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 the court, which, in defending the rights and freedoms of man and citizen, performs the main function of the judiciary.
Criminal Proceedings
The court as a party to criminal proceedingsrecognized as its main participant. He considers cases on the merits and issues 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 bodies, 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 world judges,district, regional and equivalent courts, the Supreme Court of the Russian Federation. Representatives of the people - jurymen - 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 party to criminal proceedingshas the exclusive right to decide on the person's guilt in committing a crime or to justify it. The perpetrator should be given 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 the court, as a participant in the criminallegal 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 proceedingscan exercise justice both individually and collectively. For example, single-handedly conduct criminal trials of world judges, as well as federal judges in the courts of the first and appellate instances. 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 the participants in the process to exercise their rights and carry out their duties in full. The court as a participant in the civil process is obliged to defend 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 during the trial.
Participants in the civil process are also divided into:
- persons with a personal interest in the case;
- persons having a state, public interest.
In the civil process, the court exercisesjustice alone only when considering cases in the court of first instance, if it is provided for by the legislation of the Russian Federation, or the participants in the process do not object to such a consideration of the case.
Executive Proceedings
The court as a participant in the enforcement proceedingsshould 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 made, the court must take care of securing the claims.
The court is a special body
The court is a state body with a specialorder of formation and procedure for the exercise of their 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.
