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Russian Civil Judicial System
The authors are Anton Burkov and Douglas Kramer. Mr. Burkov
is a legal officers with the Urals Centre for Constitutional and International
Human Rights Protection of the NGO Sutyajnik (Yekaterinburg, Russia), Contacts:
t./f.:+7-343-355-56-31; burkov@sutyajnik.ru;
www.sutyajnik.ru, Mr. Kramer is an American attorney working at the Urals
Center as a volunteer from the International Senior Lawyers Project (New York,
USA),
www.islp.org
1. Court systems: There are 4
systems, each independent of the others.
1.1 Constitutional courts
1.2 Courts of General
Jurisdiction
1.3 Commercial (“Arbitrajnii”)
Courts
1.4 Military Courts
2. Constitutional Courts:
There are two independent systems: (1) Constitutional Court of the Russian
Federation; (2) Charter (or Constitutional) Courts of the Subjects of the Russia
Federation (“RF”)
2.1. Constitutional Court
of the Russian Federation (RF): Two chambers/19 judges
2.1.1 Jurisdiction
2.1.1.1 Interpret the
Russian Federal Constitution.
2.1.1.2 Decide whether a
federal law is inconsistent with the federal Constitution.
2.1.1.3 Decide whether laws and regulations of the Republics and Oblasts are
inconsistent with federal Constitution
2.1.2. Standing:
2.1.2.1 Only state organs
have the right to seek interpretation of the Russian Federal Constitution
2.1.2.2 Citizens can invoke 2.1.1.2 and 2.1.1.3 jurisdiction if they can
establish “admissibility” (somewhat akin to a “case or controversy”)
2.2. Constitutional Courts
(or Charter Courts) of the Subjects of the Russian Federation
2.2.1 Jurisdiction:
2.2.1.1. Interpret Regional
Constitutions and Charters
2.2.1.2. Decide whether Oblast or local statutes are consistent with Regional
Constitutions and Charters
3. Courts of General Jurisdiction: Four levels: Supreme Court; Courts of
the Subjects of the RF; District Courts; Peace Judges
3.1. Supreme Court: one
court, located in Moscow
3.1.1. Jurisdiction
3.1.1.1. Court of Cassation
(an appeal on the law; an appeal on the facts in exceptional circumstances) from
Courts of the Subjects of the RF.
3.1.1.1.1 Problem: the final
appeal for citizens lies in the Supreme Court, BUT the Government can start an
original proceeding in the Constitutional Court, which may render an
inconsistent opinion.
3.1.1.2 Original jurisdiction:
Conflicts between acts of government bodies of the RF and federal legislation:
3.1.1.2.1 Note: This is the only route for citizens to challenge federal
government regulations (subsidiary legislation) as violating federal
legislation, as citizens lack competence to make such
a challenge in the Constitutional Court.
3.1.1.3 Regulations:
Supreme Court can issue Regulations, explaining how a statute should be applied.
These are binding on all lower courts of general jurisdiction
3.1.1.3.1 Problem: Supreme Court claims power to issue Regulations on
consistency of statutes with federal Constitution, but Constitutional Court
claims exclusive jurisdiction to make this determination.
3.2 Courts of the Subjects of the RF: 89 such courts, one in each
Republic/Oblast, plus one each in Moscow and St Petersburg
3.2.1 Jurisdiction:
3.2.1.1 Courts of Cassation
from District Court
3.2.1.2 Original
jurisdiction:
3.2.1.2.1 Challenges to
normative laws and regulations of regional authorities
3.2.1.2.1.1 Challenges to
acts relating to individuals (private legislation) go to District Court
3.2.1.2.2 Adoption
3.3 District Courts: may be one in each city district (there are 7 in
Yekaterinburg), one for each smaller town, one for a group of villages
3.3.1 Jurisdiction:
3.3.1.1 Decides more serious cases than Peace Justices (see 3.4); challenges to
local acts of local governments
3.3.1.2 Decides Appeals from
Peace Judges: decision is final
3.3.2 Appeals from District
Court judgments via cassation proceeding go to Courts of the Subjects of the RF
3.4 Peace Judges
(similar to Magistrates): in each District there may be several Peace Judges.
3.4.1. Jurisdiction: handles
small claims, petty offenses
3.4.2 Appeals: to District
Court: decision is final
4 Commercial Courts
(Arbitrajni)
4.1 Commercial cases:
parties must be commercial enterprises; must operate “for profit.”
4.2 Three levels: Supreme Arbitrajni Court; Appeals Courts; Arbitrajni Courts
of the Subjects of the RF
4.2.1 Supreme Arbitrajni
Court: cassation and original jurisdiction
4.2.1.1 Original jurisdiction
over disputes between Russian government and commercial parties
4.2.1.2 Can review normative
acts of Government
4.2.1.3 Chief Justice or Chief Procurator can order extraordinary appeal from
Cassation decision, which goes to a new panel
4.2.1.4 Can issue Regulations
4.2.2 Appeals Courts: 11 (one for each of the 11 regions): can consider
new evidence (unlike a Cassation proceeding, which is limited to review of the
law)
4.2.3 Arbitrajni Courts
of the Subjects of the RF: 89 courts
4.2.2.1 Appeals (not
cassation): to Appeals Courts
5 Appointment of Judges:
5.1 Constitutional Courts: appointed by higher chamber of Federal Assembly
after Presidential nomination for 9 year term?
5.2
Supreme Court: appointed by the higher chamber of the Federal Assembly
after nomination by the President. Appointed without term limit
5.3 District Court/ Courts of the Oblasts and Republics: Judges appointed by
President without approval by Assembly. Three year probationary term followed by
re-appointment without limit
5.4 Peace Judges: Elected for 5 year terms by the population of their circuit.
6 European Court on Human Rights: Review Outside the Russian Judicial
System of Human Rights Issues
6.1 Established 4 November 1950 by the Convention for the Protection of Human
Rights and Fundamental Freedoms
6.2 Jurisdiction: Defined by European Convention for Protection of Human
Rights and Fundamental Freedoms (the “Convention”): Enforce Articles and
Protocols of the Convention
6.3 Criteria of Admissibility
6.3.1 Violation of a Right
(Article/Protocol of the Convention)
6.3.2 Dispute between
individual and government agency
6.3.3 Violation must occur within the scope of the jurisdiction of the
government party (“acting within scope of authority”)
6.3.4 Violation must take place while Convention is in effect. A violation may
have commenced before effective date of Convention, but must continue beyond
that date.
6.3.5 Exhaust all domestic
remedies
6.3.6 Limitations: 6 months
after final judgment in domestic jurisdiction
6.3.7 States can sue each
other on behalf of citizens
Republics have Constitutional Courts,
Oblasts have Charter Courts. These courts are independent from the
Constitutional Court. However, they have similar jurisdiction and
resolve cases about compliance of regional laws and other normative acts
(laws of general applicability, as opposed to individual acts) of
regional and local governments with constitutions (chapters) of the
subjects of the Russian Federation. As of December 2003 there were
15Charter courts even though there are 87 Republics and Oblasts, plus
Moscow and St. Petersburg, It is not mandatory that such courts be
created . Article 27 of the Law on Judicial System of the Russian
Federation stipulates only the possibility of creating Charter
courts in the subjects of the Russian Federation.
A unique element of the machinery of
domestic law implementation that exists in the Russian legal system are
Regulations (‘Postanovleniya’), which are enacted by the Plenum of the
Supreme Court and the Plenum of the Supreme Commercial (Arbitration)
Court of the Russian Federation. Regulations are “explanations on
judicial practice issues” based on the overview and generalization of
the lower courts’ and the supreme courts’ jurisprudence. They are
abstract opinions that are, however, legally binding on all lower courts
and which summarize judicial practice of lower courts and explain the
way a particular provision of the law shall be applied. They are
employed for the purpose of obtaining consistent application of Russian
law by explaining how the law shall be interpreted. Regulations have
their legal basis in Articles 126 and 127 of the Constitution.
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