The court as a party to criminal proceedings, as well as civil and executive

The Constitution of the Russian Federation stipulates the exercise of justice exclusively by a court which, in defending the rights and freedoms of man and citizen, performs the main function of the judiciary. The Constitution and procedural legislation provide for a special order, which must certainly be respected in the course of justice, and distinguishes it from administrative proceedings. The legislator took care to create optimal conditions for establishing the truth and making a fair verdict.

Criminal Proceedings

The court, as a participant in criminal proceedings, is recognized as its main participant. He considers the cases on the merits and makes decisions, while protecting the legitimate rights and interests of citizens. In carrying out its functions, the court must take into account the international legal standards and practices of the European Court of Human Rights.

Participants in criminal proceedings are divided into groups:

• Court. As a participant in criminal proceedings, he is empowered to create acceptable conditions for the participants to exercise their rights and fulfill their duties.
• The prosecution party includes a prosecutor, an investigator, inquiry agencies, investigators, a victim, a private prosecutor, a representative of the victim, a civil plaintiff.
• The defense party consists of the suspect, the accused, their legal representatives in case of their minority, the defender, the civil defendant, the representative of the civil defendant.
• Others include participants who do not have their own interests in the case. These are witnesses, translators, experts, witnesses, experts.

The imposition of justice

Criminal justice is administered by judges of the world, regional, regional and equivalent courts, the Supreme Court of the Russian Federation. Representatives of the people - jurors - also take part in the implementation of the criminal process . Their task is to pass a verdict on the guilt or innocence of the defendant. And for the objectivity and legality of such a verdict, representatives of the people are endowed with certain rights and duties.

The court as a participant in criminal proceedings has the exclusive right to decide on the person's guilt in committing a crime or to justify it. It is for the guilty person to appoint a measure of punishment, compulsory measures of a medical or educational nature, which in some way restrict the rights and freedoms provided for by the Constitution of the Russian Federation.

Only a court, as a participant in criminal proceedings, has the exclusive right to manage the judicial process, adhering to the law. To resume violated human rights, to punish the perpetrator is his main task.

The court as a party to criminal proceedings can exercise justice both individually and collectively. For example, justices of the peace judge, as well as federal judges in the courts of first instance and appellate instance, are single-handedly conducting criminal trials. The college may consist of three judges or one professional judge with juries, which must be twelve.

Civil Procedure

Participants in the civil process are divided into three groups:

• Court. This state body is called upon to assist participants in the process to exercise their rights and fulfill their responsibilities in full. The court as a participant in the civil process is obliged to defend the disputed or violated human rights.
• Persons who have a legal interest in the proceedings (plaintiffs, defendants).
• Persons who do not have a legal interest in the proceedings (witnesses, experts, translators). Such persons help to establish the truth in the course of the trial.

Participants in the civil process are also divided into:

• Persons having a personal interest in the case;
• Persons having a state, public interest.

The norms of legislation applied by the court in the consideration of civil disputes determine its most dominant role in civil proceedings.

In a civil proceeding, the court shall administer justice alone only when considering cases in the court of first instance, if this is provided for by the legislation of the Russian Federation, or the participants in the process do not object to such consideration of the case.

Enforcement proceedings

The court as a participant in the enforcement process must perform the function of monitoring the execution of court decisions, as well as monitor the actions and decisions of bailiffs. This rather new function helped to bring the role and significance of the court in the criminal process to a new level. Even before the decision is taken, the court must take care of securing the claims.

The court is a special body

A court is a state body with a special order of formation and a procedure for exercising its powers. In order for the disputes and verdicts to be resolved to be fairly objective and fair, the legislator secured full independence for the judiciary. Therefore, any pressure on the court is excluded and punishable by law.