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 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.

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.