The Constitutional Court

Date: 2015-10-07; view: 402.

The Supreme Court of the Russian Federation

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 Procurator 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.

The Constitutional Court is the only body that officially interprets the Constitution and can declare that a certain legal act does not comply with the Constitution and, therefore, is invalid.

The Constitutional court consists of 19 judges. There are two chambers with 9 and 10 judges in each respectively. The chambers consider the majority of cases; the most important issues are resolved on the Plenum Session of the Constitutional Court.

The Court is competent to examine laws and legal acts at federal as well as at the regional level as regards to their compliance with the constitution.

The proceeding before the constitutional court can be initiated by the president, parliament or a group of members of parliament comprising a fifth of all members of the State Duma or the Council of the Federation, the Government, the Supreme Court, the Supreme Commercial Court, legislative and executive bodies of the Subjects of the Federation. A court may suspend proceedings and ask the Constitutional Court to examine whether a particular legal Act complies with the constitution.

The Constitutional Court can also resolve disputes about competence between state bodies if the dispute cannot be resolved by other means.