Английский язык в сфере юриспруденции (топики для экзамена) / 2 The Court System for the Russian Federation

The Court System for the RF

Russia belongs to the continental legal system, and a written law is the main legal source. So, the supreme highest law in Russia is the Constitution. Other major legal sources include Federal constitutional laws, Federal laws, and the Executive regulations. No law can contradict the Constitution.

Universally acknowledged principles and standards of international law and international treaties of the Russian Federation are also a part of Russia`s legal system.

The protection of human rights and enhancing the authority of law are the main goals of legal system and courts in particular.

The Russian judiciary is composed of three independent parts. They are:

(1) the courts of general jurisdiction;

(2) the commercial (arbitrazh) courts;

(3) the Russian Federation Constitutional Court.

The courts of general jurisdiction include justices of the peace, district courts, regional courts and the Supreme Court. Justices of the peace resolve small claims at the local level. District (rayon) courts function as courts of first instance and courts of appeals for decisions of justices of the peace. They handle the majority of criminal and civil cases.

Regional (oblast) courts serve as trial courts in major crimes and civil matters, and as appellate courts reviewing district court’s judgments. The commercial courts adjudicate commercial and economic disputes between business entities.

The military courts are included in the system of courts of general jurisdiction. They comprise garrison, district (navy) courts and the Military Chamber of the Supreme Court of the Russian Federation. The highest court in Russia is the Supreme Court of the Russian Federation.

Appellate courts: 5 courts of appeal are created in Moscow, Sochi, Saint Petersburg, Nizhniy Novgorod and Novosibirsk. Separate military court of appeals formed to review judgments of military district (navy) courts.

The RF Constitutional Court rules on the constitutionality of legislation. Some constituent entities of the Russian Federation have their own constitutional courts or charter courts.

The Constitution provides that a Russian citizen over the age of 25, who has had a higher legal education and experience in the legal profession for a minimum of 5 years may become a judge (Art.119). The Law on the Status of Judges provides for more details.

Judges of the Constitutional Court must be over 40 years of age, with experience of working in legal profession for no less than 15 years;

Judges of the Supreme Court of the Russian Federation — 35 years of age and experience of working in legal profession for no less than 10 years;

Judges of the courts of the constituent entities and the federal territorial commercial courts — 30 years of age and experience of working in legal profession for no less than 7 years.

As a result of the reform of 2018, the courts of general jurisdiction were divided in autumn of 2019. Separate new courts of appellate and cassation instances were established. They have interregional jurisdiction.