Civil procedural law. Concept and type of jurisdiction (the most important)

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Civil procedural law. Concept and type of jurisdiction (the most important)

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19. CONCEPT AND TYPE OF COUNCILITY

Jurisdiction - a civil law institution, the norms of which regulate the delimitation of competence between specific courts of the judicial system.

Thus, the rules of jurisdiction determine the competence of specific courts of general jurisdiction to consider and resolve civil cases at first instance.

When accepting a statement of claim (statement) and determining that a civil case is under the jurisdiction of the courts of general jurisdiction, the judge must decide which of the courts of the judicial system has jurisdiction over it.

There are the following types of jurisdiction.

1. Generic (subject) jurisdiction - determines the competence of the courts of various parts of the judicial system (different levels) as courts of first instance. All civil cases under the jurisdiction of the courts of general jurisdiction are distributed among the courts of various levels (levels) of the judicial system of the Russian Federation. Some civil cases are referred by law to the jurisdiction of magistrates' courts, others to district (city), etc. The criterion for referring specific civil cases to the jurisdiction of courts of one level or another is the nature (type) of the case, the subject and subject composition of the dispute.

2. Territorial jurisdiction - determines the spatial competence of single-level courts of the judicial system. After it has been clarified which court of which link (level) of the judicial system has jurisdiction over a particular civil case, it is necessary to determine which of the homogeneous courts has jurisdiction over the territory, i.e., to determine the spatial competence of the same-level courts, or the territorial jurisdiction of a particular case.

In turn, territorial jurisdiction divided by:

1) alternative, or jurisdiction at the choice of the plaintiff - is provided for a number of categories of civil cases, the resolution of which by law is within the competence of two or more courts of the same level. The law gives the plaintiff the right to choose between several courts that have jurisdiction over a particular case;

2) exceptional - the essence lies in the fact that for certain categories of cases, the law precisely determines which court is competent to resolve them;

3) negotiable - the parties, by agreement between themselves, can change the territorial jurisdiction for a particular case. It is inadmissible to change the jurisdiction of the court of the subject of the Federation, the Supreme Court of the Russian Federation, as well as the rules of exclusive jurisdiction.

An agreement of the parties to change the territorial jurisdiction for a specific case is possible before the court accepts it for proceedings.

The agreement of the parties on jurisdiction must be expressed in writing. This may be an independent document, which expresses the will of the parties regarding the choice of a court to resolve their civil case. The agreement on jurisdiction may also be included as a separate clause in the substantive agreement (contract) concluded between the parties.

3. Jurisdiction by connection of cases - it is used in the case when several independent claims are combined into one proceeding for joint consideration and resolution.

Author: Gatin A.M.

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