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THE JUDICIARY IN RUSSIA

The judiciary consists of three independent parts: regionally based federal courts of general jurisdiction, courts of arbitration assigned to the resolution of economic disputes, and the Constitutional Court with the right of judicial review. The institution of justices of peace was introduced for the resolution of small claims at the local level.

Local courts are established in all administrative units of the Russian Federation and function as courts of first instance and courts of appeals for decisions of justices of peace. These courts make initial decisions in the majority of all criminal and civil cases. Federal district courts build the second level of Russia’s judicial system. Their territorial jurisdiction extends to the components of the federation where those courts have been formed. They serve as trial courts in more serious crimes and civil matters, and as appellate courts reviewing local court’s judgments. The Supreme Court is the highest judicial body for civil, administrative, criminal, and other cases within the jurisdiction of courts of general jurisdiction. Justices of the Supreme Court are appointed by the Federation Council. The Court has three divisions: civil, criminal, and military, which hear relevant cases. Thirteen specially appointed justices of the Supreme Court comprise the Presidium of the Supreme Court, the highest judicial instance in Russia in regard to cases heard by way of supervision and for newly discovered circumstances. The plenary session of the Supreme Court may issue explanations on questions pertaining to judicial practice, and it may exercise the Court’s right of legislative initiative by formulating the relevant proposals for their subsequent submission to the Parliament.

Arbitration courts are a part of the federal judicial system, but separate from regular courts and are aimed at the resolution of commercial and economic disputes. They are organized at the level of constituent components of the Russian Federation, and, despite what the name suggests, their function is to adjudicate, not arbitrate, economic disputes between business entities, and to decide on complaints against organs of state and federal administration whose decisions may affect the conduct of business operations. The internal structure and principles of the arbitration courts are similar to those of the courts of general jurisdiction.

The nineteen-member Constitutional Court decides whether federal laws, presidential and governmental decrees and directives, and regional constitutions and laws comply with federal constitution. The Constitutional Court also resolves jurisdictional disputes between federal and lower level organs of power and may be asked to interpret the federal Constitution. Rulings of the Constitutional Court are binding and final, and do not need to be confirmed by other organs or officials. Acts or their individual provisions, which have been deemed unconstitutional, become invalid.