Overview of the Judicial System of the Russian Federation

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The Supreme Court of the Russian Federation heads the system of courts of general jurisdiction and the system of commercial courts. As a top judicial instance, the Supreme Court is the only court, competent to consider cases as a court of first, appellate, cassational or supervisory instance. The Supreme Court of the Russian Federation exercises control over the activities of lower courts, gives them clarifications on issues of judicial practice in order to guarantee a uniform application of legislation.

District courts are the basic element of the system of courts of general jurisdiction. These courts handle most civil, criminal and administrative cases.

Some cases are handled in first instance by courts of the constituent entities of the Russian Federation. Moreover, such courts function as an appellate instance vis-à-vis the district courts.

Depending on the category of a case, the presidium of a court of a constituent entity of the Russian Federation or a corresponding judicial chamber of the Supreme Court of the Russian Federation, acts as a court of cassation.

Overview of the Judicial System of the Russian Federation

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There are specialized military courts within the system of courts of general jurisdiction: at the level of garrisons and at the level of military circuits (fleets).

Commercial courts administer justice in the sphere of entrepreneurial and other economic activities. The system of commercial courts is composed of three elements: commercial courts of the constituent entities of the Russian Federation (first instance), appellate commercial courts (appellate instance) and commercial courts of circuits (cassational instance).

There is a specialized court – the Intellectual Property Rights Court – within the system of commercial courts.

Justices of the peace consider property disputes with an amount of claims under 50 000 RUB, criminal cases, in which the maximum possible punishment does not exceed 3 years of imprisonment and other cases of similar complexity. Appeals against the decisions of justices of the peace are considered by district courts.

The British Government: A Brief Overview

The Law

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Although Britain is a unitary state, England and Wales, Scotland and Northern Ireland all have their own legal systems, with considerable differences in law, organization and practice. However, a large amount of modern legislation applies throughout Britain. The law is divided into criminal law and civil law; the latter regulates the conduct of people in ordinary relations with one another. The distinction between the two branches of the law is reflected in the procedures used, the courts in which cases may be heard and the sanctions which may be applied.

The legal system of England and Wales comprises both an historic body of conventions known as common law and equity and parliamentary and European Community legislation; the last of these applies throughout Britain. Common law, which is based on custom and interpreted in court cases by judges, has never been precisely defined or codified. It forms the basis of the law except when superseded by legislation. Equity law consists of a body of historic rules and principles which are applied by the courts. The English legal system is therefore distinct from many of those of Western Europe, which have codes derived from Roman law.

European Community law, deriving from Britain's membership of the European Union, is confined mainly to economic and social matters; in certain circumstances it takes precedence over domestic law. It is normally applied by the domestic courts, but the most authoritative rulings are given by the European Court.

The Judiciary

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The Lord Chancellor is head of the judiciary in England and Wales. His responsibilities include court procedure and, through the Court Service, the administration of the higher courts and many tribunals in England and Wales. He recommends all judicial appointments to the Crown - other than the highest, which are recommended by the Prime Minister - and appoints magistrates. Judges are normally appointed from practising lawyers. They are not subject to ministerial direction or control.

Criminal Courts: Summary or less serious offences, which make up the vast majority of criminal cases, are tried in England and Wales by unpaid lay magistrates - justices of the peace (IPs), although in areas with a heavy workload there are a number of full-time, stipendiary magistrates. More serious offences are tried by the Crown Court, presided over by a judge sitting with a jury of citizens randomly picked from the local electoral register. The Crown Court sits at about 90 centres and is presided over by High Court judges, full-time 'circuit judges' and part-time recorders.

Appeals from the magistrates' courts go before the Crown Court or the High Court. Appeals from the Crown Court are made to the Court of Appeal (Criminal Division). The House of Lords is the final appeal court in all cases.

Civil Courts

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Magistrates' courts have limited civil jurisdiction. The Y70 county courts have a wider jurisdiction; cases are normally tried by judges sitting alone. The 80 or so judges in the High Court cover civil cases and some criminal cases, and also deal with the appeals. The High Court sits at the Royal Courts of Justice in London or at 26 district registries. Appeals from the High Court are heard in the Court of Appeal (Civil Division), and may go on to the House of Lords, the final court of appeal.

The Home Secretary

The Home Secretary has overall responsibility fbr the criminal justice system in England and Wales and for advising the Queen on the exercise of the royal prerogative of mercy to pardon a person convicted of a crime or to remit all or part of a penalty imposed by a court. The Home Secretary can also send a case back to the Court of Appeal if fresh evidence emerges after a conviction has been made.

http://www.britannia.com/gov/gov8.html

Date: 2016-01-14; view: 894