Jurisdiction of the Courts of General Jurisdiction

In particular, individuals and legal entities may defend their rights in courts of general jurisdiction in case these individuals and legal entities are parties to a disputable legal relationship. The following cases are considered in courts of general jurisdiction:

• Cases and claims arising from civil, family, labour relations

• Disputes arising from public legal relations

• Contesting by an individual (a group of individuals) of normative legal acts

• Disputes of public or religious organizations (associations) with bodies of state power or state officials disputes between public and religious organizations

• Cases and claims arising from administrative legal relations

• Cases and claims arising from transportation agreements

The above list may be continued: courts of general jurisdiction may also consider other disputes. Having the largest capacity, the jurisdiction of these courts is determined first of all on the basis of Article 46 of the Constitution of the Russian Federation according to which «each person is guaranteed to have judicial protection of his/her rights and freedoms», while «decisions and actions (inaction) of bodies of state power, of bodies of local self-government, of public organizations or officials of these bodies and organizations may be appealed against in court». Therefore, the scope of issues considered by courts of general jurisdiction may only be determined by the method of exclusion — i.e. courts of general jurisdiction consider all disputes except those that pertain to jurisdiction of the Constitutional Court or of Arbitrazh courts. Still, there is the general criteria for determining what cases are considered by courts of general jurisdiction — that is depending on who are the participants of disputes. The general rule implies that courts of general jurisdiction consider disputes with at least one party — an individual (providing the given dispute is not related to entrepreneurial activity of an individual entrepreneur).

The Supreme Court of the Russian Federation

The Supreme Court is the highest judicial body for civil, criminal, business and other cases. It has the power of supervision over the activities of all the judicial bodies of the state. The Supreme Court gives the court interpretation on the issues of court practice. It tries the most important criminal and civil cases and likewise hears appeals against the judgements and sentences of other courts, as well as appeals against the judgements and sentences of the military courts of the state.

The Civil Colleague of the Supreme Court of the Russian Federation has full original jurisdiction in all matters, so no action may be excluded from the Supreme Court. Its jurisdiction is unlimited. It hears appeals from the Supreme Courts of the Republics of the Russian Federation, the Area, Oblasts, Cities of federal importance, Autonomy Oblast and Autonomies Circuit Courts as well.

The Criminal Colleague of the Supreme Court of the Russian Federation is the body exercising highest general criminal jurisdiction.

Vocabulary

compliance n выполнение, соблюдение (правовых норм)

contesting n оспаривание

determine a casev вынести решение по делу; принять решение по делу

ensurev гарантировать; обеспечивать

file a claimv заявить требование

infringev нарушать (права, закон, нормы)

observancen наблюдение; соблюдение

pertain v относиться

power of supervisionn право надзора

scope n охват; сфера применения

stipulate v обусловливать

Reading tasks

AAnswer these questions.

1 What does the term ‘jurisdiction’ mean?

2 What are three forms of jurisdiction?

3What is the function of the Constitutional Court?

4Who may file their claims to the Constitutional Court?

5In what cases the claims may be filed?

6What are the peculiarities of jurisdiction of the Constitutional Court?

7 What cases are considered in courts of general jurisdiction?

8What Article of the Constitution of the RF determines the jurisdiction of courts of general jurisdiction? What is this Article about?

9What are the functions of the Supreme Court?

Comprehension check

BSay if it is true (T) or false (F).

1The Supreme Court of the Russian Federation is the supreme judicial body both for civil and military courts of general jurisdiction.

2The Supreme Court forms the basis of the system of general jurisdiction courts in Russia.

3 Jurisdiction means the power of a court to hear and determine a case.

4 The Constitutional Court tries the most important criminal and civil cases.

CFinish the following sentences using the facts from the text.

1If a court hears appeals from a lower court it is said…

2The basic principle in determining court’s jurisdiction is the…

3Normative legal acts of Ministries are appealed against in…

4Individuals and legal entities may defend their rights in…

5The Criminal Colleague of the Supreme Court exercises…

6The highest judicial body is…

Vocabulary tasks

AMatch the following legal terms with their Russian equivalents.

	judicial body	a	гражданское дело
	claim	b	юридическое лицо
	judicial branch	c	надзор
	civil case	d	судебный орган
	supervision	e	законодательная власть
	legal entity	f	судебная власть
	legislative branch	g	жалоба
	complaint	h	иск

BUse an appropriate word or phrase from the box to complete each sentence.

legal entities claim criminal cases courts of general jurisdiction lawsuit Constitutional Court supervises

1 A ______ on property dispute is considered at the location of the defendant.

2 The case was filed by ______ engaged in business activity

3The ______ of the Russian Federation tried the case on compliance with the Constitution norms.

4 Cases and claims arising from civil, family and labour relations are considered in______.

5 The court of the general jurisdiction refuses to accept and consider the ______ if it does not refer to the court’s competence.

6 The Supreme Court of the Russian Federation acts as a court of first instance with respect to ______ of extra complexity.

7 The general Supreme Court of the Russian Federation ______ all courts of the jurisdiction.

Text C