Supreme Court

click fraud protection

Supreme Court, according to the current Constitution, is the highest authority of the court.

constitutions of practically all countries of the world there is a chapter on the judiciary, which is one of the constituent parts of the government, which directly affects the rights and freedoms of people.

Prior to 1991, the Russian judicial system included only the courts of general jurisdiction.These competencies were all civilians, including family, labor, housing, etc., as well as criminal and administrative cases.

Supreme Court, previously referred to as the Supreme Court of the RSFSR, there since Soviet times, since 1922.It was created as a body which shall exercise control over all the existing courts in the administrative sense of the concept, and procedural.He considered the cassation and supervisory review of any cases that have gone through the courts.

In addition, he had the competence and independence of first instance, gave explanations on judicial practice, which had binding force in all lower courts.

The structure of this supreme body provided Plenum and Presidium Board cassation, two Court collegium considering, respectively, criminal or civil cases, as well as the Military Collegium of judges with her.

His work provides an apparatus of the Supreme Court - Department.

Under the current Constitution, clerical and legal proceedings in all courts of our country, including the Supreme, is carried out in the state - Russian - language.

Today, the Supreme Court acts simultaneously in three separate process qualities, making it in line with the constitutional concept of "supervision" for definitions of courts of general jurisdiction:

1. First, he considers the decision as the second court - cassation- in respect of the sentences that have been handed down in the courts of the subjective level, but not yet in force and effect.

2. The Supreme Court of the Russian Federation intended to carry out proceedings for judicial review against are already in force the sentence of any federal court.

3. In certain cases, it can act as a court of first instance.For example, a federal judge against whom a criminal case has the right to request that he listened to the Supreme Court of Russia.This court also has the right to verify complaints from citizens relating to violation of their electoral rights in the presidential and Duma elections, and decisions, challenging non-normative legal acts of the President or the Federal Assembly or the respective boards to the removal of judges from office.

Determination of the Supreme Court shall be made after careful consideration of the appealed judicial decision on the basis of the conclusions drawn from the examination of the submission or complaint.It is required to specify the motives for which the corresponding decision was made, as well as reference to those laws that the tribunal was guided.

The powers of the supreme body of the court also included the resolution of contentious cases that are transferred from the President of Russia and the concern of public authorities of our country and its subjects.

If earlier the matter was not considered in the Supreme Court, it will be made by the Board of the Authority, if the case has already been, it brought to the meeting of the Presidium, which is entitled as canceled the earlier ruling, sending it for further review, and leavesupervisory appeal.

judicial procedure the court of first instance in civil or administrative case is carried out individually (one judge) and collectively (in the amount of three judges) or as a single judge with a jury - at the hearing of the criminal case.