A magistrate's court is the body that deals with the consideration of justice. He is on the first step. Many are interested in what cases the justice of the peace considers . To know the principles of its work, you need to familiarize yourself with the main areas of activity.
Short story
Justices of the peace are prevalent everywhere. They were chosen to eliminate various problems. For the first time, a world court appeared in England in 1300. After that, organs began to appear everywhere. The court appeared on the territory of Russia in 1864, but it was closed and opened only in 1912.
Today the term “justices of the peace” is relevant. They are at the lowest level of the country's judicial system. Their work is interconnected with the Constitution, which defines the rights and duties of judges. Financing is provided from the federal budget.
What matters does a justice of the peace consider? He performs work on civil, administrative, criminal offenses, the punishment of which does not exceed 3 years in prison. Justices of the peace consider cases to what amount? A fine is assigned no higher than 100,000 rubles.
Civil Affairs
What cases are judges of the Russian Federation considering in civil law? Specialists work with the following questions:
- divorces if there are no problems with custody of children or deprivation of parental rights;
- division of property if the value of the claim is not more than 100,000 rubles;
- work with family relationships, disputes regarding paternity or motherhood;
- intellectual property cases, if the value of the claim is not more than 100,000 rubles;
- violation of labor law;
- use of property.
Let's consider what cases the justice of the peace considers . An equally important area is consumer protection. This area is affected by many disorders that occur daily for various reasons. For example, if a passenger purchased a train ticket, and he was detained for a day. By law, such a person must be provided with food and a place to live, because the situation arose through the fault of the transport company. A passenger has the right to apply to a magistrate's court.
Administrative law
What matters does a justice of the peace consider in administrative matters? This area includes hooliganism, drunken visits to public places, theft, non-compliance with traffic rules.
Judges deal with illegal trading activities, and their duties include many other similar cases. The specialist must consider the situation and make a fair decision.
Criminal proceedings
What criminal cases does a justice of the peace consider? Only those situations are solved that are not grave in nature, where the involvement of other organs is not required. The main issues include:
- minor injuries;
- beatings;
- harm to health;
- death threats and torture;
- slander;
- rape.
The list of cases may be long. Justices of the peace solve all problems for which the punishment will have a short term of restriction of freedom. This is a necessary instance of justice that protects society.
Judge Requirements
In every area of justice, new employees are needed who are ready to work to resolve conflicts. At the same time, the following requirements are presented to the judge:
- higher education;
- lack of criminal record;
- lack of ties with other states;
- legal capacity;
- the absence of any addiction;
- lack of serious illness.
The age of the justice of the peace must be more than 25 years, and the length of service from 5 years. A future law enforcement officer needs an impeccable reputation. Before applying for a job, you must pass an exam, as well as take a recommendation. If you have experience over 5 years, then such procedures are not required.
Where to go?
The application must be submitted at the place of residence of the defendant. If there are no reception rooms, then you should go to the department of magistrates. Many cities include public receptions.
You can apply at any department, but first you need to find out about the site, which works in the place of residence of the defendant. A preliminary application will be required.
When handling, it is important to provide copies and original documents. Also, confirmation of the repayment of the state duty, which with property issues is determined on the basis of the amount of the claim, will be required. And for problems of a non-property type, the tax will be fixed.
Timeline for consideration of the case
Within 5 days from the date of receipt of the application, the judge agrees to consider the situation of acceptance for production or rejection. In a criminal case, the start of proceedings begins within 3-14 days.
If the application with the administrative case is accepted, then it is considered up to 2 months, it all depends on the article. And for civil offenses, a period of up to 1 month is required.
Challenging the decision
This procedure has its own order. If the decision of the ordinary court can be appealed to a higher authority, the verdict of the justice of the peace can be reviewed in the district court. This should be taken into account so that the appeal period is not missed.
Differences from the traditional appeal process are in time. They are smaller in comparison with other authorities. For example, you can appeal to a district court in a criminal case within 1 month. If the decision is issued by the justice of the peace, the contest can only be carried out for 10 days. Knowing these features will allow you to competently resolve disputes.