TOPIC The work of the court
Only courts on the basis of the Russian Constitution and the laws of the administer Justice in Russia. The system of courts in our country is equable for all citizens.
The basis judicial organ is the district court. It tries both criminal and civil cases. It settles disputes involving the rights and interests of citizens, bodies of state power and local government, commercial and non-commercial organizations, and others. It protect social, economic, personal and other rights and freedoms of the citizens of Russia.
In the district courts cases are headed by the judge alone or by the collegium. The collegium consists of one judge and two people’s assessors. They have equal rights in deciding a case.
The President of Russian Federation appoints all judges. They are appointed for life, but if a judge misuses his authority and does not perform his duties properly, or his conducts is unworthy of a judge, he may be discharged.
Any citizens of Russia who has reached the age of 25, graduated from a law higher school, whose length of legal service is not less than 5 years and who has passed the qualification exam may be appointed judge of a district court.
According to the Constitution judges are independent and subject only to the law. They must be neutral and impartial. All judges enjoy the principle of inviolability.
In all courts cases are heard in public if the law does not provide otherwise. In deciding a case the court must examine all the case evidence, interrogate the defendants, victims and witnesses, hear the experts’ findings and examine all physicals evidence.
The sentence of the court must be lawful, grounded and just.
Jury.
In 1993 the form of trial by judge and the jury was reintroduced in Russia. The experiment began in nine subjects of the federation.
A jury is a body of laymen and women randomly selected to determine fact and to provide a decision in a legal proceeding. Such a body traditionally consists of 12 people and is called a petit jury or trial jury.
Some experience has been gained and now our lawyers consider this system to be very expensive, complex and extremely unprofessional. The verdict reached by the jurors are often based on the narrow-minded and emotional assessment of the parties’ speeches. Sometimes, the jurors acquitted the person who had committed very serious crime. Unfortunately the verdict of the jury is binding not only on the presiding judge, but on the prosecutor and the victim as well. So, even the prosecutor cannot lodge a protest against the acquittal in fact.
Charged against children and young persons
In Great Britain charged against children and young persons are heard by specially constituted Courts of Summary Jurisdiction knows as Juvenile courts. This courts are both criminal and civil. They hear applications for adoption and applications in respect of children or young persons requiring care or protection.
In Russia there are no special courts. All cases of infringement of the law by minors are to be considered as any other case. On the other hand, commissions on the affairs of minors have been active in the country for more than 20 years.
The main task of these official bodies is to prevent a child from neglecting and violating the law, give education and work to teenagers and protect their rights. There is one more task attached to the commissions – to consider cases of the transgression of the law.
At the same time the commission also considers cases when a minor who has committed a serious crime has not yet reached the age of criminal responsibility of his action. When discussing question connected with the breach of the law by minors, teenagers and those responsible for handing them up must be present.