Kaliningrad Regional Court. Supreme Court of the Republic, Territorial (Regional) Court, Federal City Court, Autonomous Region Court, Autonomous Okrug Court President of the Russian Federation D

Chapter 1. General provisions

Article 1 Court system general jurisdiction

1. The system of courts of general jurisdiction in Russian Federation are federal courts of general jurisdiction and courts of general jurisdiction of the constituent entities of the Russian Federation.

2. 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 federal significance, autonomous region court, courts autonomous regions;

3) district courts, city courts, inter-district courts (hereinafter referred to as district courts);

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

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

3. The courts of general jurisdiction of the constituent entities of the Russian Federation include justices of the peace.

Article 2 Legislation of the Russian Federation on courts of general jurisdiction

1. The powers, the procedure for the formation and operation of federal courts of general jurisdiction are established by the Constitution of the Russian Federation, Federal Constitutional Law No. 1-FKZ of December 31, 1996 "On the Judicial System of the Russian Federation" (hereinafter referred to as the Federal Constitutional Law "On the Judicial System of the Russian Federation") , the Federal Constitutional Law of June 23, 1999 N 1-FKZ "On Military Courts of the Russian Federation" and this Federal Constitutional Law.

2. 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 is also established by the laws of the subjects of the Russian Federation.

Article 3 The procedure for the creation and abolition of courts of general jurisdiction

1. The Supreme Court of the Russian Federation is created in accordance with the Constitution of the Russian Federation and can only be abolished by amending the Constitution of the Russian Federation. Other federal courts of general jurisdiction are created and abolished only by federal law.

2. Judicial plots and the positions of justices of the peace are created and abolished by the laws of the constituent entities of the Russian Federation.

3. No court may be abolished if the issues of administration of justice referred to its jurisdiction were not simultaneously transferred to the jurisdiction of another court.

4. The total number of judges of the Supreme Court of the Russian Federation and judges of other federal courts of general jurisdiction is established by federal law on federal budget for the next financial year and planning period.

5. The total number of justices of the peace and the number of judicial districts of a subject of the Russian Federation are determined by federal law on the legislative initiative of the corresponding subject of the Russian Federation, agreed with the Supreme Court of the Russian Federation, or on the initiative of the Supreme Court of the Russian Federation, agreed with the corresponding subject of the Russian Federation.

Article 4 Administration of justice by courts of general jurisdiction

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

2. Courts of general jurisdiction consider:

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

2) all criminal cases;

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

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

Article 5 Principles of activity of courts of general jurisdiction

1. Justice in the Russian Federation is carried out only by the court.

2. No one may be deprived of the right to have his case considered in that court of general jurisdiction and by that judge to whose jurisdiction it is assigned by this Federal Constitutional Law and federal laws.

3. Everyone is equal before the court. The courts do not give preference to any bodies, persons, parties participating in the process on the basis of their state, social, gender, racial, national, linguistic or political affiliation or depending on their origin, property and official status, place of residence, place of birth, attitude to religion, beliefs, membership in public associations, as well as on other grounds not provided for by federal law.

4. Courts of general jurisdiction exercise judiciary regardless of legislative and executive bodies state power. Legislative and other normative legal acts and actions (inaction) that cancel or diminish the independence of courts and judges cannot be issued in the Russian Federation.

5. The proceedings in the courts of general jurisdiction are open. Hearing in private meeting allowed only in cases stipulated by federal law.

6. Consideration of cases in courts of general jurisdiction in person. Proceedings in absentia are allowed only in cases stipulated by federal law.

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

8. Judicial acts of courts of general jurisdiction that have entered into force, as well as their legal orders, demands, instructions, calls and other appeals are binding on all federal bodies state authorities, state authorities 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 enforcement throughout the Russian Federation.

Article 6 Financial support activities of courts of general jurisdiction

1. Financial support for the activities of federal courts of general jurisdiction and justices of the peace is carried out at the expense of budgetary appropriations, respectively, from the federal budget and the budgets of the constituent entities of the Russian Federation in the manner established by this Federal constitutional law, other federal constitutional laws, federal laws, other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the subjects of the Russian Federation.

2. Financial support for the activities of the Supreme Court of the Russian Federation is carried out by the apparatus of this court.

3. Financial support for the activities of the supreme courts of the republics, regional, regional courts, courts of cities of federal significance, courts of an autonomous region, courts of autonomous districts, district courts, military and specialized courts is carried out by the Judicial Department at the Supreme Court of the Russian Federation.

4. Financial support for the activities of justices of the peace (with the exception of ensuring the remuneration of labor of justices of the peace and social payments provided for judges by federal laws, which is carried out through the bodies of the Judicial Department at the Supreme Court of the Russian Federation) is carried out by bodies executive power the corresponding subject of the Russian Federation.

Article 7 Logistics support for the activities of courts of general jurisdiction

1. Material and technical support for the activities of federal courts of general jurisdiction is carried out at the expense of budgetary appropriations of the federal budget in an amount that ensures full and independent justice.

2. Material and technical support for the activities of the Supreme Court of the Russian Federation is carried out by the apparatus of this court.

3. Material and technical support for the activities of other federal courts of general jurisdiction is carried out by the Judicial Department under the Supreme Court of the Russian Federation.

4. Material and technical support for the activities of justices of the peace is carried out at the expense of budget allocations from the budget of the corresponding subject of the Russian Federation in the manner prescribed by the law of this subject of the Russian Federation.

Chapter 2 Supreme Court of the Russian Federation

Article 8 The procedure for the formation of the Supreme Court of the Russian Federation

Judges of the Supreme Court of the Russian Federation are appointed by the Federation Council Federal Assembly Russian Federation on the proposal of the President of the Russian Federation.

Article 9 Competence of the Supreme Court of the Russian Federation

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

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

3. 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 legislative initiative on matters of its management.

4. The Supreme Court of the Russian Federation:

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

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

3) publishes judicial acts of the Supreme Court of the Russian Federation, and also resolves 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.

Article 10 Composition of the Supreme Court of the Russian Federation

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

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

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

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

4) Judicial board for administrative affairs the Supreme Court of the Russian Federation;

5) Judicial board for civil affairs 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.

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

Article 11 Bodies of the judiciary in the Supreme Court of the Russian Federation

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, whose powers, formation and activities are regulated by the regulation on them, adopted general meeting judges of the Supreme Court of the Russian Federation.

Article 12 Scientific Advisory Council under the Supreme Court of the Russian Federation

1. Under the Supreme Court of the Russian Federation, a Scientific Advisory Council is formed as an advisory body, the composition of which is approved by the Plenum of the Supreme Court of the Russian Federation upon the proposal of the Chairman of the Supreme Court of the Russian Federation.

2. The organization and procedure for the activities of the Scientific Advisory Council under the Supreme Court of the Russian Federation are determined by the regulation on it, approved by the Plenum of the Supreme Court of the Russian Federation.

Article 13 Press organ of the Supreme Court of the Russian Federation

The press organ of the Supreme Court of the Russian Federation is the Bulletin of the Supreme Court of the Russian Federation.

Article 14 Plenum of the Supreme Court of the Russian Federation

1. The Plenum of the Supreme Court of the Russian Federation is composed of the Chairman of the Supreme Court of the Russian Federation, his deputies and judges of the Supreme Court of the Russian Federation.

2. Judges may participate in sessions of the Plenum of the Supreme Court of the Russian Federation at the invitation of the Chairman of the Supreme Court of the Russian Federation Constitutional Court of the Russian Federation, judges of the Supreme Arbitration Court of the Russian Federation, other judges and other persons.

3. If necessary, joint sessions of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation may be held.

4. Plenum of the Supreme Court of the Russian Federation:

1) provides courts of general jurisdiction with clarifications on the application of the legislation of the Russian Federation in order to ensure the unity of judicial practice;

2) use, in accordance with Article 104 of the Constitution of the Russian Federation, the right of the Supreme Court of the Russian Federation to initiate legislation on issues within its jurisdiction;

3) elect, on the proposal of the Chairman of the Supreme Court of the Russian Federation, the secretary of the Plenum of the Supreme Court of the Russian Federation from among the judges of the Supreme Court of the Russian Federation;

4) approves, on the proposal of the Chairman of the Supreme Court of the Russian Federation, the composition of the Scientific Advisory Council under the Supreme Court of the Russian Federation, as well as the regulation on it;

5) approves, in connection with the presentation of the President of the Russian Federation, the composition judicial board judges of the Supreme Court of the Russian Federation, which, in accordance with the Code of Criminal Procedure of the Russian Federation, adopts an opinion on the presence in the actions of the Prosecutor General of the Russian Federation and (or) the Chairman of the Investigative Committee of the Russian Federation of signs of a crime in order to decide on initiating a criminal case against specified persons or to make a decision on their involvement as defendants in a criminal case, if the criminal case was initiated against other persons or on the fact of committing an act containing signs of a crime;

6) annually submit, at the suggestion of the Chairman of the Supreme Court of the Russian Federation, for approval by the Supreme qualification board of judges of the Russian Federation the composition (compositions) of the judicial panel (judicial panels) of judges of the Supreme Court of the Russian Federation, making (s) a decision (s) on the issue of bringing to justice administrative responsibility judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, the supreme court of the republic, the regional court, the court of the city of federal significance, the court of the autonomous region, the court autonomous region, a military court, a federal arbitration court, as well as on other issues provided for by the law of the Russian Federation on the status of judges in the Russian Federation;

7) hear reports on the work of the Presidium of the Supreme Court of the Russian Federation, reports of the Deputy Chairmen of the Supreme Court of the Russian Federation and the Chairman of the Board of Appeal of the Supreme Court of the Russian Federation on the activities of the Judicial Boards of the Supreme Court of the Russian Federation and the Board of Appeal of the Supreme Court of the Russian Federation;

8) submits an inquiry to the Constitutional Court of the Russian Federation in accordance with part 2 of Article 125 of the Constitution of the Russian Federation;

9) approves the composition of judicial panels of the Supreme Court of the Russian Federation;

10) elect members of the Disciplinary Court Presence from among the judges of the Supreme Court of the Russian Federation by secret ballot using ballots and subject to a competitive approach;

11) approves, jointly with the Plenum of the Supreme Arbitration Court of the Russian Federation, by a resolution, the Rules of the Disciplinary Judicial Presence;

12) approves the Rules of Procedure of the Supreme Court of the Russian Federation;

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

5. The procedure for the work of the Plenum of the Supreme Court of the Russian Federation is determined by the Rules of the Supreme Court of the Russian Federation.

Article 15 Presidium of the Supreme Court of the Russian Federation

1. The Presidium of the Supreme Court of the Russian Federation includes the Chairman of the Supreme Court of the Russian Federation, his deputies and judges of the Supreme Court of the Russian Federation. The quantitative composition of the Presidium of the Supreme Court of the Russian Federation is determined by the Rules of the Supreme Court of the Russian Federation.

2. Members of the Presidium of the Supreme Court of the Russian Federation from among the judges of the Supreme Court of the Russian Federation are approved by the Federation Council of the Federal Assembly of the Russian Federation on the proposal of the President of the Russian Federation, based on the proposal of the Chairman of the Supreme Court of the Russian Federation, and in the presence of a positive opinion of the High Qualification Board of Judges of the Russian Federation.

3. A meeting of the Presidium of the Supreme Court of the Russian Federation is held at least once a month and is considered valid if a majority of the members of the Presidium of the Supreme Court of the Russian Federation are present.

4. Decisions of the Presidium of the Supreme Court of the Russian Federation are adopted by a majority of votes of the members of the Presidium of the Supreme Court of the Russian Federation participating in the session and signed by the chairman of the session of the Presidium of the Supreme Court of the Russian Federation.

Article 16 Powers of the Presidium of the Supreme Court of the Russian Federation

1. Presidium of the Supreme Court of the Russian Federation:

1) in accordance with federal laws and in order to ensure the unity of judicial practice and legality, checks, by way of supervision, by way of resuming proceedings on new or newly discovered circumstances, judicial acts that have entered into force;

2) applies to the Constitutional Court of the Russian Federation on the basis of part 4 of Article 125 of the Constitution of the Russian Federation with a request on the constitutionality of the law to be applied in a particular case;

3) resolve issues related to the organization of the work of the judicial chambers of the Supreme Court of the Russian Federation, the composition of the judicial divisions of these chambers and the apparatus of the Supreme Court of the Russian Federation;

4) approves the regulation on the apparatus of the Supreme Court of the Russian Federation, its structure and staffing;

5) assign the performance of the duties of the Chairman of the Supreme Court of the Russian Federation to one of his deputies in the absence of the Chairman of the Supreme Court of the Russian Federation;

6) considers materials based on the results of studying and summarizing judicial practice, analyzing judicial statistics;

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

2. The procedure for consideration at a session of the Presidium of the Supreme Court of the Russian Federation of issues not related to the consideration of court cases is determined by the Presidium of the Supreme Court of the Russian Federation.

Article 17 Board of Appeal of the Supreme Court of the Russian Federation

1. The Board of Appeal of the Supreme Court of the Russian Federation consists of its chairman and members who are judges of the Supreme Court of the Russian Federation. The Chairman and members of the Board of Appeal of the Supreme Court of the Russian Federation are approved by the Federation Council of the Federal Assembly of the Russian Federation on the proposal of the President of the Russian Federation, based on the proposal of the Chairman of the Supreme Court of the Russian Federation, and in the presence of a positive conclusion of the High Qualification Board of Judges of the Russian Federation.

2. The Board of Appeal of the Supreme Court of the Russian Federation:

1) considers, as a court of appeal, civil cases, administrative cases, decisions on which, as a court of first instance, were issued by the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, the Judicial Collegium for Administrative Cases of the Supreme Court of the Russian Federation and the Military Collegium of the Supreme Court of the Russian Federation;

2) considers, within the limits of its authority, cases on new or newly discovered circumstances;

3) exercise other powers in accordance with federal laws.

3. Organizes the activities of the Board of Appeal of the Supreme Court of the Russian Federation, its chairman, who presides over court sessions, informs the Plenum of the Supreme Court of the Russian Federation and the Presidium of the Supreme Court of the Russian Federation about the activities of the board and exercises other powers in accordance with federal laws.

Article 18 Judicial Chambers of the Supreme Court of the Russian Federation

1. The Judicial Chamber for Administrative Cases of the Supreme Court of the Russian Federation, the Judicial Chamber for Civil Cases of the Supreme Court of the Russian Federation, the Judicial Chamber for Criminal Cases of the Supreme Court of the Russian Federation and the Military Chamber of the Supreme Court of the Russian Federation (hereinafter referred to as the Judicial Chambers of the Supreme Court of the Russian Federation) are formed from the number of judges of the Supreme Court of the Russian Federation in the composition of the chairman and members of the relevant judicial board. The composition of the judicial chambers of the Supreme Court of the Russian Federation is approved by the Plenum of the Supreme Court of the Russian Federation on the proposal of the Chairman of the Supreme Court of the Russian Federation.

2. Chairman of the Supreme Court of the Russian Federation in necessary cases has the right, by its order, to involve judges of one judicial collegium for the consideration of cases as part of another judicial collegium.

Article 19 Judicial Panels of Judicial Collegia of the Supreme Court of the Russian Federation

1. Judicial panels of the Supreme Court of the Russian Federation are formed from among the judges who are members of the relevant judicial panel.

2. Panels of judges of judicial chambers of the Supreme Court of the Russian Federation are formed by the Chairman of the Supreme Court of the Russian Federation.

3. Panels of judges of judicial panels of the Supreme Court of the Russian Federation are headed by chairmen of judicial panels appointed by the Chairman of the Supreme Court of the Russian Federation for a term of three years. One and the same judge may be repeatedly appointed to the position of chairman of the judicial composition of the relevant judicial chamber.

Article 20 Competence of Judicial Collegiums of the Supreme Court of the Russian Federation

Judicial chambers of the Supreme Court of the Russian Federation:

1) consider as a court of first instance cases referred to their jurisdiction by federal laws;

2) consider, within the limits of their powers, cases in the appellate, cassation and by new or newly discovered circumstances;

3) has the right to apply on the basis of part 4 of Article 125 of the Constitution of the Russian Federation to the Constitutional Court of the Russian Federation with a request on the constitutionality of the law to be applied in a particular case;

4) summarize judicial practice;

5) exercise other powers in accordance with federal laws.

Article 21 Chairman of the Supreme Court of the Russian Federation

1. The Chairman of the Supreme Court of the Russian Federation is appointed to the position by the Federation Council of the Federal Assembly of the Russian Federation for a period of six years on the proposal of the President of the Russian Federation and subject to a positive opinion of the High Qualifications Board of Judges of the Russian Federation.

2. One and the same person may be appointed to the position of Chairman of the Supreme Court of the Russian Federation more than once, but not more than two times in a row.

3. The Chairman of the Supreme Court of the Russian Federation, along with the exercise of the powers of a judge of the Supreme Court of the Russian Federation and procedural powers established for the Chairman of the Supreme Court of the Russian Federation by federal constitutional laws and federal laws, performs the following functions:

1) organizes the work of the Supreme Court of the Russian Federation and the system of courts of general jurisdiction as a whole;

2) organizes work on the study and generalization of judicial practice, analysis of judicial statistics;

3) convenes the Plenum of the Supreme Court of the Russian Federation and chairs its sessions;

4) submit for approval by the Plenum of the Supreme Court of the Russian Federation the candidature of the secretary of the Plenum of the Supreme Court of the Russian Federation and the composition of the Scientific Advisory Council under the Supreme Court of the Russian Federation;

5) submit for approval by the Plenum of the Supreme Court of the Russian Federation the composition of judicial panels of the Supreme Court of the Russian Federation;

6) forms the agenda of the meeting of the Plenum of the Supreme Court of the Russian Federation;

7) convene the Presidium of the Supreme Court of the Russian Federation and chair its sessions;

8) distribute duties among the Deputy Chairmen of the Supreme Court of the Russian Federation, judges of the Supreme Court of the Russian Federation;

9) submit candidates to the President of the Russian Federation for appointment to in due course to the position of a judge of the Supreme Court of the Russian Federation and the position of judges of other federal courts of general jurisdiction;

10) submit to the President of the Russian Federation, for appointment in accordance with the established procedure, candidacies of judges of the Supreme Court of the Russian Federation - for the position of a member of the Presidium of the Supreme Court of the Russian Federation, candidacies - for the positions of First Deputy and Deputy Chairmen of the Supreme Court of the Russian Federation, as well as candidacies - for the positions of chairman and members Board of Appeal of the Supreme Court of the Russian Federation;

11) submit proposals to the High Qualification Board of Judges of the Russian Federation on qualification certification judges of the Supreme Court of the Russian Federation, as well as on the suspension or termination of their powers;

12) submit proposals to the High Qualifications Board of Judges of the Russian Federation on the qualification attestation of chairmen and deputy chairmen of the supreme courts of republics, territorial, regional courts, courts of cities of federal significance, a court of an autonomous region, courts of autonomous districts, judges of military courts, as well as on the suspension or termination their powers;

13) form the judicial panels of the judicial panels of the Supreme Court of the Russian Federation and appoint the chairmen of the judicial panels of the judicial panels of the Supreme Court of the Russian Federation;

14) organizes the current and advanced planning the work of the Supreme Court of the Russian Federation, monitors the implementation of plans;

15) organize work to improve the skills of judges of the Supreme Court of the Russian Federation and other courts of general jurisdiction;

16) sends to the Disciplinary Judicial Presence an application for early termination powers of judges of courts of general jurisdiction for committing disciplinary offenses in cases where the High Qualification Board of Judges of the Russian Federation or the qualification boards of judges of constituent entities of the Russian Federation refused to satisfy the submissions of the chairmen of federal courts of general jurisdiction on the termination of the powers of judges of courts of general jurisdiction for committing disciplinary offenses;

17) organizes verification of information about the behavior of judges of courts of general jurisdiction that does not comply with the requirements imposed on them by the law of the Russian Federation on the status of judges in the Russian Federation and the Code of Judicial Ethics and detracts from the authority of the judiciary;

18) approves the procedure for verifying the accuracy and completeness of information on income, property and liabilities property nature judges of courts of general jurisdiction, as well as their spouses and minor children in accordance with the law of the Russian Federation on the status of judges in the Russian Federation;

19) appoints and dismisses the Director General of the Judicial Department at the Supreme Court of the Russian Federation with the consent of the Council of Judges of the Russian Federation;

20) appoints and dismisses the Deputy Director General of the Judicial Department at the Supreme Court of the Russian Federation on the proposal of the Director General of the Judicial Department at the Supreme Court of the Russian Federation;

21) interact with the Government of the Russian Federation in the development of the draft federal budget in terms of financing the courts of general jurisdiction;

22) submit proposals to the High Qualification Board of Judges of the Russian Federation on awarding state awards of the Russian Federation to judges of courts of general jurisdiction;

23) submit proposals to the President of the Russian Federation on conferring state awards of the Russian Federation on judges of courts of general jurisdiction on the basis of a decision of the High Qualification Board of Judges of the Russian Federation;

24) submit proposals to the President of the Russian Federation on conferring state awards of the Russian Federation on employees of the Office of the Supreme Court of the Russian Federation and the General Director of the Judicial Department at the Supreme Court of the Russian Federation;

25) approves the members of the collegium of the Judicial Department at the Supreme Court of the Russian Federation, with the exception of the members of this collegium who are members of it ex officio;

26) directs the organization of work of the Board of Appeal of the Supreme Court of the Russian Federation and judicial boards of the Supreme Court of the Russian Federation;

27) organize the work of the Supreme Court of the Russian Federation in receiving citizens and considering proposals, applications and complaints;

28) carry out general management of the activities of the apparatus of the Supreme Court of the Russian Federation, including appointing and dismissing employees of the apparatus of the court, as well as distributing duties between them, making decisions on encouraging employees of the apparatus of the court or bringing them to disciplinary responsibility, organizing work to improve the skills of employees of the court apparatus;

29) assigns, within the limits of its competence, to the employees of the apparatus of the Supreme Court of the Russian Federation class ranks of the state civil service Russian Federation;

30) submit to the President of the Russian Federation, in accordance with the established procedure, submissions on the assignment of class ranks of the state civil service of the Russian Federation to employees of the apparatus of the Supreme Court of the Russian Federation and to CEO Judicial Department at the Supreme Court of the Russian Federation;

31) represents the Supreme Court of the Russian Federation in relations with state bodies, international and intergovernmental organizations;

32) establish the internal regulations of the Supreme Court of the Russian Federation and exercise control over their implementation;

33) issues orders and instructions within its competence;

34) exercise other powers to organize the work of the court.

Article 22 Deputy Chairmen of the Supreme Court of the Russian Federation

1. The First Deputy Chairman of the Supreme Court of the Russian Federation, Deputy Chairman of the Supreme Court of the Russian Federation (hereinafter referred to as the Deputy Chairman of the Supreme Court of the Russian Federation) are appointed to the position by the Federation Council of the Federal Assembly of the Russian Federation for a period of six years on the proposal of the President of the Russian Federation, based on the proposal of the Chairman of the Supreme Court of the Russian Federation. of the Court of the Russian Federation, and in the presence of a positive opinion of the High Qualification Board of Judges of the Russian Federation.

2. One and the same person may be appointed to the position of Deputy Chairman of the Supreme Court of the Russian Federation more than once, but not more than two times in a row.

3. The Deputy Chairman of the Supreme Court of the Russian Federation, along with the exercise of the powers of a judge of the Supreme Court of the Russian Federation:

1) in accordance with the distribution of responsibilities, organizes the activities of the relevant Judicial Collegium of the Supreme Court of the Russian Federation and exercises control over the work of the apparatus of this Judicial Collegium;

2) preside over judicial sessions of judicial chambers of the Supreme Court of the Russian Federation or entrust it to judges of the Supreme Court of the Russian Federation who are members of the respective judicial chambers;

3) inform the Plenum of the Supreme Court of the Russian Federation and the Presidium of the Supreme Court of the Russian Federation about the activities of the respective judicial chambers of the Supreme Court of the Russian Federation;

4) organizes work on summarizing judicial practice in order to present its results for consideration by the Presidium of the Supreme Court of the Russian Federation and the Plenum of the Supreme Court of the Russian Federation;

5) organizes work to improve the qualifications of judges of the Supreme Court of the Russian Federation, employees of the apparatus of judicial panels of the Supreme Court of the Russian Federation and for judges of other courts of general jurisdiction to undergo internships in the Supreme Court of the Russian Federation;

6) exercise other powers to organize the work of the Supreme Court of the Russian Federation.

4. In the absence of the Chairman of the Supreme Court of the Russian Federation, his rights and obligations shall be exercised by one of the Deputy Chairman of the Supreme Court of the Russian Federation.

5. In the event of suspension or termination of the powers of the Deputy Chairman of the Supreme Court of the Russian Federation, his powers, on behalf of the Chairman of the Supreme Court of the Russian Federation, shall be exercised by another deputy, and in the absence of another deputy, on behalf of the Chairman of the Supreme Court of the Russian Federation, by one of the judges of the Supreme Court of the Russian Federation.

Article 23 Judges of the Supreme Court of the Russian Federation

Judges of the Supreme Court of the Russian Federation:

1) participate, within the limits and in the manner established by federal laws, in the consideration of cases by judicial panels of the Supreme Court of the Russian Federation, and exercise other procedural powers;

2) summarize the judicial practice, get acquainted directly in the courts of general jurisdiction with the practice of applying the legislation of the Russian Federation;

3) make proposals for discussion of issues at a session of the Plenum of the Supreme Court of the Russian Federation, participate in the preparation of draft resolutions thereof and, on behalf of the Chairman of the Supreme Court of the Russian Federation, report them to a session of the Plenum of the Supreme Court of the Russian Federation;

4) exercise other powers provided for by the Rules of the Supreme Court of the Russian Federation.

Chapter 3

Article 24

1. Supreme Court republics, regional, regional court, the court of a city of federal significance, the court of an autonomous region, the court of an autonomous district are federal courts of general jurisdiction operating within the territory of the corresponding subject of the Russian Federation, and directly superior courts in relation to district courts operating on the territory of the corresponding subject of the Russian Federation.

2. The Supreme Court of the Republic, the regional court, the court of the city of federal significance, the court of the autonomous region, the court of the autonomous district act as part of:

1) the presidium of the court;

2) judicial board for civil cases;

3) judicial board for criminal cases.

3. In order to bring justice closer to the location or place of residence of persons participating in the case, located or residing in remote areas, by federal law as part of the supreme court of the republic, territorial, regional court, court of a city of federal significance, court of an autonomous region, court of an autonomous district a permanent court presence located outside the permanent seat of the court may be formed. The permanent judicial presence of the supreme court of the republic, the regional court, the court of the city of federal significance, the court of the autonomous region, the court of the autonomous district is separate subdivision court and exercise its powers.

Article 25

1. The Supreme Court of the Republic, the regional court, the court of the city of federal significance, the court of the autonomous region, the court of the autonomous district, in accordance with the jurisdiction established by federal laws, consider cases as a court of first instance, appellate, cassation, on new or newly discovered circumstances, and also exercise other powers in accordance with federal laws.

2. In accordance with the procedure established by federal law, the supreme court of a republic, a regional court, a court of a city of federal significance, a court of an autonomous region, a court of an autonomous district in accordance with Part 4 of Article 125 of the Constitution of the Russian Federation shall apply to the Constitutional Court of the Russian Federation with a request for constitutionality law applicable in a particular case.

Article 26

1. The presidium of the supreme court of a republic, a court of a territory, a regional court, a court of a city of federal significance, a court of an autonomous region, a court of an autonomous district (hereinafter referred to as the presidium of the court) is formed as part of the chairman, deputy chairman of the court, who are members of the presidium of the court ex officio, and other judges of the relevant court in the amount determined by the President of the Russian Federation.

2. The composition of the presidium of the court is approved by the President of the Russian Federation on the proposal of the Chairman of the Supreme Court of the Russian Federation and in the presence of a positive opinion of the relevant qualification board of judges.

3. Presidium of the court:

1) consider cases on cassation complaints against decisions of district courts and justices of the peace that have entered into legal force, appeal rulings Supreme Court of the Republic, Territorial, Regional Court, Federal City Court, Autonomous Region Court, Autonomous Okrug Court, as well as cases on new or newly discovered circumstances;

2) approves, on the recommendation of the chairman of the relevant court, the judicial panels of the Judicial Collegium for Civil Cases and the Judicial Collegium for Criminal Cases from among the judges of this court;

3) annually, at the suggestion of the chairman of the supreme court of the republic, a regional court, a court of a city of federal significance, a court of an autonomous region, a court of an autonomous district, for approval by the High Qualifications Board of Judges of the Russian Federation, the composition (compositions) of the judicial board (s) of judges of the Supreme Court of the Republic court of a city of federal significance, a court of an autonomous region, a court of an autonomous district that makes (takes) a decision (s) on the issue of bringing to administrative responsibility a judge of a district court, an arbitration Court of Appeal, arbitration court of first instance in the republics, territories, regions, cities of federal significance, autonomous regions, autonomous districts, as well as on other issues provided for by the law of the Russian Federation on the status of judges in the Russian Federation;

4) considers materials on the study and generalization of judicial practice and the analysis of judicial statistics;

5) hears the reports of the chairmen of the judicial collegiums on the activities of the collegiums, considers the issues of the work of the apparatus of the court;

6) exercise other powers in accordance with federal laws.

Article 27

1. Sessions of the presidium of the court are held at least twice a month.

2. A session of the presidium of the court shall be considered competent if more than half of the members of the presidium of the court are present at it.

3. Decisions of the presidium of the court are adopted by an open vote by a majority vote of the members of the presidium of the court participating in the vote, and signed by the chairperson of the session of the presidium of the court.

4. Other issues relating to the procedure for the work of the presidium of the court are regulated by the regulations of the supreme court of the republic, the regional court, the court of the city of federal significance, the court of the autonomous region, the court of the autonomous district, respectively.

Article 28

1. The Judicial Collegium for Civil Cases and the Judicial Collegium for Criminal Cases of the supreme court of a republic, a regional court, a court of a city of federal significance, a court of an autonomous region, a court of an autonomous district shall be formed from among the judges of the respective court, consisting of its chairman and members of the respective judicial collegium. The composition of these judicial boards is approved by the presidium of the court.

2. The chairman, respectively, of the supreme court of a republic, a court of a territory, a regional court, a court of a city of federal significance, a court of an autonomous region, a court of an autonomous circuit, if necessary, has the right, by his order, to involve judges of one judicial chamber to consider cases as part of another judicial chamber.

3. Judicial chambers of the supreme court of a republic, a regional court, a court of a city of federal significance, a court of an autonomous region, a court of an autonomous district consider:

1) as a court of first instance, cases referred by federal laws to the jurisdiction of the supreme court of a republic, a court of a territory, a regional court, a court of a city of federal significance, a court of an autonomous region, a court of an autonomous district;

2) as a court of appeal, cases on complaints, submissions against decisions of district courts, adopted by them as a court of first instance and which have not entered into force, as well as against interlocutory judgments of the supreme court of the republic, a regional court, a court of a city of federal significance, the courts of the autonomous region, the courts of the autonomous district, rendered by them in the course of criminal proceedings as a court of first instance;

3) as a court of cassation, cases on complaints, presentations against interlocutory judgments of the supreme court of the republic, the regional court, the court of the city of federal significance, the court of the autonomous region, the court of the autonomous district, issued by them in the course of proceedings in a criminal case as a court of first instances;

4) cases on new or newly discovered circumstances in relation to decisions that have entered into force, adopted by the relevant judicial panel.

Article 29

1. The chairman of the supreme court of a republic, a regional court, a court of a city of federal significance, a court of an autonomous region, a court of an autonomous district is appointed by the President of the Russian Federation for a term of six years on the proposal of the Chairman of the Supreme Court of the Russian Federation and subject to a positive opinion of the High Qualifications Board of Judges Russian Federation.

2. One and the same person may be appointed to the position of chairman of the same supreme court of a republic, a court of a territory, a regional court, a court of a city of federal significance, a court of an autonomous region, a court of an autonomous circuit repeatedly, but not more than two times in a row.

3. The chairman of the supreme court of a republic, a regional court, a court of a city of federal significance, a court of an autonomous region, a court of an autonomous district, along with the exercise of the powers of a judge of the corresponding court, as well as other procedural powers in accordance with federal laws, shall perform the following functions:

1) organize the work of the court and manage the organization of the work of the judicial collegiums of the relevant court;

3) convenes the presidium of the court and chairs its sessions;

4) distribute duties among his deputies, judges;

5) organize work to improve the qualifications of judges and employees of the court apparatus;

6) organize work on the study and generalization of judicial practice, the analysis of judicial statistics;

7) submit proposals to the qualification board of judges of a subject of the Russian Federation on the qualification attestation of judges of the corresponding supreme court of the republic, a regional court, a court of a federal city, a court of an autonomous region, a court of an autonomous district, chairmen, deputy chairmen and judges of district courts, justices of the peace, as well as on the suspension or termination of their powers;

8) applies, if there are grounds, to the qualification board of judges of a constituent entity of the Russian Federation with a proposal to involve judges of the corresponding supreme court of the republic, a regional court, a court of a federal city, a court of an autonomous region, a court of an autonomous district, chairmen, deputy chairmen and judges of district courts, justices of the peace to disciplinary responsibility;

9) organizes the work of the court to receive citizens and consider their proposals, applications and complaints;

10) organizes the verification of applications and complaints of citizens about the work of lower courts and judges;

11) carry out general management of the activities of the court apparatus, including appointing and dismissing employees of the court apparatus, as well as distributing duties between them, making a decision on encouraging employees of the court apparatus or bringing them to disciplinary responsibility, organizing work to improve their skills employees of the court apparatus;

12) regularly inform judges and employees of the court apparatus about its activities and about the activities of the court;

13) exercise other powers to organize the work of the court.

4. In the event of suspension or termination of the powers of the chairman of the court, his powers shall be exercised by a decision of the Chairman of the Supreme Court of the Russian Federation by one of the deputy chairmen of the court, and if the chairman of the court has no deputies, by a decision of the Chairman of the Supreme Court of the Russian Federation, by one of the judges of this court.

Article 30

1. Deputy Chairmen of the Supreme Court of a Republic, Territorial, Regional Court, Court of a Federal City, Court of an Autonomous Region, Court of an Autonomous District are appointed by the President of the Russian Federation for a period of six years on the proposal of the Chairman of the Supreme Court of the Russian Federation and subject to a positive conclusion of the Higher Qualification Collegium judges of the Russian Federation.

2. One and the same person may be appointed to the position of deputy chairman of the same supreme court of a republic, a regional court, a court of a city of federal significance, a court of an autonomous region, a court of an autonomous circuit repeatedly, but not more than two times in a row.

3. Deputy chairmen of the supreme court of a republic, a regional court, a federal city court, an autonomous region court, an autonomous district court, along with exercising the powers of judges of the respective court:

1) carry out, in accordance with the distribution of duties, the management of the work of the relevant judicial collegiums and the apparatus of the court;

2) may preside over the court sessions of the respective judicial collegiums of the court;

3) in the absence of the chairmen of the judicial chamber for civil cases and the judicial chamber for criminal cases, exercise their powers, provided for in paragraphs 3-5 of Article 31 of this Federal Constitutional Law.

4. In the absence of the chairman of the relevant court, his powers shall be exercised on behalf of the chairman of this court by one of his deputies.

Article 31

The chairmen of the Judicial Collegium for Civil Cases and the Judicial Collegium for Criminal Cases of the Supreme Court of the Republic, Territorial, Regional Court, Federal City Court, Autonomous Region Court, Autonomous Okrug Court, along with exercising the powers of judges of the respective court:

1) preside at meetings of the relevant judicial chambers or appoint chairpersons from among the members of the judicial chambers;

2) manage the work of the respective judicial collegiums;

3) form judicial panels of the court for the consideration of court cases at meetings of the relevant judicial boards;

4) submit to the presidium of the court reports on the activities of the relevant judicial collegiums;

5) have the right to request court cases from district courts for the study and generalization of judicial practice.

Chapter 4 District Court

Article 32 Establishment of a district court

1. 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.

2. A district court may also be established in a judicial district, the territory of which covers the territories of several districts having common (adjacent) boundaries or other administrative-territorial units of a constituent entity of the Russian Federation corresponding to them.

Article 33 Composition of the district court

1. The district court is formed as part of the chairman of the district court, his deputy (deputies) and judges of the district court, appointed to positions in sufficient numbers to ensure the right of citizens living in the territory of the judicial district to access to justice and determined by the Judicial Department at the Supreme Court of the Russian Federation Federation in agreement with the chairman of the supreme court of the republic, the regional court, the court of the city of federal significance, the court of the autonomous region, the court of the autonomous district within the total number of judges of all federal courts of general jurisdiction, established by the federal law on the federal budget for the next financial year and planning period .

2. In order to bring justice closer to the location or place of residence of the persons participating in the case, who are located or live in remote areas, a permanent judicial presence located outside the place of permanent residence of the court may be formed as part of a district court by federal law. The permanent judicial presence of the district court is a separate subdivision of the court and exercises its powers.

Article 34 Competence of the district court

1. 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.

2. In the cases established by federal law, the district court considers cases on administrative offenses.

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

4. The District Court considers appeals, submissions to the decisions of justices of the peace acting in the territory of the respective judicial district.

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

Article 35 Chairman, Deputy Chairman of the District Court

1. The chairman of the district court and his deputy (deputies) are appointed by the President of the Russian Federation for a period of six years on the proposal of the Chairman of the Supreme Court of the Russian Federation and in the presence of a positive conclusion of the qualification board of judges of the corresponding subject of the Russian Federation.

2. One and the same person may be appointed to the position of chairman (deputy chairman) of the same district court more than once, but not more than two times in a row.

3. The chairman of the district court, along with the exercise of the powers of a judge and other procedural powers in accordance with federal laws, performs the following functions:

1) organize the work of the court;

2) establish the rules of internal order of the court on the basis of the standard rules of internal order of courts approved by the Council of Judges of the Russian Federation and exercise control over their implementation;

3) distribute duties among his deputies, judges;

4) organize work to improve the qualifications of judges;

5) carry out general management of the activities of the court apparatus, including appointing and dismissing employees of the court apparatus, as well as distributing duties between them, making a decision on encouraging employees of the court apparatus or bringing them to disciplinary responsibility, organizing work to improve their skills employees of the court apparatus;

6) regularly inform judges and employees of the court staff about its activities and the activities of the court;

7) exercise other powers to organize the work of the court.

4. The deputy (deputy) chairmen of the district court, along with the exercise of the powers of the judge, shall exercise the authority to organize the work of the court in accordance with the distribution of duties established by the chairperson of the district court.

Article 36 Replacement of the temporarily absent chairman of a district court or judges of this court

1. In the absence of the chairman of a district court, his powers shall be exercised on behalf of the chairman of the district court by one of his deputies, and if the chairman of the district court has no deputies, on behalf of the chairman of the district court, one of the judges of this court.

2. In the event of suspension or termination of the powers of the chairman of a district court, his powers shall be exercised by a decision of the Chairman of the Supreme Court of the Russian Federation by one of the deputy chairmen of the district court, and if the chairman of the district court has no deputies, by a decision of the Chairman of the Supreme Court of the Russian Federation, by one of the judges of this court.

3. If a judge of a district court is temporarily absent and it is impossible to replace him with a judge of the same court, the chairman of the higher court shall entrust the execution of his duties to the judge of the nearest district court.

Chapter 5 Organizational support activities of courts of general jurisdiction

Article 37 Bodies providing organizational support for the activities of courts of general jurisdiction

1. Organizational support for the activities of courts of general jurisdiction means measures of personnel, financial, logistical, informational and other nature aimed at creating conditions for the full and independent administration of justice.

2. Organizational support for the activities of the Supreme Court of the Russian Federation is carried out by the apparatus of this court.

3. Organizational support for the activities of the supreme courts of the republics, territorial, regional courts, courts of cities of federal significance, courts of an autonomous region, courts of autonomous districts, district courts, military and specialized courts is carried out by the Judicial Department under the Supreme Court of the Russian Federation.

4. Organizational support for the activities of justices of the peace is carried out by the executive authorities of the relevant subject of the Russian Federation in the manner established by the law of the corresponding subject of the Russian Federation.

Article 38 Office of the Court of General Jurisdiction

1. Organizational support of the activities of the federal court of general jurisdiction in the administration of justice is carried out by the apparatus of this court.

2. The administration of the office of a federal court of general jurisdiction is carried out by the chairman of the relevant court.

3. The total number of employees of the apparatuses of federal courts of general jurisdiction (without personnel for the protection and maintenance of buildings, transport economy) is established by the federal law on the federal budget for the next financial year and planning period.

4. The structure, number of employees and staffing of the staff of the federal court of general jurisdiction (with the exception of the Supreme Court of the Russian Federation) are determined by the chairman of the relevant court in agreement with the Judicial Department at the Supreme Court of the Russian Federation within the total number of employees of the staff of the federal courts of general jurisdiction and budget allocations, provided by the federal budget for the relevant financial year and planning period.

5. The number of employees of the apparatus of the Supreme Court of the Russian Federation is established by the federal law on the federal budget for the next financial year and planning period. The structure and staffing of the apparatus of the Supreme Court of the Russian Federation are established by the Presidium of the Supreme Court of the Russian Federation.

6. Employees of the apparatus of a federal court of general jurisdiction are federal state civil servants and fill positions in the federal state civil service. Employees of the apparatus of the federal court of general jurisdiction may also fill positions that are not positions of the federal state civil service.

7. The rights and obligations of employees of the apparatus of a federal court of general jurisdiction who are federal state civil servants, and the procedure for their passage of the federal state civil service are established by federal laws and other regulatory legal acts on federal public service. They are assigned class ranks of the state civil service of the Russian Federation.

8. The rights and obligations of employees of the apparatus of the federal court of general jurisdiction, filling positions that are not positions of the federal state civil service, are established by labor legislation.

9. The activity of the magistrate is provided by his apparatus. The structure and staffing of the apparatus of the justice of the peace are established in the manner prescribed by the law of the subject of the Russian Federation. Employees of the apparatus of the justice of the peace are state civil servants of the corresponding subject of the Russian Federation.

Article 39 Functions of the Office of the Court of General Jurisdiction

1. Office of the court of general jurisdiction:

1) accepts and issues documents;

2) certify copies of court documents;

3) delivers documents, notices and calls;

4) controls the payment of duties and fees;

5) carry out organizational and preparatory actions in connection with the appointment of cases for hearing;

6) assist judges in involving jurors in the administration of justice;

7) ensure the keeping of minutes of court sessions;

8) keeps a record of the progress of cases and the timing of their passage in court;

9) provides an appeal to execution judgments;

10) carries out storage of cases and documents;

11) participates in the generalization of judicial practice data, maintains judicial statistics, information and reference work according to the legislation of the Russian Federation and other work;

12) receives citizens.

2. The regulation on the office of a federal court of general jurisdiction, with the exception of the regulation on the office of the Supreme Court of the Russian Federation, is approved by the Judicial Department at the Supreme Court of the Russian Federation.

3. The regulation on the office of the justice of the peace is approved in the manner prescribed by the law of the corresponding subject of the Russian Federation.

Chapter 6 Final provisions

Article 40 Symbols of state power in courts of general jurisdiction

1. On the buildings of federal courts of general jurisdiction, State flag of the Russian Federation, and the State Flag of the Russian Federation and the image of the State Emblem of the Russian Federation are placed in the courtrooms. The flag of the subject of the Russian Federation may also be installed on the buildings of courts of general jurisdiction, and the flag and the image of the coat of arms of the subject of the Russian Federation may be placed in the courtrooms.

2. When administering justice, judges sit in robes.

3. The State Flag of the Russian Federation and the image of the State Emblem of the Russian Federation are placed in the courtrooms of justices of the peace, and the flag and image of the coat of arms of the corresponding subject of the Russian Federation may also be placed.

4. When administering justice, the justice of the peace sits in a robe and (or) has another distinctive sign of his position, statutory the corresponding subject of the Russian Federation.

Article 41 Print and legal status federal court of general jurisdiction

1. The Federal Court of General Jurisdiction has a seal bearing its name and depicting the State Emblem of the Russian Federation.

2. The Supreme Court of the Russian Federation, the supreme courts of the republics, regional and regional courts, the courts of federal cities, the court of the autonomous region, the courts of autonomous districts are legal entities.

3. With regard to district courts, the powers of a legal entity are exercised by the Judicial Department under the Supreme Court of the Russian Federation.

Article 42 Place of permanent residence of courts of general jurisdiction

1. The permanent seat of the Supreme Court of the Russian Federation is the capital of the Russian Federation - the city of Moscow.

2. Judicial sessions of the Supreme Court of the Russian Federation are held at the place of its permanent residence. The Supreme Court of the Russian Federation may hold sessions in other places if it deems it necessary.

3. The place of permanent residence of the supreme court of a republic, a court of a territory, a regional court, a court of a city of federal significance, a court of an autonomous region, a court of an autonomous circuit shall be the administrative center of the corresponding subject of the Russian Federation.

4. The permanent residence of the courts of the federal cities of Moscow and St. Petersburg shall be the city of Moscow and the city of St. Petersburg, respectively.

5. Place of permanent seat of the court of the Moscow Region and place of permanent seat of the court Leningrad region are determined by the chairmen of these courts, taking into account the opinion of the executive authorities of the Moscow Region and the Leningrad Region, respectively.

6. The Supreme Court of the Republic, the regional court, the court of the city of federal significance, the court of the autonomous region, the court of the autonomous district may hold sessions in other settlements within their territorial jurisdiction, if they deem it necessary.

7. The place of permanent residence of a district court is a district center or other settlement determined by the chairman of the supreme court of a republic, a regional court, a federal city court, an autonomous region court, an autonomous circuit court, taking into account the opinion of the executive authorities of the corresponding subject of the Russian Federation.

8. The district court may also hold sessions in other settlements within its territorial jurisdiction, if it deems it necessary.

9. The place of permanent residence of the justice of the peace is determined by the law of the corresponding subject of the Russian Federation, taking into account the opinion of the chairman of the district court.

Article 43

1. Recognize as invalid from the date of entry into force of this Federal constitutional law:

1) section I, chapters one - four, articles 52, 53, paragraphs 1, 2, 4 - 6 of article 54, articles 55 - 57, paragraphs 1 - 4, 6 and 7 of article 58, articles 59 - 64, paragraphs 1 - 9, 11 and 12 articles 65, articles 66 and 68, section III, article 77, parts one - four, six and seven of article 78 and article 79 of the Law of the RSFSR of July 8, 1981 "On the judiciary of the RSFSR" (Vedomosti of the Supreme Council of the RSFSR, 1981, No. 28, article 976);

2) Law of the Russian Federation of May 29, 1992 N 2869-I "On Amendments and Additions to the Law of the RSFSR "On the Judicial System of the RSFSR", the Code of Criminal Procedure and Civil Procedure of the RSFSR" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation , 1992, N 27, article 1560);

3) Law of the Russian Federation of July 3, 1992 N 3200-I "On Amendments and Additions to the Code of Criminal Procedure and Civil Procedure of the RSFSR and the Law of the RSFSR "On the Judiciary of the RSFSR" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, N 30, item 1794);

4) Law of the Russian Federation of July 16, 1993 N 5451-I "On Amendments and Additions to the Law of the RSFSR "On the Judicial System of the RSFSR", the Code of Criminal Procedure of the RSFSR, the Criminal Code of the RSFSR and the Code of Administrative Offenses of the RSFSR" (Vedomosti of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, N 33, item 1313);

5) the federal law dated November 28, 1994 N 50-FZ "On Amending Articles 27, 32 and 61 of the Law of the RSFSR "On the Judiciary of the RSFSR" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1994, N 32, art. 3300);

6) Article 2 of Federal Law No. 88-FZ of July 2, 2003 "On the Creation and Abolition of District Courts of the City of Moscow and on Amendments to Article 21 of the Law of the RSFSR "On the Judicial System of the RSFSR" (Collected Legislation of the Russian Federation, 2003, No. 27, article 2702);

7) Article 2 of the Federal Law of May 7, 2009 N 83-FZ "On Amending Article 6 of the Law of the Russian Federation "On the Status of Judges in the Russian Federation" and Article 66 of the Law of the RSFSR "On the Judicial System of the RSFSR" (Collected Legislation of the Russian Federation, 2009, No. 19, item 2273).

1) Law of the RSFSR of July 8, 1981 "On the judiciary of the RSFSR" (Vedomosti of the Supreme Council of the RSFSR, 1981, No. 28, art. 976);

2) Federal Law of January 4, 1999 N 3-FZ "On Amendments and Additions to the Law of the RSFSR "On the Judicial System of the RSFSR", the Civil Procedure Code of the RSFSR and the Code of Criminal Procedure of the RSFSR" (Collected Legislation of the Russian Federation, 1999, N 1, article 5).

Article 44 Entry into force of this Federal Constitutional Law

1. This Federal Constitutional Law shall enter into force thirty days after the day of its official publication.

2. Clause 3 of Part 1 of Article 10, Article 17 and Clauses 2 and 3 of Part 3 of Article 28 of this Federal Constitutional Law regarding proceedings in courts of appeal in civil cases shall apply from January 1, 2012.

3. Clause 3 of Part 1 of Article 10, Clauses 2 and 3 of Part 3 of Article 28 of this Federal Constitutional Law regarding proceedings in courts of appeal in criminal cases shall apply from January 1, 2013.

4. From the date of entry into force of this Federal constitutional law, paragraph 5 of Article 58 (with regard to the Presidium of the Supreme Court of the Russian Federation and the judicial chambers of the Supreme Court of the Russian Federation), paragraph 10 of Article 65 (with regard to the judicial chambers and the apparatus of the Supreme Court of the Russian Federation) shall not apply , article 67 (regarding the judicial chambers of the Supreme Court of the Russian Federation) and part five of article 78 (regarding the judicial chambers of the Supreme Court of the Russian Federation and departments of the Supreme Court of the Russian Federation) of the Law of the RSFSR of July 8, 1981 "On the judicial system of the RSFSR".

5. From January 1, 2012 to January 1, 2013, the functions Board of Cassation of the Supreme Court of the Russian Federation for the consideration of criminal cases is performed by the Board of Appeal of the Supreme Court of the Russian Federation.

President of the Russian Federation D. Medvedev

Article 24

1. The Supreme Court of the Republic, the regional court, the court of the city of federal significance, the court of the autonomous region, the court of the autonomous district are federal courts of general jurisdiction, operating within the territory of the corresponding subject of the Russian Federation, and immediately higher judicial instances in relation to the district courts, acting on the territory of the corresponding subject of the Russian Federation.

2. The Supreme Court of the Republic, the regional court, the court of the city of federal significance, the court of the autonomous region, the court of the autonomous district act as part of:

1) the presidium of the court;

2) judicial board for civil cases;

3) judicial board for criminal cases.

3. In order to bring justice closer to the location or place of residence of persons participating in the case, located or residing in remote areas, by federal law as part of the supreme court of the republic, territorial, regional court, court of a city of federal significance, court of an autonomous region, court of an autonomous district a permanent court presence located outside the permanent seat of the court may be formed. The permanent judicial presence of the supreme court of the republic, the regional court, the court of the city of federal significance, the court of the autonomous region, the court of the autonomous district is a separate subdivision of the court and exercises its powers.

Article 25

Article 26

3. Presidium of the court:

1) considers cases on cassation complaints against decisions of district courts and justices of the peace that have entered into legal force, appeal rulings of the supreme court of the republic, a regional court, a court of a city of federal significance, a court of an autonomous region, a court of an autonomous district, as well as cases on new or newly revealed circumstances;

3) annually, at the suggestion of the chairman of the supreme court of the republic, a regional court, a court of a city of federal significance, a court of an autonomous region, a court of an autonomous district, for approval by the High Qualifications Board of Judges of the Russian Federation, the composition (compositions) of the judicial board (s) of judges of the Supreme Court of the Republic court of a federal city, a court of an autonomous region, a court of an autonomous district that takes (takes) a decision (s) on the issue of bringing to administrative responsibility a judge of a district court, an arbitration court of appeal, an arbitration court of first instance in the republics, territories , regions, cities of federal significance, autonomous regions, autonomous districts, as well as on other issues provided for by the law of the Russian Federation on the status of judges in the Russian Federation;

4) considers materials on the study and generalization of judicial practice and the analysis of judicial statistics;

5) hears the reports of the chairmen of the judicial collegiums on the activities of the collegiums, considers the issues of the work of the apparatus of the court;

6) exercise other powers in accordance with federal laws.

Article 27

1. Sessions of the presidium of the court are held at least twice a month.

2. A session of the presidium of the court shall be considered competent if more than half of the members of the presidium of the court are present at it.

Article 28

3. Judicial chambers of the supreme court of a republic, a regional court, a court of a city of federal significance, a court of an autonomous region, a court of an autonomous district consider:

4) cases on new or newly discovered circumstances in relation to decisions that have entered into force, adopted by the relevant judicial panel.

Article 29

1) organize the work of the court and manage the organization of the work of the judicial collegiums of the relevant court;

3) convenes the presidium of the court and chairs its sessions;

4) distribute duties among his deputies, judges;

5) organize work to improve the qualifications of judges and employees of the court apparatus;

6) organize work on the study and generalization of judicial practice, the analysis of judicial statistics;

9) organizes the work of the court to receive citizens and consider their proposals, applications and complaints;

10) organizes the verification of applications and complaints of citizens about the work of lower courts and judges;

12) regularly inform judges and employees of the court apparatus about its activities and about the activities of the court;

13) exercise other powers to organize the work of the court.

Article 30

1) carry out, in accordance with the distribution of duties, the management of the work of the relevant judicial collegiums and the apparatus of the court;

2) may preside over the court sessions of the respective judicial collegiums of the court;

4. In the absence of the chairman of the relevant court, his powers shall be exercised on behalf of the chairman of this court by one of his deputies.

Article 31

1) preside at meetings of the relevant judicial chambers or appoint chairpersons from among the members of the judicial chambers;

2) manage the work of the respective judicial collegiums;

3) form judicial panels of the court for the consideration of court cases at meetings of the relevant judicial boards;

4) submit to the presidium of the court reports on the activities of the relevant judicial collegiums;

5) have the right to request court cases from district courts for the study and generalization of judicial practice.

(Art. 26 Code of Civil Procedure of the Russian Federation with comments, the current version of the article)

The Supreme Court of the Republic, the regional court, the court of the city of federal significance, the court of the autonomous region and the court of the autonomous district consider civil cases as a court of first instance:

1) related to state secrets;

2)-8) - invalidated from 15.09.2015

9) provided for by Chapter 45 of this Code.

Federal laws may include other cases within the jurisdiction of the supreme court of a republic, a regional court, a court of a city of federal significance, a court of an autonomous region, and a court of an autonomous district.
The Moscow City Court considers, as a court of first instance, civil cases that are related to the protection of copyright and (or) related rights, except for the rights to photographic works and works obtained by methods similar to photographs in information and telecommunication networks, including the Internet, and for which he has accepted preliminary provisional measures in accordance with the article of this Code. In the case of consideration by the Moscow City Court of a case, the proceedings on which were initiated at the claim of the plaintiff after the entry into force of the decision made by the same court in favor of the same plaintiff in another case on the protection of copyright and (or) related rights in information and telecommunication networks, including on the Internet, the Moscow City Court also resolves the issue of permanently restricting access to a website on the Internet that repeatedly and unlawfully posted information containing objects of copyright and (or) related rights, or information necessary for their receipt using information and telecommunication networks, including the Internet.

Commentary on Article 26 of the Code of Civil Procedure of the Russian Federation in the current wording

Article 26 of the Code of Civil Procedure of the Russian Federation in the current edition determines the generic jurisdiction of civil cases to the courts of the constituent entities of the Russian Federation. The supreme courts of the republics, territorial and regional courts, courts of cities of federal significance, courts of autonomous regions and courts of autonomous districts are the highest authority for district courts in the territory of the corresponding subject of the Russian Federation. To date, there are 85 such courts, according to the number of subjects. In addition to reviewing decisions of lower courts on complaints, these courts hear civil cases at first instance.

First of all, the jurisdiction of the courts of the subjects includes civil cases related to state secrets. It does not matter the category of this case (civil, housing, labor) or the price of the claim. The only criterion for referring such cases to the jurisdiction of the relevant courts is the assignment of the issues under consideration that affect state secrets. This also includes cases of contesting actions related to the classification of information constituting a state secret.

The jurisdiction of the supreme courts of the republics, territorial, regional courts, courts of cities of federal significance, courts of autonomous regions and courts of autonomous districts also includes cases of challenging the normative legal acts of state authorities of the constituent entities of the Russian Federation. Such acts include acts issued by the executive authorities of a constituent entity of the Russian Federation (administration, ministry, governor, etc.) that are generally binding. It should be noted that non-normative acts subjects of the Russian Federation are disputed in district courts ().

The third category of cases includes cases related to the suspension or liquidation of political parties, public organizations and religious associations operating in the corresponding subject of the Russian Federation. For organizations or parties operating on the territory of several subjects, jurisdiction will change to the Supreme Court of the Russian Federation (). For the district level, the jurisdiction of a civil case falls within the competence of the district (city) courts.

The next category of cases referred to the jurisdiction of the courts of the supreme courts of the republics, territorial, regional courts, courts of cities of federal significance, courts of autonomous regions and voting rights at the level of election commissions of subjects of the Russian Federation. This also includes the actions of district commissions, including the territories of several municipalities.

The jurisdiction of the courts listed in the commented article also includes issues of compensation for violation of the right to trial in reasonable time or performance rights judicial act within a reasonable time, in cases within the jurisdiction of justices of the peace and district courts.

Article 26 of the Code of Civil Procedure of the Russian Federation in the current wording contains an open list of cases referred by law to the jurisdiction of the supreme courts of the republics, territorial, regional courts, courts of federal cities, courts of autonomous regions and courts of autonomous districts. Examples of cases covered by other laws include:

cases on the recognition of the strike as illegal (Article 43 Labor Code RF);
cases on setting the date for the election of deputies of representative bodies of local self-government (Article 3 of Federal Law No. 138-FZ of November 26, 1996);
according to the applications of citizens of the Russian Federation permanently residing outside its territory, foreign citizens, stateless persons about the adoption (adoption) of a child who is a citizen of the Russian Federation (part 2 of article of the Code of Civil Procedure).

Additional commentary to Art. 26 Code of Civil Procedure of the Russian Federation

In Art. 26 of the Code of Civil Procedure of the Russian Federation contains rules that determine the generic jurisdiction of federal courts of general jurisdiction operating on the territory of the constituent entities of the Russian Federation: republics within it, territories, regions, cities of Moscow and St. Petersburg, the Jewish Autonomous Region and autonomous regions.

The list of cases indicated in it is non-exhaustive. Federal laws may include other cases under the jurisdiction of these courts.

Art. 26 of the Code of Civil Procedure of the Russian Federation refers to the jurisdiction of the courts indicated in it cases related to state secrets (clause 1, part 1).

The nature of such cases and, as a result, their generic jurisdiction are determined on the basis of the Law of the Russian Federation "On state secret” of July 21, 1993 and Decree of the President of the Russian Federation of November 30, 1995 N 1203 “On the list of information classified as state secrets”.

When determining the jurisdiction of cases related to state secrets, it must be borne in mind that such cases, as indicated in the commentary to Art. Code of Civil Procedure, jurisdiction and district (naval) military courts; information constituting a state secret may also be contained in cases within the jurisdiction of the Supreme Court of the Russian Federation (Article CPC).

The competition rules of tribal jurisdiction for such cases are as follows:

the supreme court of the republic, the regional court, the court of the city of federal significance, the court of the autonomous region, the autonomous district have jurisdiction over all cases related to state secrets, considered in accordance with the procedure civil litigation, with the exception of cases within the jurisdiction of military courts and the Supreme Court of the Russian Federation;
the district (naval) military court has jurisdiction over cases related to state secrets, from among the cases referred to the jurisdiction of military courts, with the exception of cases within the jurisdiction of the Supreme Court of the Russian Federation;
The Supreme Court of the Russian Federation has jurisdiction over any case related to state secrets, if it falls under the list of cases referred to its jurisdiction.

Based on Art. 46 of the Constitution of the Russian Federation and part 4 of Art. 15 of the Law of the Russian Federation "On State Secrets", the validity of classifying information as a state secret can be appealed to the court. Therefore, a person participating in a case in which there are documents recognized as secret may challenge the acceptance of the case for proceedings by the court specified in Art. 26 Code of Civil Procedure of the Russian Federation, if he considers that this information is unreasonably classified as a state secret and as a result its constitutional law(Part 1, Article 47 of the Constitution of the Russian Federation) for consideration of this case in district court to which it is subject by law.

This is possible in a separate process in order to appeal against the decision of the relevant official who classified the information available in the civil case. Until the complaint is resolved, the proceedings this case should be suspended (see comments to Art. Code of Civil Procedure).

The need to challenge in a separate process of classifying certain information as state secrets arises in cases where this is associated with the establishment of facts relevant to resolving this issue (for example, with the study of evidence of the relevance of classified information to information about certain types ammunition, which are classified as state secrets by virtue of paragraph 1 of Art. 5 of the Law of the Russian Federation "On State Secrets").

If the decision to classify certain information as a state secret is connected only with the solution of questions of law and does not require a separate study of evidence in order to establish certain facts, then this question solved in the same production.

The courts indicated in the commented article 26 of the Code of Civil Procedure of the Russian Federation consider at first instance other cases referred to their jurisdiction by federal laws, for example:

on the recognition of the strike as illegal (Article 413 of the Labor Code);
on the adoption of a child by citizens of the Russian Federation permanently residing outside the territory of the Russian Federation, foreign citizens and stateless persons (Art. Code of Civil Procedure).

The possibility of arbitrarily changing the jurisdiction of cases to the courts specified in Art. 26 Code of Civil Procedure of the Russian Federation, federal laws seem undesirable. It would be correct to define it exhaustively in the Federal Constitutional Law "On Courts of General Jurisdiction in the Russian Federation".

Judicial practice under Art. 26 Code of Civil Procedure

Definition of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation N 53-KG18-15

Circumstances: Determination of the proceedings on reclamation real estate from someone else's illegal possession was terminated due to the lack of jurisdiction of the dispute to a court of general jurisdiction.

Decision: The ruling was canceled, the case was sent for a new trial, since the court, referring to the fact that the property acquired by the plaintiff does not belong to that which is usually used for personal, family, household and other similar needs, did not take into account that, in contrast to the provisions Law of the Russian Federation of 07.02.1992 N 2300-1, which defines the criteria for consumer relations, the norms of the Code of Civil Procedure of the Russian Federation and the Arbitration Procedure Code of the Russian Federation do not contain such criteria for delimiting the competence of courts of general jurisdiction and arbitration courts.

Based on Article 28 of the Arbitration procedural code Arbitration courts of the Russian Federation consider, in the order of action proceedings, arising from civil relations economic disputes and other cases related to the implementation of entrepreneurial and other economic activity legal entities and individual entrepreneurs, and in cases stipulated by the named code and other federal laws, by other organizations and citizens, with the exception of cases considered by the Moscow City Court in accordance with part three of Article 26 of the Civil Procedure Code of the Russian Federation.

Determination of the Judicial Collegium for Administrative Cases of the Supreme Court of the Russian Federation N 70-KG18-3

Requirement: About recognition illegal decision authorized body on the definition cadastral value land plot in an amount equal to market value.

Circumstances: The local government indicates that the market value of the disputed property differs from the cadastral value by more than 30 percent, but a positive expert opinion was not submitted to the report.

Decision: The case was remanded for a new trial, since the court did not take into account that the rule applied by it, which provides for the need to confirm the reliability of the market value with a positive expert opinion if the cadastral value differs from the market value by more than 30 percent, does not comply with Art. 24.18 of the Law on Valuation Activities.

According to the clarifications set out in paragraph 4 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 30, 2015 N 28 “On some issues that arise when the courts consider cases of challenging the results of determining the cadastral value of real estate objects”, taking into account the fact that the purpose of applying to the commission is a revision of the cadastral value, the decision, action (inaction) of the commission can be challenged in compliance with the rules of jurisdiction established by clause 8 of part 1 of Article 26 of the Civil Procedure Code of the Russian Federation, clause 15 of Article 20 of the CAS RF, in the manner and within the time limits provided for, respectively, by Chapter 25 of the Code of Civil Procedure RF, Chapter 22 of the CAS RF.

/. The place 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 district in the system of courts

Territorial (regional) and equal courts, within their competence, consider cases as a court of first instance and as a court of second instance - in relation to district courts operating on the territory of the corresponding subject of the Federation.

According to Art. 20 of the Law on the Judicial System, the powers, the procedure for the formation and operation of regional (regional) and equal courts are established by federal constitutional law.

In accordance with the Constitution of the Russian Federation, the Law on the Judiciary and other federal laws currently in force, in the republics, territories, regions, districts, Moscow and St. jurisdictions with equal powers. Therefore, further they are called for brevity "territorial (regional) and equal courts." The place of these courts in the system of courts of general jurisdiction is determined primarily federal structure Russia. As follows from Art. 65 of the Constitution of the Russian Federation, the Russian Federation includes 89 subjects: 21 republics, 6 territories, 49 regions, one autonomous region, 10 national districts, as well as Moscow and St. Petersburg - cities of federal significance. Each subject of the Federation has, respectively, the supreme court of the republic, the regional court, the regional court, the district court, the city court

Territorial (regional) and equal courts, in accordance with the procedure established by law, consider cases on cassation complaints and submissions against decisions, sentences, rulings and resolutions of district courts that have not entered into force. It follows from this that regional and equal courts, being higher courts in relation to district courts, supervise their activities. They solve the same problem by considering cases on supervisory complaints and submissions against decisions, sentences, rulings and resolutions that have entered into force. Along with this, regional and equal courts consider, in the cases and in the manner prescribed by law, civil, criminal and some other cases as a court of first instance. Decisions, sentences, rulings and resolutions of regional and equal courts, both those that have not entered into force and those that have entered into legal force, may be reviewed by the Supreme Court of the Russian Federation in the manner prescribed by law.

Thus, the regional (regional) and equal courts, while carrying out the tasks assigned to the courts of general jurisdiction in the administration of justice, are courts located in the judicial hierarchy between the district courts and the Supreme Court of the Russian Federation. Therefore, they are quite justifiably sometimes referred to as middle-level courts of the judicial system of general jurisdiction.

2. The composition and structure of the regional (regional) and equal court.

The regional (regional) and equal courts consist of judges, consultants and other employees. Their number depends on the amount of work, which,

Section II. Judicial system Russian Federation

Chapter 6 federal courts general jurisdiction

in turn, it is determined by the population and size of the territory of the subject of the Federation, the workload of district courts, etc. In accordance with Art. 13 of the Law on the Judicial System, art. 30 and 42 of the Law on the Judiciary and the Law on the Status of Judges, regional and equal courts operate in the composition of: the chairman of the court, his deputies, chairmen of judicial collegiums and judges.

Territorial (regional) and equal courts administer justice: as a court of first instance, considering court cases with the issuance of decisions, sentences, rulings and resolutions; as a court of second instance, considering cases on cassation complaints and submissions against decisions, sentences, rulings and decisions of district courts that have not entered into force; as a court of supervisory authority, considering supervisory complaints and submissions against decisions, sentences, rulings and resolutions that have entered into force.

Considering civil and criminal cases at the first instance, the regional (regional) and equal courts shall act as members of a judge (chairman, deputy or judge of the relevant court), who presides over court session, and two people's assessors or two professional judges. In cases where a criminal case at first instance is considered with the participation of jurors, there must be twelve main (complete) and two reserve jurors. The jury is formed by a professional judge presiding over the court session (Article 440 of the Code of Criminal Procedure)."

As a court of second instance, a regional (regional) court and a court equal to it shall act in the composition of three professional judges.

To consider civil and criminal cases in regional (regional) and equal courts, collegiums for civil and criminal cases are formed. The composition of these boards is approved by the presidium of the court. They are headed by deputy chairmen of the court. Judicial collegiums for civil and criminal cases are accordingly formed judicial collegiums to consider specific civil and criminal cases both in the first instance and to consider cases in cassation 2 .

"From November 1993, the Stavropol Regional Court, Ivanovo, Moscow, Ryazan and Saratov Regional Courts began to consider criminal cases at first instance with the participation of a jury, from January 1994 - Lltai, Krasnodar Regional Courts. Rostov and Ulyanovsk Regional Courts. At present, there are reasons to believe that from January 1, 2003, jury trials will be formed everywhere (see Article 7 of the Federal Law of November 22, 2001 (December 18, 2001) No. 177-FZ, as amended by the Federal Law of April 26, 2002 (May 29, 2002) No. 59-FZ - SZ RF 2002. No. 22. Art. 2028.? current legislation the term "judicial board" is used in two meanings: 1) as an organizational unit,

The supervisory authority in the regional and equal courts is the presidium of the respective court. The presidium consists of the chairman, his deputies and judges of the court, its composition is approved by the President of the Russian Federation on the proposal of the Chairman of the Supreme Court of the Russian Federation.

3. Competence of regional (regional) and equal courts.

The competence (powers) of regional (regional) and equal courts, with a generalized description of it, is determined by the fact that their jurisdiction includes the consideration of: civil and criminal cases at first instance; cases on cassation complaints and submissions against decisions, sentences, rulings and resolutions of district courts that have not entered into force; cases on supervisory complaints and submissions against decisions, sentences, rulings and resolutions of district courts and justices of the peace that have entered into legal force, as well as on the conclusions of the prosecutor in connection with new and newly discovered circumstances.

The Judicial Collegium for Civil and the Judicial Collegium for Criminal Cases of a regional (regional) court or an equivalent court shall consider in the first instance, respectively, civil and criminal cases within their jurisdiction. In addition, each of the named judicial boards has the right to withdraw any civil case (if there is a petition or consent of the parties) or a criminal case (if there is a petition of the accused) from the district court located on the territory of the republic, territory, region, national district, city, respectively. , and take it to its proceedings as a court of first instance. As practice shows, the Collegium for Civil Cases at first instance more often than others considers cases of reinstatement, eviction from premises, and recovery of Money from debtors, etc.

In addition, the Judicial Collegium for Civil Cases of the Territorial (Regional) and Equal Court also considers some other cases, for example, complaints against decisions of district election commissions on the registration of candidates or on refusal to register candidates for elections to the State Duma 1 .

The Judicial Collegium for Criminal Cases of regional (regional) and equal courts has jurisdiction over the following cases: murder; about kidnapping; about rape; on trafficking in minors; on terrorism and aggravated hostage-taking; on the organization of illegal armed

Dinyayuschie judges of regional and equal courts, considering civil or criminal cases and 2) as a composition of judges considering a specific civil or criminal case.

See Art. 42 of the aforementioned Federal Law "On Elections State Duma of the Russian Federation” and Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 21, 1993 No. 10 “On consideration of complaints against misconduct violating the rights and freedoms of citizens” as amended on October 25, 1996 (Collection of resolutions of the Plenums on civil cases. Spark. C 282-288).

female formation; about banditry; about the organization of a criminal community, about the hijacking of an aircraft, about riots with aggravating circumstances, about piracy; on bringing vehicles and means of communication into disrepair under aggravating circumstances; on violations of safety rules during the construction, operation or repair of main pipelines under aggravating circumstances; about sabotage; receiving a bribe; on a number of crimes against justice; on crimes against peace and security, and some others.

Before their entry into force, cassation complaints and presentations, respectively, may be brought against decisions, sentences, rulings and resolutions of judicial chambers of regional (regional) and equal courts of the Supreme Court of the Russian Federation. Upon entry into legal force, they can be appealed in the order of supervision, respectively, to the Judicial Collegiums for civil and criminal cases, as well as to the Presidium of the Supreme Court of the Russian Federation, if they entered into force after their consideration in cassation

Judicial boards for civil and criminal cases of regional (regional) and equal courts consider cases on cassation complaints and submissions against decisions, sentences, rulings and resolutions of district courts that have not entered into force. After considering the case on a cassation appeal or presentation, the judicial boards issue cassation rulings on leaving the decision, sentence, ruling or resolution unchanged, which means their entry into legal force, or on their cancellation or amendment. The cassation ruling may be appealed in the supervisory procedure.

The Judicial Collegium for Civil Cases considers civil cases on new and newly discovered circumstances, when the decision was made by a regional (regional) or equal court in the first instance and was not changed by the Supreme Court of the Russian Federation, as well as civil cases considered by district courts, the decisions of which were changed in

Chapter 6 Federal Courts of General Jurisdiction

1 See for more details part 3 of article 31 of the Criminal Procedure Code of the Russian Federation, which states

“The Supreme Court of the Republic, the regional or regional court, the court of the city of federal significance, the court of the autonomous region and the court of the autonomous district have jurisdiction

1) criminal cases on crimes, provided for in Articles 105 part two, 126 part three. 131 third part, 152 third part, 205, 206 second and third parts, 208 first part, 209-211, 212 first part, 227, 263 third part. 267 third, 269 third, 275-279, 281, 290 third and fourth, 294-302, 303 second and third, 304, 305, 317, 321 third, 322 second, 353-358, 359 first and second and 360 of the Criminal Code of the Russian Federation,

2) criminal cases referred to these courts in accordance with Articles 34 and 35 of the Code of Criminal Procedure This refers to criminal cases referred by jurisdiction and transferred when territorial jurisdiction changes.

cassation procedure. The basis for reviewing such decisions and rulings on newly discovered circumstances may be the statement of the persons participating in the case or the prosecutor (Article 331 "-334 of the Code of Civil Procedure).

The competence of the judicial boards of the regional (regional) and equal courts includes the study and generalization of judicial practice and the analysis of judicial statistics, the exercise of other powers granted to them by law.

The presidium of the regional (regional) and equivalent court is the supervisory authority. It is entrusted with the consideration of cases on supervisory complaints and submissions against decisions, sentences and resolutions of district courts that have entered into legal force, as well as cassation rulings of this court.

The session of the presidium of the court is considered competent if more than half of the members of the presidium and, in any case, at least three judges are present. At a meeting of the presidium, cases are considered based on the report of a member of the presidium or a judge of the relevant court. The prosecutor of the republic, territory, region, autonomous district, Moscow and St. Petersburg, respectively, participates in it. The resolution is adopted by a simple majority of votes of the members of the presidium participating in the meeting.

On the decisions of the presidium of the regional (regional) and equal courts may be brought supervisory complaints and submissions to judicial chambers, respectively, in civil or criminal cases of the Supreme Court of the Russian Federation.

The presidium of a regional (regional) and equivalent court considers criminal cases on new and newly discovered circumstances based on the conclusion of the prosecutor in cases where the case has already been considered in the judicial collegium for criminal cases of this court in the cassation procedure or in the supervisory procedure. The presidium of the regional (regional) and equal court considers civil cases on new and newly discovered circumstances in cases where the case has already been considered in the presidium this court and the decision was changed. In this case, the consideration takes place on the basis of the conclusion of the prosecutor or on the complaint of the interested party.

The Presidium of the regional (regional) and equal courts, in addition to considering, within its powers, the above categories of cases in the order of supervision and on new and newly discovered circumstances, has the following powers: civil and criminal cases; considers materials for the study and generalization of judicial practice and analysis of judicial statistics; hears the reports of the chairmen of the judicial collegiums on the activities of the collegiums; considers issues related to the work of the court apparatus; assists district courts in the application of legislation; exercises other powers granted to it by the legislation.

Section II Judicial system of the Russian Federation

Considering the competence of the middle-level courts of the system of federal courts of general jurisdiction, it must be emphasized that the Supreme Court of the republic within the Russian Federation, in accordance with the constitutions of the republics and Art. 40 of the Law on the Judiciary of the RSFSR is the highest judicial body of the republic and oversees judicial activity district courts of the republic. Within its powers, as already mentioned, the Supreme Court of the Republic ensures a uniform understanding and application of legislation by the courts, strengthening the rule of law, and protecting the rights and freedoms of citizens. In addition, the Supreme Court of the Republic has the right of legislative initiative in representative body of the republic, may make proposals on the adoption of new laws, on the amendment or repeal of existing laws within the powers determined by the Constitution of the Russian Federation and the constitution of the republic.

4. Chairman of the regional (regional) and equal court. Organization of the work of the court.

The chairman of the regional and equal courts has a wide range of powers to participate in the administration of justice and organizational leadership court. The chairman of a regional (regional) and equal court: presides over court sessions or appoints his deputy, the chairman of a collegium or a judge of the corresponding court for this; appoints meetings of the presidium of the court and presides over its meetings; distributes duties among the deputy chairmen of the court; organizes work on the study and generalization of judicial practice and the analysis of judicial statistics; makes submissions to government bodies, officials, as well as to public associations and private organizations to eliminate violations of the law, the causes and conditions that contributed to the commission of offenses; conducts personal reception of citizens and representatives of organizations; supervises the work on consideration of complaints received by the court; organizes work to improve the skills of judges and employees of the court apparatus.

In addition, the chairman of the court performs a number of other functions of an organizational nature: he is in charge of the personnel of consultants, secretaries and other employees of the court apparatus; approves the work plans of the court and controls their execution; submits to the regional administration documents on the people's and jurors required for the work of the court; controls the work on the execution of court decisions and the timeliness of applying for the execution of court sentences, the preparation of reports on the work of the court, its financial activity and etc.

In the absence of the chairman of the court, his rights and obligations are exercised by the first deputy (if any) or the deputy chairman by appointment of the chairman.

In regional (regional) and equal courts there are at least two deputy chairmen of the court. Deputy chairmen of the court head the respective

Chapter 6. Federal courts of general jurisdiction

are responsible judicial collegiums for civil and criminal cases and are chairmen of these collegiums, perform other work on behalf of the chairman of the court. As chairmen of judicial collegiums, they organize their work: they preside over court sessions or entrust this to a judge; form judicial boards to consider specific civil and criminal cases; appoint the time and place of consideration of the most complex civil and criminal cases; submit reports on the activities of the collegiums to the presidium of the court; have the right to demand court cases from district courts for the study and generalization of judicial practice; carry out management of the judicial board and, in accordance with the distribution of duties, manage the work of the court apparatus; conduct personal reception of citizens.

Judicial collegiums for civil and criminal cases in some regional (regional) and equal courts, in order to better organize judicial work, are divided into panels of four or five judges. The distribution of judges by composition is approved at a meeting of the presidium of the court. The chairman of the court appoints the chairman of the panel, who presides over court sessions and ensures preparation for the consideration of cases in cassation. Judges considering cases in cassation are assigned to certain district courts by zones. This allows them to deal not with all the courts of the region from time to time, but with certain courts, to delve deeper into the resolution of those issues that arise there. With such a distribution of duties, the judges of the regional and equal courts are better aware of the state of affairs in this district court on the basis of the cassation cases they have considered, personal meetings and conversations with judges.

5. Apparatus of the regional (regional) and equal court.

The apparatus of the regional (regional) and equal courts ensures the work of the court and is subordinate to the chairman of the respective court. The employees of the apparatus are civil servants, they are assigned class ranks and special ranks.

The apparatus of a regional (regional) and equal court consists of a number of subdivisions (a group of consultants, an office, a secretariat, an archive, an expedition, etc.), which are called upon to facilitate the administration of justice, create conditions for this, carry out, on behalf of judges, preparatory actions before the trial of civil and criminal cases.

Consultants are individuals who legal education and experience in court, prosecution or other law enforcement agencies.

The secretaries of the court session keep the minutes of the court session in the court of first instance. They are obliged to fully and objectively set out in the minutes all the actions and decisions of the court, as well as the actions of the participants in the process during the consideration of the case. At the end of the court session, the secretary draws up

Title II, Judicial System of the Russian Federation

file (files and numbers the sheets) and after signing the protocol by the judge presiding over the case, submits the case to the office.

In addition, the secretary of the court session carries out work on preparing the case for consideration in the court session; issues cases to the lawyer for review; issues subpoenas to witnesses, experts, translators, plaintiffs, defendants, notifies the prosecutor of the day and hour of the case, prepares and hangs out lists of cases to be considered for information.

The secretary of the judiciary provides preparation for the consideration of civil and criminal cases received by the regional (regional) and equal courts with cassation complaints and presentations. If necessary, he notifies interested persons of the day of consideration of the case, accepts and registers, with the permission of the chairman of the composition (judicial board), complaints or presentations received directly by the court of second instance; issues the case to the lawyer for familiarization, hangs out for information the lists of cases to be considered in the court of second instance. At the end of the consideration, the secretary of the judicial composition draws up the case for sending it to the archive according to its affiliation.

The secretary of the presidium of the court ensures the preparation of civil and criminal cases for consideration at the session of the presidium: informs the prosecutor about the day of the session and the agenda of the session of the presidium; calls, at the direction of the chairman of the court, the persons admitted to participate in the consideration of the case. The secretary keeps the minutes of the meeting of the presidium. In some regional and equal courts, the secretary of the presidium is entrusted with the registration of complaints and cases received by way of supervision, as well as the conduct of supervisory proceedings.

The inspectors perform reference work on complaints and cases, fill out cards, and perform other office work.

Secretaries and inspectors are subordinate to the head of the secretariat (office), who directly supervises their work and controls it. The head of the secretariat organizes the reception of visitors by the chairman of the court, reports mail to him, calls people's assessors and jurors, issues copies of decisions, sentences, rulings and resolutions to interested persons with the permission of the chairman of the court or his deputy, and performs other work of an organizational and technical nature.

The distribution of duties in the apparatus of regional (regional) and equal courts largely depends on the amount of work, but its employees ultimately perform the same functions in terms of content. All courts have a secretariat or office (or both), a complaints department, an archive, an expedition, as well as auxiliary technical services.

3. The Moscow City Court considers, as a court of first instance, civil cases that are related to the protection of copyright and (or) related rights, except for the rights to photographic works and works obtained by methods similar to photography in information and telecommunication networks, including network "Internet", and for which they have taken preliminary interim measures in accordance with Article 144.1 of this Code. In the case of consideration by the Moscow City Court of a case, the proceedings on which were initiated at the claim of the plaintiff after the entry into force of the decision made by the same court in favor of the same plaintiff in another case on the protection of copyright and (or) related rights in information and telecommunication networks, including on the Internet, the Moscow City Court also resolves the issue of permanently restricting access to a site on the Internet that repeatedly and unlawfully posted information containing objects of copyright and (or) related rights, or information necessary for their receipt using information and telecommunication networks, including the Internet.

Judicial practice and legislation - Code of Civil Procedure of the Russian Federation. Article 26

When making a decision on a case challenging a normative legal act in accordance with article 195 of the APC of the Russian Federation, court of Arbitration must take into account legal positions of the Constitutional Court of the Russian Federation, expressed in Resolutions of July 18, 2003 N 13-P on the case of checking the constitutionality of the provisions of Articles 115 and the Code of Civil Procedure of the RSFSR, Articles 26, and the Code of Civil Procedure of the Russian Federation, Articles 1, and the Federal Law "On the Prosecutor's Office of the Russian Federation" and dated January 27, 2004 N 1-P in the case of checking the constitutionality of certain provisions of articles 27, and the Code of Civil Procedure of the Russian Federation.