President Vladimir Putin announced at the St. Petersburg International Economic Forum on the preparing association of the Supreme and Supreme Arbitration Courts (Sun and you).
The Supreme Court and the Supreme Arbitration Court should be united "in order to ensure uniform approaches to resolving disputes with the participation of both citizens and organizations, as well as disputes with state power and organs local governments"," Said the head of state.
Why is it necessary to combine the Supreme and Supreme Arbitration Courts
The proposal of the President of the Russian Federation caused cautious and places contradictory assessments in the legal community
In Russia today there are more than three thousand courts general jurisdiction And just less than two hundred arbitration courts.
The head of Wasa Anton Ivanov responded about the project very critically. It compared the future unified structure with a dinosaur, managed by a small brain requiring setting. And stressed that it is not about the merger of systems, but about the association supreme Organs Two ships.
On the contrary, analysts of RAPSI believe that the union of courts will make it possible to create a unified center of law enforcement. "All last years we have the opposite and quite sad situation. Of the Armed Forces of the Russian Federation and the Russian Federation reminiscent of the very two-headed eagle with russian coat of arms, whose two heads look into diametrically opposite sides. Yes, and ordinary citizens are sometimes perplexed why very similar cases are considered in completely different places, often connected with each other only similar names, "reported in the release of rapesee.
RIA Novosti leads the opinion of the defender of Konstantin Rivkin, who believes that, "if to make the merger of the highest courts, then it is necessary to unite not only the Supreme and Supreme Arbitration, but also the Constitutional Court.
After all, they will unite not only two heads, but both judicial systems - then it is necessary to consider the possibility of inclusion and Constitutional Court In this authority. For example, in the form of a certain constitutional presence, so that there is no double-headed monster, but a single authority, "he explained. At the same time, the lawyer added that he understood the logic of the president, taking into account the world experience of the work of vessels with a triune function, however, it believes that the period of reorganization paralyzes both arbitration and all common jurisdiction.
And the head of the Center for Political Technologies, Igor Bunin assumes that the cause of what is happening is that, it is quite possible, "someday the place of the Chapter of the Unified Court will be offered by Dmitry Medvedev."
"I can't criticize this idea, since I myself defend it since 2002," said Mikhail Bushchevsky, said on Friday Rapsey. - In this case, I am an imjective person. I my and a half ago I made a report on judicial reform and called this measure priority, as I think that she will solve a number of problems - uniformity judicial practice, Independence of ships, reduction of the apparatus. However, a lot depends on who will be the chairman of this court, as far as it is a strong figure, "said Brenzhevsky.
Danilov D.B., Candidate legal Sciences, Senior Department teacher civil law and the Civil Process of the Krasnodar University of the Ministry of Internal Affairs of Russia.
This article discusses topical issues related to the discussion and adoption of the draft law "On the Supreme Court Russian Federation", and the likely consequences of the association of the Armed Forces of the Russian Federation and the Russian Federation. The Russian Federation, especially in the last 10 years, is the most effective state body. Evidence of this is the fact that many countries adhere to that policy that successfully applies to the judicial system of arbitration courts in the Russian Federation. A clear installation on openness and transparency of justice is implemented by the Russian Federation in an affordable system of obtaining information on the movement of any arbitration, all judicial acts Operationally published, "Electronic Justice" is being introduced, any document in the arbitration can be served remotely - via the Internet. Against the background of a dynamically developing, transparent, introducing electronic document management The Russian Federation of the Russian Federation frankly loses in efficiency. Consideration of cases in the district courts is opaque, and the system of courts of general jurisdiction itself remains patriarchal and static, resides in an extremely closed state in terms of state.
Keywords: the highest arbitration court of the Russian Federation; Supreme Court of the Russian Federation; judicial reform; Arbitration courts; Courts of general jurisdiction.
To The Question of Uniting The Supreme Arbitrazh Court And The Supreme Court of the Russian Federation
Danilov D.B. (Krasnodar), Candidate of Legal Sciences, Senior Lecturer of the Department of Civil Law and Civil Procedure of The Ministry of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation.
This article Considers Current Issues Related to the Discussion and Adoption of the Draft LAW "On the Supreme Court of the Russian Federation" And The Likely Consequences of Association of the Supreme Court with the Supreme Arbitrazh Court (SAC). SAC, Escecially in The Last Ten Years, Is The Most Effective Government Agency. This Statement Is Supported by The Fact That Many Countries Have Adopted Precisely The Policy That Has Been SuccessFully Applied in The Judicial System Of Commercial (Arbitrazh) Courts of the Russian Federation. A Clear Directive on the Openness and Transparency of Justice Implemented in the Sac System Through The Accessible Information About the Movement of Any Commercial Case, Promptly Publications of Legal Acts and Introduction of "E-Justice"; MOREOVER, ANY DOCUMENT CAN BE SUBMITTED REMOTELY TO THE ARBITRATION CASE VIA THE INTERNET. On the background of SAC, A Dynamic, Transparent, Introducing Electronic Document System, The Supreme Court Frankly Loses Its Efficiency. The Cases In The District Courts Are Opaque, And The System of the Courts of General JuriSdiction Remains Patriarchal and Static and Exists in the Informational Closed Space.
Key Words: Supreme Arbitrazh Court of the Russian Federation; SUPREME Court The Russian Federation; judicial reform; Arbitration Courts; Courts of General JuriSdiction.
June 21, 2013 President of Russia V.V. Putin offered to "unite the Supreme and Supreme Arbitration Courts", and on November 27, 2013, the Federation Council without any discussions approved these presidential amendments to the Constitution of the Russian Federation.
The legal community (including the judges of the arbitration courts), with whom no one has not even discussed this idea, reacted sufficiently skeptically.
The state, initiating this reform, in principle does not want not only to discuss its details, but even respond to the questions of the judicial community about functioning judicial system After the abolition of the US RF. All objections and comments of the legal community are ignored. And these objections are so much that it is impossible to dismiss them. At the Russian Federation, many questions have emerged in a new bill: they are formulated by the judges on 14 pages. They were also left unanswered.
Practicing lawyers almost unanimously against reform: More than 100 Russian law firms and lawyers from all over Russia signed up under the appeal. Do not rush with this reform. November 19, 2013 it was filed in the State Duma and ... traditionally drowned in silence.
On December 18, 2013, the State Duma reviewed in the second reading three draft laws by Vladimir Putin's president about the future of the judicial system after the liquidation of the Russian Federation. It follows that the arbitration courts will continue, the Unified Armed Forces of the Russian Federation will be located in St. Petersburg, and the selection of the initial composition for him will be engaged in a special examination committee and the qualification board. The key parameters are contained in the draft law "On the Supreme Court of the Russian Federation", according to which 170 judges will be in the highest judicial instance, they are distributed in seven boards: appeal, administrative, criminal and civil Affairs, on economic disputes; The Military Board will be renamed a collegium for servicemen; After the abolition of a disciplinary field presence in the Armed Forces of the Russian Federation, the disciplinary board for judges, dissatisfied with the decisions of the qualifying collegiums will be reborn.
The situation is very serious: since the Russian Federation is organically entered into the judicial system of the Russian Federation, its abolition will entail many problems and issues - from financing arbitration courts and ensure that of their uniform practice to the fate of the employees of the US office of the Russian Federation.
But the main fear of the legal community is that as a result of the abolition of the Russian Federation, all the developments and achievements of the arbitration system over the past 20 years will be lost.
Even a simple comparison of the activities of the Russian Federation and the Armed Forces of the Russian Federation is clearly not in favor of the latter.
The Russian Federation, especially in the last 10 years, is the most efficient government body.<1>. Evidence of this is the fact that many countries adhere to that policy that successfully applies to the judicial system of arbitration courts in the Russian Federation. A clear installation on openness and transparency of justice is implemented by the Russian Federation in an affordable system of obtaining information on the movement of any arbitration, all judicial acts are promptly published, "electronic justice" is introduced, any document in the arbitration can be served remotely via the Internet.
<1> Arbitration process: tutorial / d. ed. prof. V.V. Bright. M., 2010. P. 342.
Perhaps the only plus remains the fact that the project contains provisions on the preservation legal force Clarifications, the previously plenum of the Russian Federation on judicial practice, and the continuation of the action in the structure of the arbitration courts of previously created court teams, permanent foresologies, powers of the presidiums of arbitration courts.
But at the same time, the State Duma refused the Russian Federation in preserving the card files of arbitration and bank decisions.
Deputies did not appreciate the card file of arbitration cases. The key in this package was the bill "On the Supreme Court of the Russian Federation", and the most amendments contributed to it. The adjustments offered the Russian Federation, but most of his initiatives did not meet support. In particular, the Russian Federation requested you to leave in working condition informational resources Arbitration courts, including their official sites, Internet portal of arbitration courts, a card file of arbitration cases, a bank of decisions of arbitration courts, as well as a system for submitting documents to arbitration courts in in electronic format, office work system in arbitration courts, electronic document management system, single standard schedule system. According to the idea of \u200b\u200bthe Russian Federation, the support of these resources should have been to the Single Armed Forces of the Russian Federation and the Judicial Department under the Armed Forces of the Russian Federation. However, this initiative of support from deputies did not meet. Whether the fate of these bases will be determined in other laws, it is unclear: in the second package of the judicial reform from Vladimir Putin, they do not say a word about their fate.
Like a card file, did not receive mention in the law "Bulletin of the Supreme Arbitration Court of the Russian Federation": the deputies rejected the amendment, in which from October 2014. The magazine will be called "Bulletin of Arbitration Ships" and will be published by the Unified Armed Forces of the Russian Federation. Ended the failure and initiative of the Russian Federation to defend funding for the arbitration courts for the future. The amendment from the court said that for three years from the date of entry into force of this law, the costs of federal budget There should be no less on arbitration courts than the budget for 2014 - 2016 is now laid. In Putin's bill, it is said only that the provision of a single Armed Forces of the Russian Federation cannot be less than the current costs laid down for 2014-2016. On the Armed Forces of the Russian Federation and the Russian Federation combined together.
Not supported in the State Duma and the request of the Russian Armed Forces of the Russian Federation to preserve the personnel of the apparatus of the highest courts or give them advantages in employment to other government agencies - to free from the passage of the test term and competition. In the event of a decrease in income, on the idea of \u200b\u200bthe Russian Federation, it was relying additional compensation to the previous level. In addition, the Russian Federation requested you to leave the timelines for them classic ranksAnd also take into account work in court when appointing the next vacation. At the same time, dismissed from the highest courts and their family members of the Russian Federation offered to leave the right to live in office housing until they receive another.
The Duma Most rejected the initiative of the Russian Federation to ensure that all its clarifications, the legal position of the Presidium applied by the courts to their change in the plenum or the Presidium of the Unified Armed Forces of the Russian Federation.
The Russian Federation led and behaves a lot of work to ensure the uniformity of arbitration practice<1>; This work is carried out by regular adoption of the decisions of the Plenum of the Russian Federation and information letters on the most important and complex issues of law enforcement. In parallel, the most complex and precedent cases of the Russian Federation revises in supervisory order.
<1> Muradyan E.M. Arbitration process: educational and practical manual. M., 2004. P. 60 - 61.
Against the background of a dynamically developing, transparent, introducing electronic document proof of the Russian Federation of the Russian Federation of the Russian Federation frankly loses in efficiency<1>.
<1> Sviridov Yu.K. Proving on cases arising from public relations in civil and arbitration processes Russia ( comparative analysis): Dis. ... Cand. jurid science St. Petersburg., 2009. P. 191.
Consideration of cases in the district courts is opaque, and the system of courts of general jurisdiction itself remains patriarchal and static, resides in an extremely closed state in terms of state. It is significant that the Armed Forces of the Russian Federation is now (in the XXI century) just begins to implement SMS-informs the parties to the date of consideration. Moreover, even now, such information is implemented as an experiment and only in several pilot regions. Indeed, speaking about the transparency of the system of courts of general jurisdiction, a variety of examples can be brought when judges refuse to citizens who wish to attend concrete judicial proceedingsthan not only procedural legislation, but also constitutional law citizens.
Unfortunately, the Armed Forces of the Russian Federation does not pay enough attention to improving and ordering judicial practice, as a result of which regional courts On various issues openly ignore his position. In each of the regions of the country, judicial practice forms a regional court without regard to the position of the Armed Forces of the Russian Federation and the courts of other regions, which led to the emergence of Ryazan, Tula, Sverdlovsk and other "legitimations". for example, district (urban) courts of the Sverdlovsk region on the claims of buyers of Kirby vacuum cleaners "are terminated by these treaties, and the same district courts In neighboring Perm Territory In the claims, buyers of these vacuum cleaners refuse. And such examples of different interpretation of the same norms of the law by various courts in the system of general jurisdiction dozens!
A.N. Vereshchagin offered to solve the problem in such a way that it was only necessary to invent the procedure at which joint plenums would not depend on the chairmen of the Supreme Courts, from their desire or presence<1>. There is nothing impossible in creating such a mechanism. It would be a simple and natural way out of the situation, which is generally not so dramatic, as it may seem: significant discrepancies between the Russian Federation and the Armed Forces of the Russian Federation are quite a bit. It is much more important than the discrepancy between the courts within the same system, and this is evidenced by the legislation itself: it is a violation of the uniformity of judicial practice that is the predominant basis for the supervisory review of both the arbitration and in civil Procedure.
<1> Vereshchagin A.N. Judicial law in Russia. Comparative legal aspects. M., 2004.
To ensure uniformity of judicial practice, it is necessary that the clarification of the Russian Armed Forces on judicial practice has received the status of mandatory. Today, according to the Federal Constitutional Law of April 28, 1995, N 1-FKZ "On Arbitration Courts in the Russian Federation" Plenum of the Russian Federation adopts decisions obligatory for arbitration courts. The same practice exists in the Armed Forces of the Russian Federation, however, in the law it is not spelled out, and therefore is a recommendation.
In our opinion, the Armed Forces of the Russian Federation should be authorized to publish not only acts of clarification, interpretation of law, but also norms specifying and detailed laws.
The Armed Forces of the Russian Federation could specify the Code of Criminal Code of the Russian Federation, Code of Civil Procedure of the Russian Federation and other laws and determine the circle of organs and persons on which the norm is applied, their crime, conditions and time of the norm.
Need not to forget about Art. 126 of the Constitution of the Russian Federation, in which it says that the Armed Forces of the Russian Federation "gives clarification on judicial practice", as well as about Art. 120, according to which the judges are independent and submitted only by the Constitution and the Federal Law.
It is also necessary to consider the creation of the Chambers of Criminal and Civil Affairs in the Presidium of the Unified Armed Forces of the Russian Federation, which would have taken the revision of acts in the order of supervision. There are also concerns that monthly meetings of the Presidium of the new Armed Forces of the Russian Federation will not be enough to properly perform the oversight functions. For example, in 2012, the Presidium of the Russian Federation considered 482 cases, the Presidium of the Armed Forces of the Russian Federation is one civil and 233 criminal.
It is not effective, in our opinion, intellectual and professional capabilities of judges will be used: criminal law specialists will be forced to consider the antitrust and corporate disputes as part of the Presidium, and the people from the Russian Federation are criminal proceedings.
Those amendments that are recommended for adoption are legal and technical. Nevertheless, they have a definite value for text. In connection with the real importance of the adoption of this law, it is necessary to agree that the legal and technical amendments do not have a political content.
Add to the characteristic of the courts of general jurisdiction is necessary and indictment of criminal proceedings. Comparing conditionally statistics on disputes with the state in arbitration courts and in the courts of general jurisdiction, it should be noted that in the first case, taxpayers (on tax disputes) benefit up to 80% of cases, and in the second case (criminal case) percentage expressive sentences is 0.8%.
This formal indictment conveyor of criminal proceedings (many of the extremely controversial and dubious sentences in criminal matters at all for hearing) The state does not bother, the Armed Forces of the Russian Federation does not consider the problem of criminal proceedings.
At first glance, everything is said - this is a kitchen of professional lawyers, which should not worry ordinary citizens. But it is not.
It is important to understand that the internal issues of the judication seems to affect everyone: the wise of the saying "From the prison, do not be seamless" in our country treats each. Nevertheless, according to Levada-Center, in mid-November 2013, more than half (51%) of the surveyed Russians found it difficult to express their opinion on the association of ships and remained indifferent to this.
And this situation is quite critical affects the business, since the main achievement of the Russian Federation and the system of arbitration courts are uniform and reasonable rules for the game for business, the predictability of decisions of arbitration courts on economic disputes. Destroy these rules of the game by abolishing you the Russian Federation simply, and it will be very difficult to create.
In the medium term (about 10 years), there is no longer to expect a greater uniformity of judicial practice. The Unified Armed Forces of the Russian Federation will be harder to follow the practice of lower vessels. At the same time, even their own solutions of the current Armed Forces of the Russian Federation (at the level of the Board) do not shine uniformity; Increasing the number of colleges and judges will only aggravate this problem. But there are still numerous discrepancies between the lower courts.
Considering how the reform develops, in the near future we most likely get a set of early and ill-conceived solutions with an unpredictable result. Unfortunately, the risk of what, as 20 years ago, the Russian business will again not be clear and understandable rules of the game in the legal field.
References.
Arbitrazhny Protsess: Uchebnik (in English) / Ed. By v.V. Yarkov. M., 2010.
Vereschagin A.N. Sudebnoe Pravotvorchestvo v Rossii. Sravnitel "No-Pravovye Aspekty (in Russian). M., 2004.
MURAD "YAN E.M. Arbitrazhny Protsess: Uchebno-Prakticheskoe Posobie (in English). M., 2004.
Sviridov Yu.K. Dokazyvanie Po Delam, Voznikayuschim Iz Publichnykh Pravootnosheny v Grazhdanskom I Arbitrazhnom Protsessakh Rossii (Sravnitel "NY Analiz) (in English): dissertation. Candidate of Legal Sciences. St. Petersburg, 2009
Senior Lawyer Arbitration Practice Law Firm Vegas Lex
June 21, 2013 during the plenary session of the St. Petersburg International Economic Forum The President of the Russian Federation Vladimir Putin He stated that he would contribute to the State Duma the draft law on the association of the Supreme Court and the Supreme Arbitration Court.
Earlier at a press conference in Moscow, the Chairman of the State Duma Sergey Naryshkin He stated that at the consideration of the autumn session of the Lower Chamber, amendments to the Constitution on the Combining of Supses are expected to be amended. This, according to him, will require "great responsibility and immersion in these problems", given the "independence of this branch of power."
On the instructions of the Chairman of the State Duma, on July 11, 2013, a working group on issues was created in the State Duma legal regulation Combining the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation. Heads the Working Group himself of Naryshkin.
Perhaps, the main reason for combining ships It is that in the practice of higher courts periodically arises contradictions in the interpretation and the application of the same norms of law. In addition, for the initiators of the proposal, the methods that have emerged in recent years in the system of arbitration courts of methods that can be useful for the courts of general jurisdiction are obvious. I mean, including electronic document flow, audio recording court sessions and a single base of judicial acts. I believe that according to the president of the Russian Federation new Court intended, including combine the positive experience of their predecessors.
At the same time, it can be assumed that the already accustomed practice of higher courts will continue to be used by lower court courts when making decisions. The meaning of the clarification of the Russian Federation and the Armed Forces of the Russian Federation for the courts of both judicial systems will not decrease and will not cease to be relevant. It is possible that after the merger of the highest courts, a certain part of the issues on which the courts did not come to the general denominator will be revised to form unified position.
I believe that the Unified Court will be able to provide uniform interpretation and application of the rules of lawwhich will be guided by the lower courts. However, I do not exclude that the adoption of such decisions will occupy a lot of time, taking into account the need to harmonize the positions of all judges of the competent collegial body.
Today, the question of whether to unite the courts seem to be no longer worth the discussion a question that how to make it effectively.
Subject to the sequential and thoughtful formation of a single court, the prospects for its creation are optimistic. No one will argue with the fact that the court capable of producing uniforms for the whole country approaches to use and interpretation legal normswill contribute to the growth of prestige russian legal proceedings Not only within the country, but also on the world arena.
However, if the union of ships occurs in a hurry, the associated problems will have to be allowed not yet one year. It is difficult to overestimate substantial historical meaning transformations in the system of higher courts, which can be called complete confidence reform. But also do not forget that the authorities have no right to make a mistake in such affairs.
Of course, at this stage it is impossible to talk about the formation of an unambiguous attitude to a similar initiative, since creation of a single court Inevitably causes a lot of issues related to the practical implementation of this task.
While the general public no answers to the following questions:
1. How will it be able to achieve an effective consideration of the newly created court of such a colossal volume of complaints?
2. How will the decision-making mechanism work?
3. What fate awaits the court acts of higher courts already taken on various matters?
4. Does not create a similar innovation of an obstacle to the realization of the right to judicial protection in the highest court and, as a result, will this not entail the influence of local vessels?
I would like to hope that the above questions will find their permission in the draft relevant transformation prepared on the instructions of the President of the Russian Federation by representatives of the administration, the judicial community and parliament.
Moscow, 21 Jun - Rapesey.Lawyers do not see the meaning in the unification of the Supreme and Supreme Arbitration Courts, since, in their opinion, the development of the legal system is possible only in the context of competition, at the same time, much will depend on who will lead a new structure, lawyers surveyed on Friday Rapsey.
Russian President Vladimir Putin During the speech at the plenary meeting of the St. Petersburg International Economic Forum on Friday, he proposed to unite the Supreme Court and the Supreme Arbitration Court and make appropriate changes to the Constitution.
Enable ks
According to the defender of Constantine Rivkin, if you have to merge the highest courts, it is necessary to unite not only the Supreme and Supreme Arbitration, but also the Constitutional Court.
"After all, they will unite not only two heads, but both judicial systems - then it is necessary to consider the possibility of incorporation and the Constitutional Court to this body. For example, in the form of a certain constitutional presence, so that there is no double-headed monster, but a single body," he explained.
"As it happens when combining departments, the staff will stop working, thinking only about whether they will remain after reorganization at workplaces," Rivvkin said.
there is hope
Defender Andrei Korelesky believes that the association of two judicial systems can lead to the further improvement of the entire judicial system.
Putin offered to unite the Supreme Court and the Supreme Arbitration CourtAccording to the president, the association of courts will allow for uniform approaches to resolving disputes with the participation of both citizens and organizations, as well as with state-owned authorities and local self-government."However, the difference in the development level between the courts of general jurisdiction and the arbitration system is obvious. And if the courts of general jurisdiction prevail, this can lead to a rollback back of the entire judicial system as a whole, modernization, technology. But if this does not happen, the courts will tighten the courts. general jurisdiction and will be aligned professional level judges, "said Korean.
In turn, Ruslan Koblev believes that the consequences of the merger of higher courts depend on that in whose hands the new structure will be given to management.
"If this is a person of the Russian Federation, that is, the hope that the functioning of the entire judicial system will change. If this is a person from the Armed Forces of the Russian Federation, then, in my opinion, it will immerse not only the courts of general jurisdiction in the Stone Age, but also finally That came out from there arbitration system"," Said Koblev.
Incompatible courts
Lawyers noted that the arbitration courts "stepped far forward" in the process of reforming the judicial system, while the level of development of the courts of general jurisdictions is regarded by the time of the Stone Age. In this regard, lawyers are afraid that the weak courts "pull down" and strong.
"The well-known fact: in its development, arbitration courts in Russia have left much further courts of general jurisdiction, and on informatization, for example, and on ease of lawsuit. That is, what works well, now they want to unite with what works not very much. In such cases, as a rule, a good pull down, "said Anna Stavitskaya lawyer.
In her opinion, the fusion of systems is meaningless.
"I do not really understand why it is necessary to do it. It grinds the system: arbitration courts are regulated by other codes relate to disputes between legal entities <…> I don't see the need to connect these two unsecasting things personally, "said Stavitskaya.
A lawyer Alexander Muranov honestly admitted that he did not like the idea of \u200b\u200bthe union. "Only with the arrival of the head of you of the Russian Federation Anton Ivanov we saw new advances, an attempt to reform how it is all liquidated. I believe that legal system must develop in the context of competition, in the process of competition, and when everything turns into a swamp, in which there are two words, lawyers are not satisfied<…> But what to do, technically it is possible, and we will have to work in such conditions, "Muranov said.
Defender Vadim Kludgant also negatively reacted to the unification of you and Sun, leading an example of international experience, where there are often dozens of specialized vessels.
"I think this association is the continuation of the" wonderful "tradition, when any problems are not essentially solved, but by some bureaucratic permutations and mergers. This is an imitation of solving the problem. Justice may not be in the courts that exist separately and When merging, this is not a problem of form, "said the beak.
The Unified Supreme Court of the Russian Federation should begin its work on August 6, 2014, and the highest arbitration court will cease to exist before the day before. It was then that appropriate changes to the Federal Constitutional Law on December 31, 96 No. 1-FKZ "On the Judicial System of the Russian Federation", the Federal Constitutional Law of 05.02.2014 No. 3-FKZ "On the Supreme Court of the Russian Federation" (except for some provisions ) And the Federal Law of 05.02.2014 No. 16-FZ, which establishes the order of selection of candidates for the initial composition of the new Supreme Court.
In six months, the judicial system of Russia must transform - take effect regulationsgoverning the procedure for combining two vessels - the highest arbitration and supreme. This reform is more than controversial and causes more criticism than approval, especially from lawyers (both theorists and practitioners).
The system of lower federal courts will be united, with division on federal Courts General jurisdiction and federal arbitration courts (see scheme). To the first, the Supreme Courts of the Republics, the Regional, regional courts, the courts of the cities of the federal significance, the courts of the Autonomous Region and autonomous districts, District Courts, Military and Specialized Courts. The arbitration courts will include arbitration courts of district (or arbitration cassation courts), arbitration appeals courts and arbitration courts of the subjects of the Russian Federation, as well as specialized arbitration courts (paragraph 1, 10 of article 1 of Law No. 4-FKZ). The latter still applies only to the court intellectual Rightswhich changes should not be affected.
To ensure the activities of the listed courts will be the judicial department at the Supreme Court of the Russian Federation, which is now engaged in providing only courts of general jurisdiction (sub. "B" of paragraph 13 of article 1 of Law No. 4-FKZ). Now ensuring the activities of the arbitration courts of the Russian Federation itself, and the provision of its activities lies on the apparatus of this court (paragraph 3 of Art. 30 of the Federal Constitutional Law of December 31, 96 No. 1-FKZ "On the judiciary of the Russian Federation" in the current edition).
Interestingly, issues of financial support for the activities of the Supreme Arbitration Court of the Russian Federation are already two months after the entry into force of the Amendment Act, that is, from April 7, the Supreme Court of the Russian Federation and the Judicial Department at the Supreme Court of the Russian Federation within its powers (paragraph 2 of Art . 25 of the Law on the Supreme Court). And this, obviously, will deprive the Supreme Arbitration Court of the Russian Federation independence long before the planned date of its actual abolition.
The chairman of the Unified Supreme Court will appoint the Federation Council
The chairman will be headed by the New Supreme Court, which will have the first deputy and seven deputies - chairmen of the judicial teams by position (paragraph 2 of Art. 4 of the Law on the Supreme Court).
As now, the Chairman of the Supreme Court of the Russian Federation will be appointed by the Federation Council of the FS of the Russian Federation for six years to submit the President of the Russian Federation in the presence of a positive conclusion of the highest qualification board of judges of the Russian Federation (paragraph 2 of Article 6.1 of the Federal Constitutional Law of 26.06.92 No. 3132-1 "On Status of judges in the Russian Federation ", Art. 12 of the Law on the Supreme Court). It will also be able to hold his post indefinitely, including when exceeding more than age Stay as a judge - 70 years. The procedure for the appointment of Vice-Chairs will not change, and they have the right to reach 70 years before reaching the age, but they can be prescribed repeatedly.
As part of the new Supreme Court, as well as now, plenum and the presidium, as well as seven judicial colleges are envisaged.
Two more colleges, in addition to those listed, appeals and disciplinary - will be formed from the already appointed judges of the Supreme Court. The six members of the disciplinary board will be elected for a period of three years by the plenum of the Russian Armed Forces of the Russian Federation on the submission of the Chairman of the Armed Forces of the Russian Federation with secret ballot using bulletins and subject to the competitive approach (paragraph 2 of Art. 11 of the Law on the Supreme Court). The appeal board will include ten judges of the Russian Armed Forces, selected for a period of five years for these posts with a plenary of the Russian Armed Forces of the Russian Federation on the submission of the chairman of the Russian Armed Forces of the Russian Federation (paragraph 1 of Art. 8 of the Law on the Supreme Court).
For the liquidation of you the Russian Federation will pay the Supreme Court and its judicial department
The law on the transitional amendment period, after which you should be abolished by the Russian Federation and the new Supreme Court of the Russian Federation has been created, it is defined as six months, and not 180 days, from the date of entry into force of the Amendment Act. At the same time, the law says that the current judges of the Russian Federation and the Armed Forces of the Russian Federation exercise their powers until the work of the United Supreme Court of the Russian Federation. That is, if you form it to sent deadlines It will not be released, the Supreme Arbitration Court of the Russian Federation will work longer than planned. So, for example, it came out with the court on intellectual rights.
Courts are combined and moved, and questions remain
In November last year, when the judicial reform began, during the meeting in the State Duma, the speakers on the draft law on the amendment to the Constitution of the Russian Federation on the questions of deputies about where the specifics promised, after approval of the draft law, to submit all the necessary regulations. The result of such promises was the three laws considered. However, they do not regulate the upcoming union to the fullest.
Questions remained, and there are many of them. For example, for the transition period, allocated to the abolition of the Russian Federation and the formation of a new court, legislators will amend the arbitration procedural Code, By excluding the mention of the Russian Federation from there and adjusting the norm on issues of its competence and other procedural subtleties. It remains to hope that this work is done will be more carefully and not as fast as the judicial reform was adopted.
In addition, the fate of court cases will be resolved, which will be initiated or accepted for the production of colleges or the Presidium of the Russian Federation right up to last day His activities (which, as noted earlier, in question). And finally, the Federation Council will need to resolve the question of who will head new judicial instance. Although the president decides primary this question, submitting a suitable candidate to the Federation Council.
P.S. Total to address the issue of the fundamental transformation of the country's judicial system by deputies of the State Duma, members of the Federation Council, representative bodies The subjects of the Russian Federation and the president needed a little more than three months. The speed of such work makes it seriously think about the frivolousness of the legislative process.