Constitutional law of the Russian Federation. Judicial power in the Russian Federation and its constitutional and legal foundations (the most important)

Lecture notes, cheat sheets
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Constitutional law of the Russian Federation. Judicial power in the Russian Federation and its constitutional and legal foundations (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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66. JUDICIAL POWER IN THE RUSSIAN FEDERATION AND ITS CONSTITUTIONAL AND LEGAL FRAMEWORK

The general characteristics of the judicial system of the Russian Federation are determined by the Constitution of the Russian Federation and the Federal Law "On the judicial system of the Russian Federation".

The federal courts are Constitutional Court of the Russian Federation (CC RF); courts of general jurisdiction headed by Supreme Court of the Russian Federation (SC RF) (consider disputes involving individuals in criminal, civil and administrative proceedings); arbitral tribunals headed Supreme Arbitration Court of the Russian Federation (SAC RF) (consider economic disputes involving legal entities in civil proceedings). The Supreme Court of the Russian Federation includes the Plenum (general meeting of judges of the Supreme Court of the Russian Federation), the Presidium, the Judicial Collegia for Criminal and Civil Cases, the Military Collegium, the Judicial Collegium for Criminal Cases, the Judicial Collegium for Civil Cases, the Cassation Collegium, and the Cassation Chamber. Judges of the Supreme Court of the Russian Federation are appointed by the Federation Council on the proposal of the President of the Russian Federation, agreed with the Higher Qualifications Board of Judges of the Russian Federation and the Chairman of the Supreme Court of the Russian Federation. Also, the system of federal courts of general jurisdiction includes the supreme courts of the republics, regional courts, regional courts, city courts of federal cities, courts of autonomous districts, the court of an autonomous region (courts of the level of a constituent entity of the Russian Federation) and district (and equivalent) courts. As part of the courts at the level of a constituent entity of the Russian Federation, judicial chambers for criminal and civil cases are formed. Federal judges of these courts are appointed by decree of the President of the Russian Federation, agreed with the qualification board of judges of the corresponding subject of the Russian Federation.

The system of courts of general jurisdiction also includes military courts - district and naval military courts (similar to courts at the level of a constituent entity of the Russian Federation) and garrison military courts (equivalent to district courts). The material and technical support of courts of general jurisdiction (except for the Supreme Court of the Russian Federation) is carried out by the Judicial Department under the Supreme Court of the Russian Federation and its territorial bodies.

The Supreme Arbitration Court of the Russian Federation includes a Plenum and a Presidium. Judges of the Supreme Arbitration Court of the Russian Federation are appointed by the Federation Council on the proposal of the President of the Russian Federation, agreed with the Higher Qualifications Board of Judges of the Russian Federation and the Chairman of the Supreme Arbitration Court of the Russian Federation. Also, the system of arbitration courts includes federal arbitration courts of districts and arbitration courts at the level of subjects of the Russian Federation, federal arbitration judges of these arbitration courts are appointed by decree of the President of the Russian Federation, the material and technical support of these arbitration courts is carried out by the Supreme Arbitration Court of the Russian Federation. Currently, federal arbitration courts of appeal are being formed.

In accordance with the laws of the constituent entities of the Russian Federation, courts of the constituent entities of the Russian Federation may be established - justices of the peace (included in the system of courts of general jurisdiction) and constitutional (charter) courts of the constituent entities of the Russian Federation.

The competence of the constitutional (charter) court of a constituent entity of the Russian Federation is determined by the constitution (charter) of the constituent entity of the Russian Federation, the laws of the constituent entity of the Russian Federation. Usually, the constitutional (charter) courts of the subjects of the Russian Federation are engaged in checking the compliance of laws and other acts of the subjects of the Russian Federation with the constitution (charter) of the subject of the Russian Federation, the official interpretation of the constitution (charter) of the subject of the Russian Federation. The constitutional (charter) court of a constituent entity of the Russian Federation is financed from the budget of the constituent entity of the Russian Federation.

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