What issues and cases are considered by the magistrate’s court - answers from a lawyer

The magistrate's court is considered a court of general jurisdiction. Its activities, list of cases, information about their composition, competencies and work regulations are fixed by the Constitution of the Russian Federation, Federal Law and regional laws. In fact, the magistrate’s court is the first stage of the system and deals with the analysis of circumstances of general jurisdiction using a simplified procedure. The claim will be considered within a month, as in the first type of instance. Here only situations from private individuals who independently filed a claim can be considered.

Divorce through the Magistrates' Court

Not all spouses manage to maintain love, mutual understanding and normal relationships throughout their entire life together. The reason for this is a difference in character, everyday difficulties, financial problems, betrayal of a husband or wife. And no legislation can save a family if one of the parties is against it.

Divorce proceedings are a lengthy procedure that requires certain material costs, time and effort from the parties. If the spouses come to a mutual agreement to separate, they do not have minor children and property claims against each other, they can file a divorce through the registry office. If one of the parties is against it, the spouses have young children and jointly acquired property that needs to be divided, they should go to court. In our article we will talk about divorce proceedings through the magistrates' court, what features and nuances this procedure has.

Rules for challenging a decision

The decision made by the magistrate court can be challenged in accordance with the established procedure. You can apply for a review of a sentence at various times, depending on the nature of the violation.

For decisions made in administrative and criminal cases, the appeal period is 10 days; for civil cases, the appeal period is 30 days. An application to appeal the decision of the magistrate can be submitted to the district judicial authority.

After filing an application, the city court may:

1. cancel the decision made by the magistrate court;
2. render a new verdict;
3. agree with the decision made by the magistrate.

An appeal to the city court will be the first step at the stage of appealing the verdict. In case of refusal, the suspected citizen may resort to other authorities:

• cassation;
• supervisory;

Such measures cannot be applied to a court order. It cannot be challenged on appeal. In such a situation, the convicted person has the right to directly appeal to the magistrate or appeal it in cassation. The process of reviewing the decision of a magistrate is not fundamentally different from similar actions in other courts.

Magistrates' Court - grounds for appeal

Spouses who have decided to separate can apply to the magistrate's court in the following cases:

• The married couple has minor children. In this case, the husband and wife will not be able to quickly obtain a divorce certificate from the registry office. They need to complete and submit an application for divorce to the magistrate. Provided that all issues relating to the further upbringing and financial support of the child are resolved peacefully, this procedure takes little time.
• The spouses do not have children, or the children have already reached the age of majority, but one of the parties does not want to contact the authorized body to file a divorce. In this case, the magistrate will be able not only to consider the divorce case, but also to take into account the stated property claims of the plaintiff. In this case, one condition must be met - property claims must be made in an amount of no more than 50,000 rubles. If the claimed amount in the claim is greater, the magistrate’s court will not consider it, and the applicant will have to appeal to the magistrate’s court.

In order for the divorce procedure to proceed quickly, you should correctly draw up a statement of claim and collect all the necessary documents. If you do not submit all the documents or the application contains errors and inaccuracies, you will be returned for correction and the procedure may drag on indefinitely.

This procedure has its own difficulties and nuances. For example, one of the spouses is serving a sentence in prison, is declared incompetent for medical reasons, or is considered missing. Particular attention should be paid to collecting documents for filing a divorce through the Magistrates' Court with children. In such cases, it is better to contact professionals who specialize in family law cases. Specialists will not only help you correctly draw up an application and collect a package of necessary documents, but will also be able to represent your interests in the magistrate’s court.

At the information stand in the judicial authority you will find all the information regarding the procedure for submitting documents and the application form for divorce to the magistrates' court. Also on specialized websites you can submit a statement of claim for divorce to a magistrate and step-by-step instructions for filling it out.

Court procedure

The plaintiff must have the originals of the passport, documents and summons.

In the meeting room

• The judge checks the presence of interested parties, and in case of failure to appear, finds out how valid the reasons are, and postpones the hearing if there is no data;
• The question of the possible recusal of court members is being clarified;
• The judge reads out the obligations and rights of the parties, reports on audio or video recording of the process, if any;
• The plaintiff and the defendant ask each other substantive questions, then a debate between the parties begins, during which the parties argue their point of view;
• The judge in the deliberation room makes a decision, the effective part of which is announced immediately. Within 5 days, the remaining parts of the decision are issued to the parties in the office.

If the court's decision is satisfactory, the plaintiff submits a writ of execution to the bailiffs for immediate execution. The defendant may appeal the decision within 30 days. To avoid giving arguments for appeal, it is better to consult with a family lawyer.

Application for divorce to a magistrate

The application form for divorce to the Magistrates' Court contains the following information:

• Full name of the court where the claim is filed.
• Last name, first name, patronymic, place of registration of the applicant.
• Mobile phone number and email address for feedback.
• Personal information of the defendant.
• If the interests of the plaintiff or defendant are represented by a lawyer, you must indicate all the information available about him.
• Number and date of the marriage certificate.
• The civil registry office where the marriage of the spouses was registered.
• Record number of the marriage registration act in the registry office.
• Date of divorce.
• Reasons for divorce between husband and wife.
• Information about minor children.
• Children's birth certificate data.
• Information about joint property that is subject to division.
• List of documents attached to the statement of claim.
• Date of application.
• Signature of the applicant or the person representing his interests.

Also, the magistrate should attach to the divorce application form:

• Original receipt for payment of state duty.
• Original and copy of marriage certificate.
• Copies of children's birth certificates.
• A copy of the filed claim.

If the spouses registered their marriage in another state, a translation of the marriage certificate with an apostille must be attached to the above documents. Apostille is an international standardized form of filling out information about the legality of a document for use in another country.

There are several templates for filing a claim, because each married couple may experience different situations when dissolving a marriage. In any court you can find a sample application for divorce to the magistrates' court with children or property disputes.

Administrative matters.

Cases considered by magistrates in the first instance may concern administrative violations. Officials have received such powers since 2016.

A peculiarity of the consideration of administrative cases is that one of the parties is usually local government bodies.

A justice of the peace is approached for justice when cases of hooliganism or fraud are revealed.

The official may consider applications for violating traffic rules or appearing in a public place while intoxicated.

The magistrate has the right to determine punishment for almost all offenses provided for in the Code of Administrative Offences. Legal proceedings are carried out in the manner prescribed by administrative law.

Divorce if there are no children together

Even if the spouses do not have joint children, under the age of majority and joint property, it will still not be possible to file a divorce in a few days. This procedure takes at least one month; it is necessary for the magistrate’s court decision on divorce to enter into legal force.

To ensure that the divorce procedure does not drag on for a long time, you should take the preparation of the application and the collection of documents very seriously. If errors or inaccuracies are found, the documents will be returned to you for revision. In this situation, it is better to hire a competent lawyer who will quickly help resolve all issues.

In addition, according to the Family Code of the Russian Federation, the magistrate may postpone the hearing and give time to the spouses for reconciliation.

Cases under consideration

The Magistrate's Court is an integral element of the judicial system, acting as its initial link. Some citizens mistakenly separate the two concepts of magistrate and magistrate court, although they are the same thing. Their work is regulated by:

1. Constitution of the Russian Federation;
2. Federal Law on the judicial system;
3. regulatory legal acts of the constituent entities of the Russian Federation.

Each justice of the peace is assigned a site within his jurisdiction. The average number of citizens registered on it is no more than 23,000 people. For sparsely populated areas, the number of residents allowed is less than the established lower limit of 15,000 citizens.

The Magistrates' Court, like other structures of the judicial system, are independent from other departments. A similar norm is laid down in the Constitution of the Russian Federation. Justices of the peace are appointed by government representatives. The decision on termination of powers is made by a panel of judges. The decisions made by the magistrate can be appealed to a higher authority, which in this case is the district court.

Divorce procedure through the Magistrates' Court if there are children

If the spouses have peacefully agreed and decided how they will jointly raise and support their common children, dissolution of the marriage through the court takes several months.

But when there are certain disagreements between the parents and unresolved issues remain, the timing of the divorce is difficult to predict; the process can last up to six months. Often, serious disagreements arise between former spouses regarding the residence of minor children. In this case, the court, together with the guardianship and trusteeship authorities, may order an examination, which should determine the financial condition and living conditions of each of the parents. In addition, sometimes the children’s opinion is taken into account with which parent they want to stay with. Therefore, spouses with children during divorce proceedings will have to attend court hearings at least three times.

Proper execution and submission of documents is of no small importance. An incorrectly filled out application form for divorce in the Magistrates' Court with children can negatively affect the entire legal process. That is why in such controversial issues it is advisable to contact experienced lawyers.

Stages of divorce through the magistrates' court

The entire divorce procedure between spouses goes through several mandatory stages:

• The plaintiff files a claim in the magistrate's court. This is the first and mandatory stage at which you need to competently draw up a claim. Particular attention should be paid to filling out the divorce application form to the magistrate with children. An incorrectly completed document will not be accepted by the court for consideration. To avoid such incidents, contact family lawyers. Specialists will take care of this issue on their own, quickly draw up and collect a package of necessary documents.
• The judicial authority accepts the statement of claim for consideration and sets the date and time of the first hearing.
• The first court hearing takes place. At this stage, the judge reviews the submitted documents and materials and checks whether the rights of minor children are violated. At the first meeting, the magistrate may give the spouses time for reconciliation if it is possible to save the marriage.
• Second, third court hearings. They can take place if at the first meeting there are unresolved issues between the parents regarding the residence, upbringing and maintenance of young children.
• A court decision is made. It usually takes about five working days to prepare.
• The decision of the magistrate's court comes into force. Legislative acts allot about 30 days from the date of determination and ruling of the judicial act to carry out this procedure.
• The plaintiff and defendant receive copies of the court decision and can apply to the registry office to obtain a divorce certificate.

Jurisdiction and jurisdiction of civil cases

Chapter 3. JURISDICTION

Article 22. Jurisdiction of civil cases

1. Courts consider and resolve:

1) lawsuits involving citizens, organizations, state authorities, local governments for the protection of violated or contested rights, freedoms and legitimate interests, in disputes arising from civil, family, labor, housing, land, environmental and other legal relations;

2) cases on the requirements specified in Article 122 of this Code, resolved in the order of writ proceedings;

3) no longer in force on September 15, 2015. — Federal Law dated 03/08/2015 N 23-FZ;

4) cases of special proceedings specified in Article 262 of this Code;

5) cases on challenging decisions of arbitration courts and issuing writs of execution for the forced execution of decisions of arbitration courts;

6) cases on recognition and enforcement of decisions of foreign courts and foreign arbitration awards;

7) cases of assistance to arbitration courts in cases provided for by federal law. (Clause 7 introduced by Federal Law dated December 29, 2015 N 409-FZ)

cases on corporate disputes related to the creation of a legal entity, its management or participation in a legal entity that is a non-profit organization, with the exception of non-profit organizations, cases on corporate disputes of which are subject to the jurisdiction of arbitration courts by federal law. (Clause 8 introduced by Federal Law dated November 28, 2018 N 451-FZ)

2. Courts consider and resolve cases involving foreign citizens, stateless persons, foreign organizations, organizations with foreign investments, and international organizations.

3. Courts consider and resolve cases provided for in parts one and two of this article, with the exception of economic disputes and other cases referred to the competence of arbitration courts by federal constitutional law and federal law. (as amended by Federal Law No. 451-FZ of November 28, 2018)

4. When filing an application with a court containing several interconnected claims, some of which are within the jurisdiction of a court of general jurisdiction, others - of an arbitration court, if separation of claims is impossible, the case is subject to consideration and resolution in a court of general jurisdiction. (as amended by Federal Law No. 451-FZ of November 28, 2018)

If the division of claims is possible, the judge makes a ruling on the acceptance of claims within the jurisdiction of a court of general jurisdiction and on the return of the application regarding the claims within the jurisdiction of the arbitration court. (as amended by Federal Law No. 451-FZ of November 28, 2018)

Article 22.1. Disputes subject to referral to arbitration (introduced by Federal Law dated December 29, 2015 N 409-FZ)

1. Disputes arising from civil legal relations, as well as individual labor disputes between athletes and coaches in professional and elite sports may be submitted by the parties to arbitration if there is a valid arbitration agreement between the parties to the dispute, unless otherwise provided by federal law. (as amended by Federal Laws dated November 28, 2018 N 451-FZ, dated July 31, 2020 N 245-FZ)

2. Cannot be submitted to arbitration: (as amended by Federal Law No. 451-FZ of November 28, 2018)

1) disputes provided for in paragraph 4 of part one of Article 22 of this Code;

2) disputes arising from family relationships, including disputes arising from the relationship between guardians and trustees of the ward’s property, with the exception of cases on the division of jointly acquired property between spouses;

3) disputes arising from labor relations, with the exception of individual labor disputes of athletes, coaches in professional sports and elite sports, referred to the arbitration court within the framework of arbitration (arbitration proceedings), administered by a permanent arbitration institution established taking into account the requirements of the legislation on physical culture and sports; (as amended by Federal Law No. 245-FZ of July 31, 2020)

4) disputes arising from inheritance relations;

5) disputes arising from relations regulated by the legislation of the Russian Federation on the privatization of state and municipal property;

6) disputes arising from relations regulated by the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs;

7) disputes regarding compensation for harm caused to life and health;

disputes regarding the eviction of citizens from residential premises;

9) disputes arising from relations related to compensation for damage caused to the environment;

10) other disputes in cases directly provided for by federal law.

3. Disputes between a participant of a legal entity and the legal entity itself and disputes regarding claims of participants of a legal entity in connection with the legal relationship of a legal entity with a third party, if participants of a legal entity have the right to file such a claim in accordance with federal law, may be referred for consideration arbitration court in accordance with part four of this article only if this legal entity, all its participants, as well as other persons who are plaintiffs or defendants in these disputes, have entered into an arbitration agreement to submit these disputes to the arbitration court.

4. The disputes specified in part three of this article may be considered by an arbitration court only if these disputes are referred to an arbitration court with the place of arbitration on the territory of the Russian Federation, administered by a permanent arbitration institution that has approved and published special rules for the resolution of corporate disputes in the manner prescribed by federal law .

Article 23. Civil cases under the jurisdiction of a magistrate

1. The magistrate considers as a court of first instance the following cases:

1) on issuing a court order;

2) on divorce, if there is no dispute between the spouses about children;

3) on the division of jointly acquired property between spouses if the value of the claim does not exceed fifty thousand rubles;

4) in property disputes, with the exception of cases of inheritance of property and cases arising from relations regarding the creation and use of results of intellectual activity, with the cost of the claim not exceeding fifty thousand rubles;

5) for property disputes arising in the field of consumer rights protection, if the cost of the claim does not exceed one hundred thousand rubles. (Part 1 as amended by Federal Law dated November 28, 2018 N 451-FZ)

2. Federal laws may include other cases under the jurisdiction of justices of the peace.

3. When combining several related claims, changing the subject of the claim or filing a counterclaim, if the new claims become subject to the jurisdiction of the district court, while others remain subject to the jurisdiction of the magistrate, all claims are subject to consideration in the district court. In this case, if the jurisdiction of the case has changed during its consideration by the magistrate, the magistrate makes a ruling to transfer the case to the district court and transfers the case for consideration to the district court.

4. Disputes between the magistrate and the district court regarding jurisdiction are not allowed.

Article 24. Civil cases within the jurisdiction of the district court

Civil cases within the jurisdiction of courts of general jurisdiction, with the exception of cases provided for in Articles 23, 25, 26 and 27 of this Code, are considered by the district court as a court of first instance. (as amended by Federal Law No. 451-FZ of November 28, 2018)

Article 25. Civil cases within the jurisdiction of military courts and other specialized courts

In cases provided for by federal constitutional law, civil cases are considered by military and other specialized courts.

Article 26. Civil cases within the jurisdiction of the supreme court of the republic, the regional, regional court, the court of a federal city, the court of an autonomous region and the court of an autonomous district

1. The Supreme Court of the republic, the regional, regional court, the court of a federal city, the court of an autonomous region and the court of an autonomous district shall consider civil cases as a court of first instance:

1) related to state secrets;

2) — no longer in force on September 15, 2015. — Federal Law dated 03/08/2015 N 23-FZ; 9) provided for by Chapter 45 of this Code. (Clause 9 introduced by Federal Law dated December 29, 2015 N 409-FZ)

2. Federal laws may include other cases under the jurisdiction of the supreme court of a republic, a regional court, a court of a federal city, a court of an autonomous region and a court of an autonomous district.

3. The Moscow City Court, as a court of first instance, considers civil cases that are related to the protection of copyright and (or) related rights, except for rights to photographic works and works obtained by methods similar to photography in information and telecommunication networks, including Internet network, and for which they have taken preliminary interim measures in accordance with Article 144.1 of this Code. If the Moscow City Court considers a case in which proceedings were initiated at the plaintiff’s claim after the entry into force of a decision made by the same court in favor of the same plaintiff in another case on the protection of copyright and (or) related rights in information and telecommunication networks, including on the Internet, the Moscow City Court also resolves the issue of permanently restricting access to a site on the Internet, on which information containing objects of copyright and (or) related rights, or information necessary for obtaining them using information and telecommunication networks, including the Internet. (Part 3 as amended by Federal Law dated November 24, 2014 N 364-FZ)

Article 27. Cases within the jurisdiction of the Supreme Court of the Russian Federation (as amended by Federal Law No. 29-FZ of March 12, 2014)

The jurisdiction of cases by the Supreme Court of the Russian Federation is determined by the Federal Constitutional Law of February 5, 2014 N 3-FKZ “On the Supreme Court of the Russian Federation”.

Article 28. Filing a claim at the place of residence or address of the defendant (as amended by Federal Law No. 451-FZ of November 28, 2018)

The claim is brought to the court at the place of residence of the defendant. A claim against an organization is filed in court at the organization's address.

Article 29. Jurisdiction at the choice of the plaintiff

1. A claim against a defendant whose place of residence is unknown or who does not have a place of residence in the Russian Federation may be brought to court at the location of his property or at his last known place of residence in the Russian Federation.

2. A claim against an organization arising from the activities of its branch or representative office may also be filed in court at the address of its branch or representative office. (as amended by Federal Law No. 451-FZ of November 28, 2018)

3. Claims for the collection of alimony and for establishing paternity may also be brought by the plaintiff to the court at the place of his residence.

4. Claims for divorce may also be brought to the court at the place of residence of the plaintiff in cases where there is a minor with him or, for health reasons, it is difficult for the plaintiff to travel to the place of residence of the defendant.

5. Claims for compensation for damage caused by injury, other damage to health or as a result of the death of the breadwinner may also be brought by the plaintiff to the court at the place of his residence or the place where the damage was caused.

6. Claims for the restoration of pension and housing rights, return of property or its value, related to compensation for losses caused to a citizen by illegal conviction, illegal criminal prosecution, illegal use of detention as a preventive measure, recognizance not to leave, or illegal imposition of administrative punishment in the form of an arrest, may also be presented to the court at the place of residence of the plaintiff. (as amended by Federal Law dated July 3, 2016 N 272-FZ)

6.1. Claims for the protection of the rights of the subject of personal data, including compensation for losses and (or) compensation for moral damage, may also be brought to the court at the plaintiff’s place of residence. (Part 6.1 introduced by Federal Law dated 05/07/2013 N 99-FZ)

6.2. Claims to stop the search engine operator from issuing links allowing access to information on the Internet information and telecommunications network may also be brought to the court at the plaintiff’s place of residence. (Part 6.2 introduced by Federal Law dated July 13, 2015 N 264-FZ)

6.3. Claims for restoration of labor rights may also be brought to the court at the plaintiff’s place of residence. (Part 6.3 introduced by Federal Law dated July 3, 2016 N 272-FZ)

7. Claims for the protection of consumer rights may also be brought to the court at the place of residence or place of stay of the plaintiff or at the place of conclusion or place of execution of the contract, except for the cases provided for in part four of Article 30 of this Code. (as amended by Federal Law dated July 18, 2019 N 191-FZ)

8. Claims for compensation for losses caused by collisions of ships, recovery of wages and other amounts due to ship crew members for work on board the ship, repatriation costs and social insurance contributions, collection of remuneration for providing assistance and rescue at sea may also be brought in the court at the location of the defendant's ship or the ship's home port. (Part 8 as amended by Federal Law dated 06.02.2012 N 4-FZ)

9. Claims arising from contracts, including labor contracts, which indicate the place of their execution, may also be brought to the court at the place of execution of such agreement. (as amended by Federal Law dated July 3, 2016 N 272-FZ)

10. The choice between several courts, which, according to this article, has jurisdiction over the case, belongs to the plaintiff.

Article 30. Exclusive jurisdiction

1. Claims for rights to land plots, subsoil plots, buildings, including residential and non-residential premises, structures, structures, and other objects firmly connected to the land, as well as for the release of property from seizure, are brought to the court at the location of these objects or seized property. (as amended by Federal Law No. 118-FZ of July 14, 2008)

2. Claims of the testator's creditors, brought before the acceptance of the inheritance by the heirs, are subject to the jurisdiction of the court at the place where the inheritance was opened.

3. Claims against carriers arising from contracts of carriage are filed in court at the address of the carrier to whom the claim was filed in the prescribed manner. (as amended by Federal Law No. 451-FZ of November 28, 2018)

4. Claims for the protection of the rights and legitimate interests of a group of persons, including consumer rights, are filed at the address of the defendant. (Part 4 introduced by Federal Law dated July 18, 2019 N 191-FZ)

Article 30.1. Jurisdiction of cases related to the implementation by courts of the functions of assistance and control in relation to arbitration courts (introduced by Federal Law of December 29, 2015 N 409-FZ)

1. An application for the annulment of decisions of arbitration courts and international commercial arbitrations adopted on the territory of the Russian Federation is submitted to the district court on the territory of which the decision of the arbitration court was made. By agreement of the parties to the arbitration proceedings, an application to cancel the decision of the arbitration court may be filed with the district court at the location or place of residence of one of the parties to the arbitration proceedings.

2. An application for the issuance of a writ of execution for the forced execution of decisions of arbitration courts and international commercial arbitrations adopted on the territory of the Russian Federation is submitted to the district court at the location or place of residence of the debtor or, if his location or place of residence is unknown, at the location of the property the debtor is a party to the arbitration proceedings. By agreement of the parties to the arbitration proceedings, an application for the issuance of a writ of execution for the forced execution of the arbitration court decision may be submitted to the district court in whose territory the arbitration court decision was made, or to the district court at the location or place of residence of the party to the arbitration proceedings in whose favor the decision was made arbitration court.

3. An application for the court to exercise assistance functions in relation to the arbitration courts specified in part two of Article 427.1 of this Code is submitted to the district court at the place where the relevant arbitration proceedings are held.

Article 31. Jurisdiction of several related cases

1. A claim against several defendants living or located in different places is brought to the court at the place of residence or address of one of the defendants at the choice of the plaintiff. (as amended by Federal Law No. 451-FZ of November 28, 2018)

2. A counterclaim is filed in court at the place where the original claim was considered.

3. A civil claim arising from a criminal case, if it was not brought or was not resolved during the criminal case, is brought for consideration in civil proceedings according to the rules of jurisdiction established by this Code.

Article 32. Contractual jurisdiction

The parties may, by agreement among themselves, change the territorial jurisdiction for a given case before the court accepts it for its proceedings. The jurisdiction established by Articles 26, 27 and 30 of this Code cannot be changed by agreement of the parties.

Article 33. Transfer of a case accepted by the court for its proceedings to another court

1. A case accepted by the court for its proceedings in compliance with the rules of jurisdiction must be resolved by it on its merits, at least in the future it will become the jurisdiction of another court, with the exception of cases of change of jurisdiction established by Articles 26 and 27 of this Code. (as amended by Federal Law No. 451-FZ of November 28, 2018)

2. The court transfers the case to another court of general jurisdiction if: (as amended by Federal Law No. 451-FZ of November 28, 2018)

1) the defendant, whose place of residence or location was not previously known, will file a petition to transfer the case to the court at his place of residence or location;

2) both parties filed a motion to consider the case at the location of the majority of the evidence;

3) when considering the case in this court, it turned out that it was accepted for proceedings in violation of the rules of jurisdiction;

4) after the recusal of one or more judges or for other reasons, replacement of judges or consideration of the case in this court becomes impossible. In this case, the transfer of the case is carried out by a higher court. The transfer of cases to be considered in the supreme court of the republic, a regional court, a court of a federal city, a court of an autonomous region or a court of an autonomous district is carried out by a cassation court of general jurisdiction. The transfer of cases to be considered in a court of appeal of general jurisdiction and a court of cassation of general jurisdiction is carried out by the Supreme Court of the Russian Federation. (Clause 4 as amended by Federal Law dated November 28, 2018 N 451-FZ)

2.1. If, during the consideration of a case in court, it turns out that it is subject to consideration by an arbitration court, the court transfers the case to the arbitration court, to whose jurisdiction it is assigned by law. (Part 2.1 introduced by Federal Law dated November 28, 2018 N 451-FZ)

3. A court ruling is issued regarding the transfer of a case to another court or the refusal to transfer a case to another court, against which a private complaint may be filed. The transfer of the case to another court is carried out after the expiration of the period for appealing this ruling, and in the case of filing a complaint - after the court has issued a ruling to dismiss the complaint without satisfaction. In the cases provided for in paragraph 4 of part two of this article, a ruling to transfer a case to another court or to refuse to transfer a case to another court comes into force from the date of adoption and is not subject to appeal. (as amended by Federal Law dated December 2, 2019 N 406-FZ) (part 3 as amended by Federal Law dated November 28, 2018 N 451-FZ)

4. A case sent from one court to another must be accepted for consideration by the court to which it was sent. Disputes about jurisdiction between courts in the Russian Federation are not allowed.

Article 33.1. Transition to consideration of the case according to the rules of administrative proceedings (introduced by Federal Law of November 28, 2018 N 451-FZ)

1. When applying to the court with an application containing several interrelated claims, some of which are subject to consideration in civil proceedings, others - in administrative proceedings, if separation of claims is impossible, the case is subject to consideration and resolution in civil proceedings.

2. When a statement of claim is submitted to the court, containing several claims, some of which are subject to consideration according to the rules of civil proceedings, and others - according to the rules of administrative proceedings, if their separate consideration is possible, the judge resolves the issue of accepting the claims subject to consideration in civil proceedings. . If other claims submitted to the court that are subject to consideration in administrative proceedings are within the jurisdiction of this court, the issue of their acceptance for proceedings is resolved by the judge in accordance with the legislation on administrative proceedings on the basis of copies of the statement of claim certified by him and the relevant documents attached to it. If other claims submitted to the court that are subject to consideration in administrative proceedings are not within the jurisdiction of this court, the judge returns the statement of claim regarding such claims in accordance with paragraph 2 of part one of Article 135 of this Code.

3. The court, having established during the preparation of a civil case for trial or trial in a civil case that it is subject to consideration in administrative proceedings, issues a ruling to proceed to consideration of the case according to the rules of administrative proceedings.

How much does divorce proceedings cost?

The cost of the divorce procedure depends on many factors:

• The amount of state duty that must be paid before filing a claim.
• Services of lawyers and attorneys. In this case, each specialist sets his own prices for the provision of services.

Lawyer services include:

• Legally competent drafting of a statement of claim.
• Collection of documents necessary for the court hearing.
• Representing the client's interests in court.

Features of the divorce procedure

According to the Family Code of the Russian Federation, spouses with minor children cannot divorce through the registry office; they need to go to court at the place of residence of the defendant. A statement of claim and a package of necessary documents are submitted to the court.

Documents are submitted to the magistrate's court in the following cases:

• There are no controversial issues between the parents regarding the residence and maintenance of the children; the issue of alimony was resolved by a peaceful agreement.
• The spouses settled all property issues on their own, and the division of joint property took place by agreement.

If parents have made the difficult decision to divorce through the courts and they have minor children together, the procedure should proceed peacefully and without scandals. In case of misunderstanding between the parties or conflict situations arise, the case will be transferred for consideration to the district court.

Not all citizens are legally literate and know how to correctly draw up a statement of claim. It is better to seek help from family law specialists. They have extensive experience in such cases, the lawyer will not only advise you on all issues of interest, but will help you competently draw up a claim and collect the necessary package of documents. If you wish to draw up and submit documents yourself, it is advisable to familiarize yourself with the sample statement of claim in advance.

What cases are not considered

The list of cases that can be heard in court is extensive. At the same time, the magistrate’s court does not consider:

• claims for property disputes, if the amount recovered exceeds 50 thousand rubles, for the PPP - 100 thousand rubles;
• divorces in the presence of minor children in the family, if issues regarding their upbringing, place of residence and other disputes for the children are resolved;
• cases of deprivation of parental rights and adoption of children;
• all criminal cases, if restriction of freedom is provided for more than 3 years;
• criminal and civil cases, if they should be considered by district or city courts.

Evgeniy Baidalin

Practicing lawyer in civil and arbitration cases. More than 8 years of experience, tel.

Ask a Question

Before filing an application with the court, you need to find out what territorial jurisdiction is there. You can view the information on the website of the State Automated System of the Russian Federation “Justice”.

What problems can be solved through the magistrate's court?

At the first meeting, after reviewing the submitted materials and listening to both sides, the magistrate can determine the following points:

• Who will the minor children stay and live with?
• How will the children communicate with the other parent in the future?
• Alimony payments - their amount and terms of transfer.

In some cases, spouses enter into a settlement agreement with a notary, where they resolve all issues related to the upbringing and financial support of children. Then the judge no longer considers these issues at the hearings.

If you apply for alimony through the court, experts advise paying special attention to the correct execution of the statement of claim. If the claim is completed with errors or inaccuracies, it will be returned to you and a court hearing will not be scheduled. And the payment of child support will be ordered by the judge only when considering a divorce case.

An obligatory point in the divorce process is the payment of state fees. Without the original receipts, you will not be able to file documents with the court. The legislation of the Russian Federation does not prohibit the applicant from submitting a request to defer payment of the state duty.

Administrative processes

Claims for administrative offenses, which are included in the scope of crimes considered by the magistrate's court, are established by Article No. 17.1 of the CAS of the Russian Federation. In recent years, various types of such offenses have been transferred to their competence. In most cases, the subject of the crime is an unlawful act in the field of public order. Examples of such violations are the following acts:

• being in public places while intoxicated;
• committing an act related to petty hooliganism;
• theft of material assets of small value;
• illegal actions in the field of entrepreneurship;
• violation of consumer rights due to non-compliance with current retail trade rules.

Among the most common violations of the law when an application is submitted to a magistrate is failure to comply with traffic rules. As a result of decisions, the magistrate imposes a punishment or stops the proceedings.

Such a decision is made if circumstances of the case are established that do not fall within the competence of the magistrate’s court. If an appropriate decision is made on the merits of the case under consideration, then the punishment takes legal force 10 days after the verdict is announced, in the absence of an application for appeal.