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Company / Laws

Is brewing the global reform of courts of General jurisdiction

Legal aid 13.10.2017 at 14:12

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On our site: "Legal assistance" has been talked about a global reform of courts of General jurisdiction, nominated by the Supreme court of the Russian Federation. So, in particular, they discussed the subject of the powers of the court of appeal of General jurisdiction, the powers of the Presidium of the court of appeal of General jurisdiction. It was also considered a list of the appeals courts of General jurisdiction and the actual address of accommodation vessels. In connection with the adoption 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" there will be changes to the civil procedure code of the Russian Federation, UPK the Russian Federation, the RF cap. The amendments to the procedural legislation of the Russian Federation, will change the powers of the regional court of General jurisdiction and powers of the Presidium of the regional court of General jurisdiction. Why it took such a global reform of courts of General jurisdiction? A system of revision of court decisions by regional courts at first instance or in subsequent instances, involves the consideration of complaints in the same regional court. The project FKZ will change is not entirely objective system of review of judicial acts.

for example, when judicial acts are reviewed in the same court, but by the different judges.

According to part 1 of article 12.24 of the code of administrative offences the violation of traffic Rules or rules of operation of the vehicle, the entailed causing of a little harm to health of the victim shall entail the imposition of an administrative fine in the amount of two thousand five hundred to five thousand roubles or deprivation of the right of management by vehicles for the term from one year till one and a half years.

According to part 1 of article 23.1 of the Cao RF, cases on administrative offences, provided for by article 12.24 of the code of administrative offences, considered by judges in cases if body or the official, which received the case on an administrative offence, transfers it to a judge. Part 3 of the above-mentioned articles of the Code of the AP is provided that judges of district courts to hear cases of administrative offences specified in parts 1 and 2 of article 23.1 of the administrative code and the production of which is in the form of administrative investigation, in other cases, cases on administrative offenses are tried by justices of the peace.

Thus, if an administrative investigation was conducted by an official of the traffic police, the matter should be referred to the district court. The district court judge considering an administrative case substantially.

According to the paragraph 1 part 1 article 30.1 of the administrative code of the Russian Federation the decision on business about the administrative offence made by the judge can be appealed to a higher court. If the district court judge issued a ruling on bringing to administrative responsibility according to part 1 of article 12.24 of the administrative code, the complaint against the resolution submitted to the regional court. The complaint is reviewed by one of the judges of the regional court. After the judge of the regional court shall rule on the appeal against the decision of the district court, the district court's ruling comes into force. The decision of the judges of the regional court shall enter into legal force immediately.

According to part 2 of article 30.13 Cao RF of an enforceable judgment in the case of an administrative offence, decisions by results of consideration of complaints, protests have power to review the Chairpersons of the Supreme courts of republics, territorial, regional courts, courts of cities of Moscow and St.-Petersburg, courts of Autonomous region and Autonomous regions or their deputies, the Chairman of the Supreme Court of the Russian Federation, his deputies or on behalf of the President of the Supreme Court of the Russian Federation or his deputies judge of the Supreme Court of the Russian Federation.

According to part 3, article 30.13 Cao RF, the Supreme Court of the Russian Federation shall consider complaints, protests against entered into legal force the decision of the judge in the case of an administrative offence, decisions by results of consideration of complaints, protests on the specified resolution. The specified decision and decision are considered by the Supreme Court of the Russian Federation in case they were reviewed by their respective chairmen of the Supreme courts of republics, territorial, regional courts, courts of cities of Moscow and St.-Petersburg, courts of Autonomous region and Autonomous regions or their deputies.

the Complaint against the decision of the judge of the district court, the decision of the judges of the regional court in the administrative case is submitted to the Chairman of the regional court. After the complaint is reviewed by the Chairman of the regional court, against the judge's ruling and subsequent decision is submitted to the Chairman of the Supreme court. Thus, the Chairman of the regional court shall review a judicial act rendered by the judge of the same regional court. Corporate dependency judge and President of the same court, affects the objectivity of the judicial review act. Change of the system of cassation and revision in courts of General jurisdiction, to increase the objectivity of judicial decisions.