to the position by the President of the Russian Federation on the proposal of the Chairman of the Supreme Court of the Russian Federation, based on the conclusion qualification board judges of the appropriate level.

In addition to territorial courts, courts of general jurisdiction include military courts, which are included in judicial system RF in 1999, replacing military tribunals, which throughout their existence functioned separately and were not part of the country’s unified judicial system. On June 23, 1999, the Federal Law “On Military Courts of the Russian Federation” was adopted, which defined military courts as federal courts of general jurisdiction exercising judicial power in the Armed Forces of the Russian Federation, other troops, military formations and federal bodies executive power, which provide military service. Military courts are created at the place of deployment military units and institutions of the Armed Forces of the Russian Federation, other troops, military formations and organs. Military courts are located in places open to free access.

The competence of military courts includes consideration of the following categories of cases:

1. civil and administrative cases on the protection of violated and (or) disputed rights, freedoms and legally protected interests of military personnel of the Armed Forces of the Russian Federation, other troops, military formations and bodies (hereinafter referred to as military personnel), citizens undergoing military training, from actions (inactions) military authorities, military officials and the decisions they made;

2. cases of all crimes committed by military personnel and citizens undergoing military training, cases of crimes committed by citizens ( foreign citizens) during the period of their military service, military training, as well as cases within the competence of military courts by the Criminal Procedure Code of the Russian Federation;

3. cases of administrative offenses committed by military personnel and citizens undergoing military training;

4. cases on applications for the award of compensation for violation of the right to trial within a reasonable time or the right to execution of a judicial act within a reasonable time in cases within the jurisdiction of military courts.

In addition, military courts, in cases and in the manner established by federal law, consider materials on the commission of gross assaults by military personnel, citizens undergoing military training, disciplinary offenses, for the commission of which a disciplinary arrest may be imposed.

If cases of crimes committed by a group of persons, a group of persons by prior conspiracy, an organized group or criminal community, are within the jurisdiction of a military court in relation to at least one of the accomplices, and the separation of a criminal case in relation to other persons is impossible, these cases in relation to all persons are considered by the appropriate military court.

Military court system on the territory of the Russian Federation is built not on a territorial, but on a functional principle, that is, military courts are deployed at the location of the territorial units of military command and control bodies - garrisons and military districts (fleets).

The first (main) link of military courts is garrison military court . It is created in the territory in which one or more military garrisons are stationed, and is composed of a chairman, his deputies and other judges.

The court of the second (middle) link of the subsystem of military courts is district (naval) military court consisting of the chairman, his deputies, and other judges. It forms a presidium, and may also create judicial panels and (or) judicial panels. It operates on the territory of one or more constituent entities of the Russian Federation, where military units and institutions of the Armed Forces of the Russian Federation, other troops, military formations and bodies are stationed.

Military Collegium The Supreme Court of the Russian Federation is the highest level court for military courts. It is organizationally part of the Supreme Court of the Russian Federation.

Judges of military courts are subject to the same requirements as judges of other courts of general jurisdiction. A military serviceman who has a military rank officer, as well as a citizen who has the military rank of officer, is in the reserve or is retired.

Justices of the peace

District Court

Courts of the constituent entities of the Russian Federation

Supreme Court of the Russian Federation

Military courts

Justices of the peace

Magistrates in the Russian Federation are judges of general jurisdiction of the constituent entities of the Russian Federation and are part of the unified judicial system of the Russian Federation. The powers, procedure for the activities of justices of the peace and the procedure for creating positions of justices of the peace are established by the Constitution, the Law on the Judicial System, other federal constitutional laws, Federal Law of December 17, 1998 No. 188-FZ “On Justices of the Peace in the Russian Federation”, and the procedure for appointment (election) and activities of justices of the peace is also established by the laws of the constituent entities of the Russian Federation.

Competence of a justice of the peace. The magistrate judges cases within his competence individually. The magistrate considers in the first instance:

criminal cases of crimes for which a maximum penalty not exceeding three years of imprisonment can be imposed;

cases of issuing a court order;

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

cases on the division of jointly acquired property between spouses;

other cases arising from family legal relations, with the exception of cases of challenging paternity (maternity), establishing paternity, deprivation of parental rights, adoption of a child;

cases on property disputes with the value of the claim not exceeding 500 minimum sizes wages established by law at the time of filing the application;

cases arising from labor relations, with the exception of cases of reinstatement;

cases on determining the order of use land plots, buildings and other real estate;

cases of administrative offenses within the competence of the magistrate judge of the Code of Administrative Offences;

cases based on newly discovered circumstances in relation to decisions made by the magistrate in the first instance and which entered into force.

Justices of the peace operate within the boundaries of judicial districts. The total number of justices of the peace and the number of judicial districts of a subject of the Russian Federation are determined by federal law on the legislative initiative of the corresponding subject of the Russian Federation, agreed with the Supreme Court of the Russian Federation, or on the initiative of the Supreme Court of the Russian Federation, agreed with the corresponding subject of the Russian Federation.

Judicial districts and positions of justices of the peace are created and abolished by the laws of the constituent entities of the Russian Federation. Judicial districts are created based on the population size in one district from 15 to 30 thousand people. In administrative-territorial entities with a population of less than 15 thousand people, one judicial district is created.

District Court

The district court is the main link in the judicial system of the Russian Federation. It is a court of general jurisdiction. In accordance with Art. 21 of the Law on the Judicial System, the district court, within its competence, considers cases as a court of the first and second (appeal) instances, and also exercises other powers provided for by law. The district court is the immediate superior court in relation to the justices of the peace operating in the territory of the corresponding judicial district.

Competence of the district court. The district court exercises the following powers:

considers criminal cases within its jurisdiction as a court of first instance.

The district court has jurisdiction over criminal cases of all crimes, with the exception of the criminal cases specified in Part 1 of Art. 31 (regarding the jurisdiction of criminal cases by the magistrate), parts 3 and 4 of Art. 31 Code of Criminal Procedure;

considers, as a court of first instance, all civil cases assigned by the Civil Procedure Code to its jurisdiction;

considers materials on the selection of a preventive measure in the form of detention or house arrest.

In addition, the district court decides the following issues:

on extending the period of detention;

placement of a suspect, accused, not in custody, in a medical or psychiatric hospital for carrying out a forensic medical or forensic psychiatric examination, respectively;

carrying out an inspection of a home in the absence of the consent of the persons living in it;

conducting a search and (or) seizure of a home;

conducting a personal search;

production of seizure of objects and documents containing information about state or other federally protected secret law, as well as about deposits and accounts in banks and other credit institutions;

seizing correspondence and seizing it from communication institutions;

seizure of property, including funds of individuals and legal entities located in accounts and deposits or stored in banks and other credit institutions;

temporary suspension of the accused from office;

monitoring and recording telephone and other conversations;

During pre-trial proceedings, considers complaints against actions (inaction) and decisions of the prosecutor, investigator, inquiry body and interrogating officer in cases and in the manner provided for by procedural legislation.

Composition of the court. The district court consists of: the chairman of the court, the deputy chairman of the district court, judges, court staff (secretaries of the court session, head of the office for civil and criminal cases, archivist, clerk, court consultant, court administrator).

In accordance with paragraph 2, part 3, art. 4 FKZ “On the judicial system of the Russian Federation” On the judicial system of the Russian Federation: Federal constitutional law dated December 31, 1996 No. 1-FKZ [Text] // SZ RF. 1997. No. 1. The system of federal courts of general jurisdiction consists of: “ Supreme Court Russian Federation, supreme courts of republics, regional and regional courts, courts of federal cities, courts of the autonomous region and autonomous districts, district courts, military loans and specialized courts" As you can see, the system of federal courts of general jurisdiction corresponds to the federal structure, administrative-territorial and military-administrative division of Russia. The courts included in the system of federal courts of general jurisdiction differ in the scope of their competence; in theory, it is proposed to use the term “judicial link”. Courts with the same scope of competence occupy the same place in the judicial system, in other words, they are courts of the same level of the judicial system. The federal structure and administrative-territorial division of Russia has three parts: Federation, subject and region. Accordingly, we have three judicial links in the system of federal courts of general jurisdiction: the district (city) court, the court of the constituent entity of the Russian Federation and the Supreme Court of the Russian Federation. Depending on the content of the competence enshrined in the norms of procedural legislation, the courts are divided into courts of the first, appellate, cassation and supervisory instances. The courts of the first instance consider and resolve civil and criminal cases on the merits. Courts of appeal (district courts) review decisions of magistrates on the basis of a new judicial trial with a new decision on the merits. Cassation courts check the legality and validity of decisions of the court of first instance that have not entered into legal force. And finally, supervisory courts check the legality and validity of decisions of first instance courts that have entered into legal force.

The Constitution of the Russian Federation (Article 126) establishes that the Supreme Court of the Russian Federation is the highest judicial body in civil, criminal, administrative and other cases, within the jurisdiction of courts of general jurisdiction, and exercises jurisdiction in accordance with federal law. procedural forms judicial supervision of their activities and provides clarification on issues of judicial practice. The Supreme Court is the highest judicial body not for all federal courts, but only for courts of general jurisdiction; its jurisdiction does not include constitutional and arbitration justice. The list of cases in respect of which the Supreme Court of the Russian Federation is the highest judicial body does not look very clear. Well-known categories of civil, criminal and administrative cases are mentioned, but the content of “other cases” is not disclosed, which should be interpreted as an opportunity in the future to expand the jurisdiction of courts of general jurisdiction. The above article of the Constitution of the Russian Federation formulates another important function of the Supreme Court: to exercise supervision over the activities of lower courts. This provision has long been controversial among experts, many of whom see oversight as a hidden violation of judicial independence. However, there are no sufficient grounds for such suspicions, since the Supreme Court, as the highest court supervises the courts not by commanding them, but by carrying out a review of court cases, natural for any such body, in the cassation procedure, as well as in the order of supervision and based on newly discovered circumstances. The right of the Supreme Court of the Russian Federation to give explanations on issues of judicial practice is often questioned, in which many also see a danger to the independence of lower courts. However, even here such a danger does not seem to be substantial. The clarifications now, unlike in previous years, are not characterized as guiding, but they serve usefully for uniformity law enforcement practice on specific issues, and therefore are welcomed by the courts themselves. Nowhere in the law are such clarifications called mandatory, but it is clear that they only make sense if all courts follow them.

The middle level of courts of general jurisdiction are the courts operating at the level of the territories of the constituent entities of the Federation. The names of these vessels correspond to legal status subject - Supreme courts of republics, regional, regional, district, city (only in Moscow and St. Petersburg). The courts of the constituent entities of the Russian Federation - regional (regional) courts, courts of federal cities, courts of an autonomous region, courts of autonomous districts are federal courts of general jurisdiction. In the system of federal courts of general jurisdiction, they occupy the position of mid-level courts, being at the same time the highest judicial bodies of the relevant constituent entities of the Russian Federation. The place of these courts in the judicial system of general jurisdiction is determined by the federal structure of the Russian Federation Fokin V.M. Law enforcement Russian Federation: Textbook. M.: “Bylina”, 2002. p. 36.. Being superior courts in relation to district courts, they are authorized to exercise the function of supervision over judicial activity this part of the judicial system. In turn, the courts of the constituent entities of the federation are subject to supervision by the Supreme Court of the Russian Federation as the highest judicial body of the Russian Federation.

Military courts are part of the judicial system of the Russian Federation, are federal courts, administer justice in the Armed Forces of the Russian Federation, other troops, as well as in bodies and formations in which current legislation military service is provided. They operate on the basis of the RSFSR Law on the Judicial System of 1981, the federal law of 1994. Judges of military courts are appointed to office by the President of the Russian Federation on the proposal of the Chairman of the Supreme Court of the Russian Federation, based on the conclusion of the qualification boards of judges of these courts.

A district court is a federal court of general jurisdiction. District courts are formed in each district or city. Great legal encyclopedia. M.: Eksmo, 2006. p. 154.. One court can be created for a district and a city. A district court may be created on a territory that does not coincide with the boundaries of an administrative district. To the district courts according to legal status equals city, intermunicipal and district courts. People's courts(district, city, intermunicipal) are the lower level of the judicial system of courts.

The legal basis for the formation of the judicial system of the Russian Federation is Article 118 of the Constitution of the Russian Federation. Based on this constitutional norm The Federal Constitutional Law “On the Judicial System of the Russian Federation” was developed and adopted on December 31, 1996.

History of development judiciary in Russia showed the inexpediency and impossibility of blind copying foreign experience in this part of nation-building. Courts of general jurisdiction, as the most predominant division of courts, have to try on “foreign clothes” especially carefully. They are closest to the population and are especially influenced by political, economic and legal conditions in which they have to function. It is very important to take into account the historical conditions for the formation of the system of courts of general jurisdiction, the traditions that have developed over centuries, and the legal culture.

In the Russian Federation, the system of courts of general jurisdiction is built taking into account the federal structure of the country and the administrative-territorial division.

With the collapse of the USSR, Russia became independent independent state, which could now form its own federal structure based on internal circumstances, existing domestic economic, ethnic, social and other ties. The 1993 Constitution, adopted by popular referendum, consolidated the state of the Russian Federation from 89 federal subjects: 21 republics, 6 territories, 49 regions, 2 federal cities (Moscow and St. Petersburg), 1 autonomous region and 10 autonomous okrugs.

When enshrining in the Constitution the presence of judicial power in Russia (Chapter VII) and building it on more democratic principles, it was necessary to take into account the main purpose of the judicial power - the protection of rights, freedoms and legitimate interests citizens living in the Russian Federation. To do this, it was necessary to bring the courts, which primarily implement the function of justice, closer to the population. The announced reform of the judicial system, among other conditions, provided for an increase in the number of links in the judicial system.

In accordance with the law “On the Judicial System of the Russian Federation,” the system of courts of general jurisdiction consists of six links:

• - Supreme Court of the Russian Federation;
• - Supreme courts of republics, regional, regional courts, courts of federal cities, courts of the autonomous region and courts of autonomous districts;
• - district courts;
• - military courts;
• - specialized federal courts;
• - justices of the peace.

In the current system of courts of general jurisdiction, the Supreme Court of the Russian Federation is connected with lower courts only procedurally legal relations. The Judicial Department, created on the basis of the Federal Law “On Judicial Department at the Supreme Court of the Russian Federation", which entered into force on January 14, 1998.

The powers of justices of the peace are determined by the Law of the Russian Federation “On Justices of the Peace in the Russian Federation” of December 17, 1998.

The Supreme Court of the Russian Federation, in accordance with Article 126 of the Constitution of the Russian Federation, is the highest judicial body in civil, criminal, administrative and other cases under the jurisdiction of courts of general jurisdiction. In the procedural forms provided for by federal law, he exercises judicial supervision over their activities and provides clarifications on issues of judicial practice.

The structure of the current Supreme Court: plenum, presidium, judicial board for civil cases, judicial board for criminal cases, military board, cassation chamber.

The Chairman of the Supreme Court is appointed to the position by the Federation Council on the recommendation of the President of the Russian Federation, based on the conclusion of the qualification board of this court. Deputy chairmen and other judges of the Supreme Court are appointed to the position by the Federation Council on the proposal of the President of the Russian Federation, based in turn on the proposal of the Chairman of the Supreme Court and the conclusion of the qualification board of this court (Article 102.128 of the Constitution of the Russian Federation and Article 13 of the Federal Law "On the Judicial System of the Russian Federation") .

The Plenum of the Supreme Court consists of a chairman, deputy chairmen and includes all the judges of this court. The purpose of the Plenum is to ensure the unity of judicial practice in the Russian Federation by providing clarifications on issues related to the application of legislation by courts.

The Presidium of the Supreme Court consists of a chairman, a deputy chairman and several judges, and in total the Presidium consists of 13 judges.

The judicial panels for civil and criminal cases, as well as the military panel, act as courts of first and second instance. They also have the right to consider cases in which specific court rulings came into force.

Carrying out judicial supervision, the judicial panels for civil and criminal cases, the military panel and the cassation chamber consider cases composed of three judges.

Decisions made by the Supreme Court of the Russian Federation at first instance can be reviewed by the same court in cassation and in supervisory procedure.

Every year, the Supreme Court of the Russian Federation considers over 6 thousand cases at first instance and in cassation, about 5 thousand cases are reviewed in the supervisory order. In addition, the Supreme Court resolves over 90 thousand complaints against sentences and decisions of courts of the Russian Federation that have entered into legal force. 1

Article 104 of the Constitution of the Russian Federation vested the Supreme Court of the Russian Federation with the right of legislative initiative. Question about entering into State Duma relevant bills are decided by the Plenum of the Supreme Court of the Russian Federation.2 Active implementation is currently underway judicial reform, is formed the legislative framework, are entered significant changes into legislation, therefore the Supreme Court of the Russian Federation widely uses the right of legislative initiative. Since the adoption of the Constitution of the Russian Federation, the Supreme Court of the Russian Federation has used its right of legislative initiative 16 times, which included proposals to consider legislative branch a number of federal projects.

Describing the judicial system of the Russian Federation, we examine it by level, starting with the Supreme Court of the Russian Federation, which is at the highest level of the judicial hierarchical ladder.

The third level, which is closest in the system of courts of general jurisdiction to the Supreme Court of the Russian Federation, is occupied by the supreme courts of republics, regional, regional courts, courts of federal cities, courts of autonomous regions and autonomous districts.

The listed courts have the same competence. They are responsible for the consideration of the most complex civil and criminal cases at first instance. They act as a second instance in checking cases on cassation complaints and cassation protests received from district courts. It must be assumed that since decisions of magistrates are not provided for cassation appeal, then checking the decisions made appellate authority will be carried out by third-level courts as a third instance. Review of court decisions by these courts is carried out through cassation and supervisory procedures.

Cassation review is carried out by judicial panels in civil and criminal cases. Review of cases in a supervisory manner is carried out by the Presidium. The Presidium consists of the chairman of the court, deputy chairmen and a number of the most experienced judges. The Presidium has an odd number of members. Court decisions that have not entered into legal force are reviewed through the cassation procedure, while those that have entered into legal force are reviewed through the supervisory procedure.

The second link in the system of courts of general jurisdiction are district courts. Before the introduction of justices of the peace, they constituted the first and main link, since they considered the bulk of civil, criminal cases and administrative materials. Currently, the volume of work of district courts can be determined through the jurisdiction of cases. The jurisdiction of cases by district courts can be determined by excluding cases of jurisdiction by higher courts, as well as magistrates and military courts. The emergence of justices of the peace and the introduction of amendments and additions to the Civil Procedure and Criminal Procedure Codes by federal laws of August 7, 2000 vested district courts with the powers of a court of second instance. Their competence includes reviewing court decisions made by magistrates on appeal.

The specificity of an appellate review is that, unlike a review in cassation and supervisory procedures, it presents the possibility of a new consideration of the case with the personal appearance of participants in the process, witnesses, experts, verification of various evidence and the issuance of a new decision. According to the additions to procedural law The district court either confirms the sentence (decision) made by the magistrate or issues a new one.

In order to implement the Concept of Judicial Reform, the Law “On Justices of the Peace in the Russian Federation” was adopted in December 1998.

Article 1 of this law says that justices of the peace are judges of general jurisdiction of the constituent entities of the Russian Federation and are part of the unified judicial system of the Russian Federation.

The competence of district courts also includes the consideration of complaints against the actions and decisions of officials who violate the rights of citizens at the stage preliminary investigation crimes.

Magistrates carry out their activities on court districts with a population of 15 to 30 thousand people. The number of judicial districts and, accordingly, the number of justices of the peace is determined by the legislative initiative of the constituent entities of the Russian Federation, agreed with the Supreme Court of the Russian Federation and established by federal law (Article 4).

Since justices of the peace are judges of a constituent entity of the Federation, the procedure for their appointment differs from the procedure for appointing federal judges. Subject of the Federation represented by legislature state power determines the procedure for appointing magistrates to the position by electing representative body or population.

Article 5 of the Law announces the requirements for a candidate for the position of justice of the peace: reaching 25 years of age, having a higher legal education, work experience legal profession at least 5 years, not committing acts that discredit him, passing a qualification exam and receiving a recommendation from the qualification board of judges of the relevant subject of the Federation.

A justice of the peace is appointed (elected) for a period determined by the subject of the federation, but not more than 5 years. A justice of the peace may also be reappointed to the same position for a period, although established by the subject of the federation, but not less than 5 years.

The competence of justices of the peace includes the consideration of certain categories of civil cases that are not particularly complex, and criminal cases that do not entail the application of severe penalties. Justices of the peace will also hear all cases of administrative violations.

The cases to be considered by magistrates are simple only from the point of view of professional judges and qualified lawyers. For the population and for each individual citizen, all cases, the resolution of which is within the competence of justices of the peace, will be felt as important, because behind them, no matter which judge listens to them, there are human tragedies, pain, losses, changes in fate. This is confirmed even by a brief list of cases within the competence of justices of the peace.

Criminal cases considered by magistrates are cases of crimes for which a maximum penalty not exceeding two years of imprisonment can be imposed: civil cases related to the issuance of a court order, cases of divorce, if there is no dispute between the spouses about children; cases on the division of jointly acquired property between spouses; cases on property disputes where the value of the claim does not exceed five hundred minimum wages and some other categories of cases.

The categories of cases already mentioned indicate what kind of important role The justice of the peace will play a role in the life of society, so he must be accessible and understandable to people (the world), it is assumed that he will be accessible, since he is the closest of all the courts to the population in order to “extinguish” more quickly conflict situation that arose between individual members of society and “pacify” people, contributing to the acquisition or maintenance of a state of social stability by a righteous decision (and therefore the judge is the magistrate).

The paperwork of a magistrate should be clear, simple and understandable for any citizen.

It is assumed that the staff of the magistrate, ensuring his work, will be small: the assistant magistrate, as a civil servant of category “B”, must have a higher legal education, and the secretary, as a civil servant of category “B”, must have vocational education. 1

Military courts are created taking into account the structure of the Armed Forces according to territorial principle- at the location of troops and fleets.

As bodies of justice, military courts perform common tasks common to all courts, which in the specific conditions of the Armed Forces manifest themselves as maintaining the legality and established order of military service.

Military courts under this name began to operate on April 21, 1992 after the abolition of military tribunals stationed on the territory of the RSFSR. They are included in the judicial system of the Russian Federation. New law“On Military Courts of the Russian Federation” was adopted on May 20, 1999 by the State Duma and approved by the Federation Council on June 9.

Military courts are not emergency courts, the creation of which is prohibited by Part 3 of Article 118 of the Constitution of the Russian Federation.

The system of military courts is formed by: garrison military courts, district (naval) military courts and the military collegium of the Supreme Court of the Russian Federation.

In total, in the Russian Federation there are 9 district military courts, 3 naval military courts and the military court of the Strategic Missile Forces, operating as the Military Court of the district.

Military courts consider:

• - criminal cases of which military personnel, as well as citizens undergoing military training, are accused;
• - cases of administrative offenses committed by military personnel and citizens undergoing military training;
• - civil and administrative cases on the protection of violated and (or) disputed rights, freedoms and legally protected interests of military personnel, citizens undergoing military training, from the actions (inaction) of military command and control bodies, military officials and decisions made by them.

Decisions of the Military Collegium can be reviewed in cassation and supervisory procedures by the collegiums of the Supreme Court in civil and criminal cases, as well as by the Presidium of the Supreme Court of the Russian Federation.

The practice of military personnel filing complaints in military courts for the protection of their rights and freedoms has become widespread. If in 1993 about 3 thousand military personnel filed such complaints with military courts, then in 1998 - over 42 thousand. All categories of military personnel apply to military courts.

The topic presented with an indication various features individual courts provides an opportunity to define the judicial system in the Russian Federation: Authors studying the problems of the judiciary and the judicial system give different definitions of the latter.

The judicial system is the totality of all courts of the Russian Federation (federal courts and courts of constituent entities of the Russian Federation), included in a single judicial system, having common tasks, principles of organization and activities in the administration of justice and implementing through justice an independent judicial power, acting independently of the legislative and executive authorities.

In the author’s opinion, the judicial system of the Russian Federation should be determined taking into account that the independent judicial power represented by the courts is one of the most basic, even incomparable values ​​necessary for everyone and our entire society as a whole. A value that is not yet realized by the majority of the population due to the lack of clarification of the meaning of law and the significance of a full-fledged independent judiciary.

Russia almost the entire period of its historical development, being born in indescribable and not fully described torment, she suffered through the right to have judicial power. And in Chapter 7 of the Russian Constitution its birth was designated and enshrined.

Russia now, more than other countries, needs to understand the essence and meaning of the doctrine of separation of powers and judicial independence. A major Russian constitutional initiative is perhaps the first in the history of our country.

An independent judiciary must also have bodies that implement its functions, also independent of each other within their system, and this is important to emphasize. The court and judges will not be independent if they look back at how higher courts evaluate their activities. The procedural connection between courts in specific cases is a mandatory procedure provided for by law, which ultimately ensures the receipt of a decision, the characteristic feature of which will be truth, i.e. establishment of an undoubted, indisputable position enshrined in an act of the judiciary. Yes, the separation of powers presupposes the independence and independence of each branch of government from each other. But the judiciary cannot be a balancing act if it does not act confidently on the basis of internal understanding, on the basis of highly moral professionalism, secured by the Law. And every judge, every judicial body must administer court in such a way that it is clear: he is a legislator in a specific case. After all, a court decision is the law on a specific case, dispute, situation. As practice shows, more than 95% of judicial acts (decisions, sentences, court orders, decisions) are not appealed by the parties and participants in the process. This means that in each specific area, in the face of the population, the judiciary overwhelmingly makes indisputable decisions. The magistrate, being the first link in the judicial hierarchy, must have, show and demonstrate his independence, which confirms the authority of the judiciary. The overwhelming majority of the Russian population must find the truth and experience the fullness of justice not at the top hierarchical level of the courts, but below - at its very first level.

Any court provided for by the Constitution of the Russian Federation and acting on the basis of the Constitution, constitutional federal and federal laws, is government agency judicial power and exercises it on behalf of the state. Judicial power is also manifested in the mandatory execution of judicial acts.

The judiciary is engaged in law enforcement activities not only in the form of justice. Implementing the function of judicial control provided for by the Constitution of the Russian Federation, the judiciary has a real opportunity not to apply legal acts which are not worn legal nature and from legal phenomenon(forms of expression of law) turn into a means of illegal rule-making and an instrument of violence.

Taking into account the above, the following definition of the judicial system in the Russian Federation is proposed. The judicial system in the Russian Federation is a set of independent courts that implement the function of the judiciary and have common tasks to ensure the rule of law, protect constitutional order, rights and freedoms of citizens and other social values, united by common principles of organization and activity, applying the same material laws and subject to institutionally agreed upon legislation.

One of the branches of the judiciary, whose competence includes the consideration of all criminal cases, as well as civil cases and cases of administrative offenses, with the exception of cases under jurisdiction arbitration courts, (Article 4 of the Federal Law “On Courts of General Jurisdiction in the Russian Federation”) are called courts of general jurisdiction.

All courts of general jurisdiction are a system of courts. According to Part 1 of Art. 1 of the Federal Law “On Courts of General Jurisdiction in the Russian Federation”, the system of courts of general jurisdiction consists of federal courts of general jurisdiction and courts of general jurisdiction of the constituent entities of the Russian Federation. In accordance with part 2 of Art. 1 of the Federal Law “On Courts of General Jurisdiction in the Russian Federation”, federal courts of general jurisdiction include:

1) Supreme Court of the Russian Federation;

2) supreme courts of republics, regional, regional courts, courts of federal cities, courts of an autonomous region, courts of autonomous districts;

3) district courts, city courts, interdistrict courts (the law unites all the courts listed in this paragraph under the common name - district courts);

4) military courts;

5) specialized courts.

In accordance with part 3 of Art. 1 of the Federal Law “On Courts of General Jurisdiction in the Russian Federation”, courts of general jurisdiction of the constituent entities of the Russian Federation include magistrates.

Since (this will be shown later) the main links in the system of courts of general jurisdiction are the lower links, we believe that for methodological purposes, when naming the courts, the list should begin with the magistrate. Thus, courts of general jurisdiction include magistrates, district (city) courts, courts of federal subjects, military courts and the Supreme Court of the Russian Federation.

Military courts are also courts of general jurisdiction. Sometimes military courts are contrasted with courts of general jurisdiction, which is essentially incorrect. It is permissible to speak conditionally only about civil and military courts of general jurisdiction.

The following definition can be given to the system of courts of general jurisdiction. The system of courts of general jurisdiction is a set of courts (federal and local) headed by the Supreme Court of the Russian Federation, interconnected by legally established relationships for the administration of justice in criminal, civil cases and cases of administrative offenses.

Schematically, the system of courts of general jurisdiction can be represented as follows:

The construction and functioning of the system of courts of general jurisdiction is based on three fundamental principles.

1. Unity of the system of courts of general jurisdiction.

Signs of system unity general courts are: A) the unification of all courts by the highest judicial body - the Supreme Court of the Russian Federation, which is directly provided for by the Constitution of the Russian Federation (Article 126) and the Federal Law “On the Judicial System of the Russian Federation” (Part 1, Article 19); b) the presence of identical legal essence connections between its higher and lower levels, both through civilian and military courts. Decisions of a lower court that have not entered into legal force are appealed to a higher court through the appellate procedure. This is typical for the relationships of all links.

Checking the legality and validity of decisions that have entered into force is also carried out according to uniform rules. The instructions of the regional court, which overturned the decision of the district court, are to the same extent mandatory for the latter as the instructions of the Supreme Court of the Russian Federation for a regional or district military court for a garrison court; V) the absence of organizationally isolated courts from each other, authorized to consider only criminal, civil cases or cases of administrative offenses. Currently, in multi-member courts, specialization of judges is practiced. However, legally, every judge has the right to consider any category of cases; G) exercising control over the activities of magistrates in federal courts. Despite the organizational specifics of the formation of the institution of justices of the peace (these are the courts of the constituent entities of the federation), the procedural procedure for reviewing decisions made by them does not differ from the procedure for reviewing court decisions made by other courts. Justices of the peace are “built-in” into the general state judicial system and are part of it. In this sense, we do not have separate systems of federal courts and courts of federal subjects; the system of courts of general jurisdiction is unified.

The unity of the judicial system ensures the unity of judicial practice when considering relevant categories of cases.

2. Compliance with the administrative-territorial division of the country while taking into account its federal structure.

Judicial authorities have been created in every subject of the federation and in almost every administrative region (Articles 24, 32 of the Federal Law “On Courts of General Jurisdiction in the Russian Federation”). This ensures maximum access to justice for the population, since the courts are close to the place of residence of citizens. The fact that in Lately There is a consolidation of judicial districts (one court is created on the territory of two administrative districts that have a common border, i.e., in fact, interdistrict courts are created), which does not fundamentally change the situation. Consolidation is necessary for optimal use of judicial staff. Each judicial district has at least one magistrate, and larger districts have several magistrate court districts. The republics have implemented the same approaches to organizing the judiciary as in other regions. Decisions of the supreme courts of republics are subject to review by the Supreme Court of the Russian Federation according to the same rules as decisions of courts of other subjects of the federation. Therefore, the structure of the judicial authorities is implemented rather as in a unitary rather than federal state. This is the peculiarity. The federal structure is manifested in the names of the highest judiciary republics, partly in the presence of magistrates in the subjects of the federation and in some other features that do not fundamentally affect the situation.

Federal courts make up the bulk of the judiciary. The vast majority of criminal cases and more than half of civil cases are jurisdictional only in federal courts. The decisions and sentences of magistrate judges are subject to review by federal courts. Justices of the peace are the courts of the constituent entities of the federation, however, issues of their competence and the fundamental provisions of the formation procedure are determined by federal legislation.

A justified exception to the principle under consideration is the organization of military courts. The deployment of the Armed Forces does not always coincide with the administrative-territorial division of the country. Military units in force international agreements may be located outside the territory of the state. In this regard, military courts are organized in accordance with the structure of the Armed Forces.

The principles of the unity of the system of courts of general jurisdiction and the correspondence of its construction to the administrative-territorial division of the country, taking into account the federal structure, make the judicial system a fairly strong guarantor of the integrity of the Russian state.

3. Lower levels (district courts and magistrates) are the main links in the system of courts of general jurisdiction.

The system of courts of general jurisdiction can be represented as a pyramid, at the top of which is the Supreme Court of the Russian Federation, and below, towards the expanding base, are the courts of each of the subjects of the federation, district courts and, further, justices of the peace. The lower the level of the court, the greater their number. This circumstance organizationally promotes the population's access to justice. For the same purposes, as well as to ensure the protection of the interests of citizens consistently in each of the courts included in the system, the legislator assigns almost all (with a few exceptions) criminal and civil cases to the jurisdiction of district and magistrate courts. Thus, “entry” into the system of courts of general jurisdiction is through the base of the pyramid. The bulk of cases are heard by district courts (approximately 50-55%) and magistrates (approximately 40-45%). Participants in legal proceedings have the right to appeal decision in the prescribed manner, first to the court directly above the court that made the decision, then to the next link, and finally to the Supreme Court of the Russian Federation. The presence of a hierarchically structured court system (a higher court controls the quality of justice lower court) ensures access to justice and timely elimination of judicial errors. The Supreme Court of the Russian Federation exercises judicial supervision over the activities of all lower judicial levels and determines judicial policy in cases within the competence of courts of general jurisdiction.