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Company / Laws

Powers of the appellate court of General jurisdiction

Legal aid 08.10.2017 at 06:07

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On the website: "Legal aid" mentioned large-scale reform of procedural legislation of the Russian Federation, which proposes that the Supreme court of the Russian Federation. In the Draft Federal law it is planned to introduce amendments to the civil procedural and arbitration procedural legislation of the Russian Federation. The proposed Draft Federal law is planned to cancel the contract jurisdiction in the CCP, APC, and proposes to introduce mandatory higher legal education for representatives of civil cases. In addition, the Draft Federal law, judges will be released from the obligation to make a reasoned decision on the majority of civil cases. At the meeting of the Plenum of the Supreme court of the Russian Federation also planned 03.10.2017 g. to consider the Draft Federal law "On amendments to parts one and two of the Tax code of the Russian Federation", but later changes were made to the agenda.

the Supreme court has also prepared another global reform of 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", the planned establishment of courts of appeal of General jurisdiction.

For the Project FKZ will create 5 of the appeals courts of General jurisdiction. The court of appeal of General jurisdiction – a court that hears cases as a court of appeal complaints, representations on did not come into force judicial acts of the regional and equal to them courts, adopted by them as a court of first instance and cases on the new or again opened circumstances and exercise other powers in accordance with Federal laws.

the court of Appeal of General jurisdiction consists of:

of the Presidium of the court; judicial Board on civil cases; judicial chamber on administrative cases; judicial colleagues on criminal cases; judicial Board on Affairs of military personnel.

the Presidium of the court of appeal will comprise of the Chairman, his deputies and the judges of the court of appeal. The composition of the Presidium of the court of appeal shall be approved by the Plenum of the Supreme court of the Russian Federation on representation of the Chairman of the respective court. The judicial Board of the court of appeal consists of judges of the respective court, and judicial colleagues is headed by the Chairman of the Board.

the Chairman of the appeal court of General jurisdiction shall be appointed by the President of the Russian Federation for a period of 6 years by the Chairman of the armed forces and in the presence of the positive conclusion of the Vienna Convention, the Russian Federation. The Chairman of the appeal court of General jurisdiction, carries out the following functions:

organizes the work of the court and directs the organization of work of judicial boards of the respective court; establishes the internal Rules of the court on the basis approved by the Board of judges of the Russian Federation of standard internal regulations of the courts and supervises their implementation; convene the Presidium of the court and presides at its meetings; distributes duties between his deputies, judges; organizes the work on training of judges and court personnel; organizes the study and generalization of judicial practice, analyses judicial statistics; contributes to the High qualification Board of judges of the Russian Federation proposals on the qualification certification of judges of the respective appellate court of General jurisdiction, as well as the suspension or termination of their powers; organises the court's work on reception of citizens and consideration of their proposals, applications and complaints; provides General supervision of court staff, including the President appoints and dismisses employees of the court, and distributes duties among them, decides on the promotion of court personnel or of bringing them to disciplinary responsibility, organizes work to improve the skills of court personnel; regularly informs judges and court personnel about its activities and the activities of the court; performs other powers on organization of work of the court.

For the Project FKZ determined that the judicial Board of appellate court of General jurisdiction examine:

case on appeal, submissions not entered into legal force of the decision of the Supreme court of Republic, regional, regional court, court of a city of Federal value, court of Autonomous region, court of Autonomous region, district (naval) military court, adopted by them as a court of first instance; private complaints, representations to have not entered into legal force the decision of the Supreme court of Republic, regional, regional court, city court of Federal significance, court of Autonomous region, court of Autonomous region, district (naval) military court civil and administrative cases, cases on appeals, submissions on the interim decision of the Supreme court of Republic, regional or regional court, court of a city of Federal value, court of Autonomous region, court of Autonomous region, district (naval) military court on criminal cases; the case on appeal, views on the decision of the Moscow city court on civil cases connected with protection of copyright and (or) related rights, in addition to the rights in photographic works and works obtained by processes similar to photography, in information-telecommunication networks, including network "Internet", and which they have taken provisional measures in accordance with article 1441 of GPK of the Russian Federation; the case of new or newly discovered circumstances in respect of the entered into force court decisions, taken of the relevant judicial Board of appellate court of General jurisdiction.

According to section 53.3 of article 5 of the code of criminal procedure of intermediate court decision and rulings of the court, with the exception of the final judicial decision. Thus, the appellate court of General jurisdiction has the right to consider appeals against determinations made by the regional court of first instance during the proceedings in the criminal court.

So, according to item 9 of part 1 of article 26 of the CPC of the Russian Federation, the Head 45 of the code of civil procedure of the Russian Federation, the regional court considers cases on the recognition and enforcement of foreign judgments. For example, when considering regional court of the application for recognition and enforcement of a foreign judgment for alimony was made a decision in the course of the proceedings, the specific Project FKZ may be appealed by filing a private complaint to the judicial Board on civil cases of the court of appeal.