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The Judiciary of Russia interprets and applies the
law of Russia The primary and fundamental statement of laws in the Russian Federation is the Constitution of the Russian Federation. Hierarchy Constitutionism Adopted by national referendum on 12 December 1993 with 54.5% of the vote, the Constitution too ...
. It is defined under the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these prin ...
and law with a hierarchical structure with the
Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
and
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions ...
at the apex. The district courts are the primary criminal
trial court A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate courts). Mo ...
s, and the regional courts are the primary
appellate court A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
s. The judiciary is governed by the All-Russian Congress of Judges and its Council of Judges, and its management is aided by the Judicial Department of the Supreme Court, the Judicial Qualification Collegia, and the
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry. Lists of current ministries of justice Named "Ministry" * Ministry of Justice (Abkhazia) * Ministry of Justice (Afghanistan) * Ministry of Jus ...
, and the various courts' chairpersons. And although there are many
officers of the court In common law jurisdictions, the generic term officer of the court is applied to all those who, in some degree in the function of their professional or similar qualifications, have a part in the legal system. Officers of the court may include enti ...
, including jurors, the Prosecutor General remains the most powerful component of the Russian judicial system. The judiciary faces many problems and a widespread lack of confidence but has also made much progress in recent times. There have been serious violations of the accepted
separation of powers Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
doctrine, systematic attempts to undermine
jury trial A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions. Jury trials are used in a significant ...
s, problems with access to justice, problems with court infrastructure, financial support, and
corruption Corruption is a form of dishonesty or a criminal offense which is undertaken by a person or an organization which is entrusted in a position of authority, in order to acquire illicit benefits or abuse power for one's personal gain. Corruption ...
.


Courts

Russia has a trifurcated court system, with constitutional, ordinary (including military and non-military), and other courts. The Constitutional Court of Russia is considered a separate, independent court. Constitutional courts of
federal subjects of Russia The federal subjects of Russia, also referred to as the subjects of the Russian Federation (russian: субъекты Российской Федерации, subyekty Rossiyskoy Federatsii) or simply as the subjects of the federation (russian ...
are separate and independent too (inter alia, independent from the federal Constitutional Court of Russia). The district courts are the primary criminal
trial court A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate courts). Mo ...
s, and the regional courts are the primary
appellate court A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
s.


Constitutional Court

The
Constitutional Court of Russia A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princip ...
() is responsible for cases concerning conformity with the Constitution, judicial disputes between 2 or more federal bodies, between a federal body and a member of the Federation, and between members of the Federation. As such, it practices "
constitutional review Constitutional review, or constitutionality review or constitutional control, is the evaluation, in some countries, of the constitutionality of the laws. It is supposed to be a system of preventing violation of the rights granted by the constitution ...
" (as differentiated from
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompa ...
) and decides whether
federal law Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join in a federation, delegating their individual sovereignty and many pow ...
s, presidential decrees and directives, and local constitutions, charters, and laws comply with the federal constitution, as well as treaties between the national government and a regional governments and between regional governments. It is composed of 19 judges, and may sit in
plenary session A plenary session or plenum is a session of a conference which all members of all parties are to attend. Such a session may include a broad range of content, from keynotes to panel discussions, and is not necessarily related to a specific sty ...
s but is otherwise divided into 2 chambers. The Constitutional Court consists of two chambers with 10 and 9 judges respectively. The Chairman presides over one of the chambers, the Deputy Chairman presides over the other chamber. Constitutionality of laws, disputes concerning competence of governmental agencies,
impeachment Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In ...
of the President of Russia, and Constitutional Court's proposals of legislation must be dealt with by the plenary session. The Constitutional Court may also submit to the plenary session any other issue at its discretion. In general, the court hears cases referred by the President, the
Federation Council The Federation Council (russian: Сове́т Федера́ции – ''Soviet Federatsii'', common abbreviation: Совфед – ''Sovfed''), or Senate (officially, starting from July 1, 2020) ( ru , Сенат , translit = Senat), is th ...
, the
State Duma The State Duma (russian: Госуда́рственная ду́ма, r=Gosudárstvennaja dúma), commonly abbreviated in Russian as Gosduma ( rus, Госду́ма), is the lower house of the Federal Assembly of Russia, while the upper house ...
, one-fifth of the members of either chamber of the Federal Assembly, the
Government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government i ...
, the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions ...
, or other bodies of legislative or executive authority. It also hears complains by citizens of allegations of constitutional rights violations.


Constitutional courts of federal subjects

Constitutional courts of Russia's federal subjects hear cases relating to conformity with regional constitutions of laws adopted by regional legislatures, and in this category of cases constitutional courts are courts of single instance.


Supreme Court

The
Supreme Court of Russia The Supreme Court of the Russian Federation (russian: links=no, Верховный суд Российской Федерации, Verkhovny sud Rossiyskoy Federatsii) is a court within the judiciary of Russia and the court of last resort in R ...
() is the highest court, and supervises inferior courts of general jurisdiction. It occasionally sits as a court of first instance in cases where important interests of state are at issue; in this case it normally consists of a judge and a jury, but occasionally consists of three judges. There are 115 members of the Supreme Court. 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. The Presidium of the Supreme Court () represents Russia's final court of appeal. The Presidium consists of thirteen judges: the Chairman of the Supreme Court, its first deputy chairman, its six deputy chairmen and five other Supreme Court judges. Only the Prosecutor General has the right to appeal to the Presidium, and as a result, very few criminal cases reviewed by the three-judge panels of the Supreme Court make it to the Presidium. Only 0.4% of criminal cases in 1998 ended with an acquittal in the Presidium. The court is divided into several chambers or collegia (), and each chamber normally sits with three judges: * civil (); * criminal (); * administrative (); * on economic disputes (); * military (); and * appeals (; formerly the cassation panel or ), which can review decisions of the other chambers (if only other chambers acted as first instance courts). There are several entities attached to the Supreme Court. The Academic Consultative Council () assists the court in various legal and academic matters and 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. The Judicial Department is responsible for administration of the courts. In fact, after the merger of old Supreme Court and former Supreme Court of Arbitration the new Supreme Court of Russia leads 2 subsystems of Russian judicial system: ordinary courts and arbitration courts.


Ordinary courts

Ordinary court Ordinary court or Judicial court is a type of court with comprehensive subject-matter jurisdiction compared to ' Specialized court' with limited jurisdiction over specific filed of matters, such as intellectual property court. Due to its compre ...
s hear all criminal cases. Also ordinary courts hear administrative cases, civil cases, cases of administrative offenses with the exception of cases under the jurisdiction of arbitration courts. Ordinary courts are divided into 2 types:
military A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare. It is typically authorized and maintained by a sovereign state, with its members identifiable by their distin ...
and non-military (the courts of second type are also called "ordinary courts" in a narrow sense).


Cassation courts

Cassation courts became operational on October 1, 2019. They carry out the cassation review of cases which were heard by district courts or garrison military courts as the courts of first instance.


Appellate courts

Appellate courts became operational on October 1, 2019. They carry out the appeal review of cases which were heard by regional courts or military courts of military districts/fleets as the courts of first instance.


Regional courts and military courts of military districts/fleets

Regional courts (also called ' courts and city courts) are the courts at the regional level, though are not all named as such. This includes the supreme courts of the
Republics of Russia The republics of Russia are 22 territories in the Russian Federation that each constitute a federal subject, the highest-level administrative division of Russian territory. They are one of several types of federal subject in Russia. The republi ...
, courts of the krais (territories; or ' courts), courts of the oblasts (regions; ), city courts of the
federal cities of Russia In the Russian Federation, a city of federal importance ( rus, город федерального значения, r=gorod federalnogo znacheniya), also known as a federal city, is a city that has a status of both an inhabited locality and a c ...
(
Moscow Moscow ( , US chiefly ; rus, links=no, Москва, r=Moskva, p=mɐskˈva, a=Москва.ogg) is the capital and largest city of Russia. The city stands on the Moskva River in Central Russia, with a population estimated at 13.0 millio ...
and
Saint Petersburg Saint Petersburg ( rus, links=no, Санкт-Петербург, a=Ru-Sankt Peterburg Leningrad Petrograd Piter.ogg, r=Sankt-Peterburg, p=ˈsankt pʲɪtʲɪrˈburk), formerly known as Petrograd (1914–1924) and later Leningrad (1924–1991), i ...
), courts of the autonomous oblasts, and courts of the autonomous okrugs. The courts sit as both courts of first instance and appellate courts. As courts of first instance, they hear more complex civil cases, serious criminal cases and administrative cases with participation of regional authorities. A judge and a jury, or alternatively 3 judges, hear these cases. As appellate courts, they hear decisions of district courts that have not yet entered into force, and consist of 3 judges. The jurisdiction of military courts of military districts/fleets is similar to jurisdiction of regional courts, but military courts of military districts/fleets hear and review the cases relating to the military personnel only.


District courts and garrison military courts

District courts ( or ; also called ' or ' courts), which were called People's Courts until 1996, are primarily courts of first instance but sometimes hear appeals from magistrate courts. They are formed in areas ( or '), urban areas (), and cities (). Decisions of the court are appealed to the regional court. As courts of first instance, they handle criminal cases where imprisonment is for more than 3 years, and consist of 1
judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility ...
and a
jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England ...
where required. As courts of appeal from decisions of the magistrate courts consisting of 1
justice of the peace A justice of the peace (JP) is a judicial officer of a lower or '' puisne'' court, elected or appointed by means of a commission (letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...
, they consist of 1 judge and retry the case. The jurisdiction of garrison military courts is similar to jurisdiction of district courts, but the garrison military courts hear the cases relating to the military personnel only. Furthermore, unlike district courts, the garrison military courts do not carry out appeal procedure (because magistrate courts don't have jurisdiction over military personnel).


Magistrate courts

Magistrate courts (; also called Justices of the Peace Courts) handle criminal cases where imprisonment is for less than three years such as petty hooliganism, public drunkenness, and serious traffic violations of a non-criminal nature, minor civil cases such as simple divorces, some property cases, disputes over land, and some labor cases, as well as some cases of administrative offenses and administrative cases. The magistrate courts were expected to hear two-thirds of all civil cases and close to 100,000 criminal cases. It consists of one
magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a ''magistratus'' was one of the highest ranking government officers, and possessed both judic ...
or justice of the peace.


Arbitration courts

Arbitration courts (; also called ''arbitrazh'' or commercial courts) hear cases dealing with a wide matter of contractual issues, such as rights of ownership, contract changes, performance of obligations, loans, bank accounts, and insolvency (bankruptcy) of juridical persons and natural persons. They operate independently of the other courts. The system of arbitration courts is supervised 30-Judge Economic Collegium that is part of an expanded Russian Supreme Court effective from August 8, 2014.


Arbitration county courts and the Court of intellectual rights

Arbitration county courts carry out the first cassation review of cases which were heard by arbitration courts of subjects of Russian Federation as the courts of first instance. The Court of intellectual rights became operational on July 3, 2013. The Court of intellectual rights carries out the cassation review of cases relating to the copyrights, patents, trademarks, trade secrets which were heard by arbitration courts of subjects of Russian Federation as the courts of first instance. Furthermore, the Court of intellectual rights hears some civil and administrative cases relating to the
intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, c ...
issues as the court of first instance; such cases are heard by a panel of 3 judges of the Court of intellectual rights; appellate procedure is not provided for such cases; the first cassation review of such cases is carried out by the presidency of the Court of intellectual rights and the second - by the collegium on economic disputes of Supreme Court of Russia.


Arbitration appellate courts

Arbitration appellate courts carry out the appeal review of cases which were heard by arbitration courts of subjects of Russian Federation as the courts of first instance.


Arbitration courts of subjects of Russian Federation

Arbitration courts of subjects of Russian Federation hear the vast majority of cases under the jurisdiction of arbitration courts as the courts of first instance.


Administration

Pursuant to the 2002 Federal Law on Organs of the Judicial Community, which is the legal basis for the judicial organs of self-government, the All-Russian Congress of Judges is the supreme body of the judiciary. The Congress elects the members of the Council of Judges, the self-government body of the judiciary. The Judicial Department of the
Supreme Court of Russia The Supreme Court of the Russian Federation (russian: links=no, Верховный суд Российской Федерации, Verkhovny sud Rossiyskoy Federatsii) is a court within the judiciary of Russia and the court of last resort in R ...
is responsible for administration of the courts, such as selection and training of judicial candidates, working with law institutes, and qualifications of judges and other court officers. It is expected to enhance the independence of the judicial branch. It also supports the Council of Judges and the Supreme Qualifying Collegium. Judicial Qualification Collegia are bodies of judicial self-regulation that were established at the regional (Judicial Qualification Collegia) and national ( Supreme Qualification Collegium) levels. They play a key role in the appointment, promotion and dismissal of judges. Some judges serve as a court chairperson. The court chairperson is solely responsible for the allocation of cases to judges, has considerable powers in the matters of appointment, and makes the initial recommendation for disciplinary measures, in particular dismissal.


Officers


Judges

Judges are appointed by the
Federation Council The Federation Council (russian: Сове́т Федера́ции – ''Soviet Federatsii'', common abbreviation: Совфед – ''Sovfed''), or Senate (officially, starting from July 1, 2020) ( ru , Сенат , translit = Senat), is th ...
, and serve for life. Candidates are recommended by the Qualification Collegia / Supreme Qualification Collegium to the President, who in turn recommends candidates to the Federation Council. The judges of the Constitutional Court are nominated by the President and appointed by the
Federation Council The Federation Council (russian: Сове́т Федера́ции – ''Soviet Federatsii'', common abbreviation: Совфед – ''Sovfed''), or Senate (officially, starting from July 1, 2020) ( ru , Сенат , translit = Senat), is th ...
for 12 years, and the judges must be at least 40 years old and must retire at 70 years old. The also must have served as a lawyer for at least 15 years and have a "recognized high qualification" (quotation from Constitutional Court Act) in law. Judges of the district courts are appointed by the President. A candidate must be at least 25 years old, is expected to have received a higher legal education (commonly a ''
specialist degree The specialist degree is an academic degree conferred by a college or university. The degree is formatted differently worldwide and may be either a five-year program or a doctoral level graduate program that occurs after a master's degree but bef ...
''), have at least 5 years of experience in the legal profession, and pass an examination from the
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry. Lists of current ministries of justice Named "Ministry" * Ministry of Justice (Abkhazia) * Ministry of Justice (Afghanistan) * Ministry of Jus ...
. A candidate for a position of a judge of garrison military court has to meet the same conditions as for a candidate for a position of a judge of district court. Initially, a candidate for a position of a judge of garrison military court had to have a
military rank Military ranks are a system of hierarchical relationships, within armed forces, police, intelligence agencies or other institutions organized along military lines. The military rank system defines dominance, authority, and responsibility in a m ...
of commissioned
officer An officer is a person who has a position of authority in a hierarchical organization. The term derives from Old French ''oficier'' "officer, official" (early 14c., Modern French ''officier''), from Medieval Latin ''officiarius'' "an officer," fro ...
, because judges of military courts were military personnel (although not subordinated to any military authority); however, since 30 June, 2009, when the amendments, contained in Federal Constitutional Law of 29 June, 2009, №3-FKZ, entered into force, judges of military courts are no longer military personnel and candidates are no longer necessary to have
military rank Military ranks are a system of hierarchical relationships, within armed forces, police, intelligence agencies or other institutions organized along military lines. The military rank system defines dominance, authority, and responsibility in a m ...
of commissioned
officer An officer is a person who has a position of authority in a hierarchical organization. The term derives from Old French ''oficier'' "officer, official" (early 14c., Modern French ''officier''), from Medieval Latin ''officiarius'' "an officer," fro ...
.
Justices of the peace A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sam ...
are usually appointed by the regional legislature, but may also be elected.
Justices of the peace A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sam ...
require most of the same qualifications.


Prosecutors

The
Prosecutor General of Russia The Prosecutor General of Russia (also Attorney General of Russia, russian: Генеральный прокурор Российской Федерации, Generalʹnyy prokuror Rossiyskoy Federatsii) heads the system of official prosecution i ...
is the highest prosecutor in Russia, and both he and his office are independent from the executive, legislative and judicial branches of power. The Prosecutor General remains the most powerful component of the Russian judicial system. The Prosecutor General is entrusted with: # prosecution in court on behalf of the State; # representation of the interests of a citizen or of the State in court in cases determined by law; # supervision of the observance of laws by bodies that conduct detective and search activity, inquiry and pre-trial investigation; # supervision of the observance of laws in the execution of judicial decisions in criminal cases, and also in the application of other measures of coercion related to the restraint of personal liberty of citizens. The Prosecutor General is nominated by the
President of Russia The president of the Russian Federation ( rus, Президент Российской Федерации, Prezident Rossiyskoy Federatsii) is the head of state of the Russian Federation. The president leads the executive branch of the federal ...
and appointed by the majority of
Federation Council The Federation Council (russian: Сове́т Федера́ции – ''Soviet Federatsii'', common abbreviation: Совфед – ''Sovfed''), or Senate (officially, starting from July 1, 2020) ( ru , Сенат , translit = Senat), is th ...
for a term of five years. If the nomination fails, the President must nominate another candidate within 30 days. The resignation of the Prosecutor General before the end of his term should be approved by both a majority of Federation Council and the President. The Prosecutor General leads the General Prosecutor's Office of Russian Federation. The prosecutor's offices of subjects of Russian Federation are subordinate to the General Prosecutor's Office of Russian Federation, and the prosecutor's offices of
cities A city is a human settlement of notable size.Goodall, B. (1987) ''The Penguin Dictionary of Human Geography''. London: Penguin.Kuper, A. and Kuper, J., eds (1996) ''The Social Science Encyclopedia''. 2nd edition. London: Routledge. It can be def ...
and
raion A raion (also spelt rayon) is a type of administrative unit of several post-Soviet states. The term is used for both a type of subnational entity and a division of a city. The word is from the French (meaning 'honeycomb, department'), and is c ...
s are subordinate to the prosecutor's offices of subjects of Russian Federation. There are specialized prosecutor's offices (environmental prosecutor's offices, penitentiary prosecutor's offices, transport prosecutor's offices, closed cities prosecutor's offices) which are subordinate to the General Prosecutor's Office of Russian Federation and have own subordinated prosecutor's offices. Finally, there is the Chief Military Prosecutor's Office of Russian Federation which is subordinate to the General Prosecutor's Office of Russian Federation and have own subordinated military prosecutor's offices (military prosecutor's office of
Western Military District The Western Military District (russian: Западный военный округ, Zapadnyy voyennyy okrug) is a military district of Russia. It is one of the five military districts of the Russian Armed Forces, with its jurisdiction prim ...
, military prosecutor's office of Eastern Military District, military prosecutor's office of
Southern Military District 200px, Headquarters of the district at 53 Pushkinskaya Street / 43 Budenovsky avenue, Rostov-on-Don The Southern Military District ( Russian: Южный военный округ) is a military district of Russia. It is one of the five milita ...
, military prosecutor's office of
Central Military District The Central Military District ( Russian: Центральный военный округ) is a military district of Russia. It is one of the five military districts of the Russian Armed Forces, with its jurisdiction primarily within the ...
, military prosecutor's office of
Northern Fleet Severnyy flot , image = Great emblem of the Northern Fleet.svg , image_size = 150px , caption = Northern Fleet's great emblem , start_date = June 1, 1733; Sov ...
, military prosecutor's office of
Baltic Fleet , image = Great emblem of the Baltic fleet.svg , image_size = 150 , caption = Baltic Fleet Great ensign , dates = 18 May 1703 – present , country = , allegiance = (1703–1721) (1721–1917) (1917–1922) (1922–1991)(1991–present) ...
, military prosecutor's office of
Black Sea Fleet Chernomorskiy flot , image = Great emblem of the Black Sea fleet.svg , image_size = 150px , caption = Great emblem of the Black Sea fleet , dates = May 13, ...
, military prosecutor's office of Pacific Fleet, military prosecutor's office of Strategic Missile Forces and Moscow city military prosecutor's office) which in turn have own subordinated military prosecutor's offices (
garrison A garrison (from the French ''garnison'', itself from the verb ''garnir'', "to equip") is any body of troops stationed in a particular location, originally to guard it. The term now often applies to certain facilities that constitute a mi ...
military prosecutor's offices). Prosecutors in a broad sense are directly prosecutors (who leads prosecutor's offices), their deputies, senior assistants and junior assistants. All of them are federal government
official An official is someone who holds an office (function or mandate, regardless whether it carries an actual working space with it) in an organization or government and participates in the exercise of authority, (either their own or that of their su ...
s, have special ranks ( rus, классные чины) and wear special
uniform A uniform is a variety of clothing worn by members of an organization while participating in that organization's activity. Modern uniforms are most often worn by armed forces and paramilitary organizations such as police, emergency services, se ...
with
shoulder mark A shoulder mark, also called rank slide, or slip-on, is a flat cloth sleeve worn on the shoulder strap of a uniform. It may bear rank or other insignia. A shoulder mark should not be confused with a ''shoulder board'' (which is an elaborate sh ...
s. Military prosecutors (in a broad sense) are military personnel, have
military rank Military ranks are a system of hierarchical relationships, within armed forces, police, intelligence agencies or other institutions organized along military lines. The military rank system defines dominance, authority, and responsibility in a m ...
s of commissioned officers and wear military
uniform A uniform is a variety of clothing worn by members of an organization while participating in that organization's activity. Modern uniforms are most often worn by armed forces and paramilitary organizations such as police, emergency services, se ...
with
shoulder mark A shoulder mark, also called rank slide, or slip-on, is a flat cloth sleeve worn on the shoulder strap of a uniform. It may bear rank or other insignia. A shoulder mark should not be confused with a ''shoulder board'' (which is an elaborate sh ...
s but they are not subordinate to any military authority (excepting higher military prosecutor).


Investigators/detectives

Russian Criminal Procedure Code provides 2 forms of criminal investigation (): directly investigation () and initial inquiries (). In this connection, there are two categories of investigators (
detective A detective is an investigator, usually a member of a law enforcement agency. They often collect information to solve crimes by talking to witnesses and informants, collecting physical evidence, or searching records in databases. This leads the ...
s): directly investigators () and persons conducting an initial inquiry (), in Russia. Both of these categories of law-enforcement personnel are not among operational personnel () which carry out the crime detection activity (). There are 3 law-enforcement authorities where investigators () serve, in Russia: * Investigative Committee *
Federal Security Service The Federal Security Service of the Russian Federation (FSB) RF; rus, Федеральная служба безопасности Российской Федерации (ФСБ России), Federal'naya sluzhba bezopasnosti Rossiyskoy Feder ...
* Ministry of Internal Affairs The Investigative Committee, sometimes described as the "Russian
FBI The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, t ...
", is the main federal investigating authority in Russia, formed in place of the Investigative Committee of the Prosecutor General in 2011. The investigative departments of subjects of Russian Federation are subordinate to the Investigative Committee, and the investigative divisions of
cities A city is a human settlement of notable size.Goodall, B. (1987) ''The Penguin Dictionary of Human Geography''. London: Penguin.Kuper, A. and Kuper, J., eds (1996) ''The Social Science Encyclopedia''. 2nd edition. London: Routledge. It can be def ...
and
raion A raion (also spelt rayon) is a type of administrative unit of several post-Soviet states. The term is used for both a type of subnational entity and a division of a city. The word is from the French (meaning 'honeycomb, department'), and is c ...
s are subordinate to the investigative departments of subjects of Russian Federation. There are specialized investigative departments (investigative departments on transport, investigative department of
Baikonur Cosmodrome ''Baiqoñyr ğaryş ailağy'' rus, Космодром Байконур''Kosmodrom Baykonur'' , image = Baikonur Cosmodrome Soyuz launch pad.jpg , caption = The Baikonur Cosmodrome's " Gagarin's Start" Soyu ...
) which are subordinate to the Investigative Committee and have own subordinated investigative divisions. Finally, there is the
Chief Military Investigative Department Chief may refer to: Title or rank Military and law enforcement * Chief master sergeant, the ninth, and highest, enlisted rank in the U.S. Air Force and U.S. Space Force * Chief of police, the head of a police department * Chief of the boa ...
which is subordinate to the Investigative Committee and have own subordinated military investigative departments (military investigative department of
Western Military District The Western Military District (russian: Западный военный округ, Zapadnyy voyennyy okrug) is a military district of Russia. It is one of the five military districts of the Russian Armed Forces, with its jurisdiction prim ...
, military investigative department of Eastern Military District, military investigative department of
Southern Military District 200px, Headquarters of the district at 53 Pushkinskaya Street / 43 Budenovsky avenue, Rostov-on-Don The Southern Military District ( Russian: Южный военный округ) is a military district of Russia. It is one of the five milita ...
, military investigative department of
Central Military District The Central Military District ( Russian: Центральный военный округ) is a military district of Russia. It is one of the five military districts of the Russian Armed Forces, with its jurisdiction primarily within the ...
, military investigative department of
Northern Fleet Severnyy flot , image = Great emblem of the Northern Fleet.svg , image_size = 150px , caption = Northern Fleet's great emblem , start_date = June 1, 1733; Sov ...
, military investigative department of
Baltic Fleet , image = Great emblem of the Baltic fleet.svg , image_size = 150 , caption = Baltic Fleet Great ensign , dates = 18 May 1703 – present , country = , allegiance = (1703–1721) (1721–1917) (1917–1922) (1922–1991)(1991–present) ...
, military investigative department of
Black Sea Fleet Chernomorskiy flot , image = Great emblem of the Black Sea fleet.svg , image_size = 150px , caption = Great emblem of the Black Sea fleet , dates = May 13, ...
, military investigative department of Pacific Fleet, military investigative department of Strategic Missile Forces and Moscow city military investigative department) which in turn have own subordinated military investigative divisions (
garrison A garrison (from the French ''garnison'', itself from the verb ''garnir'', "to equip") is any body of troops stationed in a particular location, originally to guard it. The term now often applies to certain facilities that constitute a mi ...
military investigative divisions). Investigators of the Investigative Committee in a broad sense are directly investigators, senior investigators, heads of investigative divisions and their deputies, heads of investigative departments and their deputies, Chairman and Vice-Chairmen of the Investigative Committee. All of them are federal government
official An official is someone who holds an office (function or mandate, regardless whether it carries an actual working space with it) in an organization or government and participates in the exercise of authority, (either their own or that of their su ...
s, have special ranks ( rus, специальные звания) and wear special
uniform A uniform is a variety of clothing worn by members of an organization while participating in that organization's activity. Modern uniforms are most often worn by armed forces and paramilitary organizations such as police, emergency services, se ...
with
shoulder mark A shoulder mark, also called rank slide, or slip-on, is a flat cloth sleeve worn on the shoulder strap of a uniform. It may bear rank or other insignia. A shoulder mark should not be confused with a ''shoulder board'' (which is an elaborate sh ...
s. Military investigators (in a broad sense) are military personnel, have
military rank Military ranks are a system of hierarchical relationships, within armed forces, police, intelligence agencies or other institutions organized along military lines. The military rank system defines dominance, authority, and responsibility in a m ...
s of commissioned officers and wear military
uniform A uniform is a variety of clothing worn by members of an organization while participating in that organization's activity. Modern uniforms are most often worn by armed forces and paramilitary organizations such as police, emergency services, se ...
with
shoulder mark A shoulder mark, also called rank slide, or slip-on, is a flat cloth sleeve worn on the shoulder strap of a uniform. It may bear rank or other insignia. A shoulder mark should not be confused with a ''shoulder board'' (which is an elaborate sh ...
s but they are not subordinate to any military authority (excepting higher military investigator). There are 5 law-enforcement authorities where persons conducting an initial inquiry () serve, in Russia: * Ministry of Internal Affairs * Border Service * Federal Bailiffs Service *
Russian State Fire Service Russian State Fire Service (russian: Государственная противопожарная служба, ''Gosudarstvennaya protivopozharnaya sluzhba'') is the highest fire service body of Russian Federation. A part of the Ministry of Em ...
of Ministry of Emergency Situations * Federal Customs Service


Advocates

In Russia, anyone with a legal education (lawyer) can practice law, but only a member of the ' () may practice before a criminal court (other person can be a defence counsel in criminal proceeding along with a member of ''Advokatura'' but not in lieu him) and
Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
(leaving aside persons having
academic degree An academic degree is a qualification awarded to students upon successful completion of a course of study in higher education, usually at a college or university. These institutions commonly offer degrees at various levels, usually including u ...
of
candidate A candidate, or nominee, is the prospective recipient of an award or honor, or a person seeking or being considered for some kind of position; for example: * to be elected to an office — in this case a candidate selection procedure occurs. * ...
or
doctor Doctor or The Doctor may refer to: Personal titles * Doctor (title), the holder of an accredited academic degree * A medical practitioner, including: ** Physician ** Surgeon ** Dentist ** Veterinary physician ** Optometrist *Other roles ** ...
in juridical sciences who also can represent parties in constitutional proceeding).
Specialist degree The specialist degree is an academic degree conferred by a college or university. The degree is formatted differently worldwide and may be either a five-year program or a doctoral level graduate program that occurs after a master's degree but bef ...
in law is the most commonly awarded
academic degree An academic degree is a qualification awarded to students upon successful completion of a course of study in higher education, usually at a college or university. These institutions commonly offer degrees at various levels, usually including u ...
in Russian jurisprudence but after Russia's accession to the Bologna process only
bachelor A bachelor is a man who is not and has never been married.Bachelors are, in Pitt & al.'s phrasing, "men who live independently, outside of their parents' home and other institutional settings, who are neither married nor cohabitating". (). Etymo ...
of laws and master of laws
academic degree An academic degree is a qualification awarded to students upon successful completion of a course of study in higher education, usually at a college or university. These institutions commonly offer degrees at various levels, usually including u ...
s are available in Russian institutions of higher education. An "advocate" is a lawyer who has demonstrated qualification and belongs to an organizational structure of Advocates specified by law, known as being "
called to the bar The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call t ...
" in Commonwealth countries. An examination is administered by the qualifications commission of regional advocate's chamber for admission to its '. To sit for the exam, one must have a higher legal education and also two years of experience in legal work after graduation or a training program in a law firm after graduation. The exam is both
written Writing is a medium of human communication which involves the representation of a language through a system of physically inscribed, mechanically transferred, or digitally represented symbols. Writing systems do not themselves constitute h ...
and
oral The word oral may refer to: Relating to the mouth * Relating to the mouth, the first portion of the alimentary canal that primarily receives food and liquid **Oral administration of medicines ** Oral examination (also known as an oral exam or ora ...
, but the main test is oral. The written exam takes place in the form of computer testing and includes issues of the professional conduct of advocate and advocate's professional responsibility. After successfully passing of the written exam the candidates are allowed to take the oral exam. As part of the oral exam, the candidate must demonstrate his knowledge in various bodies of law and solve some mimic a real-life legal tasks. The candidate who does not pass the qualification exam can try to pass it again after 1 year only. The qualifications commission is composed of seven Advocates, two judges, two representatives of the regional legislature, and two representatives of the
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry. Lists of current ministries of justice Named "Ministry" * Ministry of Justice (Abkhazia) * Ministry of Justice (Afghanistan) * Ministry of Jus ...
. After successful passing the qualification exam a candidate should take the oath of advocate. From the moment of taking the oath, he becomes an advocate and a member of the advocate's chamber of the relevant
federal subject of Russia The federal subjects of Russia, also referred to as the subjects of the Russian Federation (russian: субъекты Российской Федерации, subyekty Rossiyskoy Federatsii) or simply as the subjects of the federation (russian ...
. Advocate's chamber sends relevant information to the territorial subdivision of the
Ministry of Justice of the Russian Federation The Ministry of Justice of the Russian Federation (russian: Министе́рство юсти́ции Росси́йской Федера́ции, Миню́ст Росси́и) is a ministry of the Government of Russia responsible for the l ...
, which includes the new advocate in the register of Advocates of the relevant
federal subject of Russia The federal subjects of Russia, also referred to as the subjects of the Russian Federation (russian: субъекты Российской Федерации, subyekty Rossiyskoy Federatsii) or simply as the subjects of the federation (russian ...
and issues to him an advocate's certificate, which is the only official document confirming the status of an advocate, on the basis of this information. The status of an advocate is granted for an indefinite period and is not limited by any age. There is only 1 advocate's chamber in each
federal subject of Russia The federal subjects of Russia, also referred to as the subjects of the Russian Federation (russian: субъекты Российской Федерации, subyekty Rossiyskoy Federatsii) or simply as the subjects of the federation (russian ...
. Each advocate can be the member of only 1 advocate's chamber and can be listed in the register of Advocates of the relevant
federal subject of Russia The federal subjects of Russia, also referred to as the subjects of the Russian Federation (russian: субъекты Российской Федерации, subyekty Rossiyskoy Federatsii) or simply as the subjects of the federation (russian ...
only. In case of relocation to another region, the advocate ceases to be a member of the advocate's chamber and should be excluded from register of Advocates at the old place of residence (advocate's certificate should be returned to the subdivision of the
Ministry of Justice of the Russian Federation The Ministry of Justice of the Russian Federation (russian: Министе́рство юсти́ции Росси́йской Федера́ции, Миню́ст Росси́и) is a ministry of the Government of Russia responsible for the l ...
, which issued it), and after that he becomes a member of the advocate's chamber and is included in the register of Advocates at the new place of residence (where he receive new advocate's certificate) without any exams. Each advocate can carry out his professional activity throughout Russia, regardless of membership in particular regional advocate's chamber and regardless of particular regional register where he is listed in. Advocates carry out their professional activity individually (advocate's cabinet) or as the member of advocate's
juridical person A juridical person is a non-human legal person that is not a single natural person but an organization recognized by law as a fictitious person such as a corporation, government agency, NGO or International (inter-governmental) Organization (suc ...
(collegium of Advocates, advocate's bureau). Advocate can open own cabinet after at least 3 years legal practice in collegium or bureau. An advocate, who has opened own cabinet, can not be the member of any advocate's
juridical person A juridical person is a non-human legal person that is not a single natural person but an organization recognized by law as a fictitious person such as a corporation, government agency, NGO or International (inter-governmental) Organization (suc ...
, and an advocate, who is the member of one advocate's
juridical person A juridical person is a non-human legal person that is not a single natural person but an organization recognized by law as a fictitious person such as a corporation, government agency, NGO or International (inter-governmental) Organization (suc ...
, can not be the member of any other advocate's
juridical person A juridical person is a non-human legal person that is not a single natural person but an organization recognized by law as a fictitious person such as a corporation, government agency, NGO or International (inter-governmental) Organization (suc ...
. Advocate is obliged to report to advocate's chamber any changes in his membership in a collegium or a bureau and, equally, opening and closing a cabinet. An advocate can not be an individual entrepreneur,
government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government i ...
official An official is someone who holds an office (function or mandate, regardless whether it carries an actual working space with it) in an organization or government and participates in the exercise of authority, (either their own or that of their su ...
,
municipal A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the ...
official An official is someone who holds an office (function or mandate, regardless whether it carries an actual working space with it) in an organization or government and participates in the exercise of authority, (either their own or that of their su ...
,
notary A notary is a person authorised to perform acts in legal affairs, in particular witnessing signatures on documents. The form that the notarial profession takes varies with local legal systems. A notary, while a legal professional, is disti ...
,
judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility ...
,
elected Elected may refer to: * "Elected" (song), by Alice Cooper, 1973 * ''Elected'' (EP), by Ayreon, 2008 *The Elected, an American indie rock band See also *Election An election is a formal group decision-making process by which a populatio ...
official An official is someone who holds an office (function or mandate, regardless whether it carries an actual working space with it) in an organization or government and participates in the exercise of authority, (either their own or that of their su ...
. An advocate can not work under an
employment Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any ot ...
( labour)
contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tr ...
, with the exception of
scientific Science is a systematic endeavor that builds and organizes knowledge in the form of testable explanations and predictions about the universe. Science may be as old as the human species, and some of the earliest archeological evidence f ...
and
teaching Teaching is the practice implemented by a ''teacher'' aimed at transmitting skills (knowledge, know-how, and interpersonal skills) to a learner, a student, or any other audience in the context of an educational institution. Teaching is closely r ...
activities. An advocate may combine his status with the status of a patent attorney, a
trustee in bankruptcy A trustee in bankruptcy is an entity, often an individual, in charge of administering a bankruptcy estate. Canada In Canada, a licensed insolvency trustee (LIT) is an individual or a corporation licensed by the official superintendent to hold ...
. An advocate may be a
shareholder A shareholder (in the United States often referred to as stockholder) of a corporation is an individual or legal entity (such as another corporation, a body politic, a trust or partnership) that is registered by the corporation as the legal ow ...
/
owner Ownership is the state or fact of legal possession and control over property, which may be any asset, tangible or intangible. Ownership can involve multiple rights, collectively referred to as title, which may be separated and held by different ...
of business
juridical person A juridical person is a non-human legal person that is not a single natural person but an organization recognized by law as a fictitious person such as a corporation, government agency, NGO or International (inter-governmental) Organization (suc ...
s and a member of
voluntary associations A voluntary group or union (also sometimes called a voluntary organization, common-interest association, association, or society) is a group of individuals who enter into an agreement, usually as volunteers, to form a body (or organization) to a ...
and
political parties A political party is an organization that coordinates candidates to compete in a particular country's elections. It is common for the members of a party to hold similar ideas about politics, and parties may promote specific ideological or po ...
. Russian advocate may have a status of advocate ( attorney, barrister,
solicitor A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...
) in foreign
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Ju ...
, subject to above conditions. Russian law provides for voluntary and involuntary suspension of advocate's status. Voluntary suspension for a term of 1 to 10 years occurs when an Advocate files relevant application to the advocate's chamber. Involuntary suspension is applicable in cases of serious illness, election to an elected position in federal, regional or local authorities, military conscription, declaration of absence made by the court decision. An Advocate can not carry out advocate's activity during suspension, otherwise he may be deprived of the right to be an Advocate. After the end of the suspension, advocate's status should be resumed without any additional conditions. Also Russian law provides for voluntary and involuntary termination of advocate's status. Voluntary termination of the status occurs when an Advocate files relevant application to the advocate's chamber. Involuntary termination of the status is applicable in cases of death, declaration of no having legal capacity or having limited legal capacity made by the court decision, conviction for intentional crime made by the court decision, violations of the federal law regulating advocate's activity or advocate's code of conduct found by advocate's chamber. The latter two cases incur lifetime prohibition on being an Advocate. In other cases, ex-Advocate can go back to being an Advocate on general grounds through a passing the qualification exam, on condition that the reasons for termination of advocate's status have ceased to exist. Advocate's chambers are professional associations of Advocates, which are based on mandatory membership of Advocates. All regional advocate's chambers are mandatory members of Federal Chamber of Advocates of Russian Federation (russian: Федеральная палата адвокатов Российской Федерации), which is professional association at the federal level. As of 2018, there were 49,4 Advocates per people in Russia. In Russia, foreign Advocates can advise on the legislation of their countries; they should register in the special register maintained by the
Ministry of Justice of the Russian Federation The Ministry of Justice of the Russian Federation (russian: Министе́рство юсти́ции Росси́йской Федера́ции, Миню́ст Росси́и) is a ministry of the Government of Russia responsible for the l ...
to obtain the right to carry out this activity. Foreign advocate can in addition become Russian advocate. There are two possible paths for that. The first possibility is to become Russian advocate on the same basis as Russian citizens (i.e. through higher legal education in one of Russian universities, two years of experience in legal work in Russia after graduation or a training program in Russian law firm after graduation, successful passing the qualification exam). Since Russia's
WTO The World Trade Organization (WTO) is an intergovernmental organization that regulates and facilitates international trade. With effective cooperation in the United Nations System, governments use the organization to establish, revise, and e ...
Accession the second possibility is available: foreign advocate can just pass special qualification exam to become Russian advocate.


Jurors

A juror must be 25 years old, legally competent, and without a criminal record. The right to a jury trial is provided by Constitution of Russian Federation but for criminal cases only and in the procedure defined by law. Initially, the Criminal Procedure Code, which was adopted in 2001, provided that the right to a jury trial could be realized in criminal cases which should be heard by regional courts and military courts of military districts/fleets as the courts of first instance; the jury was composed of 12 jurors. In 2008, the anti-state criminal cases (treason, espionage, armed rebellion, sabotage, mass riot, creating an illegal paramilitary group, forcible seizure of power, terrorism) were removed from the jurisdiction of the jury trial. From 1 June 2018, defendants can claim a jury trial in criminal cases which are heard by district courts and garrison military courts as the courts of first instance; from that moment on, the jury is composed of 8 (in regional courts and military courts of military districts/fleets) or 6 (in district courts and garrison military courts) jurors.


Law

The judiciary is primarily regulated by the
Constitution of Russia The Constitution of the Russian Federation () was adopted by national referendum on 12 December 1993. Russia's constitution came into force on 25 December 1993, at the moment of its official publication, and abolished the Soviet system of go ...
, the Code of Criminal Procedure, and the 1996 Federal Constitutional Law on the Judicial System of the Russian Federation. The Constitution states that the judicial branch is independent of the legislative and executive branches. There is no usage of
precedent A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great val ...
, as used in
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
legal systems. As such, the law on appeal may depend on the composition of the chamber deciding the appeal. A chamber normally consists of 3 judges, out of the dozens of judges within the court (19 in the Constitutional Court, 115 in the Supreme Court). Without the legal principle of ''stare decisis'', for each case a chamber may come to a different, even contradictory, conclusion, even compared to chambers within the same session. If they come to relatively consistent decisions, those in civil law legal systems call this '' jurisprudence constante''.


Criminal procedure

Everyone has the right of legal assistance. The accused have the right to a defense lawyer from the time they are detained, put in custody, charged, or declared a suspect. According to the 2001 Code of Criminal Procedure, defense lawyers can participate in investigations with the consent of the prosecutor, meet privately with a client, collect evidence independently of the prosecutor, identify defense witnesses, present expert witnesses, be present for all court procedures, access to the prosecutions evidence after the investigation, and to file appeals regarding court procedures. For serious and specific crimes, the accused have the option of a
jury trial A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions. Jury trials are used in a significant ...
consisting of 12 jurors. The crimes that may be tried by a jury are murder, kidnapping, rape with aggravating circumstances, child trafficking, gangsterism, large-scale bribery, treason, terrorism, public calls for violent change in the constitutional system or for the seizure of power, and select other crimes against the state. The
Constitution of Russia The Constitution of the Russian Federation () was adopted by national referendum on 12 December 1993. Russia's constitution came into force on 25 December 1993, at the moment of its official publication, and abolished the Soviet system of go ...
stipulates that, until the abolition of the death penalty, all defendants in a case that may result in a death sentence are entitled to a jury trial. Jurors are selected by the prosecution and defense from a list of 30-40 eligible candidates. They are similar to common law
juries A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England duri ...
, and unlike
lay judge A lay judge, sometimes called a lay assessor, is a person assisting a judge in a trial. Lay judges are used in some civil law jurisdictions. Lay judges are appointed volunteers and often require some legal instruction. However, they are not perman ...
s, in that they sit separately from the judges and decide questions of fact alone while the judge determines questions of law. They must return unanimous verdicts during the first 3 hours of deliberation, but may return majority verdicts after that, with 6 jurors being enough to acquit. They may also request that the judge show leniency in sentencing.


Analysis and criticism

The ''arbitrazh'' courts have been singled out as particularly effective in dealing with business issues. Also, the number of people seeking assistance of the judicial system has increased from 1 million under Yeltsin to 6 million under Putin. However,
Transparency International Transparency International e.V. (TI) is a German registered association founded in 1993 by former employees of the World Bank. Based in Berlin, its nonprofit and non-governmental purpose is to take action to combat global corruption with civ ...
found that 78% of respondents reported they did not expect to find justice in the courts. Both public perception and comments from senior judges point to bribery as prevalent at the trial court level. Carnegie Moscow Center states that judges only give out not-guilty verdicts once every seven years, and that those verdicts will be repealed. There have been serious violations of the accepted
separation of powers Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
doctrine.
Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
Judge and Council of Judges member Vladimir Yaroslavtsev, in a 2009 interview with the Spanish newspaper ''
El País ''El País'' (; ) is a Spanish-language daily newspaper in Spain. ''El País'' is based in the capital city of Madrid and it is owned by the Spanish media conglomerate PRISA. It is the second most circulated daily newspaper in Spain . ''El Pa ...
'', claimed that the presidential executive office and security services had undermined
judicial independence Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan inte ...
in Russia. Constitutional Court Judge Anatoly Kononov, who had frequently dissented from decisions taken by the majority of the court, in his interview to ''Sobesednik'' supported Yaroslavtsev, claiming that there was no independent judiciary in Russia. There have been accusations of systematic attempts to undermine jury trials, including juror intimidation and bribery, and systematic trial delays. The number of jury trials remains small, at about 600 per year, out of about 1 million trials. Lawmakers are continuously chipping away at what types of criminal offenses merit a jury trial. Juries have granted acquittals in 15-20% of cases, compared with less than 1% in cases decided by judges. Juries may be dismissed and skeptical juries have been dismissed on the verge of verdicts, and acquittals are frequently overturned by higher courts. Compared to other industrialized nations, Russia has historically had a small number of lawyers in relation to its population. In 2002 there were 47,000 defense lawyers in all of Russia, while the courts sentenced about 1 million people for criminal offenses and considered 3 million administrative offenses and 2.5 million civil cases, and the Russian Census of 2002 put the resident population at more than 145 million people. For a comparison to the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territo ...
, the number of active lawyers practicing before the judiciary of California as of December 2012 was more than 179,000, while the
2010 United States Census The United States census of 2010 was the twenty-third United States national census. National Census Day, the reference day used for the census, was April 1, 2010. The census was taken via mail-in citizen self-reporting, with enumerators servi ...
put the California population at more than 37 million people. The court chairperson has sole discretion for allocation of court cases, and there is no systematic procedure for allocation based on objective criteria. There have been reports where the chairperson always assigns sensitive cases to particular judges or transfers cases to another judge during an ongoing trial. There have been allegations of corruption concerning the
oral exam The oral exam (also oral test or '; ' in German-speaking nations) is a practice in many schools and disciplines in which an examiner poses questions to the student in spoken form. The student has to answer the question in such a way as to demonst ...
required for admission to the ', known as being "
called to the bar The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call t ...
" in commonwealth countries. The crucial question of contemporary Russian judiciary is the specialisation of judges and courts. One of the significant event on this topic was the International conference - First Siberian Legal Forum "Specialisation of judges and courts: International experience and Russian perspective", held in Tyumen city (October 17–18, 2014) and organised by Tyumen State University and Dmitry Maleshin


History

Trial by jury was first introduced in the
Russian Empire The Russian Empire was an empire and the final period of the Russian monarchy from 1721 to 1917, ruling across large parts of Eurasia. It succeeded the Tsardom of Russia following the Treaty of Nystad, which ended the Great Northern War. T ...
as a result of the
Judicial reform of Alexander II The judicial reform of Alexander II is generally considered one of the most successful and consistent of all his reforms (along with the military reform). A completely new court system and order of legal proceedings were established. The main re ...
in 1864, and abolished after the
October Revolution The October Revolution,. officially known as the Great October Socialist Revolution. in the Soviet Union, also known as the Bolshevik Revolution, was a revolution in Russia led by the Bolshevik Party of Vladimir Lenin that was a key moment ...
in 1917. They were reintroduced in the Russian Federation in 1993, and extended to another 69 regions in 2003. Its reintroduction was opposed by the Prosecutor General. Magistrate courts were first created in 1864, abolished in 1917, and gradually reintroduced from 2001 to 2003.
Lay judge A lay judge, sometimes called a lay assessor, is a person assisting a judge in a trial. Lay judges are used in some civil law jurisdictions. Lay judges are appointed volunteers and often require some legal instruction. However, they are not perman ...
s were in use in the
Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, ...
. After a 1958 reform they were elected for 2 years at general meetings of colleagues at their place of work or residence, or at higher levels appointed by the soviet. The incidents of lay judges overruling professional judges was rare, and was officially reported in only 1 case by the late 1960s. Unlike the juries of the United States, lay judges were not selected from panels that are cross-sections of the entire population, but selected by institutions in each district. On 25 May 2001, President
Putin Vladimir Vladimirovich Putin; (born 7 October 1952) is a Russian politician and former intelligence officer who holds the office of president of Russia. Putin has served continuously as president or prime minister since 1999: as prime min ...
proposed the Federal Law "On Amending the Federal Law On the Status of Judges In the Russian Federation", which was passed by the Duma, and signed by President Putin on 15 December 2001. The law introduced disciplinary and administrative responsibility for judges. The Federal Law on Organs of the Judicial Community, which is the legal basis for the judicial organs of self-government, was passed in 2002.
Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
Judge and Council of Judges member Vladimir Yaroslavtsev, in a 2009 interview with the Spanish newspaper
El País ''El País'' (; ) is a Spanish-language daily newspaper in Spain. ''El País'' is based in the capital city of Madrid and it is owned by the Spanish media conglomerate PRISA. It is the second most circulated daily newspaper in Spain . ''El Pa ...
, claimed that the presidential executive office and security services had undermined
judicial independence Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan inte ...
in Russia. Constitutional Court Judge Anatoly Kononov, who had frequently dissented from decisions taken by the majority of the court, in his interview to Sobesednik supported Yaroslavtsev, claiming that there was no independent judiciary in Russia. In October the Constitutional Court in an unprecedented motion accused Yaroslavtsev of "undermining the authority of the judiciary" in violation of the judicial code, and Yaroslavtsev eventually resigned from the Council of Judges but remained a judge; Kononov resigned from the Constitutional Court on 1 January 2010, seven years ahead of schedule. The VIII All-Russian Congress of Judges met from 17–19 December 2012.


See also

*
Law enforcement in Russia In the Russian Federation, law enforcement is the responsibility of a variety of different agencies. The Russian police (formerly the ') are the primary law enforcement agency, with the Investigative Committee of Russia as the main investigative ...


Notes


Further reading

* * * * * * * * * * * * * {{Judiciaries of Asia *