Russian Constitution stipulates the administration of justice exclusively by the court, which is protecting the rights and freedoms of man and citizen, fulfills the main function of rightly.The Constitution and procedural laws provide for a special procedure, which must necessarily be respected in justice, and he distinguishes it from the administrative proceedings.The legislator took care of creating optimal conditions for the establishment of the truth and making a fair verdict.
Criminal proceedings
Court as a party to the criminal proceedings recognized by the main participant.It considers the merits and decides, while protecting the legitimate rights and interests of citizens.In carrying out its functions, the court must take into account the international legal standards and practice of the European Court of Human Rights.
parties to the proceedings are divided into groups:
- Court.As a party to the criminal proceedings, he has the authority to create appropriate conditions for the realization of the participants of their rights and duties.
- The prosecution includes the prosecutor, the investigative bodies, investigators, the victim, the private prosecutor, a representative of the victim, civil plaintiff.
- The defense consists of a suspect, the accused, their legal representatives in the case of minorities, defense counsel, civil defendant, civil defendant.
- assigned to other participants who do not have their own interests in the case.It witnesses, interpreters, experts, witnesses, experts.
bring justice
Criminal justice is decided by world judges, district, provincial and equivalent courts, the Supreme Court of the Russian Federation.In implementing the criminal process shall also be attended by representatives of the people - the jurors.Their task - to reach a verdict on the guilt or innocence of the defendant.But for fairness and legality of such a verdict, the representatives of the people have certain rights and responsibilities.
Court as a party to criminal proceedings shall have the sole right to decide on the guilt of a person committing a crime or justify it.Guilty assign punishment, compulsory measures of medical or educational nature, which in some way restrict the rights and freedoms provided by the Constitution of the Russian Federation.
Only a court, as a participant in the criminal proceedings, has the exclusive right to control the judicial process, adhering to the law.Reactivate human rights abuses, punish the guilty - his main task.
Court as a party to criminal proceedings may administer justice both individually and collectively.For example, single-handedly lead criminal proceedings justices and federal judges in courts of first instance and appeal.The Board may consist of three-judge or a professional judge to the jury, which must be twelve.
Civil Procedure
participants of the civil process, shared by only three groups:
- Court.This state agency aims to promote the process of the participants to realize their rights and to carry out the duties in full.The Court as a party to the civil proceedings is obliged to defend the contested or human rights violations.
- persons having legal interest in the proceedings (plaintiff, defendant).
- Those without a legal interest in the proceedings (witnesses, experts, interpreters).Such persons are helping to establish the truth during the trial.
members of civil procedure are also divided into:
- persons who have a personal interest in the case;
- persons having the state, the public interest.
rules of law applied by the court in civil disputes and determining the most dominant its role in civil proceedings.
In civil proceedings the court shall administer justice alone only in cases in the Court of First Instance, if the legislation of the Russian Federation, or the actors do not object to such proceedings.
Enforcement proceedings
Court as a member of the executive proceedings shall serve as the control over the execution of court decisions, as well as to control the actions and decisions of the bailiffs.This fairly new feature has helped bring the role and importance of the court in the criminal process to a new level.Even before the decision the court should be concerned about securing the claim.
court - a special body
Court - a public body with a special order form and procedure implementation of their powers.In order to resolve disputes, and handed down verdicts were sufficiently objective and fair, the legislator has secured the complete independence of the judiciary.Therefore, any pressure on the court ruled, and is punishable by law.
