In the Russian legal system, the Institute of Justices of the Peace has been established. What are its features? Which normative acts regulate the activities of the relevant judicial institutions?
What is the Institute of Justices of the Peace?
Before considering what the law on magistrates in Russia is, we will study a little the peculiarities of the corresponding legal institution.
First of all, it should be noted that the judges of the peacework at the first instance level. Their main specialization is the consideration of disputes related to offenses with minor damage, as well as property claims with low cost. One of the purposes of addressing the parties to a dispute in the relevant institution may be the conclusion of a settlement agreement - a legal act on the recognition by participants in legal relations of the absence of mutual claims.
Legislation of the Russian Federation on the world courts
Let us now consider how the activityrelevant legal institutions is governed by Russian law. The main source of law here is the Federal Law 188-FZ "On Justices of the Peace", adopted on December 17, 1998. It regulates in general all the key nuances of organizing the work of judges, as well as ensuring the activities of the relevant institutions. In fact, it is simultaneously the Law on the Appointment of Justices of the Peace, and the legal act that determines the jurisdiction of cases to the relevant instances, as well as a source of norms that determines how the powers of these institutions are distributed territorially.
Let us now study in more detail the main provisions of Federal Law No. 188.
Determination of the magistrates in accordance with the law
The Law on Justices of the Peacelegal institute to the courts of general jurisdiction, which carry out activities at the level of the subjects of the Russian Federation, and at the same time are part of the judicial system of the state. This normative act contains wording on which the powers, as well as the procedure for the work of magistrates, as well as the criteria for establishing their posts, are determined by the Russian Constitution, FKZ "On the Judiciary" and other regulatory sources at the federal level, while the procedure for appointing, as well as the activities of judges can be established at the level of legal acts in the subjects.
At the same time, a regional legal act ora normative source at the level of the Federal Law should not include language that would contradict the fact that it contains any federal constitutional law. About modern judges, modern experts reason as a significant legal institution, so its regulation can be carried out at the highest level of action of Russian legal acts. But one way or another, a significant amount of provisions regulating the activities of the relevant institutions are concentrated in Federal Law No. 188.
The Law on Justices of the Peace in Russia containsthe wording by which those decisions that are adopted at the level of this legal institution and have the status of legally enforced, as well as other regulatory acts of the courts are binding on all Russian authorities, institutions, individuals and legal entities, and therefore must be executed throughout the territory of the Russian Federation .
In accordance with the norms of FZ-188, justices of the peace, andalso members of their families have guarantees related to the status of citizens performing activities at the level of the legal institution under consideration. We are talking about guarantees: the independence of judges, immunity, material security, social support.
We will study what competencies of the justices of the peaceestablished by the legislation of the Russian Federation. Above, we noted that Federal Law No. 188 is in fact the law of jurisdiction of justices of the peace. It is in its provisions that the key competences of the representatives of the relevant authorities are defined.
Competence of judges
The Federal Law on Magistrates No. 188-ФЗ establishes the following competences for the representatives of the authorities in question:
- criminal cases involving offenses that punish no more than 3 years of imprisonment - in accordance with the provisions of Art. 31 Code of Criminal Procedure;
- cases related to the execution of court orders;
- divorce disputes - if there are no disagreements between the spouses about the children;
- disputes over the distribution of property between spouses, the value of which does not exceed 50,000 rubles;
- other matters that arise in the field of familylegal relations, with the exception of those related to challenging the right of paternity or maternity, to establish the relevant rights or their deprivation or restriction, adoption or adoption of children, as well as related to other disagreements about children, issues of recognition of marriage between citizens invalid;
- property disputes between citizens,if we are not talking about inheritance, as well as assets that are the product of intellectual activity - provided that the value of the claim does not exceed 50,000 rubles;
- the affairs connected with an establishment of the order of use of this or that property;
- cases related to administrative offenses in the event that their consideration is directly attributed to the jurisdiction of the justice of the peace by law.
Apart from the above list of competencies,jurisdiction within the framework of the legal institution under consideration, the law may refer other cases. The law on the magistrates of the Russian Federation also contains the wording according to which cases at the appropriate level in the framework of newly discovered circumstances can be considered in courts at the same time when certain decisions at the level of first instance were taken and entered into force. The judge representing the institution of law in question deals with disputes that fall within his jurisdiction alone.
Let us now examine how the legislation of the Russian Federation regulates the activities of the sections on which the magistrates function.
Courts under the law of the magistrates
Federal Law No. 188, as we noted above, is the Law on the creation of polling stations for magistrates. What norms does it include in terms of regulating the organization of the work of relevant institutions?
He determines that the work of the judges representingThe corresponding legal institution is carried out within the limits of the established boundaries of a particular region in separate areas. The law on magistrates contains the wording according to which the total number of people in this profession, as well as areas in a particular subject of the Russian Federation, is determined at the level of federal legislation, but initiated by regional authorities when the Armed Forces agree. Or at the initiative of the Armed Forces of the Russian Federation, but in coordination with the authority of the subject of the Russian Federation.
Sites in question as well as positionsjudges should be created as well as abolished by issuing regional legal acts. It is assumed that at 1 site will be serviced from 15 to 23 thousand citizens. If there are less than 15 thousand people in the municipality, then 1 judicial section is formed in it. Cases considered at an appropriate level must be transferred to the jurisdiction of another institution if it is planned to abolish a particular precinct or position of a judge.
In cases prescribed by law, the chairmenDistrict courts can transfer cases that are generally within the jurisdiction of a judge on a particular plot to review institutions in other territories. The federal law on magistrates includes wording according to which criminal, civil cases can be transferred according to this scheme, as well as those related to administrative offenses, consideration of lawsuits and issuing court orders.
Appointment to the position of magistrate: requirements for candidates
We will study what requirements shouldto comply with the citizens applying for the position of magistrate. The main source of law that determines the relevant criteria is the Law of the Russian Federation “On the Status of Judges”. In this sense, these requirements are no different from those that are established for representatives of the judiciary, as well as for candidates for relevant positions, for other instances. However, these rules should be applied subject to the provisions of the Federal Law No. 188. In particular, they may concern the procedure for the appointment or election of citizens to the position of magistrate.
Election of Magistrates
The procedure is carried out atparticipation of the legislative authority at the level of the subject of the Russian Federation or the population that lives in the relevant judicial sector. Moreover, the procedure for electing magistrates must be established by a legal act adopted in the region. The law on magistrates of the Russian Federation includes the wording according to which no later than 6 months before the powers of the current judge expire, and if they terminate prematurely - no later than 10 days after the judge’s vacancy appears, that the corresponding position is open. Information about this is placed in the media.
Relevant ads reflect information.about the time and place of receiving applications from citizens applying for the position of judge, as well as about when and where these documents will be considered. The term of office of a judge who will be appointed on the basis of the consideration of applications must begin no earlier than the day following the day on which the powers of the current judge ceased.
Term of office of judge
Federal Law on Magistrates in the Russian Federationestablishes the specific terms of office of the representative of the institution in question. So, the magistrate is appointed or elected to his post for no more than 5 years. In this case, the authorities of the region of the Russian Federation have the right to reduce this period. Upon its expiration, however, a citizen has the right to re-apply for the position of magistrate. If a citizen was elected to the relevant position again, his term of office should also not exceed 5 years or be equal to that defined in regional legal acts. The magistrate can carry out his activities before he is 70 years old. After - his powers are terminated in accordance with the law.
Termination of a judge’s powers
The law on the activities of magistrates, suchIt contains language on which the powers of representatives of relevant institutions can be terminated. It can be noted that the list of grounds for this is determined by the Law of the Russian Federation “On the Status of Judges”, but in the course of applying the provisions of this LA, the rules set forth in Federal Law No. 188 should be taken into account.
Powers of the magistrate terminate:
- on the last day of the month in which his powers expire or in the month in which the judge turns 70 years old;
- the day after the day when the decision of the board of judges, in accordance with which the authority of the representative of the institution in question is terminated early, comes into force.
In addition, the powers of a judge may be suspended by a board within the framework of other mechanisms provided for by the provisions of the Law of the Russian Federation “On the status of judges”.
In case the powers of a judge weresuspended or discontinued, as well as in the temporary absence of a citizen in the relevant position, the magistrate who works in another area in the same district performs his work duties. At the same time, a separate resolution of the court chairman is issued for the relevant district. In case if only 1 magistrate works in this territory, then his powers are transferred to the level of the instance conducting activities in the nearest district.
В предусмотренных законом случаях исполнение The duties of a judge representing the institution in question may be assigned to retired judges. It does not matter what part of them they worked before.
Let us now consider how the Law on the status of justices of the peace regulates the procedure for ensuring the activities of the relevant authorities.
Ensuring the work of judges
The main role in supporting the justices of the peacedevices. Its structure, as well as the staffing table, should be defined in laws adopted at the level of the subject of the Russian Federation. At the same time, the staff of the apparatus has the status of civil servants and works in accordance with the legislation, in whose jurisdiction it is the regulation of legal relations in the civil service.
Financing the work of magistratescarried out with the participation of the Judicial Department, which works in the Armed Forces of the Russian Federation. This structure is responsible for transferring the salaries, awards to judges, providing them with various social privileges provided for by the legislation of the Russian Federation.
For material support activitiesRepresentatives of relevant institutions are responsible for structures at the level of the executive authority of the region of the Russian Federation. At the same time, in cases established by law, the Judicial Department, which works in the Armed Forces of the Russian Federation, can also be connected to the solution of this task. This structure is also responsible for recovering the costs of disputes that are considered by magistrates.
Итак, мы изучили основные положения, которые contains the Federal Law on the Magistrates of the Russian Federation. It will also be useful to consider the assessment of the activities of this legal institution by experts.
Institute of Magistrates in Russia: expert evaluations
First of all, among lawyers distributedpoint of view on which the status of magistrate, in fact, is of a dual nature. On the one hand, their activity is carried out within the framework of the subject of the Russian Federation, and therefore is governed by the provisions of regional sources of law. On the other hand, a representative of the relevant institution is also included in the unified judicial system of the state and issues resolutions on behalf of the Russian Federation.
According to experts, the adoption of a law on worldJudges in Russia were accompanied by discussions on the role of representatives of these legal institutions in the system of government bodies. Thus, one of the popular concepts contained theses according to which the world court should carry out its activities at the level of first instance and, thus, acquire powers that characterize the work, in particular, of district courts, which would increase the efficiency of legal proceedings. At the same time, it was necessary to ensure the dissemination of the jurisdiction decisions of the relevant institutions at the federal level. Thus, among the experts, the point of view was also spread that the work of justices of the peace should have to a greater degree reflect the federal level of consideration of the issues of the activities of these structures. In particular, decisions on the appointment of judges, on the financial and material support of their activities could be taken at an appropriate level.
One way or another the adoption of the law on magistratesIt was implemented in the formulations on which the duality of their activities was generally preserved. Above, we reviewed the provisions of the Federal Law No. 188 that, on the one hand, the work of representatives of these judicial institutions is related to decision-making on behalf of the Russian Federation, and on the other, the procedure for ensuring their activities largely depends on the results of the work of legislators in the regions. This mechanism can be considered by experts as sufficiently effective, since, on the one hand, it does not limit the jurisdiction of decisions of justices of the peace, and on the other hand, it takes into account regional specifics of legal relations.
Кроме того, можно отметить, что и на уровне the main federal regulatory act - Federal Law No. 188, contains language that limits the ability of regions to adopt rules that are significantly different from those that reflect the interests of the federal center. For example, in terms of setting the deadlines for a magistrate’s authority. It cannot, as we already know, last more than 5 years, however, its specific duration may be less than the limit value, and this depends on the position of the regional legislator.
One way or another, the legal institute of magistratesexperts consider it as exceptionally significant from the point of view of the development of jurisprudence in Russia, increasing the legal culture of citizens, improving the system of government. The law on magistrates is a sufficiently balanced legal act, which, on the one hand, provides a significant amount of powers to the regions in terms of regulating the activities of these institutions, on the other hand, contains formulations that help preserve the integrity of the state judicial system of the Russian Federation in terms of expanding the jurisdiction of world law judges, as well as providing support for their activities by federal structures.
