17. Issues of local significance of the urban district Urban district - urban settlement which is not part of municipal district and the LSG bodies of which exercise the powers to resolve issues of local importance in accordance with the Federal Law.

22. Jurisdiction of cases to the Supreme Court of the Republic, the regional, regional court, the court of the city of federal significance, the court of the autonomous region and the court of the autonomous region Supreme court of the republic, the regional, regional court, the court of the city of federal significance, the court of the autonomous region and

33. The Supreme Court of the Russian Federation, its competence The Supreme Court of the Russian Federation heads the system of courts of general jurisdiction. In accordance with Art. 126 of the Constitution of the Russian Federation, it is the highest judicial body in civil, criminal, administrative and other cases, jurisdictional courts

Constitutional and legal status of territories, regions and cities of federal significance within the Russian Federation. Quantitatively, these subjects constitute an absolute majority in Russia. First of all, this applies to the regions. Despite the legal equality of all subjects of the Russian Federation,

RUSSIAN FEDERATION

FEDERAL CONSTITUTIONAL LAW

ON COURTS OF GENERAL JURISDICTION IN THE RUSSIAN FEDERATION

The State Duma

Federation Council

(Extracts)

Chapter 3. SUPREME COURTS OF THE REPUBLIC, REGIONAL,

REGIONAL COURTS, COURTS OF FEDERAL CITIES, COURT

AUTONOMOUS REGION, COURTS OF AUTONOMOUS DISTRICTS

Article 24. The order of formation and composition of the supreme court of the republic, the regional, regional court, the court of the city of federal significance, the court of the autonomous region, the court of the autonomous region

1.The Supreme Court of the Republic, the regional, regional court, the court of the city of federal significance, the court of the autonomous region, the court of the autonomous okrug are federal courts of general jurisdiction operating within the territory of the corresponding constituent entity of the Russian Federation, and immediately higher courts in relation to the district courts operating on the territory of the corresponding constituent entity of the Russian Federation.

2. The Supreme Court of the Republic, the Territory, Regional Court, the Court of the City of Federal Significance, the Court of the Autonomous Region, the Court of the Autonomous Okrug shall act as part of:

1) the presidium of the court;

2) the judicial collegium for civil cases;

3) the judicial collegium for administrative cases;

4) the judicial collegium for criminal cases.

Law of 12.03.2014 N 5-FKZ)

3. In order to bring justice closer to the location or place of residence of persons participating in the case, who are or live in remote areas, by federal law as part of the Supreme Court of the Republic, regional, regional court, court of a city of federal significance, a court of an autonomous region, a court of an autonomous region a permanent judicial presence may be formed located outside the place of the permanent seat of the court. The permanent judicial presence of the supreme court of the republic, the regional, regional court, the court of the city of federal significance, the court of the autonomous region, the court of the autonomous region is stand-alone unit court and exercises its powers.

Article 25. Competence of the supreme court of the republic, regional, regional court, court of a city of federal significance, court of an autonomous region, court of an autonomous region

1.The Supreme Court of the Republic, the regional, regional court, the court of the city of federal significance, the court of the autonomous region, the court of the autonomous region, in accordance with the jurisdiction established by federal laws, consider cases as a court of first and appeal instances, for new or newly discovered circumstances, and also carry out other powers in accordance with federal laws.

(as amended by the Federal Constitutional Law of 29.07.2018 N 1-FKZ)

2. In accordance with the procedure established by federal law, the Supreme Court of the Republic, the Territory, Regional Court, the Court of a City of Federal Significance, the Court of the Autonomous Region, the Court of the Autonomous Okrug, in accordance with Part 4 of Article 125 of the Constitution of the Russian Federation, apply to the Constitutional Court of the Russian Federation with a request for constitutionality the law to be applied in a particular case.

Article 26. Presidium of the supreme court of the republic, regional, regional court, court of a city of federal significance, court of an autonomous region, court of an autonomous region

1. The Presidium of the Supreme Court of the Republic, Regional, Regional Court, Federal City Court, Autonomous Region Court, Autonomous Okrug Court (hereinafter referred to as the Court Presidium) is formed by the chairman, deputy presidents of the court who are members of the presidium of the court ex officio, and other judges the relevant court.

Law of 29.07.2018 N 1-FKZ)

2. The quantitative and personal composition of the presidium of the court is approved by the Plenum of the Supreme Court of the Russian Federation on the proposal of the chairman of the corresponding court.

(Part 2 as amended by the Federal Constitutional Law of 29.07.2018 N 1-FKZ) 3. Presidium of the court:

1) is no longer valid. - Federal Constitutional Law of July 29, 2018 N 1-FKZ;

2) approve, upon the proposal of the chairman of the respective court, the composition of the judicial collegium for civil cases, the judicial collegium for administrative cases and the judicial collegium for criminal cases from among the judges of this court;

(Clause 2 as amended by the Federal Constitutional Law of 12.03.2014 N 5-FKZ)

3) annually submits, at the suggestion of the chairman of the Supreme Court of the Republic, the regional, regional court, the court of the city of federal significance, the court of the autonomous region, the court of the autonomous region for approval by the Higher qualification board judges of the Russian Federation the composition (composition) of the judicial collegium ( judicial boards) judges of the supreme court of the republic, a regional, regional court, a court of a city of federal significance, a court of an autonomous region, a court of an autonomous region that makes (adopters) a decision (decisions) on the issue of attracting administrative responsibility judges of a district court, as well as on other issues provided for by the law of the Russian Federation on the status of judges in the Russian Federation;

(as amended by the Federal Constitutional Law of 10.07.2012 N 2-FKZ)

4) considers materials for the study and generalization of judicial practice and analysis of judicial statistics;

5) hears the reports of the chairmen of the judicial chambers on the activities of the chambers, considers issues of the work of the court apparatus;

6) exercise other powers in accordance with federal laws.

Article 27. The order of work of the Presidium of the Supreme Court of the Republic, the Territory, Regional Court, the Court of the City of Federal Significance, the Court of the Autonomous Region, the Court of the Autonomous Okrug

1. Sessions of the presidium of the court are held at least twice a month.

2. A session of the presidium of the court shall be deemed competent if more than half of the members of the presidium of the court are present.

3. The decisions of the presidium of the court shall be adopted by an open vote by a majority of votes of the members of the presidium of the court participating in the voting, and signed by the presidium presidium chairperson of the court.

4. Other issues concerning the procedure for the work of the presidium of the court are regulated by the rules of the republic's supreme court, the regional, regional court, the court of a city of federal significance, the court of the autonomous region, and the court of the autonomous region, respectively.

Article 28. Judicial collegia of the supreme court of the republic, regional, regional court, court of a city of federal significance, court of an autonomous region, court of an autonomous region

1. The Judicial Collegium for Civil Cases, the Judicial Collegium for Administrative Cases and the Judicial Collegium for Criminal Cases of the Supreme Court of the Republic, the Territory, Regional Court, the Court of the City of Federal Significance, the Court of the Autonomous Region, the Court of the Autonomous Okrug shall be formed from among the judges of the respective court, consisting of its chairman and members of the relevant judicial collegium. The composition of these judicial boards is approved by the presidium of the court.

(Part 1 as amended by the Federal Constitutional Law of 12.03.2014 N 5-FKZ)

2.The chairman, respectively, of the supreme court of the republic, the regional, regional court, the court of the city of federal significance, the court of the autonomous region, the court of the autonomous region in necessary cases has the right by its order to involve judges of one judicial collegium to consider cases in the composition of another judicial collegium.

3. Judicial collegia of the Supreme Court of the Republic, regional, regional court, court of a city of federal significance, a court of an autonomous region, a court of an autonomous region consider:

1) as a court of first instance, cases referred by federal laws to the jurisdiction of the supreme court of the republic, the regional, regional court, the court of a city of federal significance, the court of the autonomous region, the court of the autonomous region;

2) as a court appellate instance cases on complaints, submissions to judicial acts district courts, accepted by them as a court of first instance and not entered into legal force;

3) cases on new or newly discovered circumstances in relation to decisions that have entered into legal force adopted by the relevant judicial collegium.

(Part 3 as amended by the Federal Constitutional Law of 29.07.2018 N 1-FKZ)

Article 29. Chairman of the supreme court of the republic, regional, regional court, court of a city of federal significance, court of an autonomous region, court of an autonomous region

1.The Chairman of the Supreme Court of the Republic, Territory, Regional Court, Federal City Court, Autonomous Region Court, Autonomous Okrug Court shall be appointed by the President of the Russian Federation for a period of six years on the proposal of the Chairman of the Supreme Court of the Russian Federation and in the presence of a positive conclusion of the High Qualification Collegium of Judges Russian Federation.

2. Abolished. - Federal Constitutional Law of July 29, 2018 N 1-FKZ.

3. The chairman of the supreme court of the republic, the regional, regional court, the court of the city of federal significance, the court of the autonomous region, the court of the autonomous region, along with the exercise of the powers of the judge of the corresponding court, as well as other procedural powers in accordance with federal laws, performs the following functions:

1) organizes the work of the court and manages the organization of the work of the judicial chambers of the corresponding court;

/. Place of the supreme court of the republic, the regional (regional) court, the court of the city of federal significance, the court of the autonomous region, the court of the autonomous region in the system of courts

The regional (regional) and equivalent courts, within the limits of their competence, consider cases as a court of first instance and as a court of second instance - in relation to district courts operating on the territory of the corresponding constituent entity of the Federation.

According to Art. 20 of the Law on judicial system the powers, procedure for the formation and operation of the territorial (regional) and equivalent courts are established by federal constitutional law.

In accordance with the Constitution of the Russian Federation, the Law on the Judicial System and other federal laws in force at present, in the republics, territories, regions, districts, Moscow and St. jurisdictions with equal powers. Therefore, hereinafter they are called for brevity "regional (regional) and equal courts." The place of these courts in the system of courts of general jurisdiction is determined primarily federated structure Russia. As follows from Art. 65 of the Constitution of the Russian Federation, the Russian Federation includes 89 subjects: 21 republics, 6 territories, 49 regions, one autonomous region, 10 national districts, as well as Moscow and St. Petersburg - cities of federal significance. Each constituent entity of the Federation has, respectively, the supreme court of the republic, the regional court, the regional court, the district court, the city court.

Regional (regional) courts and courts equal to them consider, in accordance with the procedure established by law, cases on cassation complaints and submissions against decisions, sentences, rulings and decisions of district courts that have not entered into legal force. It follows from this that the regional and equal courts, being superior courts in relation to the district courts, exercise supervision over their activities. They solve the same problem by considering cases on supervisory complaints and submissions on decisions, sentences, rulings and rulings that have come into legal force. Along with this, regional courts and courts equal to them consider, in cases and in the manner prescribed by law, civil, criminal and some other cases as a court of first instance. Decisions, sentences, rulings and rulings of regional and equivalent courts, both not entered into, and entered into legal force, can be revised in the manner prescribed by law by the Supreme Court of the Russian Federation.

Thus, the regional (regional) and equal courts, carrying out the tasks assigned to the courts of general jurisdiction in the administration of justice, are courts located in the judicial hierarchy between the district courts and the Supreme Court of the Russian Federation. Therefore, they are quite justifiably sometimes referred to as mid-level courts of the judicial system of general jurisdiction.

2. Composition and structure of the regional (regional) and equivalent courts.

The regional (regional) and peer court consists of judges, consultants and other employees. Their number depends on the amount of work, which,

Section II. Judicial system of the Russian Federation

Chapter 6. Federal Courts of General Jurisdiction

in turn, is determined by the population and the size of the territory of the subject of the Federation, the workload of district courts, etc. In accordance with Art. 13 of the Law on the Judicial System, art. 30 and 42 of the Law on the Judicial System and the Law on the Status of Judges, regional and equal courts operate in the composition of: the chairman of the court, his deputies, chairmen of the judicial collegiums and judges.

The regional (oblast) and equal court administers justice: as a court of first instance, considering court cases with the issuance of decisions, sentences, rulings and rulings; as a court of second instance, considering cases on cassation appeals and submissions against decisions, sentences, rulings and rulings of district courts that have not entered into legal force; as a court of supervisory instance, considering supervisory complaints and submissions on decisions, sentences, rulings and rulings that have entered into legal force.

When considering civil and criminal cases in the first instance, the regional (regional) court and an equal court shall act in the composition of a judge (chairman, deputy or judge of the corresponding court), who presides over court session, and two lay judges or two professional judges. In cases where a criminal case at first instance is considered with the participation of a jury, there must be twelve main (complete) and two reserve assessors. The jury is formed by a professional judge who presides over the court session (Article 440 of the Code of Criminal Procedure). "

As a court of second instance, a krai (oblast) and peer court consists of three professional judges.

Collegia for civil and criminal cases are formed to consider civil and criminal cases in the regional (regional) and courts equal to them. The composition of these boards is approved by the presidium of the court. They are headed by deputy presidents of the court. In the judicial collegia for civil and criminal cases, judicial collegia are respectively formed to consider specific civil and criminal cases both at first instance and to consider cases in cassation procedure 2 .

"Since November 1993, began the consideration of criminal cases in the first instance with the participation of the jury. Stavropol Regional Court, Ivanovsky, Moscow, Ryazan and Saratov regional courts, since January 1994 - Lltayskiy, Krasnodar regional courts. Rostov and Ulyanovsk regional s> d At present, there is reason to believe that from January 1, 2003 jury trials will be formed everywhere (see Art. 7 Federal law of November 22, 2001 (December 18, 2001) No. 177-FZ as amended by the Federal Law of April 26, 2002 (May 29, 2002) No. 59-FZ - SZ RF 2002. No. 22. Art. 2028). ? It must be borne in mind that in current legislation the term "judicial collegium" is used in two meanings: 1) as an organizational unit,

The supervisory authority in the regional and equal courts is the presidium of the respective court. The Presidium consists of a chairman, his deputies and judges of the court, its composition is approved by the President of the Russian Federation on the proposal of the Chairman of the Supreme Court of the Russian Federation.

3. Competence of regional (regional) and equivalent courts.

The competence (authority) of the regional (regional) and equivalent courts, with its generalized description, is determined by the fact that their jurisdiction includes the consideration of: civil and criminal cases in the first instance; cases on cassation complaints and submissions on decisions, sentences, rulings and rulings of district courts that have not entered into legal force; cases on supervisory complaints and submissions on decisions, sentences, rulings and rulings of district courts and justices of the peace that have entered into legal force, as well as on the conclusions of the prosecutor in connection with new and newly discovered circumstances.

The Judicial Collegium for Civil and the Judicial Collegium for Criminal Cases of the Territory (Regional) or an equivalent court shall consider at first instance, respectively, civil and criminal cases attributed to their jurisdiction. In addition, each of the named judicial chambers has the right to withdraw any civil case (if there is a petition or consent of the parties) or a criminal case (if there is a petition from the accused) from a district court located on the territory of the republic, territory, region, national district, city, respectively. , and take it to its proceedings as a court of first instance. As practice shows, the collegium for civil cases at first instance more often than others considers cases on reinstatement at work, on eviction from premises, on recovery Money from debtors, etc.

In addition, the Judicial Collegium for Civil Cases of the Territory (Regional) and Equal Courts also considers some other cases, for example, on complaints against decisions of district election commissions on the registration of candidates or on the refusal to register candidates for elections to the State Duma 1.

The Judicial Collegium for Criminal Cases of Regional (Regional) and Equal Courts has jurisdiction over the following cases: murder; about kidnapping; about rape; on trafficking in minors; terrorism and aggravated hostage-taking; on the organization of illegal thieves

A judge of regional and equal courts, considering civil or criminal cases, and 2) as a composition of judges considering a specific civil or criminal case.

See Art. 42 of the aforementioned Federal Law "On elections The State Duma Of the Russian Federation "and Resolution of the Plenum of the Supreme Court of the Russian Federation of December 21, 1993 No. 10" On consideration of complaints against misconduct violating the rights and freedoms of citizens "as amended on October 25, 1996 (Collection of Resolutions of the Plenums on Civil Cases. Spark. C 282-288).

female formation; about banditry; about organizing a criminal community, about hijacking an aircraft, about riots aggravated piracy; on making vehicles and means of communication unusable under aggravating circumstances; violations of safety rules during the construction, operation or repair of trunk pipelines under aggravating circumstances; about sabotage; receiving a bribe; a number of crimes against justice; about crimes against peace and security and some others.

On decisions, sentences, rulings and decisions of the judicial collegiums of the regional (regional) and courts equal to them, before their entry into legal force, cassation complaints and submissions, respectively, can be brought to the judicial collegiums for civil and criminal cases of the Supreme Court of the Russian Federation. Upon entry into legal force, they can be appealed in the order of supervision, respectively, to the judicial collegiums for civil and criminal cases, as well as to the Presidium of the Supreme Court of the Russian Federation, if they entered into legal force after their consideration in cassation

Judicial collegia for civil and criminal cases of regional (regional) and equal courts consider cases on cassation appeals and submissions on decisions, sentences, rulings and rulings of district courts that have not entered into legal force. After considering the case on a cassation appeal or presentation, the judicial chambers issue cassation rulings to leave the decision, sentence, ruling or ruling unchanged, which means their entry into legal force, or to cancel or change them. The cassation ruling can be appealed in the order of supervision.

The Judicial Collegium for Civil Cases considers civil cases on new and newly discovered circumstances, when the decision was made by the regional (regional) or an equal court at first instance and was not changed by the Supreme Court of the Russian Federation, as well as civil cases considered by district courts, the decisions of which were changed into

Chapter 6 Federal Courts of General Jurisdiction

1 See in more detail part 3 of article 31 of the Code of Criminal Procedure of the Russian Federation, which states

“The Supreme Court of the Republic, the Regional or Regional Court, the Court of the City of Federal Significance, the Court of the Autonomous Region and the Court of the Autonomous Okrug have jurisdiction

1) criminal cases of crimes, provided for in Articles 105 part two, 126 part three. 131 by the third part, 152 by the third part, 205, 206 by the second and third parts, 208 by the first part, 209-211, 212 by the first part, 227, 263 by the third part. 267 part three, 269 part three, 275-279, 281, 290 parts three and four, 294-302, 303 parts two and three, 304, 305, 317, 321 part three, 322 part two, 353-358, 359 parts the first and second and 360 of the Criminal Code of the Russian Federation,

2) criminal cases referred to these courts in accordance with Articles 34 and 35 "of the CCP This refers to criminal cases referred by jurisdiction and transferred when the territorial jurisdiction is changed

cassation procedure. The basis for revising such decisions and rulings on the basis of newly discovered circumstances may be a statement by the persons involved in the case or the prosecutor (Article 331 "-334 of the Code of Civil Procedure).

The competence of the judicial collegiums of the regional (regional) and equivalent courts includes the study and generalization of judicial practice and analysis of judicial statistics, the exercise of other powers provided to them by legislation.

The presidium of the krai (oblast) and equivalent courts is a supervisory authority. He is responsible for considering cases on supervisory complaints and submissions against decisions, sentences and decisions of district courts that have entered into legal force, as well as cassation rulings of this court.

A meeting of the presidium of the court is considered competent if more than half of the members of the presidium and in any case at least three judges are present. At a meeting of the presidium, cases are considered based on the report of a member of the presidium or a judge of the corresponding court. The prosecutor of the republic, krai, oblast, autonomous okrug, Moscow and St. Petersburg, respectively, participates in it. The resolution is adopted by a simple majority of votes of the members of the presidium participating in the meeting

On decisions of the presidium of the regional (regional) and an equal court may be brought supervisory complaints and submissions to judicial boards, respectively, in civil or criminal cases of the Supreme Court of the Russian Federation.

The presidium of the regional (regional) court and an equivalent court considers criminal cases on new and newly discovered circumstances at the conclusion of the prosecutor in cases where the case has already been considered in the judicial collegium for criminal cases of this court in cassation or in the order of supervision. The presidium of the regional (regional) and equal to it court considers civil cases on new and newly discovered circumstances in cases where the case has already been considered in the presidium of this court and the decision was changed. In this case, the consideration takes place at the conclusion of the prosecutor or at the complaint of the interested party.

The presidium of the regional (regional) and equivalent courts, in addition to considering the above categories of cases within the limits of their powers in the order of supervision and for new and newly discovered circumstances, also has the following powers: civil and criminal cases; examines materials for the study and generalization of judicial practice and analysis of judicial statistics; hears the reports of the chairmen of the judicial chambers on the activities of the chambers; considers issues related to the work of the court apparatus; assists district courts in the application of legislation; exercises other powers granted to him by law.

Section II Judicial system of the Russian Federation

Considering the competence of the mid-level courts of the system federal courts general jurisdiction, it must be emphasized that the Supreme Court of the republic within the Russian Federation in accordance with the constitutions of the republics and Art. 40 of the Law on the Judicial System of the RSFSR is the highest judicial body of the republic and oversees judicial activity district courts of the republic. Within the limits of its powers, as already mentioned, the Supreme Court of the Republic ensures a uniform understanding and application of legislation by the courts, strengthening the rule of law, and protecting the rights and freedoms of citizens. In addition, the Supreme Court of the Republic has the right to initiate legislation in representative body republic, may make proposals on the adoption of new laws, to amend or abolish existing laws within the powers determined by the Constitution of the Russian Federation and the constitution of the republic.

4. Chairman of the regional (regional) and equal to him court. Organization of the work of the court.

The chairman of the regional and equal to him court has a wide range of powers to participate in the administration of justice and the organizational leadership of the court. The chairman of the regional (regional) and equal to him court: presides over the court sessions or appoints for this his deputy, the chairman of the collegium or a judge of the corresponding court; appoints sessions of the presidium of the court and presides over its sessions; distributes duties between deputy presidents of the court; organizes work on the study and generalization of judicial practice and analysis of judicial statistics; makes submissions to government bodies, officials, as well as to public associations and private organizations to eliminate violations of the law, reasons and conditions that contributed to the commission of offenses; leads personal welcome citizens and representatives of organizations; supervises the work on the consideration of complaints received by the court; organizes work to improve the qualifications of judges and court staff.

In addition, the chairman of the court performs a number of other organizational functions: he is in charge of the personnel of consultants, secretaries and other employees of the court apparatus; approves the work plans of the court and controls their implementation; submits to the regional administration documents on the people and jurors required for the work of the court; oversees the work on execution judgments and the timeliness of the appeal to the execution of court sentences, the preparation of reports on the work of the court, its financial activities and etc.

In the absence of the chairman of the court, his rights and duties are exercised by the first deputy (if any) or deputy chairman appointed by the chairman.

In the krai (oblast) and equivalent courts, there are at least two deputy presidents of the court. The deputy presidents of the court head the respective

Chapter 6. Federal courts of general jurisdiction

The judicial chambers for civil and criminal cases are responsible and are the chairmen of these collegia; they carry out other work on behalf of the chairman of the court. As chairmen of judicial chambers, they organize their work: they preside over court sessions or entrust it to a judge; form judicial collegiums to consider specific civil and criminal cases; appoint the time and place for the most complex civil and criminal cases; submit to the presidium of the court reports on the activities of the collegiums; has the right to demand court cases from district courts to study and summarize judicial practice; exercise leadership of the judicial collegium and, in accordance with the distribution of duties, direct the work of the court apparatus; conduct a personal reception of citizens.

Judicial chambers for civil and criminal cases in some regional (regional) and equivalent courts, in order to better organize judicial work, are divided into panels of four to five judges. The distribution of judges by composition is approved at a meeting of the presidium of the court. The chairman of the court appoints the chairman of the composition, who presides over the court sessions and provides preparation for the consideration of cases in cassation procedure. Cassation judges are assigned to certain district courts by zone. This allows them to deal not with all the courts of the region from case to case, but with certain courts, to delve deeper into the resolution of those issues that arise there. With such a distribution of responsibilities, judges of the regional and equal courts are better informed about the state of affairs in this district court on the basis of the cassation cases considered by them, personal meetings and conversations with judges.

5. Apparatus of the regional (regional) and equal to him court.

The apparatus of the krai (oblast) and peer courts ensures the work of the court and is subordinate to the chairman of the corresponding court. Employees of the apparatus are civil servants, they are assigned class ranks and special titles.

The apparatus of the regional (regional) court and an equivalent court consists of a number of subdivisions (a group of consultants, an office, a secretariat, an archive, an expedition, etc.), which are designed to facilitate the administration of justice, create conditions for this, perform preparatory actions on behalf of judges before the proceedings of civil and criminal cases.

Consultants are individuals with legal education and experience in court, prosecutors, or other law enforcement agencies.

The secretaries of the court session keep the minutes of the court session in the first instance department. They are obliged to fully and objectively set out in the minutes all actions and decisions of the court, as well as the actions of the participants in the process when considering the case. At the end of the court session, the secretary draws up

Section II, The Judicial System of the Russian Federation

the case (he files and numbers the sheets) and after signing the protocol by the judge presiding over the case, he submits the case to the chancellery.

In addition, the secretary of the court session conducts work on the preparation of the case for consideration in the court session; issues cases to the attorney for review; issues summons to witnesses, experts, translators, plaintiffs, defendants, notifies the prosecutor about the day and hour of the case consideration, prepares and posts lists of cases to be considered for information.

The secretary of the judiciary provides preparation for the consideration of civil and criminal cases coming to the regional (regional) and equivalent courts with cassation complaints and submissions. If necessary, he notifies the interested parties of the day of consideration of the case, accepts and registers, with the permission of the chairman of the composition (judicial collegium), complaints or submissions received directly to the court of second instance; issues the case to a lawyer for review, posts for information lists of cases to be considered in the court of second instance. At the end of the consideration, the secretary of the judicial composition draws up the case for referral to the archive.

The secretary of the presidium of the court ensures the preparation of civil and criminal cases for consideration at the session of the presidium: notifies the prosecutor of the day of the session and the agenda of the session of the presidium; summons, at the direction of the chairman of the court, persons admitted to participate in the consideration of the case. The secretary keeps the minutes of the meeting of the presidium. In some regional and courts equal to them, the secretary of the presidium is responsible for registering complaints and cases submitted in the order of supervision, as well as conducting supervisory proceedings.

Inspectors perform reference work on complaints and cases, fill out cards, perform other office work.

Secretaries and inspectors are subordinate to the head of the secretariat (office), who directly manages and controls their work. The head of the secretariat organizes the reception of visitors by the chairman of the court, reports to him by mail, calls the people's and jurors, issues copies of decisions, sentences, rulings and resolutions to interested persons with the permission of the chairman of the court or his deputy, performs other organizational and technical work.

The distribution of duties in the apparatus of regional (regional) and equivalent courts largely depends on the amount of work, but its employees ultimately perform the same functions in terms of content. All courts have a secretariat or an office (or both), a complaints department, an archive, an expedition, and technical support services.

Supreme courts republics, regional, regional courts, city courts of Moscow and St. Petersburg, courts of the autonomous region and autonomous okrugs occupy the position of middle-level courts in the system of federal (civil) courts of general jurisdiction. They are directly superior to the district courts and inferior to the Supreme Court of the Russian Federation.

Powers of the mid-level court

Mid-level courts are equivalent in terms of competence and position in the judicial system, have broad rights to consider criminal and civil cases: they consider cases as courts of first, cassation (appeal) and supervisory instances.

As a court of first instance, the courts of this level consider criminal cases of crimes against state power, against the peace and security of mankind, on premeditated murder under aggravated circumstances, rape under especially aggravated circumstances and some other grave and especially grave crimes, as well as cases within the jurisdiction of lower courts, the materials of which contain information containing state secrets.
In addition, as a court of first instance, they consider, as a rule, those categories of civil cases that are listed in Art. 26 Code of Civil Procedure:

• connected with state secrets;
• on challenging laws (except for the constitutions of the republics and charters of other subjects of the Russian Federation) and other state authorities of the subjects of the Russian Federation, affecting the rights, freedoms and legitimate interests and organizations;
• on the suspension of activities or liquidation of a regional branch or other structural unit political parties or public associations; on liquidation religious organizations operating on the territory of a constituent entity of the Russian Federation; on the prohibition of the activities of such organizations; on the suspension or termination of the activities of some local funds mass media;
• on challenging certain decisions (evasion of decision-making) of local or commissions for holding referendums.

A significant amount of work of the middle-level courts is the consideration of complaints against decisions in cases of administrative offenses. In accordance with paragraph 1 of Part 1 of Art. 30.1 Administrative Code courts at this level, all decisions of this kind made by district courts located on the territory of a given constituent entity of the Russian Federation should be checked.

Checking civil and criminal cases, cases of administrative offenses in cassation procedure is important, as it allows you to prevent the entry into force of illegal and unreasonable decisions, sentences, rulings and decisions, to correct judicial and investigative errors, to help ensure that such errors are not repeated, and thereby ensures the implementation of the goals and objectives of justice.

As a supervisory authority the regional, regional and equivalent courts are empowered to check the legality and validity of sentences and other decisions of district courts, as well as their cassation rulings, which entered into legal force... This function is also intended to contribute not only to the correction of errors in specific cases, but also to the proper direction of judicial practice within the territory, region, etc.

Courts of this level are also entitled to check the legality and validity of sentences and other court decisions that have entered into legal force in compliance with the procedure established for cases of revealing new and newly discovered circumstances. It is usually in this order that these courts review their “own” decisions in civil cases, as well as sentences in criminal cases. lower courts.

Composition and structure of a mid-level court, powers of structural divisions of courts of this level

The staffing of the regional, regional and other courts of this level is determined on the basis of:

• volume and nature judicial work;
• the number of the living population;
• national composition and employment of the population;
• the number of districts and district courts, the volume of their work, etc.

• as a court of first instance;
• as a court of instance (in terms of proceedings in courts of appeal in civil cases, it is applied from January 1, 2012, and in criminal cases - from January 1, 2013);
• as a court of cassation (in terms of proceedings in the courts of cassation in civil cases, it has been applied from January 1, 2012, and in criminal cases - from January 1, 2013);
• cases on new or newly discovered circumstances in relation to decisions that have entered into force adopted by the relevant judicial collegium.

Consideration of criminal and civil cases in the first instance in judicial collegiums it can be carried out, as a rule, by a single judge (he can be the chairman, his deputy or a judge of the given court). Certain categories of civil cases that are within the jurisdiction of the courts of this level, as well as criminal cases within the jurisdiction of these courts - if there are motions - can be considered by collegia consisting of three professional judges. For the examination of criminal cases, a court may be formed (also at the request of the accused) with the participation of a jury (one professional judge and 12 jurors).

When considering a case on appeal the judicial collegium of the mid-level court is composed of the presiding judge and two members of the court. The distribution of the members of the court among the collegia is made by the presidium of the court. This takes into account the knowledge, work experience and individual inclinations of each of the members of the court.

In courts with a significant volume of work and a sufficient number of judges, each collegium is subdivided into judicial panels. The chairman of the court appoints the chairman of each of the compositions, who, in turn, distributes cases for preparation and consideration among the members of this composition and presides over the court sessions.

The judiciary receives cases from certain regions of the republic, territory, region, district. Within the convoys, each member of the court is assigned to specific areas. Such a procedure for the distribution of cases coming for consideration contributes to the effectiveness of supervision over the judicial activities of lower courts, enables members of the court to better study the work of each of the district courts separately and of all courts of this kind of the corresponding district as a whole.

Presidium court a is formed in the composition of the chairman, deputy chairman of the court and other judges of the corresponding court in the number determined by the President of the Russian Federation. The composition of the presidium of the court is approved by the President of the Russian Federation on the proposal of the Chairman of the Supreme Court of the Russian Federation and in the presence of a positive conclusion of the corresponding qualification collegium of judges.

The presidium of the court considers cases on cassation appeals against decisions of district courts and justices of the peace that have entered into legal force, appellate rulings court, as well as cases on new or newly discovered circumstances.
Along with the consideration in this order of specific court cases, the Presidium decides issues organizational nature... He hears and discusses materials summarizing judicial practice, measures to assist district courts in the correct application of legislation, data on the state of crime and, reports of the chairmen of judicial chambers, issues of the work of the court apparatus, the state of work on the resolution of complaints and applications of citizens, long-term and current plans judicial work. Reports (messages) of the chairmen of district courts on the activities of the courts headed by them may be submitted to the presidium for consideration.

3. The Moscow City Court considers, as a court of first instance, civil cases that are related to the protection of copyright and (or) related rights, except for the rights to photographic works and works obtained by methods similar to photography, in information and telecommunication networks, including the Internet, and for which they have taken preliminary interim measures in accordance with Article 144.1 of this Code. In the event that the Moscow City Court is considering a case, the proceedings on which were initiated at the claim of the plaintiff after the entry into force of the decision rendered by the same court in favor of the same plaintiff in another case on the protection of copyright and (or) related rights in information and telecommunication networks, including on the Internet, the Moscow City Court also resolves the issue of permanently restricting access to a website on the Internet, which has repeatedly and unlawfully posted information containing objects of copyright and (or) related rights, or information necessary for their receipt using information and telecommunication networks, including the Internet.

Judicial practice and legislation - Code of Civil Procedure of the Russian Federation. Article 26. Civil cases amenable to the Supreme Court of the Republic, the Territory, Regional Court, the Court of the City of Federal Significance, the Court of the Autonomous Region and the Court of the Autonomous Okrug

When deciding on a case on challenging the regulatory legal act in accordance with article 195 of the APC of the Russian Federation, arbitration court should take into account legal positions The Constitutional Court Of the Russian Federation, expressed in the Resolutions of July 18, 2003 N 13-P on the case of checking the constitutionality of the provisions of Articles 115 and the Code of Civil Procedure of the RSFSR, Articles 26, and the Code of Civil Procedure of the Russian Federation, Articles 1, and the Federal Law "On the Prosecutor's Office of the Russian Federation" and of 27 January 2004 N 1-P in the case of verification of constitutionality individual provisions Articles 27, and the Code of Civil Procedure of the Russian Federation.