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Company / Laws

Change the powers of the Presidium of the regional court

Legal aid 13.10.2017 at 06:12

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On our site: "Legal assistance" was also touched upon major reforms of the courts of General jurisdiction, which is 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." Project FKZ significant changes to the procedural legislation of the Russian Federation:

the code of Criminal procedure of the Russian Federation (CCP RF); the Civil procedural code of the Russian Federation (CCP RF); the Code of administrative procedure of the Russian Federation (the APC). Code of the Russian Federation about administrative offences.

Also, changes will be made in the law of the Russian Federation "On status of judges in the Russian Federation", in addition, changes will be made to Federal laws "About bodies of judicial community in the Russian Federation", "On additional guarantees of social protection of judges and workers of devices of courts of the Russian Federation" "About Judicial Department at the Supreme Court of the Russian Federation".

As has already been discussed, from the jurisdiction of the regional court and court equal to it, you will see the powers of the court of appeal in respect of judicial acts which are taken by the regional court of first instance. In connection with the amendments to the civil procedure code of the Russian Federation, the Presidium of the regional court will be deprived of procedural authority for the review of judicial acts by way of cassation.

So, in terms of the powers of regional and equal to them courts are excluded procedural powers relating to the consideration of the case under cassation complaints entered into force:

decisions of district courts; magistrates; appeals determination of the regional court; cases due to new or newly discovered circumstances.

the Functions of the Presidium of the regional General jurisdiction with the adoption of the Draft constitutional law would be limited to making decisions on organizational matters within the respective court. Thus, businesses that were informed of cassation considered the Presidium of the regional court, are transferred to the exclusive competence of the appeal courts of General jurisdiction. Cassation courts of General jurisdiction will be United by the court of cassation, both in terms of judicial decisions by justices of the peace, in respect of judicial acts rendered by the district courts and garrison military courts. The adoption of the Draft Federal constitutional law to change the established procedural system for the review of judicial acts adopted in first instance regional courts.