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What courts of general jurisdiction do. System and structure of courts of general jurisdiction. Justices of the peace, their powers

Courts general jurisdiction are judicial bodies that operate throughout the territory of the Russian Federation with the aim of administering justice in civil, criminal cases, as well as in cases of administrative offenses.

These courts are called courts of general jurisdiction, since their competence includes the consideration and resolution of the vast majority of legal disputes, both in quantitative terms and in the breadth of coverage of legal relations.

Courts of general jurisdiction operate throughout the territory of the Russian Federation and at all levels territorial structure country. Moreover, all judicial authorities are publicly available. In cases established by law, a person has the right to go to court and obtain a proper resolution of the dispute that has arisen.

Courts of general jurisdiction are included in the general judicial system of the Russian Federation as a subsystem. This means that any court of general jurisdiction is at the same time a court that is part of the general court system. But not all judicial bodies belong to the courts of general jurisdiction. So, this concept does not cover Constitutional Court RF, constitutional (statutory) courts of the constituent entities of the Russian Federation, arbitration courts. Consequently, the concepts of "courts of general jurisdiction" and "judicial system of the Russian Federation" relate to each other as philosophical categories of part and whole.

The legislation on courts of general jurisdiction, in addition to the Constitution of the Russian Federation, is the following federal constitutional laws: "On judicial system Russian Federation";" On military courts of the Russian Federation ";" On courts of general jurisdiction in the Russian Federation. "These acts contain provisions reflecting the system of courts of general jurisdiction, their structure, powers, specifics of organization and interaction between courts and other state bodies and officials ...

In accordance with Art. 1 of the Federal Constitutional Law "On Courts of General Jurisdiction in the Russian Federation", the system of courts of general jurisdiction consists of two groups of courts - federal courts of general jurisdiction and courts of general jurisdiction of constituent entities of the Russian Federation. This differentiation is based not on a functional feature, but on the method of forming various judicial bodies. Federal courts include courts that are created on the basis of federal legislation; courts of constituent entities of the Russian Federation include courts (more precisely, judicial officials), the election or appointment of which occurs in the manner prescribed by the legislation of a particular constituent entity of the Russian Federation.

TO federal courts of general jurisdiction relate:

  • - The Supreme Court of the Russian Federation;
  • - supreme courts of republics, regional, regional courts, courts of cities of federal significance, a court of an autonomous region, courts autonomous regions(i.e. courts of the constituent entities of the Russian Federation);
  • - district courts, city courts, inter-district courts;
  • - military courts of various levels;
  • - specialized courts, the powers, the procedure for the formation and activities of which are established by federal constitutional law. (Currently, such courts have not yet been established.)

TO courts of general jurisdiction formed by the constituent entities of the Russian Federation, include justices of the peace.

All courts of general jurisdiction in their activities equally apply federal law, and in necessary cases- legislation of the constituent entities of the Russian Federation, other by-laws legal acts, as well as international treaties of the Russian Federation, generally recognized principles and norms of international law.

The judiciary, which is part of the system of courts of general jurisdiction, are not among themselves in a relationship of power and subordination. When administering justice and exercising other powers, a specific judicial body makes a decision on its own behalf and bears for it full responsibility... The institutional structure of the system of courts of general jurisdiction presupposes the movement of the case from lower judicial bodies to higher ones and the possibility of subsequent cancellation or change of decisions. Therefore, the powers of various elements of the system of courts of general jurisdiction can be disclosed more fully using not an organizational, but an instance approach.

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 developed and adopted by the Federal constitutional law"On the judicial system of the Russian Federation" dated December 31, 1996.

The history of the development of the judiciary in Russia has shown the inexpediency and impossibility of blind copying foreign experience in this part of state building. Courts of general jurisdiction have to be especially careful when trying on "other people's clothes" as the most predominant division of courts. 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, traditions that have developed over the centuries, and legal culture.

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

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

When securing the presence of judicial power in Russia in the Constitution (Chapter VII) and building it on a more democratic basis, 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, realizing primarily 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:

  • - The Supreme Court of the Russian Federation;
  • - Supreme courts of republics, regional and regional courts, courts of cities of federal significance, a court of an autonomous region and courts of autonomous regions;
  • - 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 relationship... The Judicial Department, created on the basis of the Federal Law "On the Judicial Department at the Supreme Court of the Russian Federation", which entered into force on January 14, 1998, deals with the issues of ensuring the activities of the courts.

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" dated December 17, 1998.

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

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

The Chief Justice of the Supreme Court is appointed by the Federation Council on the proposal of the President of the Russian Federation, based on the opinion qualification board of this court. Deputy Chairmen and other judges of the Supreme Court are appointed 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 collegium of this court (Article 102, 128 of the Constitution of the Russian Federation and Article 13 of the Federal Law Committee "On the judicial system of the Russian Federation") ...

The plenary session of the Supreme Court is composed of the chairman, deputy presidents, and it includes all the judges of this court. The task 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 the courts.

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

The judicial collegiums for civil and criminal cases, as well as the military collegium, act as courts of first and second instance. They are also entitled to consider cases in which specific court orders entered into legal force.

Exercising judicial supervision, the judicial collegiums for civil and criminal cases, the military collegium and the cassation chamber try cases in the composition of three judges.

The decisions taken by the Supreme Court of the Russian Federation in the first instance can be reviewed by the same court in cassation and supervisory procedures.

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

Article 104 of the Constitution of the Russian Federation endowed the Supreme Court of the Russian Federation with the right of legislative initiative. The question of entering into The State Duma the relevant draft laws are decided by the Plenum of the Supreme Court of the Russian Federation.2 Currently, there is an active implementation judicial reform, formed the legislative framework, significant changes are made to the 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 was with proposals to consider the legislature a number of federal projects.

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

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

The above courts have the same competence. They are in charge of considering the most complex civil and criminal cases at first instance. They act as the second instance when examining cases on cassation complaints and cassation appeals from the district courts. Presumably, since there is no provision for the decisions of the justices of the peace cassation appeal, then the review of decisions made by the appellate instance will be carried out by the courts of the third level as a third instance. Revision judgments by these courts is carried out in cassation and supervisory order.

The cassation review is carried out by the judicial collegiums for civil and criminal cases. Supervisory review of cases is carried out by the Presidium. The Presidium is composed of the president of the court, deputy presidents and a number of the most experienced judges. The Presidium has an odd number of members. In cassation, court decisions are reviewed that have not entered into legal force, in a supervisory order - that have entered into legal force.

The second link in the system of courts of general jurisdiction is the 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 scope of work of district courts can be determined through the jurisdiction of cases. The jurisdiction of cases to district courts can be determined by excluding cases of jurisdiction to higher courts, as well as to justices of the peace 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 endowed the district courts with the powers of a court of second instance. Their competence includes the revision of court decisions adopted by justices of the peace, on appeal.

The specificity of the appeal review is that, in contrast to the review in cassation and supervisory procedure, it provides the possibility of a new trial with the personal appearance of the participants in the process, witnesses, experts, verification of various evidence and the issuance of a new decision. According to the additions to the procedural legislation, the district court either approves the verdict (decision), which was passed by the magistrate, or renders a new one.

As part of the implementation of the Concept of Judicial Reform, in December 1998, the law “On Justices of the Peace in the Russian Federation” was adopted.

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

Justices of the peace carry out their activities in judicial areas 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 to office differs from the procedure for appointment to the office of federal judges. Subject of the Federation represented by legislative body state power determines the procedure for the appointment of justices of the peace by electing representative body or by the population.

Article 5 of the Law announces the requirements for a candidate for the office of a magistrate: reaching the age of 25, having a higher legal education, work experience in legal profession not less than 5 years, failure to commit defamatory acts, passing a qualification exam and receiving a recommendation from the qualification collegium of judges of the corresponding constituent entity of the Federation.

A magistrate is appointed (elected) for a term determined by the subject of the federation, but not more than 5 years. A justice of the peace can also be reappointed for the same position for a term, 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, criminal cases that do not entail the use of severe punishments. Justices of the peace will also consider all cases of administrative offenses.

The cases to be considered by justices of the peace are not complicated 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 who of the judges hears them, there are human tragedies, pain, losses, changes in fate. This is confirmed by even a short list of cases referred to the competence of justices of the peace.

Criminal cases considered by justices of the peace are cases of crimes for the commission of which a maximum penalty not exceeding two years' imprisonment can be imposed: civil cases related to extradition court order, cases of divorce, if there is no dispute about children between the spouses; cases of division between spouses of jointly acquired property; cases on property disputes with a claim price not exceeding five hundred minimum sizes wages and some other categories of cases.

The already mentioned categories of cases indicate what important role the magistrate will play in the life of society, therefore it must be accessible and understandable to people (the world), it is assumed that it will be accessible, since it is the closest of all courts to the population, in order to quickly "extinguish" the conflict situation that has arisen 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 a peace judge).

The justice of the peace should be clear, simple and understandable for any citizen.

It is assumed that the office of the magistrate, which ensures his work, will be small: the assistant of the magistrate, as a civil servant of category "B", must have a higher legal education, and the secretary, as an employee of the state category "B", must have a secondary specialized education. 1

Military courts are created taking into account the structure of the Armed Forces on the territorial principle - at the place of deployment of troops and fleets.

As organs of justice, military courts perform uniform for all courts common tasks, which in the specific conditions of the Armed Forces are manifested as maintaining the rule of law and the established order of military service.

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

Military courts are not extraordinary 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, there are 9 district military courts in the Russian Federation, 3 naval military courts and a military court of the Strategic Missile Forces operating as a District Military Court.

Military courts consider:

  • - Criminal cases, of which military personnel are accused, as well as citizens undergoing military training;
  • - 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 actions (inaction) of military authorities, military officials and their decisions.

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

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

The outlined topic, indicating the various features of individual courts, provides an opportunity to define the judicial system in the Russian Federation: Authors who study 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 the constituent entities of the Russian Federation) that are part of a single judicial system, have common tasks, principles of organization and activities to administer justice and implement through justice an independent judiciary acting independently of the legislative and executive branches.

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

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

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

An independent judiciary should also have bodies that implement its functions, which are also independent from each other within their own system, and this is important to emphasize. The court and judges will not be independent if they look back on how the higher courts will assess their activities. Procedural communication between courts in specific cases is a mandatory procedural procedure provided for by law, which ultimately ensures the receipt of a decision, characteristic feature which will be true, i.e. the establishment of an undoubted, indisputable position, enshrined in an act of the judiciary. Yes, the separation of powers presupposes the independence and autonomy of each branch of government from each other. But the judiciary cannot be a balancing principle if it does not act confidently on the basis of inner understanding, on the basis of high moral professionalism, sealed by the Law. And every judge, every judicial body must administer the court in such a way that it is clear that he is the legislator in a particular case. After all, a court decision is a 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 front of the population, the overwhelming majority of the judiciary makes indisputable decisions. The justices of the peace, who are the first link in the judicial hierarchy, all the more must have, show and demonstrate their independence, which confirms the authority of the judiciary. The overwhelming majority of the population of Russia must find the truth, and know the fullness of justice not at the top hierarchical level of 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 a state body of judicial power and exists on behalf of the state. The judicial power is also manifested in the obligatory execution of judicial acts.

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

In view of 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 exercise the function of the judiciary, having 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 the instance agreed legislation.

Courts of general jurisdiction are judicial bodies that operate throughout the territory of the Russian Federation with the aim of administering justice in civil, criminal cases, as well as in cases of administrative offenses.

These courts are called courts of general jurisdiction, since their competence includes the consideration and resolution of the vast majority of legal disputes, both in quantitative terms and in the breadth of coverage of legal relations.

Courts of general jurisdiction operate throughout the territory of the Russian Federation and at all levels of the country's territorial structure. Moreover, all judicial authorities are publicly available. In cases established by law, a person has the right to go to court and obtain a proper resolution of the dispute that has arisen.

Courts of general jurisdiction are included in the general judicial system of the Russian Federation as its subsystem. This means that any court of general jurisdiction is at the same time a court that is part of the general court system. But not all judicial bodies belong to the courts of general jurisdiction. So, this concept does not cover the Constitutional Court of the Russian Federation, constitutional (statutory) courts of the constituent entities of the Russian Federation, arbitration courts. Consequently, the concepts of "courts of general jurisdiction" and "judicial system of the Russian Federation" relate to each other as philosophical categories of part and whole.

The legislation on courts of general jurisdiction, in addition to the Constitution of the Russian Federation, consists of the following federal constitutional laws: "On the judicial system of the Russian Federation"; "On the military courts of the Russian Federation"; "On courts of general jurisdiction in the Russian Federation". These acts contain provisions reflecting the system of courts of general jurisdiction, their structure, powers, specifics of organization and interaction between courts and other state bodies and officials.

In accordance with Art. 1 of the Federal Constitutional Law "On Courts of General Jurisdiction in the Russian Federation", the system of courts of general jurisdiction consists of two groups of courts - federal courts of general jurisdiction and courts of general jurisdiction of constituent entities of the Russian Federation. This differentiation is based not on a functional feature, but on the method of forming various judicial bodies. Federal courts include courts that are created on the basis of federal legislation; courts of constituent entities of the Russian Federation include courts (more precisely, judicial officials), the election or appointment of which occurs in the manner prescribed by the legislation of a particular constituent entity of the Russian Federation.

TO federal courts of general jurisdiction relate:

Supreme Court of the Russian Federation;

Supreme courts of republics, regional and regional courts, courts of cities of federal significance, a court of an autonomous region, courts of autonomous districts (i.e. courts of constituent entities of the Russian Federation);


District courts, city courts, inter-district courts;

Military courts of various levels;

Specialized courts, the powers, procedure for the formation and operation of which are established by federal constitutional law. (Currently, such courts have not yet been established.)

TO courts of general jurisdiction formed by the constituent entities of the Russian Federation, include justices of the peace.

All courts of general jurisdiction in their activities equally apply federal legislation, and, if necessary, the legislation of the constituent entities of the Russian Federation, other bylaws, as well as international treaties of the Russian Federation, generally recognized principles and norms of international law.

The judiciary, which is part of the system of courts of general jurisdiction, are not among themselves in a relationship of power and subordination. When administering justice and exercising other powers, a particular judicial body makes a decision on its own behalf and bears full responsibility for it. The institutional structure of the system of courts of general jurisdiction presupposes the movement of the case from lower judicial bodies to higher ones and the possibility of subsequent cancellation or change of decisions. Therefore, the powers of various elements of the system of courts of general jurisdiction can be disclosed more fully using not an organizational, but an instance approach.

One of the branches of the judiciary, which is competent to consider all criminal cases, as well as civil cases and cases of administrative offenses, with the exception of cases within jurisdiction arbitration courts, (Article 4 of the FKZ "On Courts of General Jurisdiction in the Russian Federation") is referred to as courts of general jurisdiction.

All courts of general jurisdiction are a system of courts. According to part 1 of Art. 1 FKZ "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 FKZ "On courts of general jurisdiction in the Russian Federation" to federal courts of general jurisdiction include:

1) the Supreme Court of the Russian Federation;

2) the supreme courts of the republics, regional and regional courts, courts of cities of federal significance, a court of an autonomous region, courts of autonomous regions;

3) district courts, city courts, inter-district courts (the law unites all the courts listed in this paragraph by a common name - district courts);

4) military courts;

5) specialized courts.

In accordance with part 3 of Art. 1 FKZ "On Courts of General Jurisdiction in the Russian Federation" the courts of general jurisdiction of the constituent entities of the Russian Federation include justices of the peace.

Since (later this will be shown) the main links of the system of courts of general jurisdiction are the subordinate links, we believe that for methodological purposes, when naming the courts, one should start listing with the magistrate. Thus, the courts of general jurisdiction include justices of the peace, 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 opposed to courts of general jurisdiction, which is essentially wrong. It is permissible conditionally to speak only of 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 statutory relationships for the administration of justice in criminal, civil cases and cases of administrative offenses.

The system of courts of general jurisdiction can be schematically represented as follows:

The structure and functioning of the system of courts of general jurisdiction are based on three fundamental principles.

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

The signs of the unity of the system of common 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 (Art. 126) and the FKZ "On the Judicial System of the Russian Federation" (Part 1. Art. 19); b) the presence of the same legal entity ties between its higher and lower levels, both through civil and military courts. Decisions of a lower court that have not entered into legal force are appealed to a higher court on appeal. This is typical for the relationship of all links.

Verification of the legality and validity of decisions that have entered into force is also carried out according to uniform rules... Directions of the regional court that overturned the decision district court, to the same extent it is obligatory for the latter, as the instruction of the Supreme Court of the Russian Federation for the regional or district military court for the garrison; v) the absence of organizationally isolated courts, authorized to consider only criminal, civil cases or cases of administrative offenses. Currently, the specialization of judges is practiced in multipartite courts. However, legally, every judge has the right to consider any category of cases; G) control over the activities of justices of the peace by federal courts. Despite the organizational specifics of the formation of the institute of justices of the peace (these are the courts of the subjects of the federation), the procedural procedure for reviewing their decisions does not differ from the procedure for reviewing court decisions taken by other courts. Justices of the peace are "built" into the general state judicial system, they are part of it. In this sense, we do not have separate systems of federal courts and courts of the subjects of the federation, the system of courts of general jurisdiction is unified.

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

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

Judicial authorities have been created in every constituent entity of the federation and practically in every administrative region (Articles 24, 32 of the Federal Law on Courts of General Jurisdiction in the Russian Federation). This ensures maximum access of the population to justice, since the courts are close to the place of residence of citizens. The fact that in recent times there is an enlargement of judicial districts (one court is created on the territory of two administrative districts that have a common border, that is, in fact, inter-district courts are being created), it does not fundamentally change the situation. Consolidation is necessary to make the best use of the judiciary. There is at least one magistrate in each judicial district, and there are several magistrate judicial districts in large districts. The republics have implemented the same approaches to organizing the judiciary as in other regions. The decisions of the supreme courts of the republics are subject to revision by the Supreme Court of the Russian Federation according to the same rules as the decisions of the courts of other subjects of the federation. Therefore, the construction of the judiciary is implemented, rather, as in a unitary than federal state... This is the peculiarity. The federal structure is manifested in the names of the higher judicial bodies of the republics, partly in the presence of justices of the peace in the subjects of the federation and in some other signs that do not fundamentally affect the situation.

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

A justified exception to this principle 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. The military courts are therefore 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 compliance of its construction with 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. Subordinate links (district courts and justices of the peace) - the main links of the system of courts of general jurisdiction.

The system of courts of general jurisdiction can be represented in the form of a pyramid, at the top of which is the Supreme Court of the Russian Federation, and below, to 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 contributes to the access of the population 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 practically all (with a few exceptions) criminal and civil cases to the jurisdiction of the district and magistrates' courts. Thus, the "entry" into the system of courts of general jurisdiction is through the base of the pyramid. The bulk of cases are considered by district courts (approximately 50-55%) and justices of the peace (approximately 40-45%). The participants in the proceedings have the right to appeal against the 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 system of courts (a higher court controls the quality of the administration of justice lower court) provides 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, determines judicial policy in cases related to the competence of courts of general jurisdiction.

Law enforcement


Table of contents


Introduction

Any lawyer must be well aware of how the bodies that are actively involved in the implementation of laws and other legal regulations are built and operate.

Nowadays, there is an incessant stormy process of updating laws and legal acts. This process is also manifested in the constant updating of legislation that is directly related to the implementation of the law enforcement function of the state, to the organization and basis of the activities of the relevant bodies, as well as to update the practice of applying such legislation.

That is why the study of the system of law enforcement agencies is an important and urgent task.

The purpose and objectives of this work is to study selected issues organization and functioning of the system of law enforcement agencies of the Russian Federation.

The system of courts of general jurisdiction in the Russian Federation

1 Courts of general jurisdiction: concept, tasks and system

A court of general jurisdiction is a court that administers justice in civil, criminal cases and cases arising from administrative offenses, as well as other cases, subject to jurisdiction of the courts of general jurisdiction. 1 .

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.

Federal courts of general jurisdiction include:

1) the Supreme Court of the Russian Federation;

2) the supreme courts of the republics, regional, regional courts, courts of cities of federal significance, the court of an autonomous region, courts of autonomous regions;

3) district courts, city courts, inter-district courts (hereinafter - district courts);

4) military courts, the powers, procedure for the formation and activities of which are established by federal constitutional law;

5) specialized courts, the powers, procedure for the formation and operation of which are established by federal constitutional law.

6) the courts of general jurisdiction of the constituent entities of the Russian Federation include justices of the peace.

The powers, procedure for the formation and operation of federal courts of general jurisdiction are established by the Constitution of the Russian Federation, Federal Constitutional Law of December 31, 1996 N 1-FKZ "On the judicial system of the Russian Federation" (hereinafter - the Federal Constitutional Law "On the judicial system of the Russian Federation"), Federal the constitutional law of 23 June 1999 N 1-FKZ "On military courts of the Russian Federation" and the Federal constitutional law of 7 February 2011 N 1-FKZ "On the courts of general jurisdiction in 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 Federal Constitutional Law "On the Judicial System of the Russian Federation" and federal laws, and the procedure for the appointment (election) and activities of justices of the peace are also established by the laws of the constituent entities of the Russian Federation.

Courts of general jurisdiction administer justice by resolving disputes and considering cases within their competence through civil, administrative and criminal proceedings.

Courts of general jurisdiction consider:

1) all civil and administrative cases on the protection of violated or disputed rights, freedoms and interests protected by law, with the exception of cases that are considered by other courts in accordance with the legislation of the Russian Federation;

2) all criminal cases;

3) other cases referred by the Constitution of the Russian Federation, federal constitutional laws and federal laws to their jurisdiction 2 .

Territorial jurisdiction and other rules for the distribution of cases by jurisdiction between courts of general jurisdiction are established by federal laws.

Courts of general jurisdiction exercise judicial power independently of legislative and executive bodies state power. In the Russian Federation, legislative and other normative legal acts cannot be issued and actions (inaction) can not be carried out that cancel or diminish the independence of courts and judges.

Proceedings in courts of general jurisdiction are open. Hearing in closed session is allowed only in cases stipulated by federal law.

Consideration of cases in courts of general jurisdiction is in-person. Proceedings in absentia are allowed only in cases provided for by federal law.

Consideration of cases in courts of general jurisdiction is carried out on the basis of adversarial nature and equality of the parties.

Judicial acts of courts of general jurisdiction that have entered into force, as well as their legal orders, demands, orders, summons and other appeals, are mandatory for everyone. federal bodies state power, state power bodies of the constituent entities of the Russian Federation, bodies local government, state and municipal employees, public associations, officials, other individuals and legal entities and are subject to strict execution throughout the territory of the Russian Federation.

2 The Supreme Court of the Russian Federation: composition, structure, powers

The Supreme Court of the Russian Federation is the highest judicial body in civil, criminal, administrative and other cases attributed to the competence of courts of general jurisdiction, exercises judicial supervision over their activities in the procedural forms provided for by federal law and provides clarifications on issues of judicial practice.

The Supreme Court of the Russian Federation, within the limits of its competence, considers cases as a court of first, appeal, cassation, supervisory instance and on new or newly discovered circumstances in the manner prescribed by federal laws.

In accordance with Part 1 of Article 104 of the Constitution of the Russian Federation, the Supreme Court of the Russian Federation has the right to initiate legislation on issues of its jurisdiction.

Supreme Court of the Russian Federation:

1) studies, summarizes judicial practice and, in order to ensure its unity, gives explanations to the courts of general jurisdiction on the application of the legislation of the Russian Federation;

2) resolves, within its competence, issues related to international treaties of the Russian Federation;

3) publishes judicial acts of the Supreme Court of the Russian Federation, and also decides issues of ensuring access to information on the activities of the Supreme Court of the Russian Federation in accordance with federal laws;

4) exercise other powers in accordance with federal constitutional laws and federal laws 3 .

The Supreme Court of the Russian Federation operates in the following composition:

1) Plenum of the Supreme Court of the Russian Federation;

2) the Presidium of the Supreme Court of the Russian Federation;

3) the Board of Appeals of the Supreme Court of the Russian Federation;

4) Judicial board on administrative cases The Supreme Court of the Russian Federation;

5) Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation;

6) Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation;

7) Military Collegium of the Supreme Court of the Russian Federation.

Changes to the composition of the Supreme Court of the Russian Federation are introduced by amending this Federal Constitutional Law.

The Supreme Court of the Russian Federation has a general meeting of judges of the Supreme Court of the Russian Federation and the Council of Judges of the Supreme Court of the Russian Federation, the powers, procedure for the formation and activities of which are governed by the regulations on them adopted general meeting judges of the Supreme Court of the Russian Federation.

3 Mid-level courts: composition, structure, powers

Supreme court of the republic, regional, regional court, court of a city of federal significance, court of an autonomous region, court autonomous region are federal courts of general jurisdiction operating within the territory of the corresponding constituent entity of the Russian Federation, and immediately superior the courts in relation to district courts operating on the territory of the corresponding constituent entity of the Russian Federation.

The Supreme Court of the Republic, the Territory, Regional Court, the Federal City Court, the Autonomous Region Court, and the Autonomous Okrug Court operate in the composition of:

1) the presidium of the court;

2) judicial board in civil cases;

3) the judicial collegium for criminal cases 4 .

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, federal law as a part of the Supreme Court of the Republic, Regional, Regional Court, Federal City Court, Autonomous Region Court, Autonomous Okrug Court may be a permanent judicial presence is formed, located outside the place of permanent residence 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.

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 the first court of appeal, cassation instances, for new or newly discovered circumstances, and also exercise other powers in accordance with federal laws.

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 the constitutionality of the law, to be applied in a particular case.

4 District Court: composition, powers

A district court is created by federal law in a 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.

A district court may also be created in a judicial district, the territory of which covers the territories of several districts or other corresponding administrative-territorial units of a constituent entity of the Russian Federation that have common (adjacent) borders. 5 .

The district court is formed in the composition of the chairman of the district court, his deputy (deputies) and judges of the district court, appointed to the position in a number sufficient to ensure the right of citizens living in the territory of the judicial district to the availability of justice and determined By the Judicial Department at the Supreme Court of the Russian Federation in agreement with the chairman 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 within the total number of judges of all federal courts of general jurisdiction established by the federal law on federal budget for the next financial year and planning period.

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, federal law may establish a permanent judicial presence within a district court, located outside the place of permanent residence of the court. The permanent judicial presence of the district court is a separate subdivision of the court and exercises its powers.

The District Court considers all criminal, civil and administrative cases as a court of first instance, with the exception of cases referred by federal laws to the jurisdiction of other courts.

In the cases established by federal law, the district court hears cases of administrative offenses.

On the basis of Part 4 of Article 125 of the Constitution of the Russian Federation, a district court has the right to apply to the Constitutional Court of the Russian Federation with a request for the constitutionality of a law to be applied in a specific case.

The District Court reviews appeals, submissions to decisions of justices of the peace acting on the territory of the respective judicial region.

The district court, in accordance with federal law, considers cases on new or newly discovered circumstances.

5 Military courts: system, principles of organization and operation

Military courts of the Russian Federation (hereinafter - military courts) are federal courts of general jurisdiction, are part of the judicial system of the Russian Federation, exercise judicial power in the Armed Forces of the Russian Federation, other troops, military formations and bodies in which military service is provided for by federal law (hereinafter also - bodies), and other powers in accordance with federal constitutional laws and federal laws 6 .

Military courts are created on a territorial basis at the location of military units and institutions of the Armed Forces of the Russian Federation, other troops, military formations and bodies. Military courts are located in places open to free access.

Military courts are created and abolished by federal law. No military court can be abolished if the matters within its jurisdiction were not simultaneously transferred to the jurisdiction of another court. The number of judges of military courts is established by the Supreme Court of the Russian Federation within the limits of the total number of judges of the Supreme Court of the Russian Federation and judges of other federal courts of general jurisdiction established by the federal law on the federal budget for the next financial year and planning period.

The specifics of the organization and activity of military courts during the period of mobilization and in wartime are determined by the corresponding federal constitutional laws.

The powers, procedure for the formation and operation of military courts are established by the Constitution of the Russian Federation, the Federal Constitutional Law "On the Judicial System of the Russian Federation", this Federal Constitutional Law, other federal constitutional laws and federal laws.

Military courts administer justice on behalf of the Russian Federation, considering cases within their jurisdiction through civil, administrative and criminal proceedings.

The main tasks of military courts when considering cases are to ensure and protect:

  • violated and (or) disputed rights, freedoms and legally protected interests of a person and citizen, legal entities and their associations;
  • violated and (or) disputed rights and legally protected interests of local self-government;
  • violated and (or) disputed rights and legally protected interests of the Russian Federation, constituent entities of the Russian Federation, federal bodies of state power and bodies of state power of constituent entities of the Russian Federation 7 .

Military courts administer justice independently, subject only to the Constitution of the Russian Federation, federal constitutional laws and federal laws.

Judges of military courts are independent and accountable to no one in their activities to administer justice.

Any interference in the activities of judges of military courts in the administration of justice is unacceptable and entails responsibility provided for by federal law.

The guarantees of independence of judges established by the Constitution of the Russian Federation, federal constitutional laws and federal laws cannot be canceled or diminished in relation to judges of military courts.

Military courts have jurisdiction:

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 - military personnel), citizens undergoing military training, from actions (inaction ) bodies of military command, military officials and their decisions;

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 when they pass military service, military training, as well as cases referred to the competence of military courts by the Criminal Procedure Code of the Russian Federation;

3) cases of administrative offenses committed by military personnel, citizens undergoing military training;

4) cases on applications for 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 military courts 8 .

Citizens dismissed from military service, citizens who have passed military training, have the right to appeal to a military court against actions (inaction) of military authorities, military officials and decisions made by them that violated the rights, freedoms and legally protected interests of these citizens during the period of their military service , military training.

If the cases of crimes committed by a group of persons, by a group of persons in a preliminary conspiracy, by an organized group or criminal community, are subject to a military court in relation to at least one of the accomplices, and the separation of a criminal case against the rest of the persons is impossible, these cases in relation to all persons are considered by the corresponding military court.

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

Military courts stationed outside the territory of the Russian Federation have jurisdiction over all civil, administrative and criminal cases subject to consideration by federal courts of general jurisdiction, unless otherwise established international treaty Russian Federation.

Military courts are competent to make decisions foreseen in parts second and third articles 29 of the Criminal Procedure Code of the Russian Federation, in cases referred to their jurisdiction.

The jurisdiction of cases to military courts, as well as the procedure for administering justice by them during the period of mobilization and in wartime, are determined by the relevant federal constitutional laws. 9 .

The military court system includes district (naval) military courts and garrison military courts.

If military unit, an enterprise, institution or organization of the Armed Forces of the Russian Federation, other troops, military formations and bodies are deployed outside the territory of the Russian Federation, military courts may be created at their place of deployment, if this is provided for by an international treaty of the Russian Federation.

6 Justice of the Peace: appointment procedure, powers

Justices of the peace in the Russian Federation (hereinafter - 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 powers, procedure for the activities of justices of the peace and the procedure for creating the posts of justices of the peace are established by the Constitution of the Russian Federation, the Federal Constitutional Law "On the Judicial System of the Russian Federation", other federal constitutional laws, this Federal Law and other federal laws, and the procedure for the appointment (election) and activities of judges are also established by the laws of the constituent entities of the Russian Federation 10 .

Justices of the peace administer justice in the name of the Russian Federation. The procedure for administering justice by justices of the peace shall be established by federal law.

The decisions of justices of the peace, as well as their legal orders, demands, instructions, summons and other appeals that have entered into force, are mandatory for all federal bodies of state power, bodies of state power of the constituent entities of the Russian Federation, local self-government bodies, public associations, officials, and others. individuals and legal entities and are subject to strict execution throughout the territory of the Russian Federation.

Justices of the peace and members of their families are guaranteed the independence of judges, their immunity, as well as material security and social protection established by the Law of the Russian Federation "On the Status of Judges in the Russian Federation" and other federal laws.

The Justice of the Peace considers in the first instance:

1) criminal cases on crimes for the commission of which the maximum punishment does not exceed three years in prison, which are within his jurisdiction in accordance with part one of Article 31 of the Criminal Procedure Code of the Russian Federation;

2) cases on the issuance of a court order;

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

4) cases on the division of jointly acquired property between spouses at a claim price not exceeding fifty thousand rubles;

5) other arising from family law cases, with the exception of cases on challenging paternity (motherhood), on establishing paternity, on deprivation of parental rights, on restriction of parental rights, on adoption (adoption) of a child, other cases on disputes about children and cases on recognizing marriage as invalid;

6) cases on property disputes, with the exception of cases on inheritance of property and cases arising from relations on the creation and use of results intellectual activity, if the cost of the claim does not exceed fifty thousand rubles;

7) is no longer valid. - Federal Law of July 22, 2008 N 147-FZ;

8) cases on determining the procedure for the use of property;

9) cases of administrative offenses attributed to the competence of the magistrate by the Code of the Russian Federation on Administrative Offenses and the laws of the constituent entities of the Russian Federation 11 .

The justice of the peace hears cases on newly discovered circumstances in relation to decisions taken by him in the first instance and entered into force.

The Justice of the Peace shall single-handedly consider cases referred to his competence by this Federal Law.

Justices of the peace and candidates for the office of justices of the peace are subject to the requirements that, in accordance with the Law of the Russian Federation "On the status of judges in the Russian Federation", are presented to judges and candidates for the office of judges, taking into account the provisions of this Federal Law.

Justices of the peace are appointed (elected) to office by the legislative (representative) body of state power of the constituent entity of the Russian Federation or elected to office by the population of the corresponding judicial area in the manner prescribed by the law of a constituent entity of the Russian Federation.

Problem 1

  • interpretation of laws;
  • analysis of judicial practice;
  • the right to initiate legislation;
  • consideration of cases by way of supervision;
  • selection of candidates for positions district judges;
  • supervision over judicial activity district courts;
  • consideration of complaints against decisions and actions (inaction) of an inquiry officer, investigator, head investigative body, the prosecutor in accordance with Article 125 of the Code of Criminal Procedure of the Russian Federation.

Solution

According to Art. 25 of the Federal Constitutional Law of 07.02.2011 N 1-FKZ "On courts of general jurisdiction in the Russian Federation" to the competence of the regional (regional) court are as follows:

  • in accordance with the jurisdiction established by federal laws, they consider cases as a court of first, appeal, cassation instance, for new or newly discovered circumstances, and also exercise other powers in accordance with federal laws.
  • in accordance with the procedure established by federal law in accordance with part 4 of Article 125 of the Constitution of the Russian Federation, they apply to the Constitutional Court of the Russian Federation with a request about the constitutionality of the law to be applied in a particular case.

According to Art. 20 of the Federal Constitutional Law of December 31, 1996 No. 1-FKZ "On the judicial system of the Russian Federation"

The regional (regional) court, within the limits of its competence, considers cases as a court of first and second instance, in the order of supervision and on newly discovered circumstances.

Thus, the competence of the regional (regional) court includes:

  • consideration of cases in cassation;
  • consideration of cases in the first instance;
  • consideration of cases on appeal;
  • consideration of cases by way of supervision.

Problem 2

The district court received three criminal cases: 1) on charges of Martynov of committing a crime under Part 1 of Art. 130 of the Criminal Code of the Russian Federation; 2) on charges of Ustinov and Ivanov of committing a crime under paragraphs. "a", "b" Part 2 of Art. 158 of the Criminal Code of the Russian Federation; 3) on charges of Krotov of committing a crime under paragraph "a" of Part 2 of Art. 105 of the Criminal Code of the Russian Federation.

Determine the jurisdiction of criminal cases and the composition of the court.

Solution.

According to Art. 31. Criminal Procedure Code of the Russian Federation

The District Court according to Art. 31. Cases on charges against Martynov of committing a crime under Part 1 of Art. 130 of the Criminal Code of the Russian Federation and on charges of Ustinov and Ivanov of committing a crime under paragraphs. "a", "b" Part 2 of Art. 158 of the Criminal Code of the Russian Federation.

The case will be heard by a judge of a federal court of general jurisdiction.

The case on charges against Krotov of committing a crime under paragraph "a" of Part 2 of Art. 105 of the Criminal Code of the Russian Federation is submitted to the Supreme Court of the Republic for consideration, since it is he who has jurisdiction over criminal cases on crimes provided for by Articles 105, part two, 126 part three, 131 parts three and four, 205, 206 parts two - four, 208 part one, 209 - 211, 212 in part one, 227, 263 in part three, 263.1 in part three, 267 in part three, 269 in part three, 275 - 279, 281, 290 in parts three and four, 294 - 302, 303 in parts two and three, 304, 305, 317, 321 part three, 322 part two, 353 - 358, 359 parts one and two and 360 of the Criminal Code of the Russian Federation. The case will be heard by a judge of a federal court of general jurisdiction and a panel of twelve jurors.

conclusions

Recognition and protection of the rights and freedoms of citizens are constitutional obligation the state, all its bodies, institutions and organizations. Without such a comprehensive approach, the realization of these rights and freedoms is impossible. At the same time, when the violation of the rights and freedoms of citizens by other persons or state bodies, institutions and organizations is associated with the violation of specific legal regulations on responsibility for crimes or other offenses when it becomes necessary to suppress such actions or restore violated rights - this obligation is assigned to law enforcement.

The legislation and Decrees of the President of the Russian Federation do not contain an exhaustive formulation of the concept of "law enforcement agencies". It is necessary to distinguish from the concept of "law enforcement agencies" the concept of "law enforcement agencies", which is broader. To apply the law means to act on the basis of the norms of the law; without this, the vital activity of citizens, the state and modern society is impossible. The law applies to all legal and individuals... But about law enforcement it comes only when the law is applied government bodies... These include all government agencies, including law enforcement. In other words, law enforcement is only a part of law enforcement.

Law enforcement agencies are in a certain way isolated on the basis of professional activity an independent group of state bodies with their own clearly defined tasks. These tasks consist either in the restoration of the violated right, for example, in the field civil relations, either in punishing the offender, when it is impossible to restore the violated right (in the commission of some crimes, for example, during murder), or in the restoration of the violated right and punishment at the same time, when there is an opportunity to restore the violated right, but the offender also deserves punishment. Solving these tasks, law enforcement agencies protect the life, health, property of citizens, their property, property of the state, state, public and private organizations, protect the state and its institutions, nature, wildlife, etc.


LIST OF USED LITERATURE

  1. Constitution of the Russian Federation (adopted by popular vote 12.12.1993).
  2. Federal Constitutional Law of 31.12.1996 No. 1-FKZ "On the judicial system of the Russian Federation" (approved by the Federation Council of the Federal Assembly of the Russian Federation on 26.12.1996).
  3. Federal Law of December 17, 1998 No. 188-FZ "On Justices of the Peace in the Russian Federation"
  4. S.V. Alexandrov The Office of the Justice of the Peace: Problems of the Legal Nature and Organization of Work // Russian Justice. 2009. No. 5;
  5. Andryushechkina I.N. Analysis of the main indicators of the activities of courts of general jurisdiction // Russian Justice. 2007. No. 3;
  6. Batyev G.G. Formation of the institute of justices of the peace in Russia // Russian judge. 2007. No. 11;
  7. Bozhyev V. Plenum of the Supreme Court of the Russian Federation on proceedings in court with the participation of jurors // Legality. 2006. No. 4;
  8. Bozhiev V. Plenum of the Supreme Court of Russia on proceedings in court supervisory authority// Legality. 2007. No. 4;
  9. Bykov V.P. Constitutional and legal problems of organizing the activities of justices of the peace // Russian justice. 2007. No. 7;
  10. Speech by the Chairman of the Supreme Court of the Russian Federation V.M. Lebedev (Editorial material) // Russian Justice. 2009. No. 1;
  11. Petrov M.I. Commentary on the Federal Constitutional Law "On military courts of the Russian Federation" dated June 23, 1999 No. 1-FKZ (itemized) .- M., 2008;
  12. Petrochenkov A.Ya. Formation and development of the system of military courts (military tribunals) in Russia // Russian justice. 2009. No. 1;
  13. Ryabtseva E.V. Russian jury trial: controversial issues // Russian justice. 2008. No. 1;
  14. Smagina E.S. Creation possibilities appellate instances in courts of general jurisdiction // Russian Justice. 2010. No. 3;
  15. Criminal law in the practice of a district court: Scientific and practical manual / Ed. A.V. Galakhova. - M .: Norma, 2007;
  16. A.A. Ushakov Commentary on Federal law"On justices of the peace in the Russian Federation" (article by article). Moscow: Delovoy Dvor, 2010.

1 Federal Constitutional Law of 07.02.2011 N 1-FKZ "On Courts of General Jurisdiction in the Russian Federation" http://www.consultant.ru/online/base/?req=doc;base=law;n=110271

2 Federal Constitutional Law of 07.02.2011 N 1-FKZ "On Courts of General Jurisdiction in the Russian Federation" http://www.consultant.ru/online/base/?req=doc;base=law;n=110271

3 Federal Constitutional Law of 07.02.2011 N 1-FKZ "On Courts of General Jurisdiction in the Russian Federation" http://www.consultant.ru/online/base/?req=doc;base=law;n=110271

4 Federal Constitutional Law of 07.02.2011 N 1-FKZ "On Courts of General Jurisdiction in the Russian Federation" http://www.consultant.ru/online/base/?req=doc;base=law;n=110271

5 Federal Constitutional Law of 07.02.2011 N 1-FKZ "On Courts of General Jurisdiction in the Russian Federation" http://www.consultant.ru/online/base/?req=doc;base=law;n=110271

6 Federal Constitutional Law of 23.06.1999 No. 1-FKZ "On military courts of the Russian Federation" (approved by the Federation Council of the Federal Assembly of the Russian Federation on 09.06.1999)

7 Federal Constitutional Law of 23.06.1999 No. 1-FKZ "On military courts of the Russian Federation" (approved by the Federation Council of the Federal Assembly of the Russian Federation on 09.06.1999)

8 Federal Constitutional Law of 23.06.1999 No. 1-FKZ "On military courts of the Russian Federation" (approved by the Federation Council of the Federal Assembly of the Russian Federation on 09.06.1999)

9 Federal Constitutional Law of 23.06.1999 No. 1-FKZ "On military courts of the Russian Federation" (approved by the Federation Council of the Federal Assembly of the Russian Federation on 09.06.1999)