The justice of the peace is required to personally examine each case. In the hierarchy of the judicial system, a justice of the peace is a court of first instance. Business management is subject to federal laws and relevant codes. Supervisory authority - federal court at the location.
Boundaries of authority
Cases transferred to the powers of a justice of the peace are dealt with in the same manner as in other instances. If we talk about the direction of the magistrateβs jurisdiction, he is authorized to conduct criminal cases, if they are not classified as grave or especially grave. There are no restrictions on administrative and civil cases. In practice, divorce cases are often referred if there is no property to be divided.
The powers specified by law are as follows:
- justice on a fair basis;
- control over the execution of court decisions;
- control over the execution of sentences;
- participation in improving the judicial system as a whole;
- Compliance and the requirement of legality from local authorities and officials.
Business Dates
In the Russian Federation there are two types of laws: federal and territorial. But this does not apply to judicial law. All issues in this industry are resolved on the basis of federal laws. Also, all territorial units should be guided only by this law. Justices of the peace in Orenburg are no exception.
Another frequent reason for citizens to appeal to justices of the peace is the resolution of labor disputes. Although this issue falls within the remit of the labor inspectorate, there are a number of provisions and articles in which disputes are referred to magistrates. Terms in such cases depend on the qualifications of the case.
In general, the deadlines are as follows:
- administrative affairs - up to 15 days;
- the deadline for the consideration of civil cases is 30 days;
- when considering criminal cases, the time depends on the severity of the crime.
On the administrative part, justices of the peace often resolve property disputes and alimony recovery.
Justices of the peace of the Orenburg region
The activity of this body is regulated by a specially adopted law of the same name of 1999 under number 345. The document is based on the Law on Justices of the Peace in the Russian Federation. According to this law, justices of the peace in Orenburg are part of the judicial system of the Russian Federation.
The structure of this area includes 112 judicial plots. It is the responsibility of the Federal District Court to elect judges for each precinct. If for one reason or another the justices of the peace of Orenburg have not yet been elected, then before the election, the cases must be referred to the district department of the federal court.