District (city [k 1] ) court - in the Russian Federation, a judicial authority that is part of the system of courts of general jurisdiction, hierarchically located below the regional court, but above the judicial sections of magistrates.
Formed in districts , districts in cities (for large cities) and cities (with the exception of cities of federal significance , the courts of which are the courts of the constituent entities of the Russian Federation, and not district (city) courts throughout Russia.
An approximate analogue of the Russian district court in the countries of Anglo-Saxon law is the District court, and in the German-speaking countries - Bezirksgericht.
Content
Competency
The district court is the court of first instance for most civil, criminal and administrative cases. The decisions ( sentences ) of a district court that have not entered into force and which were passed by him at the first instance, can be appealed on appeal (entered into cassation ) in a court of general jurisdiction at the level of a subject of the Russian Federation.
The district court is the court of appeal in respect of justices of the peace .
Business Principles
The activities of district courts in the administration of justice are carried out on the principles common to all judicial bodies of the Russian Federation, namely:
- unity of the judiciary;
- independence of courts and independence of judges;
- binding judgments ;
- the equality of all before the law and the court ;
- publicity in the activities of the courts;
- irremovability and inviolability of judges.
The powers of judges of district courts when administering justice are specified in the Code of Civil Procedure of the Russian Federation , Code of Criminal Procedure , Administrative Code of the Russian Federation , and other normative acts .
The order of creation and abolition
District courts are created and abolished only through the adoption of relevant federal laws .
Composition
The district court consists of federal judges appointed by decrees of the President of the Russian Federation in the manner prescribed by law.
Each district court has a chairman and deputy chairman, appointed by the President of the Russian Federation for a period of 6 years. One and the same person may be appointed by the chairman (deputy chairman) of the same court more than once, but no more than two times in a row.
The chairman of the district court:
- organizes the work of the court;
- establishes the rules of the internal court order on the basis of the model rules of the internal court order approved by the Council of Judges of the Russian Federation and exercises control over their implementation;
- distributes duties between his deputies, judges;
- organizes work on improving the qualifications of judges;
- carries out general management of the activity of the court apparatus, including appoints and dismisses the employees of the court apparatus, and also distributes duties among them, makes a decision to reward employees of the court apparatus or to bring them to disciplinary responsibility, organizes work to improve the skills of the staff of the apparatus court;
- regularly informs judges and court staff about their activities and the activities of the court;
- exercises other powers to organize the work of the court;
- exercises other powers granted to him by law.
If the district court consists of one federal judge, he simultaneously exercises the powers of the chairman of this court.
District Court Apparatus
The apparatus of the district court provides the activity of judges in the administration of justice and consists of:
- court administrator reporting directly to the chairman and not included in the court staff;
- assistants to the president of the court, assistants to the deputy chairman and assistant judges;
- heads of departments (general department, departments for the provision of legal proceedings in civil and criminal cases);
- specialists and consultants;
- court clerks;
- technical staff for the maintenance of courthouses.
See also
- The judicial system of the Russian Federation
- Court
- Court of first instance
- Justices of the peace
Comments
- ↑ Not to be confused with the Moscow, St. Petersburg and Sevastopol city courts, which are vessels of the level of the subject of the Russian Federation
Notes
Literature
- Radchenko V. I. Comment on the Federal Constitutional Law “On the Judicial System of the Russian Federation”. - 2nd ed. - M .: Norma, 2003. - ISBN 5-89123-745-8 .
- Zavidov B. D. Commentary on the Law “On the Judicial System of the RSFSR”. - M .: Justicinform, 2003 .-- ISBN 5-7205-0497-4 .
- Galakhova A.V. Criminal law in the practice of a district court. Scientific and practical manual. - M .: Norma, 2007 .-- ISBN 978-5-468-00011-3 .
- Federal Constitutional Law of February 7, 2011 No. 1-FKZ “On Courts of General Jurisdiction in the Russian Federation”
Sources
- Federal Constitutional Law of December 31, 1996 No. 1-FKZ “On the Judicial System of the Russian Federation” (with subsequent amendments)
- Law of the RSFSR of July 08, 1981 No. 976 "On the Judicial System of the RSFSR" (as amended)
- Order of the Judicial Department at the Supreme Court of the Russian Federation dated April 23, 2007 No. 54 “On approval of instructions for organizational and regular work in federal courts of general jurisdiction and the judicial department system at the Supreme Court of the Russian Federation”