Supreme Court of the Russian Federation
Encyclopedia
The Supreme Court of the Russian Federation (Russian
: ) is the court of last resort in Russia
n administrative law
, civil law
and criminal law
cases. It also supervises the work of lower courts. Its predecessor is the Supreme Court of the Soviet Union.
. In order to become a judge, a person must be a citizen of Russia, be at least 35 years old, have a legal education, and have at least 10 years of service.
The Supreme Court consists of the Judicial Panel for Civil Affairs, the Judicial Panel for Criminal Affairs, and the Military Panel, which deal with respective cases. Those cases in which the Supreme Court is the original jurisdiction are heard by the panels. Appeals of the decisions of the panels are brought to the Cassation Panel. Whereas a panel reviews the decisions of lower courts, an appeal is brought to the Presidium of the Supreme Court.
Plenary sessions of the Supreme Court are held at least once every four months. A plenary session must be attended by all judges of the Supreme Court and the Prosecutor General of Russia
. At plenary sessions the Supreme Court studies the judicial decisions of lower courts on various topics and adopts resolutions, which establish recommendations on the interpretation of particular provisions of law for lower courts for uniform application. Russian law does not recognize judicial precedent
as a source of law, but courts strictly follow such recommendations; otherwise, decisions contrary to the recommendations of the Supreme Court will be reversed.
The Academic Consultative Council attached to the Supreme Court of the Russian Federation (Научно-консультативный совет при Верховном Суде Российской Федерации) is a body created in order to assist the Supreme Court in various legal and academic matters. It comprises members of the Supreme Court itself, academics, practicing lawyers, and law enforcement officers. The members of the Academic Consultative Council are elected at plenary sessions of the Supreme Court.
in certain cases. Those include: challenging of individual acts of the Federal Assembly
and decrees of the President of Russia and the Government of Russia
; challenging of delegated legislation of governmental agencies; termination of political parties and all-Russian NGOs; challenging of actions of Central Electoral Commission of Russia when organizing presidential elections
, State Duma
elections or referendum
. The Supreme Court may also hear criminal cases against members of the Federation Council of Russia
and the State Duma
and federal judges by their discretion.
The Supreme Court is also the court of last resort for cases heard in lower courts since it reviews decisions of lower courts. When petition requesting reverse of a decision of a Supreme Court of Federal Subject comes to the Supreme Court it is observed by one of the judges of the Supreme Court. He may either submit it to respective Board or decline to do it if he finds decision of a lower court "lawful and well-grounded" (common legal expression in Russian courts). The Supreme Court may either affirm or reverse the decision of a lower court. If it is reversed the Supreme Court either renders its own resolution or provides that the case is to be reheard in lower courts.
Russian language
Russian is a Slavic language used primarily in Russia, Belarus, Uzbekistan, Kazakhstan, Tajikistan and Kyrgyzstan. It is an unofficial but widely spoken language in Ukraine, Moldova, Latvia, Turkmenistan and Estonia and, to a lesser extent, the other countries that were once constituent republics...
: ) is the court of last resort in Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
n administrative law
Administrative law
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...
, civil law
Private law
Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems...
and criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
cases. It also supervises the work of lower courts. Its predecessor is the Supreme Court of the Soviet Union.
Composition
Supreme Court judges are nominated by the President of Russia and appointed by the Federation CouncilFederation Council of Russia
Federation Council of Russia ) is the upper house of the Federal Assembly of Russia , according to the 1993 Constitution of the Russian Federation...
. In order to become a judge, a person must be a citizen of Russia, be at least 35 years old, have a legal education, and have at least 10 years of service.
The Supreme Court consists of the Judicial Panel for Civil Affairs, the Judicial Panel for Criminal Affairs, and the Military Panel, which deal with respective cases. Those cases in which the Supreme Court is the original jurisdiction are heard by the panels. Appeals of the decisions of the panels are brought to the Cassation Panel. Whereas a panel reviews the decisions of lower courts, an appeal is brought to the Presidium of the Supreme Court.
Plenary sessions of the Supreme Court are held at least once every four months. A plenary session must be attended by all judges of the Supreme Court and the Prosecutor General of Russia
Prosecutor General of Russia
The Prosecutor General of Russia heads the system of official prosecution in courts known as the Office of the Prosecutor General of Russian Federation ....
. At plenary sessions the Supreme Court studies the judicial decisions of lower courts on various topics and adopts resolutions, which establish recommendations on the interpretation of particular provisions of law for lower courts for uniform application. Russian law does not recognize judicial precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
as a source of law, but courts strictly follow such recommendations; otherwise, decisions contrary to the recommendations of the Supreme Court will be reversed.
The Academic Consultative Council attached to the Supreme Court of the Russian Federation (Научно-консультативный совет при Верховном Суде Российской Федерации) is a body created in order to assist the Supreme Court in various legal and academic matters. It comprises members of the Supreme Court itself, academics, practicing lawyers, and law enforcement officers. The members of the Academic Consultative Council are elected at plenary sessions of the Supreme Court.
Powers
The Supreme Court of the Russian Federation has original jurisdictionOriginal jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
in certain cases. Those include: challenging of individual acts of the Federal Assembly
Federal Assembly of Russia
The Federal Assembly of Russia is the legislature of the Russian Federation, according to the Constitution of Russian Federation, 1993...
and decrees of the President of Russia and the Government of Russia
Government of Russia
The Government of the Russian Federation exercises executive power in the Russian Federation. The members of the government are the prime minister , the deputy prime ministers, and the federal ministers...
; challenging of delegated legislation of governmental agencies; termination of political parties and all-Russian NGOs; challenging of actions of Central Electoral Commission of Russia when organizing presidential elections
Elections in Russia
On the federal level, Russia elects a president as head of state and a legislature, one of the two chambers of the Federal Assembly. The president is elected for at most two six-year terms by the people . The Federal Assembly has two chambers...
, State Duma
State Duma
The State Duma , common abbreviation: Госду́ма ) in the Russian Federation is the lower house of the Federal Assembly of Russia , the upper house being the Federation Council of Russia. The Duma headquarters is located in central Moscow, a few steps from Manege Square. Its members are referred to...
elections or referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
. The Supreme Court may also hear criminal cases against members of the Federation Council of Russia
Federation Council of Russia
Federation Council of Russia ) is the upper house of the Federal Assembly of Russia , according to the 1993 Constitution of the Russian Federation...
and the State Duma
State Duma
The State Duma , common abbreviation: Госду́ма ) in the Russian Federation is the lower house of the Federal Assembly of Russia , the upper house being the Federation Council of Russia. The Duma headquarters is located in central Moscow, a few steps from Manege Square. Its members are referred to...
and federal judges by their discretion.
The Supreme Court is also the court of last resort for cases heard in lower courts since it reviews decisions of lower courts. When petition requesting reverse of a decision of a Supreme Court of Federal Subject comes to the Supreme Court it is observed by one of the judges of the Supreme Court. He may either submit it to respective Board or decline to do it if he finds decision of a lower court "lawful and well-grounded" (common legal expression in Russian courts). The Supreme Court may either affirm or reverse the decision of a lower court. If it is reversed the Supreme Court either renders its own resolution or provides that the case is to be reheard in lower courts.
See also
- Judiciary of Russia
- The state of the judiciary in Russia International Commission of Jurists, 2010