The constitution of the russian federation

Russia (the Russian Federation) is a democratic, federative, law-based state with the republican form of government. State power is divided among the legislative, executive, and judicial branches, which are independent of one another. The Constitution of the Russian Federation states: "State power in the Russian Federation is exercised on the basis of the separation of legislative, executive, and judicial powers. Organs of legislative, executive, and judicial power are independent" (Article 10).

The Constitution is the highest legal act which has a direct effect and supreme legal force and which is applicable throughout the entire territory of Russia. No laws and other legal acts adopted by the Russian Federation and lower administrative units (subunits of the Russian Federation) may contravene to the Constitution of the Russian Federation.

The present Constitution of the Russian Federation was adopted at the nation-wide referendum on 12 December 1993. No substantial amendments to the Constitution were introduced since then. Subunits of the Russian Federation have their own constituent documents.

Judicial system of the russian federation General Provisions

Vocabulary notes. Bias пристрастность, предубеждение, влияние, давление, four-tiered system четырех-уровневая система, in absentia заочно, Justices of the Peace мировые судьи, entrusts вверять, поручать.

The existing judicial system of the Russian Federation was formed and is being developed as a result of the judicial reform carried out in Russia from the beginning of the 90s with the purpose to create and maintain the judicial power in the state mechanism as an independent branch of power, free from political and ideological bias, independent in its activities from the executive and legislative branches of power.

The judiciary system of the Russian Federation is established by the Constitution of the Russian Federation and the federal constitutional law. Independent, competent law court is an important component of a democratic state based on a rule of law. Judiciary power is exercised to constitutional, civil, administrative and criminal process.

The Constitution of the Russian Federation of 1993 became the main legal basis for the introduction of the judicial reform. The structure of the judicial system of the Russian Federation and the sphere of activities of its various parts are determined by Article 118 of the Constitution and federal constitutional laws. Judges of the Constitutional Court of the Russian Federation, of the Supreme Court of the Russian Federation, of the Supreme Arbitration Court of the Russian Federation are appointed by the Federation Council following nomination by the President of the Russian Federation.

Judges of other federal courts are appointed by the President of the Russian Federation in accordance with procedures established by federal law. The powers, and procedure of the formation and activities of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation and other federal courts are established by federal constitutional law.

The judicial system of the Russian Federation consists of:

The Constitutional Court of the Russian Federation and constitutional courts of the republics and other subjects of the Russian Federation,

Four-tiered system of courts of general jurisdiction: the Supreme Court of the Russian Federation, supreme courts of the republics, krai and oblast courts, courts of cities of federal significance, military and specialized courts; three-tiered system of the military courts is an integral part of it, three-level system of arbitration courts: the Supreme Arbitration Court of the Russian Federation, federal okrug courts and arbitration courts of federal subjects.

Judges are independent and are obeyed only to the Constitution of the Russian Federation and the federal law. A court of law, having established the illegality of an act of government or any other body, are passed a ruling in accordance with law. All trials in all law courts are opened. The hearing of a case can be in camera in cases provided by the federal law. Hearing of criminal cases in law courts in absentia are not allowed except the cases provided for by the federal law.

Law courts are financed only out of the federal budget and financing are ensured full and independent administration of justice in accordance with federal law.

Justices of the Peace are judges of the subjects of the Russian Federation and form an integral part of the system of courts of general jurisdiction. The re-establishment of the institute of Justices of the Peace in Russia in 2000 is an important step in the course of development of the judicial and legal reform and provides for more operative and accessible judicial protection for the citizens of the country.

The law entrusts the Justices of the Peace with functions and duties equal for all the judges of Russia: to exercise justice observing precisely and strictly the requirements of the Constitution of the Russian Federation, generally recognized rules, norms and principles of the international law and international agreements concluded or joined by the Russian Federation. The Justices of the Peace are included into the structure of general jurisdiction courts and participate in the work of its bodies.