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Why create the cassation and appeal courts in the system of courts of General jurisdiction

Legal aid 04.10.2017 at 17:53

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In July 2017. The Supreme court announced in the Decision of Plenum of the Supreme of the Russian Federation No. 28 of 13.07.2017 G. "On introducing to the State Duma of the Federal Assembly of the Russian Federation of the draft Federal constitutional law "On amending Federal constitutional laws in connection with the establishment of appeal courts of General jurisdiction and appellate courts of General jurisdiction" reform of courts of General jurisdiction. The reform is not subject to all courts of General jurisdiction and the only court of cassation courts of General jurisdiction.

Project FKZ "On amending the Federal constitutional laws in connection with the establishment of appeal courts of General jurisdiction and appellate courts of General jurisdiction" is planned to establish 5 courts of appeal and courts of cassation 9. Named courts will be included in the system of courts of General jurisdiction.

currently the sentence or other final court decision rendered in first instance, the appeal is to the Judicial Board of the Supreme court. If the regional court makes an interim decision on the criminal case in the first instance, the complaint on the said intermediate solution is supplied to the judicial Board on criminal cases of the same regional court. If the regional court made a decision in first instance in a civil case or administrative case, a private complaint is filed in the appellate court of the same regional court. If the resolution on attraction to administrative responsibility handed down by a magistrate, the appeal against the decision of an administrative offense is submitted to the district court. Against the decision of the magistrate and the district court's decision is submitted to the Chairman of the regional court. However, the complaint may be considered by the Deputy Chairman of the regional court. If the decision on business about the administrative offence made by the district court (judge district court), the appeal of this ruling is served to the regional court. While complaint resolution is handled by a judge of the regional court. Further, the complaint against the decision on administrative offense and the decision of the judge of regional court shall be submitted to the Chairman of the regional court. However, the complaint may be considered by the Deputy Chairman of the regional court. If the decision of the judges and decisions of district courts in cases of administrative violations entered into force after the appeal to the Chairman of the regional court, the complaint is submitted to the Chairman of the Supreme court.

Thus, the currently established procedure of appeal against certain judicial acts on civil, criminal, administrative cases, when complaints about judicial acts are treated in the same court, which rendered the judicial act. For example, complaints against the interim decision of the regional court of first instance in criminal matters are handled in the same regional court. Also, for example, the decision on the appeal against the decision of the district court, considered by the judges of the regional court. The decision of the same judge of the regional court is being appealed to the Chairman of the regional court. Despite the fact that complaints of judicial acts considering different judges, anyway there is a utility and institutional dependence of judges in the same court. Exactly for this reason, Project FKZ "On amending the Federal constitutional laws in connection with the establishment of appeal courts of General jurisdiction and appellate courts of General jurisdiction" are the courts of appeal and courts of cassation in the system of courts of General jurisdiction.

In connection with the adoption of the Federal constitutional law "On amending Federal constitutional laws in connection with the establishment of appeal courts of General jurisdiction and appellate courts of General jurisdiction" there will be changes in the Federal constitutional law "About judicial system of the Russian Federation" Federal constitutional law "On courts of General jurisdiction in the Russian Federation", Federal constitutional law "On military courts of the Russian Federation" and the Federal constitutional law "On the Supreme Court of the Russian Federation". The above mentioned FCL and define the powers, order of formation and activities of cassation courts of General jurisdiction and appellate courts of General jurisdiction.

On the Draft constitutional law will be "allocated" from the independent regional courts of appeal courts and cassation courts. While the courts of cassation and courts of appeal will not be associated geographically with the regional and equal to them courts. The establishment of appeal courts and courts of appeal will allow to optimize the load on the judges, as well as to improve the device of courts of General jurisdiction. The establishment of courts of appeal and cassation courts will be justified by analogy with the system of arbitration courts.