Unit 20 The Court System of the Russian Federation

 

Before you read.

Discuss these questions.

 

Have you ever been to a court?

What types of courts do you know?

Do you rely on your court system?

Text A

In all legal systems there are institutions for creating, modifying, abolishing and applying the law. Usually these take the form of hierarchy of courts. The court is a state body that administers justice on behalf of the state. The role of each court and its capacity to make decisions is strictly defined in relation to other courts. There are two main reasons for variety of courts. One is that a particular court can specialize in particular kinds of legal actions. The other is so that a person who feels his case was not fairly treated in a lower court can appeal to a higher court for reassessment. The decisions of a higher court are binding upon lower courts.

Judicial authority in Russia is implemented through the constitutional, civil, administrative and criminal court proceedings. Another judicial branch is arbitration (arbitrazh русcк.)economic proceedings. The civil courts of general jurisdiction deal primarily with legal relations between individuals in the areas of contract, tort, property and family law. The Federal Constitutional Law*, dated 31 December 1996, establishes and regulates the Russian Federation's judicial system, determines the basic principles for the exercise of judicial authority, the status of judges and the procedure for the establishment and abolition of courts.

* №. 1-FKZ. On the Judicial System of the Russian Federation.

 

The court system of the Russian Federation consists of:

The Constitutional Court

The Federal courts

The Arbitrazh courts.

 

This practice is consistent with the judicial system of other European civil law countries. There are courts of first instance (original jurisdiction) and second instance (appellate jurisdiction). A court in which a case is first heard is called the court of first instance. A court of original jurisdiction is one which first examines a case in substance and brings in a sentence or decision. Any court may sit as a court of first instance. In almost all cases it is possible to appeal to higher court for reconsideration of the decision of the original court. A court of second instance is one which examines appeals and protests against sentences and decisions of courts of first instance.

Disputes, involving individuals are resolved in the courts of general jurisdiction while economic disputes between legal entities are resolved in the Arbitrazh courts. In addition, parties may by an agreement provide for the arbitration of disputes in Russia or abroad. Russian law allows parties contractually to choose the application of law, with some restrictions. Parties to international agreements may also agree to have disputes resolved in a foreign jurisdiction, either in the court or by arbitration. If the parties agree to have a dispute resolved in a foreign jurisdiction by arbitration, a Russian court will not consent to hear the dispute.