The institute of magistrates was established in the Russian legal system. What are its features? What regulations govern the activities of the relevant judicial institutions?
What is the institution of magistrates?
Before considering what the law on justices of the peace in Russia is in effect, let us examine a little the features of the corresponding legal institution.
First of all, it is worth noting that justices of the peace work at the level of first instance. Their main specialization is the consideration of disputes related to offenses with small damage, as well as property claims with low cost. One of the goals of a dispute between the parties to a dispute may be the conclusion of an amicable agreement - a legal act recognizing that parties to legal relations have no mutual claims.
Legislation of the Russian Federation on Magistrates' Courts
Let us now consider how the activities of the relevant legal institutions are regulated by Russian law. The main source of law here is Federal Law 188-FZ “On Justices of the Peace”, adopted on December 17, 1998. It regulates in general all the key nuances of organizing the work of judges, as well as ensuring the activities of the relevant institutions. In fact, this is both the Law on the Appointment of Justices of the Peace, and the legal act defining the jurisdiction of cases to the relevant authorities, as well as the source of norms, which determines how the powers of these institutions are distributed territorially.
Let us now examine in more detail the main provisions of the Federal Law No. 188.
Determination of justices of the peace in accordance with the law
The Law on Justices of the Peace assigns the corresponding legal institution to courts of general jurisdiction that operate at the level of constituent entities of the Russian Federation, and at the same time are part of the judicial system of the state. This normative act contains formulations according to which the powers, as well as the procedure for the work of justices of the peace, as well as the criteria for establishing their posts, are determined by the Constitution of Russia, the Federal Law on the Judicial System and other regulatory sources at the federal level, while the procedure for appointment, as well as the implementation of the activities of judges may be established at the level of legal acts in the subjects.
At the same time, a regional legal act or a regulatory source at the federal law level should not include language that would contradict what any federal constitutional law contains . Modern experts talk about justices of the peace as a significant legal institution, therefore, its regulation can be carried out at the highest level of Russian legal acts. But one way or another, a significant amount of provisions regulating the activities of the relevant institutions is concentrated precisely in the Federal Law No. 188.
The Law on Justices of the Peace in Russia contains wordings according to which decisions that are adopted at the level of this legal institution and have become effective, as well as other regulatory acts of the courts, are binding on all Russian authorities, institutions, individuals and legal entities and therefore, they must be executed throughout the territory of the Russian Federation.
In accordance with the rules of Federal Law-188, justices of the peace, as well as members of their families, have guarantees related to the status of citizens carrying out activities at the level of the legal institution under consideration. We are talking about guarantees: independence of judges, immunity, material support, social support.
We will study what competences of justices of the peace are established by the legislation of the Russian Federation. We noted above that Federal Law No. 188 is actually the law of jurisdiction of justices of the peace. It is in its provisions that the key competencies of representatives of the relevant authorities are defined.
Judges Competencies
Federal Law on Justices of the Peace No. 188-FZ establishes the following competencies for representatives of the instances in question:
- criminal cases related to offenses that punish not more than 3 years in prison - in accordance with the provisions of Art. 31 Code of Criminal Procedure ;
- cases related to execution of court orders;
- divorce disputes - if there is no disagreement between the spouses over the children;
- disputes on the distribution between spouses of property whose value does not exceed 50,000 rubles;
- other matters that arise in the field of family relations, with the exception of those related to the challenge of the right to fatherhood or motherhood, to establish the relevant rights or their deprivation or restriction, adoption or adoption of children, as well as related to other disagreements about children, issues recognition of marriage between citizens invalid;
- property disputes between citizens, if it is not a question of inheritance, as well as assets that are a product of intellectual activity - provided that the cost of the claim does not exceed 50,000 rubles;
- cases related to the establishment of the procedure for the use of a property;
- cases related to administrative offenses if their consideration is directly related to the competence of a justice of the peace by law.
Apart from the above list of competencies, other matters may be attributed to the jurisdiction within the framework of the legal institution under consideration. The Law on Justices of the Peace of the Russian Federation also contains the wording according to which cases can be considered in the courts at the appropriate level in the framework of newly discovered circumstances, despite the fact that certain decisions at the first instance level were previously taken and entered into force. A judge representing the institution of law in question is considering disputes that fall solely within his competence.
Let us examine now how the legislation of the Russian Federation regulates the activity of the plots in which magistrates operate.
Court plots under magistrate law
Federal Law No. 188, as we noted above - the Law on the creation of sections of justices of the peace. What norms does it include in terms of regulating the organization of work of relevant institutions?
It determines that the work of judges representing the relevant legal institution is carried out within the established boundaries of a particular area in certain areas. The Law on Justices of the Peace contains the wording according to which the total number of people in this profession, as well as sections in a particular subject of the Russian Federation, is determined at the level of federal law, but at the initiative of regional authorities with the approval of the RF Armed Forces. Or on the initiative of the Armed Forces of the Russian Federation, but in coordination with the authority of the subject of the Russian Federation.
The plots in question, as well as the positions of judges, should be created as well as abolished through the publication of regional legal acts. It is estimated that 15 to 23 thousand citizens will be served at 1 site. If the municipality has less than 15 thousand people, then 1 judicial section is formed in it . Cases examined at the appropriate level must be transferred to the jurisdiction of another institution in case it is planned to abolish a particular section or the position of a judge.
In cases provided for by law, the chairmen of district courts may refer cases, which in the general case are within the competence of a judge in a certain area, for consideration by institutions in other territories. The Federal Law on Justices of the Peace includes the wording according to which criminal, civil cases, as well as those related to administrative offenses, consideration of claims and issuance of court orders can be referred to under this scheme.
Appointment of Justice of the Peace: Candidate Requirements
Let us examine what requirements citizens who apply for the post of justice of the peace must meet. The main source of law that defines the relevant criteria is the Law of the Russian Federation “On the Status of Judges”. In this sense, these requirements are no different from those established for representatives of the judiciary, as well as for candidates for relevant posts, for other instances. However, these norms should be applied taking into account the provisions of Federal Law No. 188. In particular, they may relate to the procedure for appointing or electing citizens to the position of justice of the peace.
Election of Justices of the Peace
The procedure in question is carried out with the participation of the legislative authority at the level of the constituent entity of the Russian Federation or the population who resides in the relevant judicial section. Moreover, the procedure for the election of justices of the peace shall be established by a legal act adopted in the region. The Law on Justice of the Peace of the Russian Federation includes the wording according to which no later than 6 months before the term of office of the current judge expires, and if they are terminated early, no later than 10 days after the vacancy of the judge, it must be announced that the corresponding position is open. Information about this is published in the media.
The relevant announcements reflect information about the time and place of receiving applications from citizens applying for the post of judge, as well as when and where these documents will be considered. The term of office of a judge, which will be appointed following the results of consideration of applications, should begin no earlier than the day that follows the day when the powers of the current judge ceased.
Judge Term
The Federal Law on Justices of the Peace in the Russian Federation establishes specific terms of office for a representative of the institution in question. So, a justice of the peace is appointed or elected to his post for no more than 5 years. Moreover, the authorities of the region of the Russian Federation have the right to reduce this period. Upon its expiration, however, a citizen has the right to re-apply for the post of justice of the peace. If a citizen was re-elected to the appropriate position, then his term of office should also not exceed 5 years or be equal to what is defined in regional legal acts. A justice of the peace may carry out his activities before he turns 70 years old. After - his powers are terminated in accordance with the law.
Termination of Judge
The Law on the Activities of Justices of the Peace thus contains wordings according to which the powers of representatives of the respective institutions may be terminated. It can be noted that the list of grounds for this is determined by the Law of the Russian Federation “On the Status of Judges”, but in the course of applying the provisions of this LA, the norms fixed in Federal Law No. 188 should be taken into account.
The powers of a justice of the peace shall terminate:
- on the last day of the month in which his powers expire or the month in which the judge turns 70 years old;
- the day after the day when the decision of the panel of judges enters into force, according to which the powers of the representative of the institution in question are terminated ahead of schedule.
In addition, the powers of a judge may be suspended by the panel in the framework of other mechanisms provided for by the provisions of the Law of the Russian Federation “On the Status of Judges”.
If the powers of the judge were suspended or terminated, as well as in the temporary absence of a citizen in the relevant position, the performance of his labor duties is carried out by the justice of the peace, who works in another area in the same area. At the same time, a separate resolution of the chairman of the court in the relevant region is issued. In the event that only 1 justice of the peace works in this territory, his powers are transferred to the level of the authority carrying out activities in the immediate area.
In cases provided for by law, the performance of the duties of a judge representing the institution in question may be assigned to judges who are retired. In this case, it does not matter on which site they worked earlier.
Let us now examine how the Law on the Status of Justices of the Peace regulates the procedure for ensuring the activity of the relevant instances.
Judicial Support
The main role in supporting the justices of the peace is played by their apparatuses. Its structure, as well as the staffing should be determined in the laws adopted at the level of the subject of the Russian Federation. At the same time, the staff of the apparatus have the status of civil servants and work in accordance with the legislation in whose jurisdiction is the regulation of legal relations in the civil service.
The work of justices of the peace is funded with the participation of the Judicial Department, which operates under the RF Armed Forces. This structure is responsible for transferring salaries, remuneration to judges, providing them with various social privileges provided for by the legislation of the Russian Federation.
Structures at the level of the executive branch of the region of the Russian Federation are responsible for the material support of the activities of representatives of the respective institutions. Moreover, in cases established by law, the Judicial Department, which operates under the RF Armed Forces, can also be involved in solving this problem. This structure is also responsible for recovering the costs of disputes that are adjudicated by justices of the peace.
So, we have studied the main provisions contained in the Federal Law on Justices of the Peace of the Russian Federation. It will also be useful to consider the assessment of the activities of this legal institution by experts.
Institute of Justices of the Peace in Russia: Expert Assessments
First of all, among lawyers there is a widespread point of view according to which the status of a justice of the peace, in fact, is of a dual nature. On the one hand, their activities are carried out within the framework of the subject of the Russian Federation, and therefore are regulated by the provisions of regional sources of law. On the other hand, a representative of the relevant institution is also part of the unified judicial system of the state and issues decisions on behalf of the Russian Federation.
According to experts, the adoption of the law on justices of the peace in Russia was accompanied by discussions on the role of representatives of these legal institutions in the system of government. So, one of the popular concepts contained theses on which a magistrate's court should carry out its activities at the level of first instance and, thus, acquire powers characterizing the work of, in particular, district courts, which would increase the efficiency of legal proceedings. At the same time, it was necessary to ensure the spread of jurisdiction of decisions of the relevant institutions at the federal level. Thus, among experts, the point of view on which the work of justices of the peace should to a greater extent reflect the federal level of consideration of issues of the activity of these structures has also spread. In particular, decisions on the appointment of judges and on the financial and material support of their activities could be made at the appropriate level.
One way or another, the adoption of the law on justices of the peace was carried out in those formulations according to which the duality of their activity was generally preserved. Above, we examined the provisions of Federal Law No. 188 that, on the one hand, the work of representatives of these judicial institutions is connected with the adoption of decisions on behalf of the Russian Federation, and on the other, the procedure for ensuring their activities largely depends on the results of the work of lawmakers in the regions. This mechanism can be considered by experts as sufficiently effective, since, on the one hand, it does not limit the jurisdiction of judges of the peace, and on the other, it takes into account the regional specifics of legal relations.
In addition, it can be noted that at the level of the main federal regulatory act - Federal Law No. 188, there are formulations that limit the ability of regions to adopt standards that differ significantly from those that reflect the interests of the federal center. For example, in terms of setting deadlines for the powers of a justice of the peace. It cannot, as we already know, last more than 5 years, however, its specific duration may be less than the limit value, and this depends on the position of the regional legislator.
One way or another, the legal institute of justices of the peace is considered by experts as extremely significant from the point of view of developing jurisprudence in Russia, improving the legal culture of citizens, and improving the system of public administration. The Law on Justices of the Peace is a fairly balanced legal act, which, on the one hand, provides a significant amount of authority to regions in terms of regulating the activities of these institutions, and on the other hand, it contains formulations that help preserve the integrity of the state judicial system of the Russian Federation in terms of expanding the jurisdiction of decisions of the world judges, as well as providing support for their activities by federal structures.