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Law Dictionary

COURT OF FIRST INSTANCE Legal Encyclopedia

COURT OF FIRST INSTANCE- a court empowered to directly investigate and establish the circumstances of the case in a court session and issue a decision or sentence on it, respectively. When considering the case S.p.i. obliged: in a civil case to hear explanations ... ... Encyclopedic Dictionary of Economics and Law

court of first instance- a court empowered to directly investigate and establish the circumstances of the case in court and issue a decision or sentence on it, respectively. In the cases established by the procedural law, S.p.i. makes determinations... Big Law Dictionary

Court of First Instance- the court empowered to decide the verdict in the case. The Code of Criminal Procedure of the USSR dated 10/27/60, art. 34 ... Dictionary of legal concepts

Court of First Instance for Criminal Cases- 52) a court of first instance, a court considering a criminal case on the merits and competent to pass a sentence, as well as make decisions in the course of pre-trial proceedings in a criminal case; ... Source: Code of Criminal Procedure of the Russian ... ... Official terminology

Court of Appeal- Court of Appeal, Court of Appeal, Court of Second Instance. In criminal and civil proceedings, on appeal, the legality and validity of decisions made by justices of the peace and federal judges are checked. In the courts of general ... ... Wikipedia

Supervisory Court- the court that checks the legality and validity of decisions of lower courts that have entered into force. Supervisory proceedings are an exceptional stage of legal proceedings. As courts of supervisory authority in the general court system ... Wikipedia

Appeal against the rulings of the Arbitration Court of First Instance- filed with the arbitration court of the appellate instance and considered by it according to the rules provided for filing and consideration of appeals against decisions of the arbitration court of the first instance. Appeals against arbitration rulings ... ...

Consideration of cases in the arbitration court of first instance- cases in the first instance of an arbitration court may be considered by a single judge; collegiate consideration of cases in an arbitration court of first instance is carried out in the composition of three judges or a judge and two arbitration assessors. At first instance... Encyclopedic dictionary-reference book of the head of the enterprise

Books

Proceedings in criminal cases in the court of first instance . The book examines the problems of criminal proceedings in the court of first instance, where, based on the evidence presented by the parties and examined in court, the court ... Buy for 838 rubles
Handbook of the Russian judge on civil proceedings. Educational and practical guide, Bespalov Yuri Fedorovich. This book presents the procedure for consideration and resolution by the courts of the Russian Federation of civil cases at first instance: the initiation of a civil case; preparation of a civil case ... Buy for 702 rubles
Handbook of a Russian judge in civil proceedings Consideration and resolution by the courts of the Russian Federation of civil cases at first instance Educational and practical guide, Bespalov Yu. preparation of a civil case ...

When considering the case S.p.i. obliged: to hear explanations in a civil case ... ... Legal Encyclopedia Court of First Instance - Court of First Instance a court authorized to directly investigate and establish the circumstances of the case in court and to issue a decision or sentence on it, respectively.

The judicial act of the court of first instance, as a rule, ... ... Wikipedia COURT OF FIRST INSTANCE - a court authorized to directly investigate and establish the circumstances of the case in court and issue a decision or sentence on it, respectively.

What is the Court of First Instance

When considering a civil case, the court of first instance is obliged to hear explanations from the persons participating in the case, testimonies of witnesses, expert opinions, familiarize themselves with written evidence, examine material evidence (Article 146 of the Code of Civil Procedure of the RSFSR).

This is exactly the court to which citizens apply with a cassation complaint. After consideration of the case by the court of cassation, the decision of the court of first instance either enters into force or is canceled and transferred for a new consideration to the court of first instance.

Currently, Russia is restoring the world court that existed before the revolution (Article 4 of the Law “On the Judicial System of the Russian Federation”).

The Magistrate's Court is the lowest link in the system of courts of general jurisdiction (lower than district (city) courts).

The court of cassation for him is the court of the main link.

Review of court decisions or sentences that have entered into legal force is possible only in the order of judicial supervision in the event of a protest against court decisions or sentences by the prosecutor or the chairman of the court of a constituent entity of the Federation, the Prosecutor General, the Chairman of the Supreme Court of the Russian Federation or their deputies.

What courts are

In accordance with Art.

27 of the Arbitration Procedure Code of the Russian Federation, arbitration courts have jurisdiction over cases on economic disputes and other cases related to the implementation of entrepreneurial and other economic activities. Knowing what kind of courts there are is very useful for every citizen, because often in life there are such problems that are solved only through the courts.

In arbitration courts, cases in the first instance are considered by a single judge, with the exception of cases involving the contestation of normative acts, cases related to bankruptcy, the involvement of arbitration assessors and in a number of other cases. On the territory of the city of Moscow there are two arbitration courts considering cases at first instance - this is the Arbitration Court of the City of Moscow and the Arbitration Court of the Moscow Region. Decisions of justices of the peace are appealed on appeal.

The final rulings shall be issued by the court at the end of the proceedings in a civil case, if it is impossible to issue a judgment. Private definitions occupy a special place in the civil process.

When revealing cases of violation of the law, the court may issue a private ruling, which it must send to the relevant organizations or relevant officials. So, summing up, it must be said that the court of first instance is those judicial bodies that first consider cases according to a certain precedent.

In the criminal process in the first instance, cases are considered with the aim of convicting or acquitting the defendant.

In civil and arbitration proceedings, the issues of satisfaction or refusal of a claim, its proof or lack of proof are resolved. Any court, including the highest echelons of the judiciary, with the exception of the Arbitration Courts of Appeal and the Federal Circuit Courts of Arbitration, may act as the first instance.

The opinion that exists in some cases that magistrates' justice was created only to reduce the burden on federal district courts operating in the first instance is deeply erroneous.

The main goal of creating the institution of magistrates is to make justice more accessible, to bring it as close as possible to the population. The justice of the peace faces the same tasks as the judge of the district court considering civil cases at first instance.

What are the courts of first instance?

In turn, they are subject to supervision by the Supreme Court as the highest judicial body of the Russian Federation.

includes the exercise of the following instance powers of courts of general jurisdiction: consider. dismissal of cases as a court of first and second instances, in the order of supervision and on newly discovered circumstances. As a court of first instance, they consider

They hold civil cases accepted for their proceedings on their own initiative, and criminal cases on the most dangerous (grave and especially serious) crimes specified in Art.

The civil process begins with the filing of a statement of claim, or lawsuit.

A statement of claim is a written application to the court by an interested person with a demand to protect a violated right or legally protected interest by resolving a dispute about the right.

Claims may relate to disputes arising from various legal relations (labor, housing, property, family, alimony, copyright, inheritance, inventive, etc.). Disputes arising from administrative relations, as well as disputes on the establishment of facts of legal significance, and some others are considered in non-contentious proceedings.

Litigation is aimed at resolving conflicts between legally equal subjects between which there are no relations of dependence, power and subordination.

The right to file a claim belongs citizens, foreigners and stateless persons, as well as organizations. It is important that persons have the minimum and easily established in each case conditions (prerequisites for a claim). These include:

Procedural capacity of a person;

Jurisdiction of the case to the court;

Absence of a court decision previously rendered in the same case;

The absence between the parties of an agreement on the transfer of this dispute to arbitration.

It is impossible to refuse to accept a statement of claim, even if the judge believes that the plaintiff is needlessly demanding certain behavior from the debtor. If in reality there is no right to demand a certain behavior of the defendant, the judge, having accepted the application, will make a decision to dismiss the claim.

The defendant, as already noted, is an equal party and therefore is endowed with full rights to defend against the claim. His means of protection are objections i.e. explanations of the defendant, justifying the illegality of the claim brought against him (for example, denial of facts, provision of evidence, references to laws, etc.), and counterclaim, i.e. an independent claim, declared in the same process for joint consideration with the claim brought against him, in order to protect his interests. For example, against a claim for the return of a debt, the defendant submits a claim for compensation for damage caused by the plaintiff to his property (for example, a car) in the process of use.

Stages of the civil process

I. Initiation of a civil case. When accepting a statement of claim, the judge, having established that the person has the right to apply to the court, must check whether the interested person complied with the procedure (conditions) for applying to the court. These conditions are:

Jurisdiction of the case (usually the dispute is considered at the place of residence of the defendant or the location of the organization);

Competence of the plaintiff. In the event of his incapacity, his legal representative must act on his behalf;

Properly executed representative powers to conduct business;

Compliance of the form and content of the application with the requirements of the law, the availability of a copy of the application, and, if necessary, the documents attached to it (for example, a marriage certificate in a claim for its termination);

Payment of state duty.

The claim must express the demand clearly declared to the defendant. It must contain the information necessary for the consideration of the case: the name of the court to which the application is submitted, the name of the plaintiff, indicating his place of residence (for organizations - the location); similar information about the defendant; the facts on which the claim is based and the evidence supporting these facts; claimant's claim; the value of the claim, if the claim is subject to evaluation; list of attached documents.

The application must be signed by the plaintiff. Also attached to it are copies according to the number of respondents.

The issue of accepting an application is decided by the judge alone, which is formalized by a decision to initiate a civil case (or to leave the application without movement if the procedure for filing it is violated, or to refuse to accept if there are no prerequisites for filing a lawsuit). It is unacceptable to refuse to accept a statement of claim on the grounds of:

Unsubstantiated claims;

The absence of a law regulating the disputed relationship.

II. Preparing a case for trial. Such preparation begins after the application is accepted for proceedings and is formalized by the decision of the judge.

The amount of preparation for litigation depends on the complexity of the case. Here the judge usually clarifies the stated requirements(by questioning the plaintiff, and possibly the defendant), determines the law to be followed, establishes what evidence is needed, decides who involve in the case along with the defendant, and notifies everyone of the day and time consideration of the case.

The preparation of the case for the hearing must be carried out in time no later than 7 days after accepting the claim. In particularly difficult cases, the period may be extended to 20 days reasoned decision of the judge.

Having recognized the case as sufficiently prepared, the judge shall issue ruling on appointment to the proceedings and in its determination indicates the day and hour its consideration, and does it in advance, so that the persons participating in the case can thoroughly prepare for the protection of their interests.

III. Trial. Produced singly or jointly consisting of a judge and two people's assessors.

Court session the judge leads i.e., manages its entire course, ensures a complete and comprehensive clarification of all the circumstances of the case, the rights and obligations of the parties, etc.

The manifestation of disrespect for the court by the persons participating in the case or citizens present at the court session may entail liability (warning, removal from the hall, fine, arrest up to 15 days). If the actions of the violator contain elements of a crime (for example, hooliganism), then the prosecutor is informed about this or a criminal case is initiated by the court.

Litigation consists of several stages.

1. Preparatory stage. Here it is clarified whether all the necessary persons have appeared, and if not, whether it is possible to do without their appearance, whether the persons participating in the case trust the court, and whether they have challenges to the court, the participants in the process are explained their procedural rights and obligations, etc.

2. Study of the facts of the case. Research begins report of the case by the judge, after which the parties supplement and clarify their requirements and objections. The court then hears explanations of the plaintiff, defendant, as well as other persons involved in the case. Persons involved in the process have the right to ask each other questions. After hearing the explanations of the persons participating in the case, the court proceeds to investigation of the facts of the case, examination and verification of evidence. In practice, the study of evidence most often begins with a questioning of witnesses (first those invited by the plaintiff, then witnesses from the defendant's side). After the free story of the witness, he is asked questions with the consent of the court. The presiding judge has the right to reject a question that is not related to the subject of proof. Consideration of written evidence is carried out by their announcement, after which the persons participating in the case can give explanations. Physical evidence is usually examined by examining it in court. After that, the results of the examination, if it was appointed, are considered by announcing the conclusion or questioning the expert. If all the evidence is considered, the judge finds out which of the participants in the process has additions, after which the court proceeds to judicial debate.

3. Litigation. The debate, as it were, sums up the study of evidence. At first the floor is given claimant or his representative, and then to the defendant and his representative, after what to a third party, who filed an independent claim (or his representative). The prosecutor participates in the debate, if the case was initiated on his application, in which case he speaks first (the same applies to executive authorities). The right of the last remark always belongs to the defendant and his representative.

Prosecutor participating in the case gives a conclusion on the merits of the case as a whole after the judicial debate.

After the judicial debate and ~ the conclusion of the prosecutor the judge (court) retires to the deliberation room to make a decision.

IV. Judgment by the court. At the decision and announcement of the decision, the result of the entire trial is summed up. The decision is made immediately after hearing the case. In particularly complex cases, the drafting of a reasoned decision may be postponed for a period of not more than three days, however, the introductory and operative parts are announced immediately.

The decision itself consists of introductory, descriptive, motivational and resolutive parts.

There are certain requirements for a judgment. Decision must be based on the norms of substantive and procedural law, as well as be justified., i.e., contain relevant circumstances for the case and provide evidence in support of the conclusions contained in it. The judgment must be exhaustive(complete) and contain final responses to all stated requirements. He must also have certainty. It should give such a response to the requirements, which would exclude uncertainty and different interpretations. Therefore, it is unacceptable to issue alternative decisions such as "... to transfer property or collect its value." And finally, the judgment must be unconditional i.e., not to make the fulfillment of the plaintiff's claim dependent on the occurrence or non-occurrence of any conditions.

12. Absentee proceedings in civil proceedings in Russia.

According to the current procedural legislation, proceedings in absentia are recognized as the procedure for considering and resolving a specific civil case in the event of the default of the defendant, duly notified of the time and place of the court session, who did not report good reasons for the non-appearance and did not ask for the consideration of the case in his absence, if he does not object to this the plaintiff, with a decision, referred to as absentee.

Consideration and resolution of the case in the order of proceedings in absentia is possible under certain conditions specified in the law. Article 233 of the Code of Civil Procedure of the Russian Federation refers to them the absence of the defendant, his proper notice, the absence of valid reasons for the absence, the defendant's request to consider the case in his absence and the consent of the plaintiff.

The non-appearance of the defendant is the actual absence of the party in the courtroom during the consideration and resolution of the case. The silent presence of a party at a court session is not considered a failure to appear, but is regarded as an evasion from participation in the presentation and examination of evidence. It should also be borne in mind that consideration of the case in absentia proceedings and the issuance of a decision in absentia is possible in the absence of both the party and its representative. If a representative appears, proceedings in absentia are not allowed.

A proper notification of the defendant is recognized as a notification carried out by the methods and in the manner specified in Chapter 10 of the Code of Civil Procedure of the Russian Federation.

Lack of valid reasons for the absence of the defendant. The obligation to notify the court of the reasons for non-appearance and to provide evidence of the validity of these reasons rests with the parties. If the reasons for non-appearance are recognized as valid, the court shall postpone the hearing of the case.

The procedure for the implementation of proceedings in absentia and the rules for issuing a decision in absentia are enshrined in Ch. 22 Code of Civil Procedure of the Russian Federation.

A decision in absentia is possible under the following conditions:

1) after the initiation of a civil case, the defendant must be duly notified of the time and place of the court session (of which the court has relevant information);

2) the case does not contain a written request to consider the case in the absence of the defendant or information about the validity of the failure to appear, recognized as such by the court;

3) the plaintiff has appeared at the court session and agrees to the issuance of a judgment in absentia by the court;

4) the immutability of the subject of the dispute.

In the presence of the above conditions, the court has the right to consider the case in absentia proceedings. The transition to such consideration of proceedings is carried out by a court ruling.

When considering a case, the court holds a court session in accordance with the general procedure, examines the evidence presented by the persons participating in the case, takes into account their arguments and makes a decision.

An absentee decision shall be issued in the same manner as an ordinary decision and shall be proclaimed publicly. The plaintiff, as a general rule, gets acquainted with the content of the decision directly at the court session. The party that did not appear at the court session no later than 3 days from the date of the decision is sent a copy of it (Article 236 of the Code of Civil Procedure of the Russian Federation).

The decision in absentia shall enter into force upon the expiry of the time limit for its appeal.

The legal force of an absentee judgment gives it properties that are characteristic of an ordinary decision.

A decision in absentia may be appealed in the general procedure (cassation or appeal) and in the manner established specifically for the cancellation of a decision in absentia.

The second option is possible only for the defendant. The defendant has the right to file with the court that made the decision in absentia, an application for its cancellation within 7 days from the date of delivery of a copy of this decision to him (part 1 of article 237 of the Code of Civil Procedure of the Russian Federation).

An application for the annulment of an absentee decision must contain:

1) the name of the court that issued the decision in absentia;

2) the name of the person submitting the application;

3) circumstances that testify to the validity of the reasons for the defendant's failure to appear at the court session, about which he was not able to inform the court in a timely manner, and evidence confirming these circumstances, as well as circumstances and evidence that may affect the decision of the court;

4) the request of the person submitting the application;

5) a list of materials attached to the application.

Such a statement is not subject to payment of state duty (part 3 of article 238 of the Code of Civil Procedure of the Russian Federation).

Having received the application, the court checks its compliance with the requirements of the law and after that notifies the persons participating in the case of the time and place of its consideration; sends them copies of the application for review of the default decision and the materials (documents) attached to it.

An application for reconsideration of a decision in absentia shall be considered at a court session within 10 days from the date of its receipt. The absence of the persons participating in the case and notified of the time and place of the court session does not prevent the consideration of the application (Article 240 of the Code of Civil Procedure of the Russian Federation).

Based on the results of consideration of an application for review of a default decision, the court may:

1) issue a ruling to refuse to satisfy the application and uphold the absentee decision;

2) issue a ruling on the cancellation of the default decision and the resumption of the consideration of the case on the merits.

The court makes the first ruling if it recognizes that the reason for the defendant's failure to appear at the court session was disrespectful, and the evidence presented was insufficient to cancel the decision.

The second ruling is issued if the court establishes that the defendant's failure to appear at the court session was due to valid reasons, which he did not have the opportunity to inform the court in a timely manner, and at the same time the defendant refers to the circumstances and presents evidence that may affect the court's decision (Article 242 Code of Civil Procedure of the Russian Federation).

The cancellation of the default decision does not mean the resolution of the case in favor of the defendant. The case must be re-examined on its merits.

It is not possible to re-make a judgment in absentia.

The concept of "court" refers to the main characteristics of the judicial system. The courts are divided into instances depending on the procedural competence, in which one court - a higher one - has the right to check the decisions of the lower one and, if they are unfounded and illegal, change and cancel these decisions.

The judicial authority is the court or its structural subdivision, performing one or another function of justice based on the objectives of the proceedings.

Justice at first instance is the consideration of the case on the merits with the aim of convicting or acquitting the defendant in a criminal case and satisfying or denying a claim in civil and arbitration cases. Cases at first instance are considered by all courts of general jurisdiction. In the subsystem of arbitration courts, the first instance courts and the Supreme Arbitration Court of the Russian Federation have the right to consider the case at first instance. This is determined by the rules on the subject matter jurisdiction of the case. The majority of criminal and civil cases are considered at first instance by district courts, and arbitration - by arbitration courts in the constituent entities of the Russian Federation. The most complex cases are dealt with at first instance and second-tier courts, and very few cases end up at first instance at the highest level of the judiciary.

In accordance with their procedural competence, all courts are divided into courts of the first, second (cassation) and supervisory instances.

Thus, the justice of the peace performs only one function - the court of first instance, and the regional one - three at once: the courts of the first, second and supervisory instances. If the court of first instance considers cases on the merits, then the court of second or supervisory instance checks the legality and validity of the decision of the court of first instance.

In the court of first instance, the case is heard on the merits, the evidence is examined, and a decision is made in the name of the state. In courts of general jurisdiction, the court of first instance can be any court that is part of the system of these courts, both district and the Supreme Court of the Russian Federation, i.e. cases at first instance are considered by all courts within the limits of their competence. The vast majority of criminal and civil cases at first instance are considered by district courts.

The most complex court cases are considered on the merits by higher courts up to the Supreme Court of the Russian Federation.

The consideration of the case on the merits is characterized by the fact that the judge alone or with the participation of jurors, or people's assessors, or three judges, on the basis of an analysis of the evidence, establishes the actual circumstances of the case. As a result of the proceedings, a verdict is issued - in a criminal case or a decision - in a civil case.

These decisions and sentences do not enter into legal force within the time (period) established by law and may be appealed in cassation by the defendant, plaintiff or defendant, or protested by the prosecutor in a court of second instance.

Question 29

The judiciary is a group of judicial bodies that have equivalent procedural powers in the production of a particular case.

The attribution of a court or judicial body to one or another instance does not depend on the territory in which the court is established and operates. Here the main thing is which of the courts considered this case on the merits and how it moved further through the judicial system, what happened to the case at different points in the proceedings. Courts of I, II (appeal or cassation) and supervisory instances may participate in the proceedings on any case.

Through the system of judicial instances and thanks to the opportunity to check the legality and validity of decisions of a lower court by a higher court, the functional connection of all courts of a separate subsystem and the unity of the entire judicial system are ensured.

The cassation instance in the subsystem of courts of general jurisdiction is a court that reviews decisions that have not entered into legal force, issued by federal courts as a court of the first instance, as well as decisions of the appellate instance.

The powers of the cassation instance are vested in special judicial bodies within the higher courts. So, for the district court, the role of the cassation instance is performed by the judicial chambers of the higher court of the constituent entity of the Russian Federation. If the court of the constituent entity of the Russian Federation was the first instance, then the corresponding collegium of the Armed Forces of the Russian Federation will be the cassation instance for it. Decisions of the Supreme Court of the Russian Federation, issued at the first instance, are checked in the cassation procedure by the cassation board of this court. The cassation instance always operates in the composition of three professional judges of the higher court.

The cassation instance in the subsystem of arbitration courts is a judicial body that checks the decisions of the arbitration courts of the constituent entities of the Russian Federation that have entered into force and the decisions of the courts of appeal, therefore it cannot be called the second instance.

The functions of the cassation instance are performed by the federal arbitration courts of the districts (p. 24 of the Law on Arbitration Courts). The cassation instance is composed of three professional judges.

QUESTION30. The concept of supervisory authority. Supervisory court. The supervisory authority is a subdivision of the courts, endowed with the right to check the legality and validity of sentences and other court decisions that have entered into force. (This can be done by the Presidium of the Supreme Court of the Russian Federation.)

The court of the supervisory instance verifies the sentences and decisions of the courts of first instance that have entered into force.

The presidium may consider the case if there is a majority of the members of the council. Decisions are made by majority, in case of equality of votes, the protest is considered rejected, as it did not collect the majority of votes. A member of the presidium may not agree, in which case he has the right to express his dissenting opinion.

Consideration of the case on newly discovered circumstances - the stage of the consideration of the case is excluded, in which the court checks the legality and validity of judicial acts that have entered into force, in connection with the discovery of circumstances that were unknown during the consideration of the case.

Newly discovered circumstances are circumstances:

that existed at the time of the resolution of the case,

circumstances must be significant.

These circumstances could not be known to the court when considering the case.

Supervisory review of court decisions

1. Judicial decisions that have entered into legal force may be reviewed in the exercise of supervision by the Presidium of the Supreme Court of the Russian Federation on complaints and appeals from the Prosecutor General of the Russian Federation and his deputies.

2. The court of the supervisory instance verifies the legality of the judgment, ruling or decision of the court on the basis of a supervisory complaint or presentation.

3. The Presidium of the Supreme Court of the Russian Federation shall be appealed against which have entered into force:

1) judicial decisions of the supreme courts of republics, regional or regional courts, courts of cities of federal significance, a court of an autonomous region, courts of autonomous districts, issued by these courts when considering a criminal case in the first instance, if these decisions were the subject of an appeal in the Supreme Court of the Russian Federation;

2) judicial decisions of district (naval) military courts issued by these courts when considering a criminal case in the first instance, if these decisions were the subject of an appeal in the Supreme Court of the Russian Federation;

3) judicial decisions of the Board of Appeal of the Supreme Court of the Russian Federation, the Judicial Board for Criminal Cases of the Supreme Court of the Russian Federation and the Military Board of the Supreme Court of the Russian Federation issued by them on appeal;

4) rulings of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation and rulings of the Military Collegium of the Supreme Court of the Russian Federation issued by them in cassation;

5) resolutions of the Presidium of the Supreme Court of the Russian Federation.

QUESTION32) In the system of federal courts of general jurisdiction, the district court is the main link. This is due primarily to his broad competence in the administration of justice, as well as the amount of work that he actually performs. It, within its competence, considers cases as a court of first and second (appeal) instance and exercises other powers provided by law. The principles of its organization are determined by the Constitution of the Russian Federation, the Laws "On the judiciary", "On the status of judges" and others21. A district court operates in every district or city that is not divided into districts. District courts are created and abolished by federal law on the proposal of the Supreme Court of the Russian Federation, based on the proposal of the Judicial Department. Powers of the District Court. At present, the District Court, being the court of first instance, considers and resolves criminal, civil and administrative cases on the merits of the issues that are raised in these cases. As a court of appeal, the district court has the right to review sentences (decisions) and decisions of the justice of the peace in criminal and civil cases that have not entered into force. He has jurisdiction over almost all criminal cases, except for cases referred by law to the jurisdiction of magistrates, higher and military courts; all civil cases under the jurisdiction of the judiciary; cases of administrative offenses. In the district court, cases are heard by a single judge. Organizing the execution of sentences in criminal cases, the district court decides a number of issues related to the implementation of punishment. In this regard, he considers issues of parole from punishment, replacement of punishment with a milder one, etc. In connection with the change in the criminal procedure legislation, the judge has the authority to issue permission to the investigating authorities to carry out a number of procedural and investigative actions that restrict the constitutional rights of citizens: on choosing a measure of restraint in the form of detention, house arrest and extending the period of detention ; on the placement of a suspect (accused) in a medical or psychiatric hospital for the production of a forensic medical or forensic psychiatric examination; on the production of a search and seizure in a dwelling; on the seizure of correspondence, its examination and seizure; on the control and recording of telephone conversations and other conversations and a number of other procedural actions (part 1 of article 29 of the Code of Criminal Procedure of the Russian Federation). The district court is competent during pre-trial proceedings to consider complaints against actions (inaction) and decisions of the prosecutor, investigator, body of inquiry and the inquirer that affect the rights and interests of participants in the process (Art. 29, 125 Code of Criminal Procedure of the Russian Federation). It is also entrusted to the district courts to control the legality and validity of the actions of the bodies involved in operational-search activities. In accordance with Part 2 of Art. 8 of the Law "On operational-search activity" "carrying out operational-search measures that restrict the constitutional rights of citizens to the secrecy of correspondence, telephone conversations, postal, telegraph and other messages transmitted over electric and postal networks, as well as the right to inviolability of the home, permitted by a court order. Basic rights and duties of a district court judge. In order to perform his tasks of administering justice and other functions, the judge has powers that are determined by law. The judge has the right: - to demand from officials and citizens the execution of orders related to the implementation of their duties; - to make submissions to various authorities on the elimination of violations of the law or the causes and conditions that contributed to the commission of offenses; – request information from state and public bodies, scientific institutions and information centers. At the same time, judges have certain duties: - when considering court cases, to strictly comply with the requirements of laws; - ensure the protection of the rights and freedoms of citizens, their honor and dignity, the interests of society, a high culture of judicial activity;

The thirties of the last century - the time of the most fruitful and intense creative flowering of Gogol. Following "Evenings", "Mirgorod", "Arabesques", he turns to dramaturgy and creates one of the most remarkable works of world literature - the immortal "Inspector". In this comedy, chivalric-bureaucratic Russia, a police-autocratic system based on servility, bribery, abuse and oppression, are put to shame. In the words of the writer himself, he "decided to gather together everything bad in Russia ... all the injustices that are done in those places and in those cases where justice is most required of a person, and at one time laugh at everything."

The very course of the play is built in a peculiar and new way. Khlestakov does not yet appear in the first act. But the whole atmosphere of fear of expectation, fear that unseemly deeds and abuses of the mayor and other officials will be revealed, determine the further development of the action, the possibility of a future mistake. "With what force, with what simplicity, with what ingenious economy, the play begins!" - wrote the famous theater figure V. I. Nemirovich-Danchenko. The plot of the "Inspector" is given already in the first phrase: "I invited you, gentlemen, in order to inform you of the unpleasant news: the auditor is coming to visit us." And already this phrase gives the main impetus to the whole action - the emergence of fear, which clouded the mind of the mayor. Behind the comical, almost vaudeville plot in The Inspector General there is always an unattractive and harsh reality, one can feel the dramatic tension that was so sharply expressed in the finale, in the "silent scene". The comic effect is based on a "misunderstanding". Each of the characters, under the influence of fear, misinterprets the words of the other. And so it is in all comedy: a lie is taken for truth, and the truth is taken for a lie. Not only Khlestakov lies uncontrollably, both the mayor and Strawberry lie recklessly, trying to present themselves and the case “entrusted” to their observation in the best possible way. , lie.In the mayor's house, Khlestakov's character is revealed in fullness. He takes care of both the daughter and the wife of the mayor, is declared the groom of Marya Antonovna and disappears as quickly as he appeared. "The character of Khlestakov," Belinsky will say, "... unfolds completely, reveals itself to the last semblance of its microscopic pettiness and gigantic vulgarity."Behind the condemnation and ruthless ridicule of the world of mayor and whiplash, all the evil spirits of bureaucratic rogues and the most empty rogues, stands Gogol's positive ideal, which has not yet taken on a concrete expression, representing only a dream of a just and reasonable structure of society.Gogol did not bring out a "positive hero" in his comedy. He wrote in "Theatrical Journey": "Yes. If at least one honest person were placed in a comedy and placed with all the fascination, then everyone would go over to the side of this honest person and would completely forget about those who so frightened them now". The positive beginning in The Inspector General is laughter, which embodies that lofty moral and social ideal, and is that "honest face" that determines the meaning of the comedy."Laughter" in "The Government Inspector" is imbued with faith in the "bright nature of man", in the spiritual forces of the people, opposing those forces of social stagnation, soullessness, selfishness, which are embodied in the characters of the play in a comic and ugly form. "Silent scene", completing the comic action tragic ending, affirms the triumph of "justice", the triumph of the highest moral principle.