Court system in Russia

Russia belongs to the continental legal system, and a written law is the, main legal source. So, the supreme law in Russia is the Constitution. Other major legal sources include federal constitutional laws and federal laws. Any law cannot contradict the Constitution.

The Russian court system is composed of three independent parts. They are:

- the Courts of General Jurisdiction

- the Commercial (Arbitrazh) Courts

- the Russian Federation Constitutional Court

The Courts of General Jurisdiction include justices of the peace, District courts, Regional courts and the Supreme Court.

Justices of the peace resolve small claims at the local level.

District (rayon) courts functions as courts of first instance and courts of appeals for decisions of justices of the peace. These courts make initial decisions in the majority of criminal and civil cases.

Regional (oblast) courts serve as trial courts in more serious crimes and civil matters, and as appellate courts reviewing district court’s judgments.

As a result of the judicial reform of 2014, the Supreme Commercial Court of the Russian Federation has ceased to exist and its powers have been passed to the newly formed Supreme Court of Russia. The new Supreme Court is the highest judicial instance for both courts of general jurisdiction and the commercial courts. It can hear cases by way of supervision and for newly discovered circumstances. The Supreme Court may issue explanations on questions concerning judicial practice.

The military courts are included into the system of courts of general jurisdiction. They include garrison, district (navy) courts and the Military Chamber of the Supreme Court of the Russian Federation.

The Commercial Courts adjudicate commercial and economic disputes between business entities. These courts are organized at the level of constituent components of the Russian Federation.

The RF Constitutional Court adjudicates matters governed by the RF Constitution. Rulings of the Constitutional Court are binding and final. Some subjects of the Russian Federation have their own “subject” constitutional courts (14 courts) and also charter courts (4 courts).

In all courts cases are tried in public. The participants in the trial (the prosecutor, the lawyers, the plaintiff, the judge, the defendant and the others) speak in the open court. The accused is guaranteed the right to defense. The press has the right to be present.

During the hearing of a case any citizen may enter the courtroom and be present during the trial from the beginning to the end. The hearing of cases in closed sessions is allowed only in exceptional cases. Closed sessions are only allowed if it is in the interests of both sides or for the necessity to keep state secrets. Trial without participations of both sides is not allowed. The judges are independent and they must obey the law.