State and municipal administration. Judicial bodies of the Russian Federation: formation procedure, composition and competence (the most important)

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State and municipal administration. Judicial bodies of the Russian Federation: formation procedure, composition and competence (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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24. Judicial bodies of the Russian Federation: formation procedure, composition and competence

The Russian judiciary as a whole is one and indivisible, however, it is conditionally possible to subdivide justice into three branches:

1) constitutional justice;

2) general justice;

3) arbitration justice.

The Constitutional Court of the Russian Federation resolves cases on compliance with the Constitution of the Russian Federation:

1) federal laws and regulatory legal acts of the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation;

2) the constitutions of the republics, charters, laws of the constituent entities of the Russian Federation;

3) agreements between state authorities of the Russian Federation and state authorities of the subjects of the Russian Federation, agreements between the subjects of the Russian Federation;

4) international treaties of the Russian Federation that have not entered into force.

The Constitutional Court of the Russian Federation resolves disputes about the competence of:

1) between federal government bodies;

2) between state authorities of the Russian Federation and state authorities of subjects of the Russian Federation;

3) between the highest state bodies of the constituent entities of the Russian Federation.

The Constitutional Court of the Russian Federation decides exclusively questions of law.

Supreme Court of the Russian Federation is the highest judicial body in civil, criminal, administrative and other cases, within the jurisdiction of courts of general jurisdiction.

The competence of the Supreme Court of the Russian Federation includes the consideration of cases as a court of first instance, in the cassation procedure, in the order of supervision and on newly discovered circumstances.

The Supreme Arbitration Court of the Russian Federation is the highest judicial body for resolving economic disputes and other cases considered by arbitration courts, it exercises judicial supervision over their activities in the procedural forms provided for by federal law and provides clarifications on issues of judicial practice.

The carrier of judicial power in the Russian Federation is primarily judges.

The requirements for a candidate for the position of a judge are as follows:

1) citizenship of the Russian Federation;

2) age limit (not younger than 25 years);

3) higher legal education;

4) work experience in the legal profession for at least 5 years;

5) absence of medical contraindications. Judges of the Constitutional Court of the Russian Federation, the Supreme Court

of the Russian Federation and the Supreme Arbitration Court of the Russian Federation are appointed by the Federation Council on the proposal of the President of the Russian Federation, judges of other federal courts - by the President of the Russian Federation, judges of constitutional (charter) courts - by the legislative bodies of the constituent entities of the Russian Federation, justices of the peace are appointed (elected) to the position in accordance with regional legislation, taking into account requirements of the Federal Law "On Justices of the Peace in the Russian Federation".

Author: Konstantin Sibikeev

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