The Constitutional Court

TEXT

In all legal systems there are institutions for creating, modifying, abolishing and applying the law. Usually these take the form of hierarchy of courts. The role of each court and its capacity to make decisions is strictly defined in relation to other courts. There are two main reasons for variety of courts. One is that a particular court can specialize in particular kinds of legal actions. The other is so that a person who feels his case was not fairly treated in a lower court can appeal to a higher court for reassessment. The decisions of a higher court are binding upon lower courts.

The court is a state body that administers justice on behalf of the state.

There are courts of first instance (original jurisdiction) and second instance (appellate jurisdiction). A court in which a case is first heard is called the court of first instance. A court of original jurisdiction is one which first examines a case in substance and brings in a sentence or decision. Any court, from the district court to the Supreme. Court of the state may sit as a court of first instance. In almost all cases it is possible to appeal to higher court for reconsideration of the decision of the original court. A court of second instance is one which examines appeals and protests against sentences and decisions of courts of first instance.

The Constitutional Court ensures that the laws and other normative acts passed or being considered by the supreme and local legislative branches are constitutional.

The Supreme Court is the highest judicial body for civil, criminal, business and other cases. It has the power of supervision over the activities of all the judicial bodies of the state. The Supreme Court gives the court interpretation on the issues of court practice. It tries the most important criminal and civil cases and likewise hears appeals against the judgements and sentences of other courts, as well as appeals against the judgements and sentences of the military courts of the state.

  The basic judicial body is the district court. District courts try both criminal and civil cases. It is also the duty of the district courts to protect the electorial rights of citizens. The higher courts of constituent entities of the Russian Federation hear and determine cases of major importance. They are courts of appellate jurisdiction.

The Supreme Arbitration Court is the highest judicial body for settling economic disputes and other cases examined by courts of arbitration; it exercises judicial supervision over their activities in the procedural forms envisaged by federal law and provides interpretation on issues of court proceedings.

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 defend. 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 session 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 participation of both sides is not allowed. The judges are independent and they must obey the law.

3. What do you think these words and phrases mean:

Judicial, court of first instance, case of major importance, sit, in public, participant, higher court, lower court, district court, regional court, city court, right to defence.

Instance, examine, appeal, protest, basis, criminal, civil, activity, public, collegiums, military, period, material.

LANGUAGE AND LAW STUDY

5. Skim the text. Are these statements true or false?

1. There are courts of first instance and second instance.

2. A court of first instance examines appeals and protests against sentences and decisions of other courts.

3. Any court, from the district court to the Supreme Court of the state, may sit as a court of first instance.

4. Higher courts hear and determine cases of major importance.

5. The basic judicial body is the Supreme Court.

6. Scan the text to find the answers to the 8 “What questions”

1. What is the role of each court?

2. What is the function of a court of first instance?

3. What is the basic judicial body of state?

4. What is the function of a court of second instance?

5. What cases does a district court consider?

6. What are the functions of the Supreme Court?

7. What is the status of judges?

8. What are the participants of the trial?

(Ответы на английском)

8. Match these words and phrases with their Russian equivalents

a) To administer justice                        1. Рассматривать дело по существу

b) To bring in a sentence a decision,     2. жалоба

a judgement

c) To examine a case in substance     3. Вынести приговор, решение

d) An appeal                                       4. Отправлять правосудие

e) The power of supervision              5. Подлежать отзыву

over

f) To be subject to removal                 6. Право надзора

 9. К тексту задать 10 вопросов.