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The Supreme Court of the Russian Federation
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The Supreme Court of the Russian Federation is the highest court within the system of courts of general jurisdiction, that is in relation to the supreme courts of the subjects of the Russian Federation as well as regional courts, courts of cities with federal status, courts of autonomous provinces and regions, and military tribunals.
It also acts as a first instance court in some limited cases, and as a second instance court in cases where supreme courts of the subjects of the Russian Federation as well as regional courts, courts of cities with federal status, courts of autonomous regions handled the case as the first instance court. The Supreme Court also reviews cases in a supervisory procedure and cases reopened on newly found circumstances.
The Supreme Court has a Plenum, Presidium, Civil and Criminal Departments and Court Administration Department.
The Plenum is composed of all judges of the Supreme Court plus the Prosecutor General and other officials. The issuing of “explanatory guidance” is its most important function. The Presidium comprises the President, deputies, heads of the departments. It reviews cases by way of supervision.
Unit 3
Legal Practitioners
Lawyers in the United Kingdom jurisdictions generally practice as solicitors in private firms, as legal advisers in corporations, government departments, and advice agencies, or as barristers. They can each do advocacy, draft legal documents and give written advice, but solicitors, unlike barristers, cannot appear in every court.
Traditionally, solicitors undertake work such as conveyancing and drawing up contracts and wills. Barristers spend more time in court and have a right of audience in the higher courts. Unlike solicitors, barristers cannot usually be employed directly by clients but are instructed by solicitors. Solicitors normally form partnerships with other solicitors and work in offices with support staff. The qualification and practice of solicitors are regulated by the Law Society.
Unlike solicitors, barristers can’t form partnerships but must act as sole traders with unlimited liability. Some barristers are in employed practice and may only represent their employer, for example as in-house counsel or in government departments. Many work independently in self-employed practice in groups called chambers.
A barrister’s main work is to provide representation in the courts, to draft documents associated with court procedure, and to give opinions, that is, specialist legal advice. They are normally instructed by solicitors on behalf of lay clients. As the law has become more complex, barristers increasingly specialise in particular areas, such as personal injury, crime, family or commercial law. Barristers are governed by the General Council of the Bar, known as the Bar Council.
THE JUDGE
In common law countries, a law graduate can’t choose to become a judge. It is only after many years of experience as a lawyer, professor or member of the government, that a judge can be appointed by the Lord Chancellor. To be appointed a senior court judge (Lord/Court of Appeal/High Court) it is necessary to gain the 10 years experience as a barrister. A solicitor may appointed a judge in an inferior court after 5 years experience.
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Upon completion of his formal education (not necessarily a legal education), a person spends 15, 20, or 25 years in the private practice of law or in law teaching or governmental legal service and then, at about age 50, becomes a judge. No competitive examination is taken, as he is appointed or elected to office.
In England, the appointive system is the case for all levels of judges, including even local JPs (who are selected by an advisory committee answerable to the Lord Chancellor’s office and, after selection, undergo a period of basic training).
Compare this to civil law countries, where a law graduate can choose a career as a judge by passing an examination and entering the service as a low-level judge in his early 20s.
The common law judge is practically free from outside supervision, enjoys greater power and prestige.
Judges in Great Britain
In Britain vast majority of judges (that is, the people who decide what should be done with people who commit crimes) are unpaid. They are called "Magistrates",or "Justices of the Peace" (JPs). They are ordinary citizens who are selected not because they have any legal training but because they have "sound common sense" and understand their fellow human beings. They give up time voluntarily.
A small proportion of judges are not Magistrates. They are called "High Court Judges" and they deal with the most serious crimes, such as those for which the criminal might be sent to prison for more than a year. High Court judges, unlike Magistrates, are paid salaries by the State and have considerable legal training.
Magistrates are selected by special committees in every town and district. Nobody, not even the Magistrates themselves, knows who is on the special committee in the area. The committee tries to draw Magistrates from as wide a variety of professions and social classes as possible.
There are about 30.000 magistrates who judge cases in the lower courts, and only a few hundred judges trained as barristers, who preside in more serious cases. There is no separate training for judges.
Unit 4
Judges
Judges are appointed by the Federational Council, 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 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.
The Russian Minister of Justice is responsible for appointing judges to regional and city courts; however, in practice, many appointments below the national level still are made by the chief executives of subnational jurisdictions.
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), have at least 5 years of experience in the legal profession, and pass an examination from the Ministry of Justice.
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Justices of the peace are usually appointed by the regional legislature, but may also be elected. Justices of the peace require most of the same qualifications.
Prosecutors
The Prosecutor General of Russia is the highest prosecutor in Russia, and both hom 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:
7. prosecution in court on behalf of the State;
8. representation of the interests of a citizen or of the State in court in cases determined by law;
9. supervision of the observance of laws by bodies that conduct detective and search activity, inquiry and pre-trial investigation;
10. 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 Investigative Committee of Russia, sometimes described as the "Russian FBI", is the main federal investigating authority in Russia, formed in place of the Investigative Committee of the Prosecutor General in 2011.
The Prosecutor General is nominated by the President of Russia and appointed by the majority of Federation Council 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.
Advocates
The Russian legal profession is unregulated, but there have been moves towards unification and regulation recently. Anyone with a legal education can practice law, but only a member of the Advokatura (Адвокатура) may practice before a criminal court. Legal education has traditionally begun with the specialist degree in law (специалист по правоведению). An "advocate" is an attorney who has demonstrated qualification and belongs to an organizational structure of advocates specified by law, known as being "called to the bar" in commonwealth countries
An examination is administered by the qualifications commission of a court for admission to its Advokatura. To sit for the exam, one must have a higher legal education (commonly a specialist degree) and either two years of experience in legal work or a training program in a law firm. The exam is both written and oral, but the main test is oral.The qualifications commission is composed of seven advocates, two judges, two representatives of the regional legislature, and two representatives of the Ministry of Justice.
In 1988 there were 25,000 lawyers,and in 2002 there were 47,000 defense lawyers in all of Russia.
Unit 5
EMPLOYMENT PROTECTION
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