Judicial board in civil matters, what is it and what is its competence? How does it shape and carry out its tasks? Are there any additional requirements for accessing it?
Regulatory aspects
The judicial collegium for civil cases, where provided, works primarily based on the norms of the Constitution and federal laws.
So, for example, the Russian Federation adopted a law on courts of general jurisdiction and a law on the Supreme Court.
Normative acts regulate the procedure for their functioning, organization of activities, without affecting the procedure for submitting applications and their consideration.
Which courts are created in?
Judicial collegiums for civil cases are created within the framework of institutions of a subject level (region, republic, autonomous okrug, city of federal significance).
How are judges recruited? Already experienced professionals who have worked in district courts fall at this level. Before getting to the district court, some lawyers previously work as justices of the peace. So people who know well how the system as a whole works and who know the intricacies of all procedures are appointed to these positions.
Formation order
After being appointed to a position, a judge shall be admitted to the college by decision of the court management. Cases are handed over to him in the light of disputes before him. The law does not prohibit the head of the court from transferring judges to other colleges to ensure the timely settlement of disputes.
Board Tasks
Why don't judges start a career with a second instance? Institutions at this level consider resonant or significant cases in the first instance according to their competence (the list is given in the articles of the Civil Procedure Code). Their main task is to fulfill the tasks of the appellate court.
In addition to the actual judicial work, additional tasks are added:
- generalization of judicial practice;
- analysis of judicial statistics.
Appeal proceedings
The judicial collegiums for civil cases are primarily involved in appeal review:
- their subject matter is consideration of appeals and final court decisions;
- consideration of private complaints or protests against interim rulings filed by process participants and prosecutors.
All applications are considered without exception. What powers do judges have?
- cancel the decision and make a new one;
- cancel the decision and terminate the proceedings;
- leave the decision in force;
- change the decision in part.
Today, cases for review are no longer sent to the first instance.
In the case of private complaints, two types of decisions are made:
- leaving the appealed definitions unchanged;
- change or complete cancellation of the appealed determination, substantive resolution of the issue (for example, the appointment of a new examination).
Practice summary
The courts of the subjects periodically, according to the work plan or at the request of the Armed Forces of the Russian Federation, summarize the judicial practice. It is entrusted to one or more judges.
A summary or review is a case study by category. For example, in one of the courts investigated the materials for the alimony.
The judges identified:
- mistakes made by citizens when submitting applications;
- mistakes made by the judges of the first instance;
- approaches to consideration, which are considered, in the opinion of the subject court, correct.
The study is carried out with specific examples. It shows what the error is and how it was fixed.
Statistical Report
The regional judicial collegiums for civil cases once every six months draw up a report on their work:
- how many cases were reviewed during the period;
- how many complaints were fully or partially satisfied;
- how many complaints were denied;
- how often the judges did not have time to sort out the cases at the appointed time.
Board of Civil Cases of the Supreme Court
Its primary task is the consideration of cassation complaints against decisions of lower courts. The college is divided into judicial structures, which are valid for 3 years. If necessary, judges are transferred from one board to another by decision of the President of the court.
In the Armed Forces of the Russian Federation, the judicial board for civil cases is primarily involved in cassation appeals. Also, by analogy with the courts of the entities, practice reviews are compiled and a statistical report is maintained.
Production Features
The complaint materials are handed over to one of the judges, he checks it for compliance with formal requirements. The same judge decides on the merits of the complaint.
As a rule, the judge makes a ruling that refuses the applicant to transfer the case to the board. In essence, units are understood, in general statistics they occupy fractions of a percent of the total mass of cases.
The formal reason is references to a reassessment of facts, and not to substantial violations of procedural law.
If the judge considers the complaint to be worthy of attention, he seeks out the case and submits it with the complaint to the panel for consideration. It is not a fact that the board will then agree with the applicant's arguments. Most often, applicants receive a ruling from the civil panel of judges.
The law assumes the following results:
- previously adopted acts are canceled and production ceases;
- all or some decisions are canceled, and the correct one is retained, according to the judges;
- all previously adopted acts are canceled, and the case is referred for consideration to the first or appeal court.
Although formally the court does not predetermine a future decision of a lower court, its indication of errors is of serious importance. They are mandatory for correction, but not always performed. This leads to further appeals.
The court cancels the previously adopted acts of the courts and makes its own decision extremely rarely.