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Company / Laws

The powers of the regional court of General jurisdiction

Legal aid 12.10.2017 at 06:15

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On our site: "Legal assistance" we have already spoken of the global reform of courts of General jurisdiction that proposed by the Supreme court of the Russian Federation. Reform presented in 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." The main point of the reform of courts of General jurisdiction is that "Select" the powers of the regional and equal to them courts the powers of the court of appeal in respect of judicial acts taken by the regional court of first instance. The project FKZ in the case of adoption will provide the subsystem of courts of General jurisdiction is needed, the structure of the courts, the independence and autonomy of their functioning.

In connection with the amendments to the current legislation of the Russian Federation, judicial Board of regional and equal to them courts will have the following powers:

as the court of first instance cases referred by the Federal law to jurisdiction of the Supreme court of Republic, regional, regional court, court of a city of Federal value, court of Autonomous region, court of Autonomous district; as a court of appeal cases on complaints, representations to court decisions of district courts, adopted by them as a court of first instance and have not entered into legal force; case due to new or newly discovered circumstances in respect of enforceable decisions taken by the appropriate judicial Board.

Thus, the regional court will continue to consider appeals against judicial acts (not yet in force) adopted by the district court in the first instance. Thus it is necessary to consider that the judicial acts adopted by a magistrate in the first instance will not be reviewed by the Presidium of the regional court. The appeal against entered into legal force judicial acts adopted by a magistrate, served in the court of cassation. The court of cassation is the cassation court of General jurisdiction (judicial Board on civil cases or judicial Board for criminal cases).

it is also Necessary to consider that the Project FKZ of magistrates in the judicial collegiums of the Supreme court of the Russian Federation will be possible to appeal only if the result of the appeal of these court decisions in cassation to the cassation court of General jurisdiction, they will be issued only if substantial violations of substantive law or procedural law which influenced the outcome of the case and without which elimination is impossible the restoration and protection of violated rights, freedoms and legitimate interests, and the protection of legitimate public interests.

currently, according to article 377 of the code of civil procedure of the Russian Federation of judicial acts entered into legal force, adopted by the world judge can be appealed by filing a cassation appeal to the Presidium of the regional court. If during the investigation of the appeal to the Presidium of the regional court, the judge issued a ruling on refusal to transfer a cassation appeal to the Presidium, then further appeal is not possible (with few exceptions). A misconception by many concerning the procedure for appealing against judicial acts of the magistrate on appeal to the Judicial Board on civil cases of the Supreme court of the Russian Federation. If during the investigation of the appeal to the Presidium of the regional court, the judge made a decision on refusal to transfer a cassation appeal to the Presidium, they cannot submit the appeal to Judicial Board on civil cases of the Supreme court of the Russian Federation. The appeal can be submitted to Judicial Board on civil cases of the Supreme court in an appeal against a judicial act of the magistrate in that case, if the case has been considered (essentially) the Presidium of the regional court. The appeal to the Judicial Board on civil cases of the Supreme court of Russia is possible if the decision on refusal to transfer a cassation appeal to the Presidium only if you appeal the judgment of the district (city) court. This Rule for filing cassation complaints against judicial acts of justices of the peace acting now and will act in the new edition of the code of civil procedure of the Russian Federation. Only the appeal to be made to the court of cassation – the judicial Board on civil cases of the cassation court of General jurisdiction.

If during the investigation of the appeal against judicial acts of the magistrate to the Presidium of the regional court, the judge made a decision on refusal to transfer a cassation appeal to the Presidium, then only an application (complaint) about cancellation of definition of Chairman of the Supreme court of the Russian Federation.

According to section 3 of article 381 of the code of civil procedure of the Russian Federation the Chairman of the Supreme Court of the Russian Federation, his Deputy is entitled to disagree with the judge of the Supreme Court of the Russian Federation about refusal in transfer of the appeal, representation for consideration in judicial session of court of cassation instance and to make a determination about its cancellation and transfer of the appeal, representation with business for consideration in judicial session of court of cassation instance. Despite the fact that section 3 of article 381 of the RF CPC does not expressly provide for the possibility of submitting an application to set aside the determination of judge of the regional court about the refusal to transfer a cassation appeal to the judicial act of the magistrate, but such a right follows from the meaning of GPK of the Russian Federation.