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

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.

Speaking tasks

Ex.45 Describe the court system of Russia according to the plan:

1. Sources of law in the Russian Federation.

2. Bodies of law.

3. The main groups of courts in the RF.

4. The Courts of General Jurisdiction (structure and competence).

5. The Commercial Courts (structure and competence).

6. The Russian Federation Constitutional Courts (structure and competence).

Ex.46. Compare the British court system and the Russian court system.

COMPARE AND CONTRAST

Key words commonly used to express comparison include:

like similar as

same in the same way too

both most important have in common

the same as similarly as well as

Key words commonly used to express contrast include:

although yet whereas

however but while

differ instead unless

unlike on the contrary contrary to

even though on the other hand

Note: When you compare one subject to another, you show how the two are alike, or similar. If you speak about similarities, you should start , for example, with “Both …and…”

When you contrast two subjects, you show how they are different. If you speak about differences, you should start , for example,with “While…., ….”