Supreme Court Of Russia
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The Supreme Court of the Russian Federation () is a court within the
judiciary of Russia The Judiciary of Russia interprets and applies the law of Russia. It is defined under the Constitution and law with a hierarchical structure with the Constitutional Court and Supreme Court at the apex. The district courts are the primary crimin ...
and the
court of last resort In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
in
Russia Russia, or the Russian Federation, is a country spanning Eastern Europe and North Asia. It is the list of countries and dependencies by area, largest country in the world, and extends across Time in Russia, eleven time zones, sharing Borders ...
n
administrative law Administrative law is a division of law governing the activities of government agency, executive branch agencies of government. Administrative law includes executive branch rulemaking (executive branch rules are generally referred to as "regul ...
, civil law,
criminal law Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...
and
commercial law Commercial law (or business law), which is also known by other names such as mercantile law or trade law depending on jurisdiction; is the body of law that applies to the rights, relations, and conduct of Legal person, persons and organizations ...
cases. It also supervises the work of lower courts. Its predecessor is the Supreme Court of the Soviet Union. According to Article 22 of the Federal Law "On the Supreme Court of the Russian Federation", the permanent residence of the Supreme Court of the Russian Federation is the city of
Saint Petersburg Saint Petersburg, formerly known as Petrograd and later Leningrad, is the List of cities and towns in Russia by population, second-largest city in Russia after Moscow. It is situated on the Neva, River Neva, at the head of the Gulf of Finland ...
. However, this provision comes into force from the date when the Supreme Court of the Russian Federation begins to function in this city, which is conducted by the President of the Russian Federation in accordance with the Supreme Court of the Russian Federation. Until that date, the Supreme Court of the Russian Federation shall exercise its powers in the city of
Moscow Moscow is the Capital city, capital and List of cities and towns in Russia by population, largest city of Russia, standing on the Moskva (river), Moskva River in Central Russia. It has a population estimated at over 13 million residents with ...
.


Composition

There are 115 members of the Supreme Court. Supreme Court judges are nominated by the
President of Russia The president of Russia, officially the president of the Russian Federation (), is the executive head of state of Russia. The president is the chair of the State Council (Russia), Federal State Council and the President of Russia#Commander-in-ch ...
and appointed by the Federation Council. 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 Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of ''stare decisis'' ("to stand by thin ...
as a
source of law Sources of law are the origins of laws, the binding rules that enable any state to govern its territory. The terminology was already used in Rome by Cicero as a metaphor referring to the "fountain" ("fons" in Latin) of law. Technically, anything ...
, but courts strictly follow such recommendations. The Academic Consultative Council attached to the Supreme Court of the Russian Federation () 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 jurisdiction In common law legal systems, original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the S ...
in certain cases. Those include: challenging of individual acts of the Federal Assembly and decrees of the
President of Russia The president of Russia, officially the president of the Russian Federation (), is the executive head of state of Russia. The president is the chair of the State Council (Russia), Federal State Council and the President of Russia#Commander-in-ch ...
and the
Government of Russia The Russian Government () or fully titled the Government of the Russian Federation () is the highest federal executive governmental body of the Russian Federation. It is accountable to the president of the Russian Federation and controlled by ...
; challenging of delegated legislation of governmental agencies; termination of political parties and all-Russian NGOs; challenging of actions of
Central Electoral Commission of Russia Central is an adjective usually referring to being in the center of some place or (mathematical) object. Central may also refer to: Directions and generalised locations * Central Africa, a region in the centre of Africa continent, also known as ...
when organizing
presidential elections A presidential election is the election of any head of state whose official title is President. Elections by country Albania The president of Albania is elected by the Assembly of Albania who are elected by the Albanian public. Chile The ...
,
State Duma The State Duma is the lower house of the Federal Assembly (Russia), Federal Assembly of Russia, with the upper house being the Federation Council (Russia), Federation Council. It was established by the Constitution of Russia, Constitution of t ...
elections or
referendum A referendum, plebiscite, or ballot measure is a Direct democracy, direct vote by the Constituency, electorate (rather than their Representative democracy, representatives) on a proposal, law, or political issue. A referendum may be either bin ...
. The Supreme Court may also hear criminal cases against members of the
Federation Council of Russia The Federation Council, unofficially Senate, is the upper house of the Federal Assembly (Russia), Federal Assembly of Russia, with the lower house being the State Duma. It was established by the Constitution of the Russian Federation in 1993 ...
and the
State Duma The State Duma is the lower house of the Federal Assembly (Russia), Federal Assembly of Russia, with the upper house being the Federation Council (Russia), Federation Council. It was established by the Constitution of Russia, Constitution of t ...
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.


Chief Justice


References


External links


Official website

Official website English versionThe state of the judiciary in RussiaInternational Commission of Jurists
2010
Securing justice: The disciplinary system for judges in the Russian Federation. Report of an ICJ missionInternational Commission of Jurists
2012 {{Authority control
Russia Russia, or the Russian Federation, is a country spanning Eastern Europe and North Asia. It is the list of countries and dependencies by area, largest country in the world, and extends across Time in Russia, eleven time zones, sharing Borders ...
Government of Russia Law of Russia Courts in Russia 1923 establishments in Russia Courts and tribunals established in 1923