What issues and cases are considered by the magistrate’s court - answers from a lawyer

The first justices of the peace in the Russian Empire appeared as a result of judicial reform under Alexander II. This institute was created to consider minor criminal and civil cases, with claims not exceeding 500 rubles. Justices of the peace were not appointed, but elected. It is interesting that the priority was not their education, but personal and human qualities, respect by the population, and authority in society. A fairly simple and accessible procedure for considering cases was created.

Justices of the peace were supposed to be as close to the people as possible. Unlike other courts, the magistrate had to respond not only to written statements and complaints, but also to oral ones, and could consider cases directly at the scene of the incident.

All formalities were kept to a minimum, no fees or stamp papers were paid. Solutions were simply written down in a book specially designed for this purpose. World justice existed in this form for 25 years and was abolished.

Subsequently, there were short-term attempts to revive it. Until finally, on December 17, 1998, the Federal Law “On Magistrates in the Russian Federation” was adopted, which to this day regulates the activities of magistrates’ courts.

Magistrates' courts are the first lower courts in the system of courts of general jurisdiction. The justice of the peace considers cases submitted to him only individually.

The essence and purpose of the world court

Magistrates' courts are part of the general judicial system of the Russian Federation. The cases that magistrates consider, their composition, powers, and procedures are established by the Constitution of the Russian Federation, Federal and constitutional laws (including the main one - “On magistrates in the Russian Federation” of December 17, 1998, hereinafter referred to as the Law on MC), laws of subjects.

This is the first of the stages of judgment. Considers cases of general jurisdiction, of minor complexity, through a simplified procedure. One month is allocated for consideration of the claim (and for issuing a court order - only five days).

The World Court considers claims only as a first instance. At the same time, the concepts of a magistrate’s court and a magistrate’s judge are equivalent, since in this court there is only a sole consideration of the issue by one person. The judge also considers cases based on new circumstances discovered later, if the size of the claim has not changed or the punishment does not exceed the previous one.

The world court consists of one judge, so in this case these are identical concepts

There is one interesting rule that helps to clearly distinguish this organ from the general structure of the system. If you ask the question - which magistrates consider cases of general prosecution (that is, from a request received from a state body), then the answer will be simple - none. This court only considers cases of private prosecution, that is, requests for violations of the rights of persons who independently filed an application.

Change of competence in the pending litigation

From October 1, 2021, the legislator changed the jurisdiction of magistrates.

Dispute cases excluded:

• On determining the procedure for using property.
• For family disputes, with the exception of divorces, unless there is a dispute about children and division of property in the amount of up to fifty thousand rubles.

These disputes must be addressed to district and city courts.

During the trial, jurisdiction may change. In case of filing a counterclaim, changing the subject matter or increasing the amount of the claim. In this case, a ruling is made to transfer the case to the district court.

What cases are heard in the Magistrates' Court?

What issues does the magistrate decide? Its competence is enshrined in Art. 3 of the MS Law:

• civil: issues of use of property, issuance of court orders, demands for collection of debts for housing and communal services, property disputes up to 50,000 rubles, with the exception of inheritance issues and intellectual offenses;
• criminal: about those crimes for which the punishment does not exceed three years, with the exception of the offenses specified in Art. 31 of the Code of Criminal Procedure of the Russian Federation (for example, threats, insults);
• administrative: encroaching on the rights of citizens, labor issues, non-payment of alimony, related to traffic police fines, tax and loan obligations and others with limitations on liability;
• family: court orders for alimony, establishment of alimony obligations, divorce without a dispute about children, division of joint property up to 50,000 rubles;
• consumer protection issues up to RUB 100,000.

What cases are heard in the magistrate's court?

How to compose

You must first formulate your request to the court, specify it, determine its nature - property or non-property (that is, not related to money or other property, for example, for divorce). Use the list of details and provide your own circumstances and factual data and evidence.

Requisites:

• a header indicating the addressee, the details of the plaintiff and the defendant (it is necessary to indicate the address without fail, any known from the documents);
• name of the form;
• the essence of the appeal, indicating the facts, evidence (for example, a purchase and sale agreement has been concluded, the obligations have not been fulfilled, which is confirmed by the existence of an agreement and the absence of receipts);
• legal justification is not necessary, but is desirable;
• an appeal to the court, highlighted with the word “I ask”, indicating specific demands, amounts, non-property claims;
• list of attachments (document on payment of state duty, evidence, copies for the defendant);
• Signature and date required.

Written form is required.

Another mandatory detail in property disputes: the price of the claim in the magistrate’s court, it must be indicated as a specific amount. This is the monetary value of the stated request. Also, the amount of the claim for filing in the magistrate’s court is determined by the value of the seized property, for example, by the value of the property that should go to the spouse after the division (Article 91 of the Code of Civil Procedure of the Russian Federation). The amount of state duty determined in accordance with Art. depends on the price. 333.19 Tax Code of the Russian Federation.

In non-property cases there is no price, but you still have to pay the state duty.

What cases cannot be heard in the magistrate's court?

Of course, there are cases that are not considered by magistrates. These are issues that fall under the jurisdiction of other bodies of the judicial system. This includes claims with higher liability and claim amounts. In addition, they do not consider claims that require the participation of several people - judges or juries - that is, more complex from the point of view of psychological and legal assessment. Such cases include:

• property issues exceeding 50,000 rubles or 100,000 in cases of protecting the rights of buyers;
• criminal cases with a sentence of more than 3 years;
• some labor disputes (including reinstatement);
• issues of establishing or canceling paternity, maternity, adoption, guardianship, disputes about the residence of children;
• appeal and cassation considerations.

There are other courts for these claims. Over 100,000 civil cases are considered by district courts, criminal cases are also considered by the courts of the constituent entities of the Russian Federation, and special bodies have been allocated for arbitration issues.

Complex cases are heard in other courts

Where can I see the solution?

The decisions taken by the participants in the trial are served in court against a signature, or sent by mail to their home address. If there is a need for a person who did not take part in the case to familiarize themselves with the decision, it can be found on the official website of the court, where all decisions are posted in the public domain.

• The decision can also be viewed on the Internet on the special resource of the State Antimonopoly Service of the Russian Federation “Justice”, or “Court decisions. RF":
  To do this, you need to enter the name of the court in any search engine and go to its official website.
• In the “Judicial Proceedings” section, a table will appear with a list of cases considered on certain dates. In this list you need to find the desired name; the decision on the case will be in the extreme column on the right.
• You can also find a decision by the name of the plaintiff or defendant, by the case number on the court’s website in the “Search for information on cases” section, where the name or case number is entered in the file that opens, the “find” button is pressed and you can view the results of the consideration.

Procedure for filing an appeal to the magistrate's court

To apply to a court at this level, you must complete several steps:

1. Pay the state fee. Persons who go to court to protect their rights on the following issues are exempt from paying it:

• consumer rights;
• requesting alimony;
• protection of children's rights;
• compensation for damage caused by a crime;
• as well as disabled people of groups 1 and 2, their associations, participants and disabled people of the Second World War, heroes of the USSR and the Russian Federation.

1. Competently draw up a statement of claim. Indicate all the necessary information, the name and essence of the claim, requirements, provide evidence of the case.
2. Attach the necessary documents and wait for the call regarding the claim.

Collection of alimony is one of the issues within the competence of the magistrate’s court

After filing a claim, a decision on it must be made within 10 days. This may be leaving the claim without progress, refusal to accept it, or a decision to consider the case by a magistrate, which must be carried out within a month from the date of filing the claim.

THIS IS INTERESTING! Issues regarding the issuance of a court order are considered by the court within 5 days and do not require the presence of the parties at the court hearing. This is especially important when it comes to seeking child support from a working parent. The procedure is very simple and does not require time or financial costs (there is no state duty).

How to determine territorial jurisdiction by address?

To submit an application to the court, it is first necessary to determine the territorial jurisdiction. To do this, it is best to use the State Automated System of the Russian Federation “Justice” service, which allows you to determine the specific area whose judge will consider the application.

1. To do this, you need to open the service on the Internet using this link.
2. In the “I’m looking” section, click on the circle with the name “magistrate’s precinct”; when it turns blue, go to the next section “Subjects of the Russian Federation”, use the mouse to place the cursor on the arrow, click on it once and a table with the names will open subjects.
3. We click on the desired subject, which changes the color fill and appears in the “Subjects of the Russian Federation” window.
4. Next, select a locality, place the cursor in this window with the mouse and write the name in Russian, for example, Moscow.
5. We move the mouse to the “street” window and type in the name of the street and, of course, the house number. If you do not specify the house number in this field, the message “nothing found for your request” will appear.
6. After filling out all the form windows, click on the “find” button.
7. If all fields are filled out correctly, the service will display information in the form of a table, which will indicate the number of the court site you need.

Return of claim

It happens that the statement of claim is returned to the plaintiff, but this action cannot be considered a refusal.
You will simply need to go to the court of first instance again. The claim is returned for a number of reasons:

• if it was compiled by an incapacitated citizen;
• efforts were not made to resolve the problem amicably before going to court;
• the statement of claim was sent for consideration without the signature of the plaintiff;
• the application was sent to the wrong court;
• the case is already being considered by the court.

In order for the statement of claim to be accepted immediately, you will need to carefully approach its preparation and take into account all the nuances.

Chapter 3. JURISDICTION

Article 22. Jurisdiction of civil cases

1. Courts consider and resolve:

1) lawsuits involving citizens, organizations, state authorities, local governments for the protection of violated or contested rights, freedoms and legitimate interests, in disputes arising from civil, family, labor, housing, land, environmental and other legal relations;

2) cases on the requirements specified in Article 122 of this Code, resolved in the order of writ proceedings;

3) no longer in force on September 15, 2015. — Federal Law dated 03/08/2015 N 23-FZ;

4) cases of special proceedings specified in Article 262 of this Code;

5) cases on challenging decisions of arbitration courts and issuing writs of execution for the forced execution of decisions of arbitration courts;

6) cases on recognition and enforcement of decisions of foreign courts and foreign arbitration awards;

7) cases of assistance to arbitration courts in cases provided for by federal law. (Clause 7 introduced by Federal Law dated December 29, 2015 N 409-FZ)

cases on corporate disputes related to the creation of a legal entity, its management or participation in a legal entity that is a non-profit organization, with the exception of non-profit organizations, cases on corporate disputes of which are subject to the jurisdiction of arbitration courts by federal law. (Clause 8 introduced by Federal Law dated November 28, 2018 N 451-FZ)

2. Courts consider and resolve cases involving foreign citizens, stateless persons, foreign organizations, organizations with foreign investments, and international organizations.

3. Courts consider and resolve cases provided for in parts one and two of this article, with the exception of economic disputes and other cases referred to the competence of arbitration courts by federal constitutional law and federal law. (as amended by Federal Law No. 451-FZ of November 28, 2018)

4. When filing an application with a court containing several interconnected claims, some of which are within the jurisdiction of a court of general jurisdiction, others - of an arbitration court, if separation of claims is impossible, the case is subject to consideration and resolution in a court of general jurisdiction. (as amended by Federal Law No. 451-FZ of November 28, 2018)

If the division of claims is possible, the judge makes a ruling on the acceptance of claims within the jurisdiction of a court of general jurisdiction and on the return of the application regarding the claims within the jurisdiction of the arbitration court. (as amended by Federal Law No. 451-FZ of November 28, 2018)

Article 22.1. Disputes subject to referral to arbitration (introduced by Federal Law dated December 29, 2015 N 409-FZ)

1. Disputes arising from civil legal relations, as well as individual labor disputes between athletes and coaches in professional and elite sports may be submitted by the parties to arbitration if there is a valid arbitration agreement between the parties to the dispute, unless otherwise provided by federal law. (as amended by Federal Laws dated November 28, 2018 N 451-FZ, dated July 31, 2020 N 245-FZ)

2. Cannot be submitted to arbitration: (as amended by Federal Law No. 451-FZ of November 28, 2018)

1) disputes provided for in paragraph 4 of part one of Article 22 of this Code;

2) disputes arising from family relationships, including disputes arising from the relationship between guardians and trustees of the ward’s property, with the exception of cases on the division of jointly acquired property between spouses;

3) disputes arising from labor relations, with the exception of individual labor disputes of athletes, coaches in professional sports and elite sports, referred to the arbitration court within the framework of arbitration (arbitration proceedings), administered by a permanent arbitration institution established taking into account the requirements of the legislation on physical culture and sports; (as amended by Federal Law No. 245-FZ of July 31, 2020)

4) disputes arising from inheritance relations;

5) disputes arising from relations regulated by the legislation of the Russian Federation on the privatization of state and municipal property;

6) disputes arising from relations regulated by the legislation of the Russian Federation on the contract system in the field of procurement of goods, works, services to meet state and municipal needs;

7) disputes regarding compensation for harm caused to life and health;

disputes regarding the eviction of citizens from residential premises;

9) disputes arising from relations related to compensation for damage caused to the environment;

10) other disputes in cases directly provided for by federal law.

3. Disputes between a participant of a legal entity and the legal entity itself and disputes regarding claims of participants of a legal entity in connection with the legal relationship of a legal entity with a third party, if participants of a legal entity have the right to file such a claim in accordance with federal law, may be referred for consideration arbitration court in accordance with part four of this article only if this legal entity, all its participants, as well as other persons who are plaintiffs or defendants in these disputes, have entered into an arbitration agreement to submit these disputes to the arbitration court.

4. The disputes specified in part three of this article may be considered by an arbitration court only if these disputes are referred to an arbitration court with the place of arbitration on the territory of the Russian Federation, administered by a permanent arbitration institution that has approved and published special rules for the resolution of corporate disputes in the manner prescribed by federal law .

Article 23. Civil cases under the jurisdiction of a magistrate

1. The magistrate considers as a court of first instance the following cases:

1) on issuing a court order;

2) on divorce, if there is no dispute between the spouses about children;

3) on the division of jointly acquired property between spouses if the value of the claim does not exceed fifty thousand rubles;

4) in property disputes, with the exception of cases of inheritance of property and cases arising from relations regarding the creation and use of results of intellectual activity, with the cost of the claim not exceeding fifty thousand rubles;

5) for property disputes arising in the field of consumer rights protection, if the cost of the claim does not exceed one hundred thousand rubles. (Part 1 as amended by Federal Law dated November 28, 2018 N 451-FZ)

2. Federal laws may include other cases under the jurisdiction of justices of the peace.

3. When combining several related claims, changing the subject of the claim or filing a counterclaim, if the new claims become subject to the jurisdiction of the district court, while others remain subject to the jurisdiction of the magistrate, all claims are subject to consideration in the district court. In this case, if the jurisdiction of the case has changed during its consideration by the magistrate, the magistrate makes a ruling to transfer the case to the district court and transfers the case for consideration to the district court.

4. Disputes between the magistrate and the district court regarding jurisdiction are not allowed.

Article 24. Civil cases within the jurisdiction of the district court

Civil cases within the jurisdiction of courts of general jurisdiction, with the exception of cases provided for in Articles 23, 25, 26 and 27 of this Code, are considered by the district court as a court of first instance. (as amended by Federal Law No. 451-FZ of November 28, 2018)

Article 25. Civil cases within the jurisdiction of military courts and other specialized courts

In cases provided for by federal constitutional law, civil cases are considered by military and other specialized courts.

Article 26. Civil cases within the jurisdiction of the supreme court of the republic, the regional, regional court, the court of a federal city, the court of an autonomous region and the court of an autonomous district

1. The Supreme Court of the republic, the regional, regional court, the court of a federal city, the court of an autonomous region and the court of an autonomous district shall consider civil cases as a court of first instance:

1) related to state secrets;

2) — no longer in force on September 15, 2015. — Federal Law dated 03/08/2015 N 23-FZ; 9) provided for by Chapter 45 of this Code. (Clause 9 introduced by Federal Law dated December 29, 2015 N 409-FZ)

2. Federal laws may include other cases under the jurisdiction of the supreme court of a republic, a regional court, a court of a federal city, a court of an autonomous region and a court of an autonomous district.

3. The Moscow City Court, as a court of first instance, considers civil cases that are related to the protection of copyright and (or) related rights, except for rights to photographic works and works obtained by methods similar to photography in information and telecommunication networks, including Internet network, and for which they have taken preliminary interim measures in accordance with Article 144.1 of this Code. If the Moscow City Court considers a case in which proceedings were initiated at the plaintiff’s claim after the entry into force of a decision made by the same court in favor of the same plaintiff in another case on the protection of copyright and (or) related rights in information and telecommunication networks, including on the Internet, the Moscow City Court also resolves the issue of permanently restricting access to a site on the Internet, on which information containing objects of copyright and (or) related rights, or information necessary for obtaining them using information and telecommunication networks, including the Internet. (Part 3 as amended by Federal Law dated November 24, 2014 N 364-FZ)

Article 27. Cases within the jurisdiction of the Supreme Court of the Russian Federation (as amended by Federal Law No. 29-FZ of March 12, 2014)

The jurisdiction of cases by the Supreme Court of the Russian Federation is determined by the Federal Constitutional Law of February 5, 2014 N 3-FKZ “On the Supreme Court of the Russian Federation”.

Article 28. Filing a claim at the place of residence or address of the defendant (as amended by Federal Law No. 451-FZ of November 28, 2018)

The claim is brought to the court at the place of residence of the defendant. A claim against an organization is filed in court at the organization's address.

Article 29. Jurisdiction at the choice of the plaintiff

1. A claim against a defendant whose place of residence is unknown or who does not have a place of residence in the Russian Federation may be brought to court at the location of his property or at his last known place of residence in the Russian Federation.

2. A claim against an organization arising from the activities of its branch or representative office may also be filed in court at the address of its branch or representative office. (as amended by Federal Law No. 451-FZ of November 28, 2018)

3. Claims for the collection of alimony and for establishing paternity may also be brought by the plaintiff to the court at the place of his residence.

4. Claims for divorce may also be brought to the court at the place of residence of the plaintiff in cases where there is a minor with him or, for health reasons, it is difficult for the plaintiff to travel to the place of residence of the defendant.

5. Claims for compensation for damage caused by injury, other damage to health or as a result of the death of the breadwinner may also be brought by the plaintiff to the court at the place of his residence or the place where the damage was caused.

6. Claims for the restoration of pension and housing rights, return of property or its value, related to compensation for losses caused to a citizen by illegal conviction, illegal criminal prosecution, illegal use of detention as a preventive measure, recognizance not to leave, or illegal imposition of administrative punishment in the form of an arrest, may also be presented to the court at the place of residence of the plaintiff. (as amended by Federal Law dated July 3, 2016 N 272-FZ)

6.1. Claims for the protection of the rights of the subject of personal data, including compensation for losses and (or) compensation for moral damage, may also be brought to the court at the plaintiff’s place of residence. (Part 6.1 introduced by Federal Law dated 05/07/2013 N 99-FZ)

6.2. Claims to stop the search engine operator from issuing links allowing access to information on the Internet information and telecommunications network may also be brought to the court at the plaintiff’s place of residence. (Part 6.2 introduced by Federal Law dated July 13, 2015 N 264-FZ)

6.3. Claims for restoration of labor rights may also be brought to the court at the plaintiff’s place of residence. (Part 6.3 introduced by Federal Law dated July 3, 2016 N 272-FZ)

7. Claims for the protection of consumer rights may also be brought to the court at the place of residence or place of stay of the plaintiff or at the place of conclusion or place of execution of the contract, except for the cases provided for in part four of Article 30 of this Code. (as amended by Federal Law dated July 18, 2019 N 191-FZ)

8. Claims for compensation for losses caused by collisions of ships, recovery of wages and other amounts due to ship crew members for work on board the ship, repatriation costs and social insurance contributions, collection of remuneration for providing assistance and rescue at sea may also be brought in the court at the location of the defendant's ship or the ship's home port. (Part 8 as amended by Federal Law dated 06.02.2012 N 4-FZ)

9. Claims arising from contracts, including labor contracts, which indicate the place of their execution, may also be brought to the court at the place of execution of such agreement. (as amended by Federal Law dated July 3, 2016 N 272-FZ)

10. The choice between several courts, which, according to this article, has jurisdiction over the case, belongs to the plaintiff.

Article 30. Exclusive jurisdiction

1. Claims for rights to land plots, subsoil plots, buildings, including residential and non-residential premises, structures, structures, and other objects firmly connected to the land, as well as for the release of property from seizure, are brought to the court at the location of these objects or seized property. (as amended by Federal Law No. 118-FZ of July 14, 2008)

2. Claims of the testator's creditors, brought before the acceptance of the inheritance by the heirs, are subject to the jurisdiction of the court at the place where the inheritance was opened.

3. Claims against carriers arising from contracts of carriage are filed in court at the address of the carrier to whom the claim was filed in the prescribed manner. (as amended by Federal Law No. 451-FZ of November 28, 2018)

4. Claims for the protection of the rights and legitimate interests of a group of persons, including consumer rights, are filed at the address of the defendant. (Part 4 introduced by Federal Law dated July 18, 2019 N 191-FZ)

Article 30.1. Jurisdiction of cases related to the implementation by courts of the functions of assistance and control in relation to arbitration courts (introduced by Federal Law of December 29, 2015 N 409-FZ)

1. An application for the annulment of decisions of arbitration courts and international commercial arbitrations adopted on the territory of the Russian Federation is submitted to the district court on the territory of which the decision of the arbitration court was made. By agreement of the parties to the arbitration proceedings, an application to cancel the decision of the arbitration court may be filed with the district court at the location or place of residence of one of the parties to the arbitration proceedings.

2. An application for the issuance of a writ of execution for the forced execution of decisions of arbitration courts and international commercial arbitrations adopted on the territory of the Russian Federation is submitted to the district court at the location or place of residence of the debtor or, if his location or place of residence is unknown, at the location of the property the debtor is a party to the arbitration proceedings. By agreement of the parties to the arbitration proceedings, an application for the issuance of a writ of execution for the forced execution of the arbitration court decision may be submitted to the district court in whose territory the arbitration court decision was made, or to the district court at the location or place of residence of the party to the arbitration proceedings in whose favor the decision was made arbitration court.

3. An application for the court to exercise assistance functions in relation to the arbitration courts specified in part two of Article 427.1 of this Code is submitted to the district court at the place where the relevant arbitration proceedings are held.

Article 31. Jurisdiction of several related cases

1. A claim against several defendants living or located in different places is brought to the court at the place of residence or address of one of the defendants at the choice of the plaintiff. (as amended by Federal Law No. 451-FZ of November 28, 2018)

2. A counterclaim is filed in court at the place where the original claim was considered.

3. A civil claim arising from a criminal case, if it was not brought or was not resolved during the criminal case, is brought for consideration in civil proceedings according to the rules of jurisdiction established by this Code.

Article 32. Contractual jurisdiction

The parties may, by agreement among themselves, change the territorial jurisdiction for a given case before the court accepts it for its proceedings. The jurisdiction established by Articles 26, 27 and 30 of this Code cannot be changed by agreement of the parties.

Article 33. Transfer of a case accepted by the court for its proceedings to another court

1. A case accepted by the court for its proceedings in compliance with the rules of jurisdiction must be resolved by it on its merits, at least in the future it will become the jurisdiction of another court, with the exception of cases of change of jurisdiction established by Articles 26 and 27 of this Code. (as amended by Federal Law No. 451-FZ of November 28, 2018)

2. The court transfers the case to another court of general jurisdiction if: (as amended by Federal Law No. 451-FZ of November 28, 2018)

1) the defendant, whose place of residence or location was not previously known, will file a petition to transfer the case to the court at his place of residence or location;

2) both parties filed a motion to consider the case at the location of the majority of the evidence;

3) when considering the case in this court, it turned out that it was accepted for proceedings in violation of the rules of jurisdiction;

4) after the recusal of one or more judges or for other reasons, replacement of judges or consideration of the case in this court becomes impossible. In this case, the transfer of the case is carried out by a higher court. The transfer of cases to be considered in the supreme court of the republic, a regional court, a court of a federal city, a court of an autonomous region or a court of an autonomous district is carried out by a cassation court of general jurisdiction. The transfer of cases to be considered in a court of appeal of general jurisdiction and a court of cassation of general jurisdiction is carried out by the Supreme Court of the Russian Federation. (Clause 4 as amended by Federal Law dated November 28, 2018 N 451-FZ)

2.1. If, during the consideration of a case in court, it turns out that it is subject to consideration by an arbitration court, the court transfers the case to the arbitration court, to whose jurisdiction it is assigned by law. (Part 2.1 introduced by Federal Law dated November 28, 2018 N 451-FZ)

3. A court ruling is issued regarding the transfer of a case to another court or the refusal to transfer a case to another court, against which a private complaint may be filed. The transfer of the case to another court is carried out after the expiration of the period for appealing this ruling, and in the case of filing a complaint - after the court has issued a ruling to dismiss the complaint without satisfaction. In the cases provided for in paragraph 4 of part two of this article, a ruling to transfer a case to another court or to refuse to transfer a case to another court comes into force from the date of adoption and is not subject to appeal. (as amended by Federal Law dated December 2, 2019 N 406-FZ) (part 3 as amended by Federal Law dated November 28, 2018 N 451-FZ)

4. A case sent from one court to another must be accepted for consideration by the court to which it was sent. Disputes about jurisdiction between courts in the Russian Federation are not allowed.

Article 33.1. Transition to consideration of the case according to the rules of administrative proceedings (introduced by Federal Law of November 28, 2018 N 451-FZ)

1. When applying to the court with an application containing several interrelated claims, some of which are subject to consideration in civil proceedings, others - in administrative proceedings, if separation of claims is impossible, the case is subject to consideration and resolution in civil proceedings.

2. When a statement of claim is submitted to the court, containing several claims, some of which are subject to consideration according to the rules of civil proceedings, and others - according to the rules of administrative proceedings, if their separate consideration is possible, the judge resolves the issue of accepting the claims subject to consideration in civil proceedings. . If other claims submitted to the court that are subject to consideration in administrative proceedings are within the jurisdiction of this court, the issue of their acceptance for proceedings is resolved by the judge in accordance with the legislation on administrative proceedings on the basis of copies of the statement of claim certified by him and the relevant documents attached to it. If other claims submitted to the court that are subject to consideration in administrative proceedings are not within the jurisdiction of this court, the judge returns the statement of claim regarding such claims in accordance with paragraph 2 of part one of Article 135 of this Code.

3. The court, having established during the preparation of a civil case for trial or trial in a civil case that it is subject to consideration in administrative proceedings, issues a ruling to proceed to consideration of the case according to the rules of administrative proceedings.

Federal Arbitration Courts

The Federal Arbitration Court can consider disputes on the following issues:

• supplies and purchase and sale;
• rental of real estate or equipment;
• ownership;
• provision of services and contracts;
• taxes;
• loan agreements;
• insurance;
• bankruptcy of individuals and legal entities;
• illegal actions or inaction of government bodies.

You can appeal the decision of the arbitration court of the constituent entities of the Russian Federation in the second instance - the court of appeal.

Specialized courts

Apply to such a court when necessary:

• find out who the actual patent holder is;
• stop protecting by law a trademark that is not used;
• invalidate the patent;
• defend the rights of a citizen or legal entity who owns the patent, etc.

What can a magistrate judge do?

The magistrate deals with civil, criminal and administrative cases independently, without the involvement of third parties.

The official is vested with the following powers:

• execution of justice;
• supervision over the execution of decisions and sentences;
• checking the validity of decisions and actions of officials, etc.

In accordance with Law No. 3132-1 of June 26, 1992, justices of the peace are independent. They are subject to the Constitution and the law. They do not give anyone an account of the administration of justice.

The main advantage of turning to justices of the peace is its simplified scheme. The procedure is as simple as possible, which allows you to quickly consider simple cases.

Status Features

So, what do justices of the peace do? The same as their colleagues in other courts of the country, according to their competence: they accept cases for their proceedings and make decisions on them. Thanks to this, they have the same privileges as other judges in terms of immunity (a special procedure for bringing them to criminal and disciplinary liability).

The state provides additional guarantees in the form of the right to retire earlier than the majority of citizens. The salary of Themis's servants is significantly higher than that of many civil servants. True, the difference in the income of members of the judicial corporation is noticeable (80 thousand rubles, instead of 200 thousand rubles per month)

Of course, additional payments are provided for length of service, for qualification class, bonus payments, etc. Actually, this is the main thing that distinguishes a justice of the peace from an ordinary one.

Organization of activities

In the regions of the country there are departments to support the activities of justices of the peace. They resolve issues of their placement, staffing, remuneration and other tasks. This includes:

• organizing a competition for filling the positions of judges, accepting documents, and submitting them to the legislative assembly;
• search and maintenance of premises in which judges and their staff work;
• hiring secretaries and assistant judges, remuneration for their labor.

Some regions create a full-fledged department or department, while others transfer decisions on the activities of justices of the peace to judicial departments. These are organizations that perform similar tasks in relation to all other courts (both general and arbitration, regardless of the instance)

In Dagestan, for example, the judicial department is responsible for organizing the activities of all judges without exception, while in Sevastopol there is a full-fledged department for ensuring the activities of justices of the peace.

Funds for their activities are formally allocated from the regional budget. The remaining judges are directly financed from the federal budget.

General characteristics of the judicial system of the Russian Federation

In the Russian Federation, the judicial system is a set of courts operating on the territory of Russia. All types of courts in the Russian Federation have common goals and are organized on the same principles of democracy.

The court system of the Russian Federation consists of federal, constitutional and courts of the constituent entities of the Russian Federation. The first group includes:

• Supreme Court of the Russian Federation;
• supreme courts of republics, regional, regional, courts of federal cities, courts of the autonomous region, courts of autonomous districts;
• district, city, interdistrict courts;
• military and specialized arbitration courts, which are regulated by federal constitutional law.

The courts are subordinate to the highest judicial body, which controls their processes in civil, criminal, administrative and other cases - the Supreme Court of the Russian Federation. The only body in the system independent of it is the Constitutional Court, but more on that a little later.

Diagram of the hierarchy of courts of the Russian Federation

Every citizen of the Russian Federation can receive judicial protection. For this, the state has provided guarantees:

• In the Russian Federation there is a judicial system, each body has its own powers.
• All citizens can go to court and receive protection.
• Every citizen can receive free legal assistance.
• If domestic methods of protection have been exhausted, a citizen can turn to interstate authorities.
• During all trials, courts are required to follow the principles of judicial procedure.

9 principles by which the judiciary in the Russian Federation operates

1. Justice is administered only by the court.
2. Everyone is equal before the law and the court.
3. Judges can only be independent.
4. In court, the parties have equal rights.
5. A law that establishes or aggravates liability, or abolishes or diminishes human rights and freedoms, does not have retroactive effect.
6. In Russian courts there is a presumption of innocence.
7. The court interprets doubts in favor of the accused.
8. The accused has the right not to testify against himself.
9. The openness of the trial process is maintained in the Russian Federation.

When is refusal possible?

It happens that a claim is not always accepted. Refusal can occur for several reasons, described in the Code of Civil Procedure in Article 134:

• the procedure for filing a claim was violated;
• the statement of claim was drawn up and filed in court by a person who has nothing to do with the case under consideration;
• the decision on the case stated in the lawsuit has already been announced;
• The judicial authority is incorrectly indicated.

Typically, five days are given to accept or refuse a claim. If the plaintiff does not agree with the decision, he may file a written complaint.

Administrative matters.

Cases considered by magistrates in the first instance may concern administrative violations. Officials have received such powers since 2021.

A peculiarity of the consideration of administrative cases is that one of the parties is usually local government bodies.

A justice of the peace is approached for justice when cases of hooliganism or fraud are revealed.

The official may consider applications for violating traffic rules or appearing in a public place while intoxicated.

The magistrate has the right to determine punishment for almost all offenses provided for in the Code of Administrative Offences. Legal proceedings are carried out in the manner prescribed by administrative law.

Lawsuit without motion

If the judge has questions about the application, it may remain without progress, and this slows down the consideration of the case.
Typically, the judge will include all the errors in the claim in a paper called a “determination.” The plaintiff needs to study it carefully, and if anything becomes unclear, immediately call the secretary, the judge or his assistant. Or go to the judicial institution yourself, where experienced employees will help you formalize everything correctly. Next, having studied the “definition”, the application must be corrected, and if this does not happen, the court will return the document back. If the applicant does not agree with the judge’s amendments, he can appeal them to the appellate instance within 15 days from the date of filing the claim. But it is best to file a completely new claim, drawn up in accordance with all the rules and taking into account amendments.