Russia has a two-tiered court system with federal courts, and regional courts (or ‘courts of the subjects of the Russian Federation’).{{1}}
The federal courts are:{{2}}
- Constitutional Court of the Russian Federation;
- First and second instance courts in the subjects of the Russian Federation, military courts, specialized courts, Russian Federation Supreme Court, Russian Federation High Arbitration Court,{{3}} federal arbitration courts of cassation, arbitration appeal courts and arbitration courts of the subjects of the Russian Federation;
- The Disciplinary Judicial Presence (DJP).
The courts of the subjects of the Russian Federation are:{{4}}
- Constitutional (charter) courts of the subjects of the Russian Federation;
- Justices of the Peace.
The creation of extraordinary courts is not allowed.{{5}}
The courts are divided into constitutional courts, courts of general jurisdiction (including military courts) and courts of special jurisdiction (arbitration courts).
- Courts of general jurisdiction consider criminal, administrative and civil cases. The Supreme Court is the court of highest instance.{{6}} The other federal courts in this category are the supreme courts of republics, courts of territories, courts of cities of federal importance, courts of autonomous regions and courts of autonomous areas (all at the same level); and district (city) courts. Justices of the Peace, at the subject of the federation level, are also courts of general jurisdiction, but cannot adjudicate on cases of robbery, intentional homicide and employment dismissal.{{7}} Military courts (which are classified as courts of general jurisdiction) form a separate branch subordinate to the Supreme Court.{{8}}
- Arbitration Courts consider disputes in the economic sphere. The High Arbitration Court sat at the apex of this category.{{9}} However, a reform law adopted on 22 November 2013{{10}} has abolished the High Arbitration Court and extended the Supreme Court’s jurisdiction, which has now become the single supreme judicial body to deal with civil, criminal and administrative, as well as economic disputes, and any other cases under the jurisdiction of the courts. The change purports to guarantee a unified approach in administering justice. However, the reform puts into question the preservation of the achievements of the High Arbitration Court, which has often been commended as a jurisdiction with a greater autonomy and independence.{{11}}
- The category of constitutional courts includes both the Constitutional Court of the Russian Federation and the constitutional courts of each of the subjects of the Russian Federation. They consider, among other things, the compliance of the laws of the Russian Federation with the Constitution of the Russian Federation and compliance of the laws of the subjects of the Russian Federation with their Constitutions (Charters).{{12}} The Constitutional Courts implement judicial power separately and independently by means of constitutional judicial proceedings.{{13}} Constitutional courts of the subjects of the Russian Federation are not subordinate to the Constitutional Court of the Russian Federation.
The Disciplinary Judicial Presence (DJP), a federal court, was established in 2010 to hear appeals against the decisions of the High Qualification Collegiums and Qualification Collegiums (cf. infra) in cases involving judges’ dismissal.{{14}}
[[1]]1. See Law on the Bodies of the Judicial Corps in the Russian Federation, [expand title=”Article 1.”]
The Judicial Corps in the Russian Federation (hereinafter referred to as the Judicial Corps) is made up of judges of federal courts of every type and level, judges of courts of the subjects of the Russian Federation, all of whom constitute the judicial system of the Russian Federation.
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[[2]]2. Federal Constitutional Law on the Judicial System, [expand title=”Article 4(3).”]
The federal courts shall be: the Constitutional Court of the Russian Federation; the Supreme Court of the Russian Federation, the supreme courts of the republics, area and region courts, the courts of the federal significance cities/towns, the courts of autonomous region, district courts, military and specialized courts constituting the system of federal courts of general jurisdiction; the Higher Arbitration Court of the Russian Federation, the federal arbitration courts of the regions, (arbitration cassation courts), arbitration appellate courts, the arbitration courts of the constituent members of the Russian Federation constituting the system of federal arbitration courts.
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[[3]]3. Note, however, the recent amendments discussed below, which will abolish the High Arbitration Court.[[3]]
[[4]]4. Federal Constitutional Law on the Judicial System, [expand title=”Article 4(4).”]
The courts of the constituent members of the Russian Federation shall be: the constitutional (charter) courts of the constituent members of the Russian Federation and justices of the peace, being the judges of general jurisdiction of the constituent members of the Russian Federation.
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[[5]]5. Constitution, [expand title=”Article 118.”]
1. Justice in the Russian Federation shall be administered by courts alone.
2. The judicial power shall be exercised by means of constitutional, civil, administrative and criminal proceedings.
3. The judicial system of the Russian Federation shall be instituted by the Constitution of the Russian Federation and the federal constitutional law. The creation of extraordinary courts shall not be allowed.
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[[6]]6. Constitution, [expand title=”Article 126.”]
The Supreme Court of the Russian Federation shall be the supreme judicial body for civil, criminal, administrative and other cases under the jurisdiction of common courts, shall carry out judicial supervision over their activities according to federal law-envisaged procedural forms and provide explanations on the issues of court proceedings.
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[[7]]7. Federal Law of 17 December 1998 No. 188-FZ on the Justices of the Peace in the Russian Federation.[[7]]
[[8]]8. See Council of Europe, ‘The court system of the Russian Federation’.[[8]]
[[9]]9. Constitution, [expand title=”Article 127;”]
The Higher Arbitration Court of the Russian Federation shall be the supreme judicial body for settling economic disputes and other cases examined by courts of arbitration, shall carry out judicial supervision over their activities according to federal law-envisaged procedural forms and provide explanations on the issues of court proceedings.
[/expand] International Commission of Jurists, The State of the Judiciary in Russia (November 2010), p. 8.[[9]]
[[10]]10. Bill No. 352924-6, “About the Supreme Court of the Russian Federation and Prosecutor’s Office of the Russian Federation”.[[10]]
[[11]]11. See e.g., New York Times, Legislation Merging Russia’s 2 Top Courts Stokes Worries (6 February 2014).[[11]]
[[12]]12. Constitution, [expand title=”Article 125.”]
1. The Constitutional Court of the Russian Federation consists of 19 judges.
2. The Constitutional Court of the Russian Federation upon requests of the President of the Russian Federation, the Council of the Federation, the State Duma, one fifth of the members of the Council of the Federation or of the deputies of the State Duma, the Government of the Russian Federation, the Supreme Court of the Russian Federation and the Higher Arbitration Court of the Russian Federation, the bodies of legislative and executive power of the subjects of the Russian Federation shall consider cases on the correspondence to the Constitution of the Russian Federation of:
a) federal laws, normative acts of the President of the Russian Federation, the Council of the Federation, the State Duma, the Government of the Russian Federation;
b) the constitutions of republics, charters, and also the laws and other normative acts of subjects of the Russian Federation adopted on issues under the jurisdiction of the bodies of state authority of the Russian Federation or under the joint jurisdiction of the bodies of state authority of the Russian Federation and the bodies of state authority of the subjects of the Russian Federation;
c) treaties concluded between the bodies of state authority of the Russian Federation and the bodies of state authority of the subjects of the Russian Federation, treaties concluded between the bodies of state authority of the subjects of the Russian Federation;
d) international treaties and agreements of the Russian Federation which have not come into force.
3. The Constitutional Court of the Russian Federation shall resolve disputes on jurisdiction:
a) between the federal bodies of state authority;
b) between the bodies of state authority of the Russian Federation and the bodies of state authority of the subjects of the Russian Federation;
c) between the higher bodies of state authority of the subjects of the Russian Federation.
4. The Constitutional Court of the Russian Federation, upon complaints about violations of constitutional rights and freedoms of citizens and upon court requests shall check, according to the rules fixed by federal law, the constitutionality of a law applied or subject to be applied in a concrete case.
5. The Constitutional Court of the Russian Federation, upon the requests of the President of the Russian Federation, the Council of the Federation, the State Duma, the Government of the Russian Federation, the bodies of the legislative power of the subjects of the Russian Federation, shall give its interpretation of the Constitution of the Russian Federation.
6. Acts or their provisions recognised as unconstitutional shall become invalid; international treaties and agreements not corresponding to the Constitution of the Russian Federation shall not be liable to enforcement and application.
7. The Constitutional Court of the Russian Federation, upon the request of the Council of the Federation, shall provide a conclusion on the observance of the fixed procedure for advancing charges of treason or of another grave crime against the President of the Russian Federation.
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[[13]]13. Federal Constitutional Law on the Judicial System, [expand title=”Article 18(1);”]
The Constitutional Court of the Russian Federation shall be a judicial body of constitutional control implementing judicial power separately and independently by means of constitutional judicial proceedings.
[/expand] Federal Constitutional Law on the Constitutional Court of the Russian Federation, [expand title=”Article 1.”]
The Constitutional Court of the Russian Federation shall be the judicial body of constitutional review, exercising judicial authority autonomously and independently, by means of constitutional judicial proceedings.
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[[14]]14. Federal Constitutional Law of the Russian Federation About Disciplinary Judicial Presence, [expand title=”Article 1.”]
Disciplinary judicial presence is the judicial authority considering cases on claims to decisions of the Highest qualifying board of judges of the Russian Federation and qualifying boards of judges of subjects of the Russian Federation about early termination of powers of judges for making by them of minor offenses (further – the claim) and to the addresses on decisions of the Highest qualifying board of judges of the Russian Federation and qualifying boards of judges of subjects of the Russian Federation on refusal in early termination of powers of judges for making of minor offenses by them (further – the address).
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