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General Lawyers

Russian judicial proceedings structure. SAC, Justices of the Peace, Prosecutor’s Office

According to the Federal Constitutional Law, the SAC of Russia is the highest judicial authority in economic disputes and other cases that are arbitrated. The Supreme Arbitration Court is the highest court for appellate arbitral courts, federal district arbitration courts, and arbitrations of subjects in the Russian Federation.

The federal law provides that the SAC is a court-of-first instance. This is done as part of its supervision, and in connection to newly discovered circumstances. The SAC is responsible to explain judicial practice. In accordance with article 24 of FCZ, the Federal District Arbitration is involved in judicial proceedings as a court for cassation or in connection to newly emerging circumstances.

This court is the higher structure for arbitration appellate judiciar bodies and arbitrations of constituent entities of Russian Federation that are located within a particular judicial district. The Arbitration Court of Appeal can hear appeals in relation to new circumstances. Article 25 of Russian Constitutional Law gives the arbitrator of the Russian Federation the power to hear cases by both the court of first instance or by new circumstances.

Through clarifications and changes to the FCZ, specialized federal courts can be established to handle civil and administrative disputes. Federal law provides the guidelines for the operation and functionality of the above-mentioned federal courts. Each constituent entity of Russia has the right to create constitutional (charter), courts to address issues related to compliance with the legislation of the subject and regulatory legal acts of its body of state or local authorities with the constitution of the subject. These issues are dealt with in accordance with the laws of each Russian Federation constituent entity. Another court cannot consider a verdict rendered in accordance with the rules of a constitutional court (charter).

The Federal Penal Code, Article 28, states that the federal legislation and law of each Russian Federation constituent entity determine the duties and activities for justices of peace. As courts of first instance, the magistrates’ court hears criminal and civil cases. Federal Penal Code stipulates that these courts shall have the ability to operate the Constitutional, Supreme, and Supreme Arbitration Courts.

The Supreme Court of the Russian Federation has a Judicial Department that provides resources for the execution of the activities of courts of general jurisdiction as well as the formation of the judicial body. The Chairman of the Supreme Court of the Russian Federation determines the appointment and disqualification of the head of the Judicial Department. Civil servants are the status of the specialists in this department. The assignment of ranks and special ranks to them is used.

The Prosecutor’s Office of Russia Federation is a single, centralized structure where the lower employees are subordinate to the superiors and the Prosecutor of the Russian Federation. The President of Russia makes the appointment to the position of Prosecutor General. His dismissal is subject to approval by the Council of Federations.

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