Leoben Land Court

The Land Court of Leoben is a regional court and considers criminal and civil cases from seven currently existing district courts of Styria , which are in the territorial jurisdiction of this court ( Brookk an der Mur , Leoben , Liezen , Murau , Mürtsuclag , Schladming and Judenburg ) ^[3] . It also considers civil legal relations (with rare exceptions) with dispute amounts of more than 15,000 euros. In addition, the Leoben Regional Court considers appeals against decisions of the Styrian district courts in the territorial jurisdiction of this court, and also considers cases under Austrian labor and social law in this part of the Styrian federal state, regardless of the amount of the dispute. Maintaining a register of all the companies established in Styria , which are in the territorial jurisdiction of this court, is also the prerogative of the Leoben Land Court . ^[four]

The territorial jurisdiction of the Leoben Land Court covers the entire northwestern part of the Styrian federal state and extends to its five political districts: Brookk-Mürtsushlag , Leoben , Liezen , Murau and Murtal . The superior court for him is the Higher Regional Court of Graz .

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The Leoben Land Court is currently housed in a building on Dr. Hans Groß-Strasse, 7.

The Leoben Land Court is located on 5 floors on the left side of the building on Dr. Hans-Groß-Straße 7 ( German: Dr. Hanns-Groß-Straße 7 ), which also houses the prosecutor's office and the district court of Leoben . Access to the court through the main entrance. The premises of the upper floors of the Leoben Land Court are served from 2 floors by a green elevator. In general, all premises of the Leoben Land Court are marked on green bulletin boards.

• Basement: entrance control, entrance to the land and district courts, service center of the land and district courts, accounting of the land and district courts, equipment (system) for video conferencing, cafeteria, copy center, courtrooms "A" and "B", departments to resolve disputes of social and labor law, premises for technical personnel, a toilet for the disabled.
• 1st floor: courtrooms "C" - "G", toilet for the disabled.
• 2nd floor: courtrooms "J" - "N", the judiciary (magistrate) of the commercial department, a toilet for the disabled.
• 3rd floor: departments for criminal cases and appeals for criminal cases, bankruptcy, registration of commercial companies.
• 4th floor: departments for civil affairs, for maintaining the register of companies, for social and labor law; registration department, office premises to address issues of labor and social law.
• 5th floor: President of the land court, deputy chairman of the land court, administrator, bureau of the land court, department of appeal (appeal) of civil justice, internal auditor, office library, training room (gym), toilet for the disabled. ^[five]

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Prehistory

The revolution of 1848 significantly influenced the Austrian jurisdiction of that time, forming the prerequisites that are valid to this day. The judicial system, created in those days, has not substantially changed until our time. Four levels of courts of the following types were created: district courts, land courts, higher regional (appeal) courts, and the Supreme Court . These four types of courts were differentiated by the size of the claim or the gravity of the crime, up to the appeal of their decisions in higher courts. The Supreme Court , as the last resort, was already in Vienna and during the time of the empire and its functions from 1918 until today (with the exception of the period of National Socialism) remained practically unchanged.

The next level, below the Supreme Court , is formed by the higher courts. In 1855 there were nineteen of them in the whole empire , and today there are only four of them left in Austria , namely in Vienna , Graz , Innsbruck and Linz . They operate mainly as courts of appeal . This is followed by the so-called first instance courts. This collective term became necessary, because, in addition to district courts, there were also land courts, as well as other special district courts: commercial, juvenile and on social and labor law. Of all these courts that have existed since the time of the monarchy , naturally, a significant number already do not exist. Within present-day Austria, there were initially seventeen, and now twenty after the Vienna Youth Court was dissolved in 2003. ^[6]

Hierarchy

In the jurisdiction of the Graz Supreme Land Court, the Graz Land Civil Court , the Graz Land Criminal Court , the Klagenfurt Regional Court and the Leoben Regional Court . The lowest level of jurisdiction , ultimately, is formed in district courts . In Styria (within modern borders) there were initially 45 district courts, of which 22 belonged to the sphere of activity (jurisdiction) of the Leoben Land Court . ^[7] This number of vessels remained for a rather long time, until it was reduced to seven. The district courts, which fall under the jurisdiction of the Leoben Land Court , are currently located in Schladming , Litsen , Murau , Judenburg , Mürzucschlag , Brook an der Mur and Leoben . ^[3] Over the past 160 years, in addition to judicial mergers and modifications to their sizes, the jurisdiction of district courts has also changed due to differentiation of the limits of the value of the claim, renaming, which was natural. Again and again on the basis of proposals or ideas for real support and changes in the content of this organization of the judicial system. For example, it was about the reorganization of the tribunals of first instance with the extension of this program to the district courts. These courts had to be strengthened in order to abandon the courts of appeal. But this reform was blocked. The whole Austrian judicial system therefore, since the mid-19th century, has largely settled down and has remained virtually unchanged in the vertical of power and is still in use.

Court formation

After creating the legal basis for the new judicial organization, it was necessary to begin its implementation. The questions were raised: “who”, “where” and “with whom”. The choice of the land court in Chrys Brookk fell on Leoben. This issue was resolved by Kaiser Resolution No. 339, published on July 25, 1849 ^[7] , as well as by the personal council of Upper Styria ( German Obersteiermark ). Since December 28, 1849, Dr. Heinrich (Heinrich) Perissutti ( German: Dr. Heinrich Perissutti ) was appointed Chairman of the Leoben Land Court . Having sworn allegiance on February 18, 1850 in Graz, he began his activities on April 4, 1850. He moved to Leoben (there is evidence that he stayed in Lower Square at No. 121 [ German: Unteren Platz, Haus Nummer 121 ]). Currently it is Timmerdorfergasse, 2 ( German: heute Timmersdorfergasse 2 ). The issue of the location of the court in Leoben has been successfully resolved within a fairly short time. A building was chosen in a former Dominican monastery ( German: Grundbuch 60327 Leoben Einlagezahl 103 ), which was owned by the city of Leoben and was presented to the eternal use of the judicial system for its own purposes by agreement of August 11, 1853. The building needed to be adapted for a new task, and this took some more time, namely, until the beginning of the summer of 1856.

The introduction of the Leoben Land Court into the Styrian justice organization in the early years was almost imperceptible. Firstly, the courts of appeal of Graz and Klagenfurt were merged with the headquarters in Graz (making a decision in 1852 and its implementation in 1854) and, secondly, the case came to the “demotion” of the Leoben Land Court to the level of “district court ”(January 19, 1853) ^[8] .

First Republic and Anschluss

The First World War , the collapse of the monarchy, the First Republic and the corporate state brought to the organization of the Upper Styrian judicial system only a significant drop and numerous changes. The regional courts of Aflenz , Mautern, and Obdach were merged with neighboring courts (Federal Law Gazette 187/1923; 276/1923) ^{[9] [10]} . With the seizure of power by the Nazis in 1938, for 7 years it rejected the country's independent judiciary:

• justice should only be “On behalf of the German people”, they say, and apparently had probably also partly a different status than before;
• in terms of terminology, all courts have been transformed into local (district) courts (Journal of Laws for Austria 350/1938) ^[11] .

Subsequently, the territorial jurisdiction of the Leoben Land Court decreased by seven years. The Ausseerland District Court ( German: "Ausseerland" ) ^[12] was separated from Styria from October 15, 1938 and transferred to the administration of Gau Oberdonau (“Upper Danube”) in the territorial jurisdiction of the Wels Land Court .

Second republic

Even before the end of World War II, § 1 ( 1 ) of the Constitutional Law of May 1, 1945 No. 6 ^[13] , all laws, regulations and all individual provisions of legislation adopted after March 13, 1938, which are incompatible with the existence of a free and independent state, were repealed Austria or contrary to the principles of genuine democracy and out of a sense of justice contradict the Austrian people, or containing typical ideas of Nazism. By Act No. 47 of July 3, 1945, the District Court of Aussee ( German: Bad Aussee ) was again returned to Styrian jurisdiction of the Leoben Land Court (State Gazette 47/1945) ^[14] . There were other changes. Perhaps the most significant since 1946 was Federal Law of March 22, 1985 No. 104 on Labor and Social Jurisdiction, which from January 1, 1987 replaced the former commercial courts, including the Social Security Arbitration and the Reconciliation Bureau, to resolve disputes on these matters to ordinary courts (Federal Law Gazette 104/1985). ^[15] .

As mentioned above, the terminology for the Leoben Land Court has often changed. At the beginning of 1849, among others, the “Land Court” of Leoben ( German: “Landesgericht” Leoben ) was created. By a decree of January 19, 1853 ( German Reichsgesetzblatt 10/1853 ) ^[8] his rank was reduced to the level of a "district court" ( German "Kreisgericht" ), by the Nazis decree of August 2, 1938 No. 350 turned it into a local (district ) ( German: "Landgericht" ) court from August 13, 1938 (Herald of the laws for the country of Austria 350/1938) ^[11] . By Law of July 3, 1945 No. 47 (State Gazette 47/1945) ^[14] he again became a “district court” ( German: “Kreisgericht” ) until Federal Law of February 11, 1993 No. 91 clarified the situation, and he regains his original designation “land court” on March 1, 1993 (Federal Law Gazette 91/1993) ^[16] . For all this, throughout the entire period, the court fulfilled its functional duties and assigned tasks, although it had three different names for these five periods. ^[17]

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• Instructions for the Russian transfer of German geographical names . - M .: GUGK, 1974.
• Decisions of the Government of Austria and the federal states digitalisierte historische österreichische Rechts- und Gesetzestexte (German)
• Literature about Austria GenWiki (German)

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• German-Russian translator , Google
• Leoben Land Court on the website of the Austrian Ministry of Justice (German)
• Coordinates of the Leoben Land Court:

• List of judicial districts of Styria
• List of courts and judicial districts of Austria
• Landesgericht Leoben (German)
• Liste österreichischer Gerichte (German)
• Liste der Gerichtsbezirke in Steiermark (German)

• License : Namensnennung 3.0 Österreich (CC BY 3.0 AT) (German)

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