The notion of jurisdiction, kinds of jurisdiction in criminal and civil cases

To date, the court is an important part of the state system of power in every country. The existence of such a body goes without saying. At the same time, the birth of ships occurred in ancient times. For example, in Rome, this instance was the magistrates, who resolved certain disputes between citizens. In ancient Greece, certain authorities of the judiciary were held by such an authority as the dicastery. As for the present, the body, which considers various kinds of disputes, is an important part of the state activity.

A similar trend arose in the New Age, when Charles Louis de Montesquieu developed the principle of separation of power. According to the provisions of this theory, public administration is divided into executive, legislative and, as we understand, judicial branches of power. If we take into account specifically the Russian Federation, then in our country there are many judicial bodies of different target orientation. That is, we are talking about departments, each of which is endowed with its own competence. But, despite the significant difference between all the courts of Russia, one can identify in their activities some common points, one of which is the institution of jurisdiction.

Justice in Russia

The notion of jurisdiction, types of jurisdiction are aspects that directly relate to the activities of special bodies. Those in the Russian Federation are the courts. It should be noted that these bodies are part of a unified system of departments, which is based on the principle of division of competence. In other words, courts consider different in their type and legal direction of the case. However, in the Russian Federation, consideration of certain disputes is carried out exclusively by the bodies represented. For this, the courts and judges themselves are vested with exclusive powers and legal freedom. The provisions of the existing Constitution have a great influence on the activities of such bodies. According to Article 118, justice is exercised within the framework of the administrative, criminal and constitutional process.

The concept of the institution of jurisdiction

In the activities of commissioners for the consideration of the disputes of the bodies one can meet a number of interesting institutions. All of them are characterized by their own peculiarities and legal fixation. One such is jurisdiction. It is worth noting that the notion of jurisdiction, types of jurisdiction and other aspects of the institution, as a rule, are fixed in regulatory acts that directly regulate the activities of certain types of bodies. But in this case the question arises: what is the institution in general?

According to the classical legal theory, jurisdiction is the actual distribution of cases of a certain type between courts of first instance. In other words, with the help of this institution, the question of which specific body will consider the dispute within the administrative, constitutional, criminal or civic departments is being decided. In general, for all courts without exception, jurisdiction, or rather its concept, is the same. The difference exists only in the types of the institution, which is determined by the specifics of all types of judicial proceedings in the Russian Federation.

Difference from jurisdiction

Many legal institutions are often identified, which leads to serious misconceptions in the process of their study. In this case, the concept and types of subordination and jurisdiction are completely different legal categories. The bottom line is that they characterize various procedural moments. After all, subordination is the actual definition of the type of legal proceedings in which the case will be examined. For example, civil disputes should be considered in a court of general jurisdiction, and entrepreneurial disputes in an arbitration body. That is, not the first instance is defined in the framework of a certain process, but the affiliation of the case to this branch of the process in general. Thus, the notion of jurisdiction, kinds of jurisdiction are absolutely not adjacent to the jurisdiction of the category. This fact must be taken into account when studying the whole institute.

Jurisdiction of civil cases

Civilization in the Russian Federation is now experiencing a stage of powerful development. This is connected with the gaining of our state of independence and the opening of markets. The concept and types of jurisdiction of civil cases are largely determined by the specifics of this area of legal regulation. The fact is that the resolution of disputes in the civil process occurs within the scope of the proceedings. That is, a citizen who considers his rights violated, submits an application to the court. In the course of consideration of the claim, the authorized person must determine whether the matter affected in the claim is a jurisdiction at first instance to an authority. At the same time, several types of this institute are singled out in the civil process.

Varieties of jurisdiction in the civil process

Civilization is famous for the fact that many legal norms have a large number of alternatives. However, the institution of jurisdiction in the civil process is strictly defined by law. This approach is correct, because it allows you to consider all cases without exception, promptly and objectively. There are several types of jurisdiction.

1. The territorial type of the institution shows which territorial body should consider a particular case. As a general rule, lawsuits to the court must be filed at the place of residence or the actual registration of the defendant, if we are talking about a legal entity.
2. There is an alternative kind of institute. It is used in cases where the defendant's residence is unknown. In this case, the claim will be filed within the territory where its property is located. At the place of location of the plaintiff, applications can also be made to collect money for damages, divorce, recovery of alimony, etc.
3. Exclusive jurisdiction is a kind of institution that is predetermined by peremptory norms. For example, according to Article 119 of the Civil Code of the Russian Federation, any disputes related to real estate are considered at the location of such property without fail.

It is also possible to distinguish such an insignificant form as contractual jurisdiction. However, with an exact certainty it can not be attributed directly to this institution, since its essence lies in the preliminary agreement of the parties on the place of consideration of the dispute, if any. It should be noted that the notion of jurisdiction, kinds of jurisdiction in the civil process will differ significantly from similar categories in other legal branches of the Russian Federation. The very essence of the institution may be similar, but the internal structure will have its own specifics.

The concept and types of jurisdiction in criminal proceedings

Practical in any legal industry there are categories that are also inherent in other areas of regulation. Jurisdiction of cases to civil courts, the concept, which kinds are presented earlier, exists in the process of criminal orientation. Of course, within the latter sphere it has its own peculiarities. In the criminal process, four main types of jurisdiction are singled out.

1. The subject institution, or rather its provisions, determines a particular court when considering a case. According to the provisions of the current legislation, the competence of the first instance courts depends on the crime committed.
2. Territorial jurisdiction speaks about the need to consider the case in the place of direct commission of the crime.
3. As for the personal appearance of the institution, it depends on the identity of the subject of the crime. For example, criminal cases opened against deputies of the State Duma or the Federation Council are necessarily considered by the Supreme Court of the Russian Federation.

Jurisdiction of several cases

There are many theoretical disputes about the last type of institution associated with combining several cases. Not all scientists consider it to be a jurisdiction. However, there are cases when they unite in one several criminal cases of different levels. In this case, the problem arises of determining the competent authority that will consider them. Nevertheless, there is a general rule according to which such situations are subject to a decision in the courts of higher authority for their instance membership.

Concept, kinds of jurisdiction of arbitration cases

As mentioned earlier, the institution described in the article is present in all processes without exception. An example of this fact is the jurisdiction of cases to arbitration courts. The concept and types of this institution have much in common with a similar phenomenon in the civil process. In other words, as a general rule, all claims are filed at the defendant's location. But there are also certain types of jurisdiction, namely: territorial and tribal. They are endowed with their own peculiarities, which is conditioned by the specifics of the legislation of the arbitration process.

Conclusion

So, we examined the notion and types of jurisdiction in the civil process, as well as criminal and arbitration. In general, the presented institution is the same in all cases. At the same time, it is impossible to deny certain features related to the specifics of the sectoral legislation.