A specific court panel is appointed to consider each case. And when going to court, you need to take into account how and by whom this or that case will be considered. What powers do judges have during a collegial (3 or more) review? How can a plaintiff (applicant) influence the composition of the court? If this is important to you, please read the information below.
Judicial power in our country is exercised exclusively through judges. This publication contains information about the composition of the judges, their powers, as well as additional information with the help of which a judge can be challenged.
Classification of Russian courts in civil cases
All courts that hear civil cases are divided into two groups:
- the first group is the courts of first instance. Those who consider the case after the receipt of the claim in compliance with the rules of jurisdiction and jurisdiction. They consist mainly of world and regional ones. In cases specified by law, this also includes higher courts. The function of the courts of this group is to consider the case on its merits and make a court decision.
- the second group is the appellate, cassation and supervisory courts. Their functions include mainly checking the validity, completeness and legality of decisions of lower courts.
Since October 2022, appeal and cassation courts of general jurisdiction have been operating in Russia.
Composition of the court as a judicial authority
The composition of district courts can be divided according to two criteria.
The first concerns the number of judges. Depending on the workload and population of the relevant area, the composition of the court includes several federal judges. The chairman of the court decides organizational and personnel issues, as he appoints and dismisses employees of the judicial apparatus, and also manages the court. At the same time, he himself participates in the consideration of cases. But the chairman, guided by the principle of judicial independence, does not influence the prospects for the resolution of civil cases by judges.
The deputy chairman of the court, in addition to performing the duties of a judge, carries out individual assignments of the chairman and replaces him during his absence.
The second criterion concerns the apparatus of the district court. This apparatus includes the following positions:
- assistant to the chairman;
- assistant referee;
- court administrator;
- consultant;
- Chief Specialist;
- specialists.
All employees of the apparatus are civil servants with special titles and class ranks.
Lawsuit without motion
If the judge has questions about the application, it may remain without progress, and this slows down the consideration of the case.
Typically, the judge will include all the errors in the claim in a paper called a “determination.” The plaintiff needs to study it carefully, and if anything becomes unclear, immediately call the secretary, the judge or his assistant. Or go to the judicial institution yourself, where experienced employees will help you formalize everything correctly. Next, having studied the “definition”, the application must be corrected, and if this does not happen, the court will return the document back. If the applicant does not agree with the judge’s amendments, he can appeal them to the appellate instance within 15 days from the date of filing the claim. But it is best to file a completely new claim, drawn up in accordance with all the rules and taking into account amendments.
How to determine the composition of the court
Let's remember a simple rule. In the court of first instance (after filing a claim before a decision is made, the ruling does not count), the case is considered by one judge alone (it is extremely rare that 3 judges are appointed, but these are cases to protect electoral rights). Which judge exactly? Usually judges have a certain specialization. And you can see who most often considers claims on a specific issue on the official website of the court using the section judicial records management. If you are interested in very specific details.
The Code of Civil Procedure of the Russian Federation enshrines the principle of independence of judges, which can influence the composition of the court. If a challenge to a judge is granted, the judge will be replaced.
In all other instances - in the case of appeal, cassation and appeal by way of supervision - the composition of the court is appointed collegial. The appeal is considered by 3 judges, one of whom is appointed as the presiding judge. Cassation and supervisory appeals are considered by the presiding judge and at least 2 other judges.
An exception is a private complaint, a complaint against a decision of a magistrate, a complaint in summary proceedings, a cassation complaint against a court order. Such cases are considered by the judge of the relevant instance alone.
How to draw up and file a claim in the court of first instance?
In order for a claim to be accepted in court, it must be drafted correctly.
To do this, you will need to study all the laws related to the case, as well as write a document according to all the rules. The statement of claim typically consists of three sections:
- Introductory part.
This is the “head” of the document, where the details of the judicial institution and the parties to the case are written. All participants in the process must be listed here. You can write the names in a column. If the paper is sent on a property issue, enter the cost of the claim. - Description.
Here, in detail, but without “water”, all the circumstances related to the incident are described. It is advisable that the applicant supports each individual point with references to a specific point from the legislation. It is best to describe each event from a new paragraph and follow as strict a chronology as possible. - Conclusion.
It summarizes the above in the statement of claim.
Then you need to list the attached documents, which should include copies of the application for all participants in the case.
You are also required to provide a receipt for payment of the state fee and evidence that indicates the validity and legality of the claim. sample statement of claim of the first instance for the dissolution of a marriage contract in .doc (Word) format sample of the statement of claim of the first instance for the division of property during divorce in .doc (Word) format The completed statement of claim can be submitted to the office or expedition of the court or to the judge himself within strictly allotted hours . The application can be sent by registered mail or courier service. But in these cases, it is necessary to draw up an inventory of the letter and confirmation of receipt.
Powers of an assistant judge
The powers of the assistant judge are:
- selection of legal and regulatory acts required to resolve the dispute;
- control of data collection and analysis for the generation of statistical reporting;
- preparation of reports.
The powers of the assistant to the chairman of the court, in addition to those listed above, also include:
- carrying out the instructions of the chairman during internal inspections;
- organizational support for the reception of citizens;
- preparing responses to citizens' appeals submitted to the court;
- execution of other instructions of the chairman of the court.
An assistant judge may, on behalf of the presiding judge, perform the functions of a court session secretary. That is, check attendance, keep minutes of the court hearing and provide audio recording. In any case, he has no right to administer justice.
Powers of the court administrator
The administrative activities of the district court are ensured by its administrator. He is appointed to the position and dismissed from it by the head of the Judicial Department (on the recommendation of the chairman of the court). A distinctive feature of the court administrator from other positions of the judicial apparatus is dual subordination. This is the chairman of the court and the head of the body of the Judicial Department (is a staff unit of such a department).
The administrator's powers include organizing:
- court activities (preparation for a court hearing);
- record keeping, statistics and archive work;
- material and living conditions of judges and judicial staff;
- sanatorium-resort rehabilitation and medical care for the judicial apparatus;
- provision of legal literature, reference and information materials and regulations;
- information and legal support for activities;
- in other measures to ensure the activities of the court.
Data
- There are 170 federal judge positions on the Supreme Court staffing table. They are appointed by the Federation Council on the proposal of the president. A judge of the Supreme Court can be a Russian citizen who has a higher legal education, has reached the age of 35 and has at least 10 years of legal experience.
- The judicial panels of the Supreme Court of Russia are divided into judicial panels of six to eight judges. One of the judges included in the judicial composition is the chairman of the composition. He is appointed by the Chairman of the Supreme Court of the Russian Federation for a period of 3 years. The appointment may occur more than once.
Powers of court specialists and consultants
Certain functions are assigned to court officials, in particular, court secretaries. They carry out certain actions on behalf of the court, but under the direction of the judge. The powers of the secretary of the court session include keeping minutes of the court session, preparing court notices, and working on a request to become familiar with the case.
The position of consultant is provided for in courts with a large volume of work. The main functions of the consultant are: reference work, summarizing criminal records and maintaining a file of judicial practice.
Composition of the court when considering the case
When considering proceedings alone, the judge acts on behalf of the court. And not from myself personally. Familiarize yourself with the rules of conduct in court hearings: they address the court and give explanations while standing, without the permission of the court, explanations and arguments are not voiced, when the judge enters the room and announces the decision, everyone stands up. The court is addressed as “Dear Court.” In short, only the judge presides over the process and administers justice. But not on his own behalf, but on behalf of the Russian Federation.
When the composition of the court is collegial, the rules of conduct in the trial do not change. The order of decision-making is changing. All issues, including those requiring a separate determination (for example, on the appointment of an examination, on additional evidence, etc.) are resolved by a majority vote. And a judge who disagrees in the appointed composition of the court has the right to express a dissenting opinion, which remains in the case file, but is not announced when the decision is announced.
Judicial practice under Art. 14 Code of Civil Procedure of the Russian Federation
Determination of the Constitutional Court of the Russian Federation N 1599-O
Formation of the court composition to consider the case, i.e. the determination of a specific judge or judges is carried out taking into account the workload and specialization of judges in a manner that excludes influence on its formation by persons interested in the outcome of the trial, including using an automated information system (part three of Article 14 of the Code of Civil Procedure of the Russian Federation).
At the same time, the Civil Procedure Code of the Russian Federation, establishing the rule according to which the trial of a case must take place with the same composition of judges, at the same time allows for the possibility of replacing one of the judges during the consideration of the case in the event of a self-recusal or self-recusal, which is declared and satisfied in the manner established by this Code. recusal of a judge, long-term absence of a judge due to illness, vacation, study, being on a business trip, as well as in cases of termination or suspension of his powers on the grounds established by federal law (part four of Article CPC of the Russian Federation, parts 3 and 4 of Article 18 of the APC Russian Federation).
The purpose of such legal regulation is to ensure the possibility of correct and timely consideration and resolution of civil cases by courts, taking into account reasonable time limits for legal proceedings (Articles and 6.1 of the Code of Civil Procedure of the Russian Federation). A guarantee of the procedural rights of persons participating in the case, in the event of a replacement of one of the judges during the consideration of the case, is the rule according to which the proceedings in this case must be carried out by the court from the very beginning.
Thus, there is no reason to believe that Article 14 and part two of Article 157 of the Code of Civil Procedure of the Russian Federation violated the constitutional rights of the applicants listed in the complaint.
