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Delivered by the court of first instance. Instances of the arbitration court. Courts of the Russian Federation

The civil procedure begins with the filing statement of claim, or a claim.

The statement of claim is written request to the court of an interested person with a demand to protect the violated right or interest protected by law by resolving a dispute about the right.

Claims may relate to disputes arising from various legal relationships (labor, housing, property, family, alimony, copyright, hereditary, inventive, etc.). Disputes arising from administrative relations, as well as disputes about the establishment of facts, having legal significance, and some others are considered in non-exploratory production.

The lawsuit is aimed at resolving conflicts between legally equal subjects between which there is no relationship of dependence, power and subordination.

The right to bring a claim belongs citizens, foreigners and stateless persons, and organizations. It is important that individuals have minimum and easily established conditions (prerequisites for a claim) in each case. These include:

Procedural legal capacity of a person;

Jurisdiction of the case to the court;

Absence of a previous judgment in the same case;

The absence of an agreement between the parties on the transfer of this dispute to an arbitration tribunal.

You cannot refuse to accept the statement of claim, even if the judge considers that the plaintiff is needlessly demanding certain behavior from the debtor. In the absence in reality of the right to demand a certain behavior of the defendant, the judge, having accepted the application, will make a decision to dismiss the claim.

The defendant, as already noted, is an equal party and therefore is endowed with the full rights of defense against the claim filed. The means of his protection are objections, i.e. explanations of the defendant justifying the illegality of the claim brought against him (for example, denial of facts, provision of evidence, references to laws, etc.), and counterclaim, that is, an independent claim filed in the same process for joint consideration with the claim brought against him, in order to protect his interests. For example, against a claim for the return of a debt, the defendant puts forward a claim for compensation for damage caused by the plaintiff to his property (for example, a car) in the process of use.

Stages of civil procedure

I. Initiation of a civil case. When accepting the statement of claim, the judge, having established that the person has the right to go to court, must check whether the person concerned has complied with the procedure (conditions) for going to court. These conditions are:

Jurisdiction of the case (usually the dispute is considered at the place of residence of the defendant or the location of the organization);


Legal capacity of the plaintiff. In the event of his incapacity, his legal representative must act on his behalf;

Properly formalized representation powers for the conduct of business;

Compliance of the form and content of the application with the requirements of the law, the presence of a copy of the application, and in necessary cases and the documents attached to it (for example, a marriage certificate in a claim for its dissolution);

Payment of state fees.

The statement of claim must make a demand clearly declared to the defendant. It must contain the information necessary for the consideration of the case: the name of the court to which the application is submitted, the name of the plaintiff indicating his place of residence (for organizations - the location); similar information in relation to the defendant; the facts on which the claim is based and the evidence supporting these facts; claim of the plaintiff; the cost of the claim, if the claim is subject to assessment; list of attached documents.

The statement must be signed by the plaintiff. It is also accompanied by his copies according to the number of respondents.

The question of accepting the application is decided by the judge alone, which is formalized by a ruling on the initiation of a civil case (or on leaving the application without progress, if the procedure for filing it has been violated, or on refusal to accept, if there are no prerequisites for filing a claim). Refusal to accept a statement of claim based on:

Failure to prove the stated requirement;

The absence of a law regulating the controversial relationship.

II. Preparing the case for trial. Such preparation begins after the acceptance of the application for proceedings and is formalized by the decision of the judge.

The amount of preparation for the trial depends on the complexity of the case. There is usually a judge clarifies the stated requirements(by questioning the plaintiff, and possibly the defendant), determines the law that should be followed, establishes what evidence is needed, decides who involve in the case along with the defendant, and notifies everyone of the day and time consideration of the case.

The preparation of the case for the hearing must be completed on time no later than 7 days after accepting the claim. In particular difficult cases term may be extended to 20 days according to the reasoned decision of the judge.

Having found the case to be sufficiently prepared, the judge makes case determination to the proceedings and in its determination indicates the day and hour its consideration, and does this in advance so that the persons involved in the case could thoroughly prepare for the protection of their interests.

III. Trial. Produced individually or collectively composed of a judge and two people's assessors.

Court session the judge is in charge, that is, it controls its entire course, provides a complete and comprehensive clarification of all the circumstances of the case, the rights and obligations of the parties, etc.

Disrespect for the court on the part of the persons participating in the case or citizens present at the court session may entail liability (warning, removal from the hall, fine, arrest up to 15 days). If the offender's actions contain corpus delicti (for example, hooliganism), then the prosecutor is informed about this, or a criminal case is initiated by the court.

The trial consists of several stages.

1. Preparatory stage. Here it becomes clear whether all required persons appeared, and if not, is it possible to do without their appearance, do the persons participating in the case trust the court, and do they have objections to the court, explain to the participants in the process their procedural rights and obligations, etc.

2. Investigation of the circumstances of the case. Research begins report of the case by the judge, after which the parties supplement and clarify their demands and objections. The court then hears explanations of the plaintiff, the defendant, as well as other persons involved in the case. Persons involved in the process has the right to ask each other questions. After hearing the explanations of the persons involved in the case, the court proceeds to investigation of the circumstances of the case, consideration and verification of evidence. In practice, the examination of evidence most often begins with interviewing witnesses (first those invited by the plaintiff, then witnesses from the defendant). After a free story of the witness, he is asked questions with the consent of the court. The presiding judge has the right to reject a question that is not related to the subject of proof. Consideration of written evidence is carried out by means of their announcement, after which the persons participating in the case can give explanations. Material evidence is usually examined by examining it in court. After that, the results of the examination, if it was appointed, are considered by the announcement of the conclusion or by questioning the expert. If all the evidence is considered, the judge finds out which of the participants in the process has additions, after which the court proceeds to the judicial pleadings.

3. Judicial pleadings. The debate kind of sums up the study of the evidence. At first give the floor the plaintiff or his representative and then to the defendant and his representative, after what - to a third party, who filed an independent claim (or his representative). The prosecutor participates in the debate, if the case was initiated at his request, and in this case he acts first (the same applies to the authorities executive power). The right to the last remark always belongs to the respondent and his representative.

Prosecutor, participating in the case, gives a conclusion on the merits of the case as a whole after the judicial pleadings.

After the trial and ~ the conclusion of the prosecutor the judge (court) retires to the deliberation room to make a decision.

IV. Delivery by the court of the decision. When deciding and announcing a decision, the total is summed up judicial trial... The decision is made immediately after the hearing of the case. For particularly complex cases, drawing up motivated decision may be postponed for no more than three days, but the introductory and operative parts are announced immediately.

The decision itself consists of introductory, descriptive, motivational and operative parts.

Certain requirements are imposed on the court decision. Solution should be based on the norms of material and procedural law and also be reasonable., that is, contain circumstances relevant to the case and provide evidence in support of the conclusions contained therein. The judgment must be exhaustive(complete) and contain final answers to all stated requirements. He should also be characterized by certainty. It should give such a response to the requirements that would eliminate uncertainty and different interpretation... Therefore, it is unacceptable to make alternative solutions like "... transfer property or collect its value." Finally, the judgment must be unconditional, that is, not to make the fulfillment of the plaintiff's claim dependent on the occurrence or non-occurrence of any conditions.

12. Correspondence proceedings in the civil procedure of Russia.

According to the current procedural law Proceedings in absentia are recognized as the procedure for considering and resolving a specific civil case in the event of the defendant's failure to appear, duly notified of the time and place of the court session, who did not report good reasons for failure to appear and did not ask for the consideration of the case in his absence, if the plaintiff does not object to this, with the issuance solutions called absenteeism.

Consideration and resolution of the case is in order extramural production possible upon availability certain conditions specified in the law. Article 233 of the Code of Civil Procedure of the Russian Federation refers to them the defendant's failure to appear, his due notification, the absence of valid reasons for failure to appear, the defendant's request to consider the case in his absence and the plaintiff's consent.

The failure of the defendant to appear is the actual absence of the party in the courtroom when considering and resolving the case. The tacit presence of a party at the hearing is not considered failure to appear, but is regarded as an evasion of participation in the presentation and examination of evidence. It should also be borne in mind that consideration of the case by way of proceedings in absentia and the issuance of a decision in absentia is possible in the absence of both the party and its representative. In the event of the presence of a representative, proceedings in absentia are not allowed.

The proper notification of the defendant is a notification carried out by the methods and in the manner specified in Chapter 10 of the Code of Civil Procedure of the Russian Federation.

Lack of valid reasons for the defendant's failure to appear. The obligation to notify the court of the reasons for failure to appear and to provide evidence of the validity of these reasons rests with the parties. If the reasons for failure to appear are recognized as valid, the court shall postpone the proceedings.

The procedure for the implementation of proceedings in absentia and the rules for making a decision in absentia are enshrined in Ch. 22 Code of Civil Procedure of the Russian Federation.

Making a decision in absentia is possible subject to the following conditions:

1) after the initiation of a civil case, the defendant must be duly notified of the time and place of the court session (about which the court has relevant information);

2) there is no written request in the case to consider the case in the absence of the defendant, or information about the validity of failure to appear, recognized as such by the court;

3) the plaintiff appeared at judicial sitting and agree to a court decision in absentia;

4) the invariability of the subject of the dispute.

In the presence of the listed conditions, the court has the right to consider the case by way of proceedings in absentia. The transition to such consideration of proceedings is made by a court ruling.

When considering a case, the court holds a hearing in general order, examines the evidence presented by the persons participating in the case, takes into account their arguments and makes a decision.

The decision in absentia shall be made in the same manner as the usual one and announced publicly. Plaintiff, by general rule, gets acquainted with the content of the decision directly at the hearing. A copy of it is sent to the party that did not appear at the hearing no later than 3 days from the date of the decision (Article 236 of the Code of Civil Procedure of the Russian Federation).

The absentee decision enters into legal force after the expiry of the time limit for his appeal.

The legal force of a judgment in absentia gives it the properties that are characteristic of an ordinary judgment.

A decision in absentia may be appealed in accordance with the general procedure (cassation or appeal) and in accordance with the procedure established specifically for canceling the decision in absentia.

The second option is only possible for the respondent. The defendant has the right to submit to the court that made the decision in absentia, an application for its cancellation within 7 days from the date of delivery of a copy of this decision to him (part 1 of article 237 of the Code of Civil Procedure of the Russian Federation).

An application for cancellation of the decision in absentia must contain:

1) the name of the court that made the decision in absentia;

2) the name of the person submitting the application;

3) circumstances indicating the validity of the reasons for the defendant's failure to appear at the court session, about which he was not able to inform the court in a timely manner, and evidence confirming these circumstances, as well as circumstances and evidence that may affect the court's decision;

4) the request of the person submitting the application;

5) a list of materials attached to the application.

Such a statement is not payable state fee(part 3 of article 238 of the Code of Civil Procedure of the Russian Federation).

Having received the application, the court checks its compliance with the requirements of the law and after that notifies the persons participating in the case about the time and place of its consideration; sends them copies of the application for revising the decision in absentia and the materials (documents) attached to it.

An application for reconsideration of the decision in absentia is considered in court within 10 days from the date of its receipt. The failure to appear of the persons participating in the case and notified of the time and place of the court session does not interfere with the consideration of the application (Article 240 of the Code of Civil Procedure of the Russian Federation).

Based on the results of consideration of an application for reconsideration of a decision in absentia, the court may:

1) issue a ruling on the refusal to satisfy the application and to keep the decision in absentia in force;

2) issue a ruling on the cancellation of the decision in absentia and the resumption of the consideration of the case on the merits.

The court makes the first ruling if it recognizes that the reason for the defendant's failure to appear at the hearing was disrespectful, and the evidence presented was insufficient to quash the decision.

The second ruling is made if the court finds that the defendant's failure to appear at the hearing was caused by valid reasons, about which he was not able to inform the court in a timely manner, and in this case the defendant refers to the circumstances and presents evidence that may affect the court's decision (Article 242 Code of Civil Procedure of the Russian Federation).

Cancellation of the decision in absentia does not mean the resolution of the case in favor of the defendant. The case must be considered anew on its merits.

The decision in absentia cannot be rendered again.

The arbitration court is Judicial authority in the Russian Federation, administering justice in the field of business and other economic activity, by resolving commercial disputes and considering other cases within their competence, formed in accordance with the Constitution Russian Federation and federal constitutional law.

In the Russian Federation, there are 4 instances of arbitration courts: first, appeal, cassation and supervisory.
Let's consider each of them.

First instance of the arbitral tribunal

The first instance of arbitration courts includes the courts of the constituent entities of the Russian Federation. Among them are the arbitration courts of republics, territories, regions, cities federal significance, autonomous region, autonomous regions. Total amount arbitration courts of the first level - 81.

Claimants (applicants) claims in the field entrepreneurial activity first instance is considered by the first instance of the arbitration courts. The term for consideration of a dispute in arbitration is three months. Based on the results of the examination, the judge makes a decision to satisfy the claim of the plaintiff (applicant) in full or in part, or to refuse. This decision comes into legal force within a month, at which time the decision can be appealed by sending an appeal and the necessary attached documents to the court of second instance.

Second instance of arbitration courts (appeal)

The second instance is constituted by arbitration courts of appeal.
Arbitration courts of appeal are courts of examination in appellate instance the legality and validity of judicial acts of commercial courts of the constituent entities of the Russian Federation, adopted by them in the first instance.
Within a month from the date of the decision by the court of first instance, the participants in the proceedings can appeal against it. The appeal takes place by sending an appeal with an attachment required documents to the court of second instance through the court of first instance.
The arbitration court of the appellate instance, based on the evidence available in the case and additionally presented evidence, re-examines the case. The term of consideration is 2 months. Based on the results of the consideration, the court has the right to make one of the following decisions:

  1. leave the decision of the first instance arbitration court unchanged, but appeal- without satisfaction;
  2. cancel or change the decision of the first instance of the arbitration court in whole or in part and adopt a new judicial act on the case;
  3. cancel the decision in whole or in part and terminate the proceedings or leave the statement of claim without consideration in whole or in part.

Third instance of the arbitration court (cassation)

The third stage is formed by 10 federal arbitration courts of the districts, each of which acts as a cassation instance in relation to a group of arbitration courts that make up one judicial district.

In the cassation instance, decisions of arbitration courts are checked from the standpoint of the correct application of the rules of substantive and procedural law. The decisions of the first instance that have entered into legal force or the ruling of the arbitration court of the appellate instance may be appealed in accordance with the procedure cassation proceedings... The appeal is made by sending a cassation appeal with the attachment of the necessary documents to the court. A cassation appeal can be filed within two months from the date of entry into force of decisions, court orders.

The court of the cassation instance verifies the legality of decisions, decisions taken by the first instance and the appellate instance of the arbitration courts. Based on the results of the consideration, the cassation instance of the arbitration court has the right to issue one of the following decisions:

  1. leave the decision of the arbitration court of first instance and (or) the ruling of the court of appeal unchanged, and cassation appeal without satisfaction;
  2. cancel or change the decision of the court of first instance and (or) the ruling of the court of appeal, in whole or in part, and, without referring the case for new consideration, adopt a new judicial act;
  3. cancel or change the decision of the first instance and (or) the decision of the arbitration court of the appellate instance in whole or in part and send the case for new consideration to the appropriate arbitration court, the decision, the decision of which is canceled or changed;
  4. cancel or change the decision of the court of first instance and (or) the ruling of the court of appeal, in whole or in part, and refer the case to another arbitration court of first instance or appeal within the same judicial circuit;
  5. to retain in force one of the decisions or resolutions previously adopted in the case;
  6. cancel the decision of the first instance of the arbitration court and (or) the ruling of the court of appeal in whole or in part and terminate the proceedings, or leave the statement of claim without consideration in whole or in part.

The fourth instance of arbitration courts (supervisory)

The fourth instance is the Supreme Court of the Russian Federation.
The Supreme Court of the Russian Federation is the highest judicial body for resolving economic disputes in Russia. The Armed Forces of the Russian Federation exercises judicial supervision over the activities of courts by considering cases on the resolution of economic disputes as a court supervisory authority.

See in Art. Instance ...

instance- and, w. instance f., German. Instanz lat. instantia. 1.Dipl., Outdated. Insistence; urgent, persistent request. The local republic is in such fear that it has never been like this, and Upper Geldria, through the authority of France, will be forced ... ... Historical Dictionary gallicisms of the Russian language

The highest instance, the first instance .. Dictionary of Russian synonyms and expressions similar in meaning. under. ed. N. Abramova, M .: Russian dictionaries, 1999. level instance Dictionary of Russian synonyms ... Synonym dictionary

I Great Britain is an island in the Atlantic Ocean, part of the British Isles group (See British Isles). See Great Britain (state). II Great Britain is the official name United ... ... Great Soviet Encyclopedia

Great Britain; the official name is The United Kingdom of Great Britain and Northern Ireland. I. General information Hungary is an island state in the northwest of Europe; takes ... ... Great Soviet Encyclopedia

Reasoning, conclusion; judgment, assessment, criticism; legal proceedings, proceedings; judgment seat, collegium, areopagus, senate, synclite, sanhedrin, chamber, chamber, presence, council, judicial (public) place. You will hear the judgment of a fool. The trial is coming! Betray ... ... Synonym dictionary

JUDICIAL REFORM- 1864 transformation of the court and legal proceedings in Russia on the basis of judicial statutes. Reform of 1864 proclaimed the principles of independence of judges, publicity, orality and competition trial, liquidated the estate court. Even before the start ... ... Legal encyclopedia

Islamic Republic of Pakistan- (Islamic Republic of Pakistan) is a state located in the northwestern part of the South Asian subcontinent. Area - 803.9 thousand sq. km. In the southwest, the shores of Pakistan are washed by the Arabian Sea, in the west, the country borders on ... ... Encyclopedia of Newsmakers

First instance for criminal and civil affairs in Finland. An explanation of the 25,000 foreign words that have come into use in the Russian language, with the meaning of their roots. Mikhelson AD, 1865. KEMPER'S COURT First instance in criminal and civil ... ... Dictionary of foreign words of the Russian language

Books

  • Decisions of the Supreme Court of the Russian Federation in civil cases (first instance), 2013,. The collection includes the rulings of the Supreme Court of the Russian Federation in civil cases (first instance) for 2013. Among them, decisions on challenging cases occupy a special place ...
  • Decisions of the Supreme Court of the Russian Federation in civil cases (first instance), 2012: Collection,. This publication contains the decisions of the Supreme Court of the Russian Federation in civil cases (first instance) for 2012. Among them, a special place is occupied by decisions of cases on challenging ...

He is responsible for clarifying all the circumstances and determining the norms of law in a particular case, collecting evidence. Various courts act in this capacity.

Regulatory regulation

The court is obliged to be guided by certain rules, regardless of the place it occupies in judicial system.

Whatever code you take (with the exception of the Criminal Procedure Code), they highlight general provisions, order action proceedings, special types of proceedings and further by stages of consideration (appeal, cassation and supervision).

The paradox is that the most responsible stage of the proceedings is the court of first instance; the further fate of the case and the decision depends on the quality of its work - whether it will stand in the higher courts. The judges start their careers in this instance.

The laws on the judicial system (on the general on military courts, the profile law is devoted to the Supreme Court of the Russian Federation) bring in their share of regulation. They help to understand which court plays the role of first instance.

Judicial system

The following system of courts is built in the Russian Federation:

  • general courts(consider disputes between citizens and the state, between citizens and between citizens and organizations);
  • arbitration courts (adjudicate disputes between entrepreneurs and commercial organizations and economic disputes involving the state);
  • military courts (in their case, the court of first instance is usually the garrison court).

Production stages

With the exception of judicial systems, a division of courts by competence has been introduced:

  • courts of first instance;
  • courts of appeal;
  • cassation courts;
  • supervisory authority.

It must be said that the court of first instance is not always a magistrate or district court. For example, a district court acts against a magistrate. They have a common cassation instance.

In a number of cases, the first instance is the courts of the subjects. So far, some cases are considered directly by the judges of the Supreme Court in the capacity of the first and appellate instance (in particular, appeals against regulations of the government and the president).

Territorial organization

There is a concept of jurisdiction. It also includes the desire to distribute cases horizontally in the system. For example, almost all claims are filed at the place of residence or location of the defendant. A number of cases provide for exceptions: the plaintiff has the right to choose a court for appeal.

The law provides when an already open case is transferred to another court.

So, the case referred by the magistrate to the district court will be considered there, even if the transfer was erroneous - disputes about jurisdiction are prohibited.

Organization of work of the first instance

The civil court of first instance will be the first to see a statement of claim or a statement to open a special proceeding case.

It is the judge's job to verify the following facts:

  • whether the case was not considered earlier on the same grounds and for the same reason with the same participants;
  • whether it was submitted to the same court (to the magistrate or district);
  • whether the form of production was observed: today the confusion between civil and administrative affairs;
  • whether all the requirements for the form of the statement of claim, the number of documents, and their execution have been met.

The judge determines the circumstances that are important for the case, the amount of evidence, distributes the burden of proof between the participants.

The adversarial nature of the process is declared in the Russian Federation: the parties themselves formulate requirements, present evidence. The court only guides the process and provides assistance. In a number of situations, a derogation is allowed, and the judge takes the initiative (on his own initiative, appoints an examination, requests documents, performs other actions, etc.).

The result of the first instance

Let's take some of the Leninsky District Court of Russia. He does all sorts of things. However, it makes the following decisions:

  • agrees with the claim in full;
  • rejects the claim in full;
  • partially agrees with the claim;
  • terminates the proceedings in connection with the rejection of the claim;
  • leaves the application without consideration or returns the claim after the opening of the proceedings.

Abandonment and return do not preclude opening the case again, provided that the statute of limitations has not expired.

We must not forget that the same Leninsky District Court is engaged in the acceptance and consideration of appeals against decisions of justices of the peace in both civil and criminal cases.

Acts of the court

What is the decision of the first instance court in the case? The judicial act describes the arguments of the parties to the process, the facts that took place, in the opinion of the court, the court's assessment of the arguments and facts, and the rules of law applicable to this situation.

The law imposes a number of requirements on the content and structure of the decision, their failure to comply entails cancellation judicial act... This also shows how confident the judge is in its legality.

Not so long ago, justices of the peace were released from the obligation to form the reasoning part of decisions, except for cases when the participants in the process ask for it or the case is sent for appeal. The application is submitted. The deadline for submitting an application is 3 days from the date of the decision.

The decision of the district court is still being drawn up in in full... The bill extending the practice of magistrates' courts to all the others was passed negatively and virtually frozen.

So far, the time allotted for appeal is saved - a month from the moment the decision was announced or received by a participant in the process who was not at the meeting.

Cases excluded from the jurisdiction of district courts

In civil proceedings, the courts of the subjects of the first instance consider all cases with state secrets, as well as with the execution of judicial acts adopted in foreign states.

The CAS referred to the jurisdiction of the courts of the subjects of a serious list of cases, in particular:

  • disputes related to state secrets;
  • challenging regulations adopted at the level of subjects and local municipalities;
  • challenging decisions of qualification referee commissions;
  • termination of public activities, religious organizations, MASS MEDIA;
  • challenging decisions of local election commissions;
  • challenging decisions of commissions measuring the cadastral value.

Only some of the cases excluded from the competence of regional and magistrates' courts are listed.

The term “judicial instance” refers to the basic characteristics of the judicial system. The courts are divided into instances depending on the procedural competence, in which one court - the higher one - has the right to check the decisions of the lower one and, if they are unfounded and unlawful, change and cancel these decisions.

The court is considered a court or its structural subdivision performing one or another function of justice based on the objectives of the proceedings.

Justice at first instance is the consideration of a case on its merits with the aim of condemning or acquitting a defendant in a criminal case and satisfying or rejecting a claim in civil and arbitration cases. Cases of the first instance are considered by all courts of general jurisdiction. In the subsystem of arbitration courts, the first-instance case may be considered by the first-level courts and the Supreme Arbitration Court of the Russian Federation. This is determined by the rules on the subject matter jurisdiction of the case. The majority of criminal and civil cases are considered at first instance by district courts, and arbitration cases - by arbitration courts in the constituent entities of the Russian Federation. The most complex cases are considered in the first instance and the second-tier courts, and very few cases go to the first instance in the higher echelons of the judiciary.

In accordance with their procedural competence, all courts are divided into courts of the first, second (cassation) and supervisory instance.

So, the magistrate performs only one function - the courts of first instance, and the regional one - three at once: courts of first, second and supervisory instances. If the court of first instance considers cases on the merits, then the court of the second or supervisory instance verifies the legality and validity of the decision of the court of first instance.

In the court of first instance, the case is heard on the merits, the evidence is examined, and the decision is made in the name of the state. In courts of general jurisdiction, the court of first instance can be any court included in the system of these courts, both the regional and the Supreme Court of the Russian Federation, i.e. cases in the first instance are considered by all courts within their competence. The vast majority of criminal and civil cases at first instance are considered district courts.

The most complex court cases are considered in essence by higher courts up to the Supreme Court of the Russian Federation.

The trial of the case on the merits is characterized by the fact that the judge alone or with the participation of a jury, or people's assessors, or three judges, on the basis of an analysis of the evidence, establish the factual circumstances of the case. As a result of the proceedings, a verdict is passed - in a criminal case or a decision - in a civil case.

These decisions and sentences do not enter into legal force within the time (period) established by law and can be appealed against in cassation procedure by the defendant, the plaintiff or the defendant, or challenged by the prosecutor in the court of second instance.

Question 29

A court of law is a group of judicial bodies with equal procedural powers in a particular case.

The assignment of a court or judicial body to one or another instance does not depend on the territory in which the court is created and operates. Here, the main thing becomes which of the courts considered the case on the merits and how it proceeded further through the judicial system, what happened to the case at different points in the proceedings. Courts of I, II (appeal or cassation) and supervisory instance can participate in the proceedings on any case.

Through the system of courts and thanks to the ability to check the legality and validity of decisions of a lower court by a higher court, the functional connection of all courts of a separate subsystem and the unity of the entire judicial system is ensured.

The court of cassation in the subsystem of courts of general jurisdiction is a court that checks decisions that have not entered into legal force issued by federal courts as a court of the first instance, as well as decisions of the appellate instance.

The powers of the cassation instance are vested in special judicial bodies within the higher courts. So, for the district court, the role of the cassation instance is performed by the judicial collegiums of the higher court of the constituent entity of the Russian Federation. If the first instance was the court of a constituent entity of the Russian Federation, then the corresponding collegium of the RF Armed Forces will be the cassation instance for it. The decisions of the RF Armed Forces rendered in the first instance are reviewed in cassation by the cassation board of the given court. The cassation instance always consists of three professional judges of a higher court.

The cassation instance in the subsystem of arbitration courts is a judicial body that checks the decisions of the arbitration courts of the constituent entities of the Russian Federation, which have entered into legal force, and the decisions of the courts of appeal, therefore it cannot be called the second instance.

The functions of the cassation instance are performed by the federal arbitration courts of the districts (p. 24 of the Law on Arbitration Courts). The cassation instance consists of three professional judges.

QUESTION30... The concept of a supervisory authority. Supervisory court. The supervisory authority is a division of the courts empowered to verify the legality and validity of sentences and other court decisions that have entered into legal force. (This can be done by the Presidium of the Supreme Court of the Russian Federation.)

The supervisory instance court verifies the sentences and decisions of the courts of first instance that have entered into legal force.

The Presidium can consider the case if there is a majority of the members of the council. Decisions are taken by a majority, in case of equality of votes, the protest is considered rejected, as it did not collect the majority of votes. A member of the presidium may disagree, then he has the right to express his dissenting opinion.

Consideration of a case based on newly discovered circumstances - the stage of consideration of the case is excluded, in which the court checks the legality and validity of judicial acts that have entered into legal force, in connection with the discovery of circumstances that were unknown during the consideration of the case.

Newly discovered circumstances are circumstances:

which existed at the time of the resolution of the case,

the circumstances must be material.

These circumstances could not have been known to the court during the consideration of the case.

Supervisory review of court decisions

1. Entered into legal force court decisions can be revised in the order of supervision by the Presidium of the Supreme Court of the Russian Federation on complaints and appeals of the Prosecutor General of the Russian Federation and his deputies.

2. The supervisory instance court verifies the legality of the verdict, ruling or ruling of the court on the basis of a supervisory appeal, presentation.

3. The following entered into legal force shall be appealed to the Presidium of the Supreme Court of the Russian Federation:

1) court decisions of the supreme courts of republics, regional or regional courts, courts of cities of federal significance, a court of an autonomous region, courts of autonomous regions, issued by these courts when considering a criminal case at first instance, if these decisions were the subject of appeal in the Supreme Court of the Russian Federation;

2) court decisions of the district (naval) military courts made by these courts during the consideration of a criminal case in the first instance, if the said decisions were the subject of an appeal in the Supreme Court of the Russian Federation;

3) court decisions of the Appellate Collegium of the Supreme Court of the Russian Federation, the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation and the Military Collegium of the Supreme Court of the Russian Federation, rendered by them on appeal;

4) rulings of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation and rulings of the Military Collegium of the Supreme Court of the Russian Federation, made by them in cassation;

5) decisions of the Presidium of the Supreme Court of the Russian Federation.

QUESTION32) In the system of federal courts of general jurisdiction, the district court is the main link. This is primarily due to his broad competence in the administration of justice, as well as the amount of work that he actually carries out. He, within the limits of his competence, considers cases as a court of the first and second (appeal) instances and exercises other powers provided for by law. The principles of its organization are determined by the Constitution of the Russian Federation, the Laws "On the Judicial System", "On the Status of Judges" and others21. A district court operates in every district or city that does not have a district division. District courts are created and abolished by federal law on the proposal of the Supreme Court of the Russian Federation, based on a proposal from the Judicial Department. Powers of the District Court. At present, the District Court, being a court of first instance, hears and adjudicates criminal, civil and administrative cases on the merits of the issues raised in these cases. As a court of appeal, the district court is empowered to review sentences (decisions) and decisions of the magistrate in criminal and civil cases that have not entered into legal force. He has jurisdiction over almost all criminal cases, except for cases attributed by law to the jurisdiction of justices of the peace, higher and military courts; all civil cases under the jurisdiction of the judiciary; cases of administrative offenses. In a district court, cases are considered by a judge alone. When organizing the execution of sentences in criminal cases, the district court decides a number of issues related to the implementation of punishment. In this regard, he considers issues of parole from punishment, the replacement of punishment with softer ones, etc. In connection with the change in the criminal procedural legislation, the judge acquired the authority associated with issuing permission to the investigating authorities to carry out a number of procedural and investigative actions that limit the constitutional rights of citizens: to choose a preventive measure in the form of detention, house arrest and extension of the period of detention ; on the placement of the suspect (accused) in a medical or psychiatric hospital for the production of a forensic medical or forensic psychiatric examination; on the performance of a search and seizure in a dwelling; on the seizure of correspondence, its examination and seizure; on the control and recording of telephone conversations and other negotiations and a number of other procedural actions (part 1 of article 29 of the Code of Criminal Procedure of the Russian Federation). The district court is competent in the course of pre-trial proceedings to consider complaints about actions (inaction) and decisions of the prosecutor, investigator, body of inquiry and inquiry officer, which affect the rights and interests of the participants in the process (Art. 29, 125 of the Criminal Procedure Code of the Russian Federation). It is entrusted to the district courts and control over the legality and validity of the actions of the bodies involved in operational-search activities. In accordance with Part 2 of Art. 8 of the Law "On Operational-Investigative Activities" "conducting operational-search activities that limit the constitutional rights of citizens to privacy of correspondence, telephone conversations, postal, telegraphic and other messages transmitted over the networks of electrical and postal communications, as well as the right to inviolability of the home, allowed on the basis of a court decision. " Basic rights and obligations of a judge of a district court. To carry out his tasks of administering justice and other functions, a judge has powers that are determined by law. The judge has the right: - to demand from officials and citizens the execution of orders related to the implementation of the duties assigned to them; - to make representations to various authorities on the elimination of violations of the law or the reasons and conditions that contributed to the commission of offenses; - to request information from government and public bodies, scientific institutions and information centers. At the same time, judges have certain responsibilities: - when considering court cases, precisely comply with the requirements of the laws; - to ensure the protection of the rights and freedoms of citizens, their honor and dignity, the interests of society, a high culture of judicial activity;