THE JUDICIAL SYSTEM OF RUSSIA
The Russian judiciary is divided into three types of court systems:
1. The courts of general jurisdiction (including military courts) subordinated to the Supreme Court;
2. The arbitration (commercial ) court system; and
3. The Constitutional Court (as well as constitutional courts in a number of subjects of the Russian Federation).
Civil and criminal cases are tried in courts of general jurisdiction, courts of appeals, and higher courts. At the highest level is the Supreme Court. The general court system's lowest level is the municipal court, which serves each city or rural district and hears almost all civil and criminal cases.
The Supreme Court of the Russian Federation is the highest judicial organ for civil, criminal, administrative and other cases, subject to the jurisdiction of courts of first instance. The Supreme Court of the Russian Federation is a cassation instance in relation to the federal courts of general jurisdiction of republics or oblasts. The Supreme Court of the Russian Federation supervises legality, validity and substantiality of sentences and other decisions of courts of lower level.
On October 7, 2013, the President of the Russian Federation submitted to the State Duma the draft law “On Amendment of the Constitution of the Russian Federation “On the Supreme Court of the Russian Federation and the Prosecutor’s Office of the Russian Federation”. The Supreme Arbitration Court of the Russian Federation was actually abolished. The Supreme Court of the Russian Federation becomes the supreme judicial authority for settlement of economic disputes and other cases currently tried by arbitration courts. The merger of the Supreme Arbitration Court of the Russian Federation and the Supreme Court of the Russian Federation is not irrational. Implementation of this reform ensures uniformity of judicial practice in interpretation of norms used both in disputes settled in courts of general jurisdiction and those settled in arbitration courts.
Military courts work in the Armed Forces and they are included into the single judicial system of Russia. Supervision over their activity is exercised by the Military Board of the Supreme Court of the Russian Federation. This Court considers such cases as: criminal, administrative, civil and other cases within jurisdiction of the court of general jurisdiction pertaining to military personnel and organizations in which there is a military and equivalent service.
The Constitutional Court of the Russian Federation is a judicial body of constitutional review, which independently exercises judicial power by means of constitutional judicial proceedings. Constitutional Court consists of 19 judges, appointed by the Federation Council upon nomination by the President of the Russian Federation. The Constitutional Court shall perform its functions provided that no less than three quarters of the total number of judges are in office. It considers complaints about violation of constitutional rights and freedoms of citizens, verifies the constitutionality of law that has been applied in a specific case; gives interpretation of the Constitution of the Russian Federation.
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Arbitration courts are specialized courts which resolve property and commercial disputes between economic agents. They also examine claims seeking invalidity of governmental acts allegedly violating rights and legitimate interests of businessmen. Such claims include tax, land and other disputes arising out of administrative, financial and other legal relations. The system of arbitration courts is organizationally divided into 4 levels:
1. The federal arbitration courts of the subjects of the Russian Federation.
2. Arbitration appellate courts.
3. Federal district arbitration courts.
4. The Supreme Court of the Russian Federation
Упражнение 6. Нарисуйте схему системы судов Российской Федерации на основе прочитанного текста.
Упражнение 7. Суды различаются по типу рассматриваемых дел. Соотнесите название суда (1-9) с соответствующим определением (a-i).
| 1. appellate court (or court of appeals, appeals court) 2. crown court 3. high court 4. juvenile court 5. lower court (or court of first instance) 6. magistrates’ court 7. moot court 8. small-claims court 9. tribunal | a. This is where a person under the age of 18 would be tried. b. This is the court of primary jurisdiction, where a case is heard for the first time. c. This is where small crimes are tried in the UK. d. This is where law students argue hypothetical cases. e. This is where a case is reviewed which has already been heard in a lower court. f. This is where cases involving a limited amount of money are handled. g. This is where serious criminal cases are heard by a judge and a jury in the UK. h. This is where a group of specially chosen people examine legal problems of a particular type, such as employment disputes. i. This is usually the highest court in a jurisdiction, the court of last resort. |
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