What category of cases are considered by magistrates' courts?

Where to file a claim?

The system of courts of general jurisdiction can be classified vertically and horizontally. There are vertical courts (let’s look at the example of the city of Yekaterinburg):

1. Magistrate of the judicial district No. 1 of the judicial district in which the Verkh-Isetsky district court of Yekaterinburg, Sverdlovsk region was created (magistrates)
2. Verkh-Isetsky District Court of Yekaterinburg (district court)
3. Sverdlovsk Regional Court (court of a constituent entity of the Russian Federation)
4. Supreme Court of the Russian Federation

The distribution of cases among courts in the vertical plane depends on the complexity of the case (category of the case).

Procedure for challenging a decision

A decision in absentia is made if the defendant does not come to the trial and does not indicate the presence of compelling reasons. However, it may later turn out that the defendant had reasons for not appearing. It is necessary to provide the court with their confirmation.

Procedure for canceling a default decision of a magistrate judge:

1. The defendant sends a statement indicating the facts that would influence the court decision if the citizen were present at the trial in person.
2. The reasons for the physical absence of the defendant citizen are indicated.
3. It is necessary to refer to regulatory documents with references to laws and acts.
4. If the arguments are considered substantiated, the default judgment will be canceled and the proceedings will resume.

Cancellation of a decision is important if the deadline for appealing in cassation has already passed. The defendant in the application must ask the court to restore the time period for appeal (if necessary in the future).

Those applications from citizens that indicate compelling reasons for missing a meeting are considered. If a citizen receives a subpoena after a meeting, the date and time of delivery is indicated on it. Then the reason is considered valid.

We invite you to read: Petition to terminate the proceedings

In addition to cancellation, the law provides for the possibility of appealing a decision in absentia.

The defendant party can take advantage of this opportunity if he knew about the meeting, received a summons, but did not come to the trial in person. He did not report any significant reasons for his absence.

A copy of the default judgment is sent to the defendant party no later than three days from the date of adoption. The document is served with notification. The spine is sent to the office.

Over the next seven days, the defendant party has the right to send a written application to cancel the default judgment.

The statement states:

• the name of the judicial authority that made the decision in absentia;
• Full name of the applicant;
• reasons for absence from the trial with a list of supporting documents;
• request to cancel the default judgment.

The office is provided with as many copies of documents as there are parties involved in the process. The court, based on the documents provided, has the right to cancel the decision or refuse the applicant.

If a refusal is received, the defendant will be able to file a cassation appeal within a ten-day period. The document indicates supporting facts and documents.

Sample application for cancellation of a default judgment.

Justices of the peace are assigned to the general jurisdiction of the constituent entities of the Russian Federation. They are part of the court system, just like the federal courts. The magistrate hears only cases of first instance.

You can view the decision on the portal of the Unified Register of Judicial Decisions by selecting the district, category and stage of proceedings, on the website of judicial and regulatory acts of the Russian Federation, and the RosPravosudie portal.

An important nuance when challenging a decision of a magistrate is that the appeal must be filed with the district court (please keep this in mind so as not to miss the deadline for appealing).

Also, the standard appeal procedure for the parties to the trial, in most cases, is no more than 10 days.

What claims does the magistrate consider?

Justices of the peace are divided into sections. You can determine the area of ​​activity of the justice of the peace using their website or call the court directly. This information is also available at the stands of the magistrate court.

The magistrate considers the following applications:

• about issuing a court order. At the same time, regardless of the amount collected.
• on divorce in the absence of a dispute about the place of residence of joint children.
• on the division of jointly acquired property, if the total price of the property does not exceed fifty thousand rubles.
• property disputes, if the total cost of the claim does not exceed fifty thousand rubles.
• applications to determine the procedure for using property (disputes about the use of a motor vehicle, residential premises and other property that is jointly owned).

Cases on determining the procedure for using property

The magistrate has jurisdiction over cases on determining the procedure for using property (clause 7, part 1, article 23 of the Code of Civil Procedure of the Russian Federation). The commented Civil Procedure Code set out the rules on the jurisdiction of magistrates in cases related to disputes about determining the procedure for using property in a more general form than before, and expanded it somewhat.

Now the jurisdiction of magistrates includes all cases regarding disputes regarding the determination of the procedure for the use of any property, both real and movable (land plots, buildings, residential premises, cars, etc.), between persons who have the right to use this property (co-owners , parties to the lease agreement, etc.).

The size of land plots, buildings and other property, as well as their value, do not matter for deciding the issue of attributing these cases to the jurisdiction of the magistrate.

If a dispute about determining the procedure for using property (for example, a house) is connected with a dispute about the ownership of it (recognition of the right to a share in common property, allocation of a share, etc.), then it is within the jurisdiction of the magistrate, depending on the cost of the claim ( clause 5, part 1, article 23 of the Code of Civil Procedure of the Russian Federation).

The owner of real estate (land, other real estate) has the right to demand from the owner of a neighboring land plot, and, if necessary, from the owner of another land plot (adjacent plot), to grant the right to limited use of the neighboring plot (easement).

An easement is established by agreement between the person requiring the establishment of an easement and the owner of the neighboring plot and is subject to registration in the manner established for the registration of rights to real estate. If no agreement is reached on the establishment or conditions of the easement, the dispute is resolved by the court at the claim of the person demanding the establishment of the easement (clause 3 of the same article).

The question arises: which court has jurisdiction over disputes regarding the establishment of easements? These cases do not fall within the scope of clause 7, part 1, art. 23.

This paragraph refers to cases on determining the procedure for the use of property between persons who have (by virtue of law, agreement or other circumstances with which the law - Article 8 of the Civil Code - connects the emergence of civil rights and obligations) the right to this property, provided that this right is not disputed in this case.

In cases involving disputes over the establishment of an easement, the dispute takes place not about the procedure for using the property to which the plaintiff has the right, but about the right to someone else’s property. Consequently, cases regarding the establishment of easements are not within the jurisdiction of magistrates.

What types of claims does the district court hear?

District courts operate within city districts. The name of such courts corresponds to the name of the region.

The Federal District Court considers the following applications:

• to challenge or establish paternity
• on deprivation or restriction of parental rights
• disputes about children, including adoption.
• on declaring the marriage invalid.
• inheritance matters.
• arising from intellectual activity.
• labor disputes.
• property disputes with a claim value of more than fifty thousand rubles
• The list of disputes considered by district court judges is not exhaustive. Cases that are not within the jurisdiction of other courts (magistrate judge, court of a constituent entity of the Russian Federation, Supreme Court of the Russian Federation) are also subject to consideration in the district court.

USEFUL: watch the VIDEO on the topic of how to draw up a statement of claim and ask your question to a lawyer in the comments to the video on the YouTube channel

Additional commentary to Art. 23 Code of Civil Procedure of the Russian Federation

Jurisdiction in civil procedural law is understood as an institution (a set of legal norms) regulating the attribution of civil cases subordinate to courts of general jurisdiction to the jurisdiction of specific courts of the judicial system of the Russian Federation for consideration at first instance.

In accordance with the Federal Constitutional Law “On the Judicial System of the Russian Federation,” the system of courts of general jurisdiction is formed by federal courts and magistrates of the constituent entities of the Russian Federation.

The system of federal courts of general jurisdiction consists of three links: district courts - the supreme courts of the republics, regional, regional courts, courts of federal cities, courts of the autonomous region and autonomous districts - the Supreme Court of the Russian Federation. The system of federal courts of general jurisdiction also includes military courts created on a territorial basis at the location of troops and fleets. Military courts of garrisons are equated to district courts, and fleets and districts are equated to regional and corresponding courts.

The importance of the institution of jurisdiction has increased with the adoption of the current Constitution of the Russian Federation, which, as one of the fundamental rights of a person and a citizen, enshrines the right to have his case considered in the court and by the judge to whose jurisdiction it is assigned by law.

This constitutional provision means that the rules of jurisdiction must be clearly enshrined in federal law. These rules cannot be established by the law of a constituent entity of the Russian Federation, since by virtue of Art. 71 of the Constitution of the Russian Federation, the judicial system and legal proceedings are under the exclusive jurisdiction of the Russian Federation. Violation of these rules, arbitrary change of jurisdiction of the case is grounds for reversal of the court decision.

Civil cases are considered at first instance either by magistrates, or federal district courts (garrison military courts), or supreme courts of republics, regional, regional courts, courts of federal cities, autonomous regions, autonomous districts (district, naval military courts), or the Supreme Court of the Russian Federation.

The jurisdiction of specific categories of civil cases by courts at a certain level of the judicial system is generic. The rules of patrimonial jurisdiction are contained in Art. Art. 23 - Code of Civil Procedure of the Russian Federation.

Another type of jurisdiction is territorial jurisdiction, the rules of which distribute civil cases between courts of the same level, i.e. between justices of the peace, between federal district courts, between the supreme courts of republics, regional, regional courts, courts of federal cities, autonomous regions, autonomous districts. The rules of territorial jurisdiction do not apply to the Supreme Court of the Russian Federation, since there is only one.

Territorial jurisdiction has several subtypes: general (Article Civil Procedure Code), alternative (Article Civil Procedure Code), exclusive (Article 30 Civil Procedure Code), contractual (Article Civil Procedure Code), jurisdiction for connection of cases (Article Civil Procedure Code).

In Art. 23 of the Code of Civil Procedure of the Russian Federation in its current version lists the cases within the jurisdiction of the magistrate. This article reproduces, with some editorial clarifications, the provisions of Art. 3 of the Federal Law “On Justices of the Peace in the Russian Federation”.

In accordance with clause 1, part 1, art. 23 of the Code of Civil Procedure of the Russian Federation, the magistrate has jurisdiction over cases of issuing a court order. Regulations ch. 11 of the Code do not bind the possibility of issuing a court order for those listed in Art. 122 of the Code of Civil Procedure requirements with their size, in contrast to the requirements for property disputes specified in paragraph 5 of Part 1 of Art. 23 of the Code of Civil Procedure of the Russian Federation, cases in which are considered and resolved in a lawsuit and are subject to the jurisdiction of magistrates, provided that their amount (price of the claim) does not exceed 50,000 rubles established by law at the time of filing the application.

This is explained by the fact that a court order can be issued and issued to the claimant only upon request, which, when the application is submitted, does not indicate the existence of a dispute about the right and does not raise objections from the debtor (Clause 4, Part 1, Article 125, Article 130). Therefore, the size of the requirements for deciding the possibility of issuing a court order does not matter.

Consequently, if the magistrate receives an application for a court order to collect a sum of money exceeding 50,000 rubles established by law at the time of filing the application, for example, on a demand based on a notarized transaction, then - in the absence of grounds for refusing to accept the application to issue a court order, the magistrate issues a court order.

From clause 2 - 4 parts 1 tbsp. 23 of the Code of Civil Procedure of the Russian Federation in the current version, it follows that the magistrate has jurisdiction over all cases arising from family legal relations, except for cases on disputes about children (regardless of whether it is considered together with a claim for divorce or separately), on challenging paternity ( maternity), on establishing paternity, on deprivation of parental rights, on the adoption of a child.

Magistrates do not have jurisdiction over cases involving disputes between parents about determining the order of communication with children, about restoration of parental rights, about the cancellation of adoption, since these cases affect the rights and legitimate interests of minors and, therefore, these cases fall under the concept of “disputes about children”, excluded by clause 2, part 1, art. 23 of the Code of Civil Procedure of the Russian Federation from the jurisdiction of magistrates.

All other cases of property disputes (except for cases arising from family and inheritance legal relations) are within the jurisdiction of the magistrate, provided that the cost of the claim does not exceed 50,000 rubles established by law at the time of filing the application (Clause 5, Part 1, Article 23 of the Code of Civil Procedure of the Russian Federation ).

What cases does the regional court hear?

Regional courts extend their coverage throughout the territory of the subject of the federation (region, territory, republic, etc.) in which they are located. Their name follows from the name of the subject of Russia.

The Sverdlovsk Regional Court considers the following cases:

• about state secrets.
• on the liquidation of political parties
• on the liquidation of a religious association
• on the liquidation of the media
• on challenging normative and non-normative legal acts of public authorities
• other cases referred by federal law to the competence of the court of a constituent entity of the Russian Federation.

Cases under consideration

The Magistrate's Court is an integral element of the judicial system, acting as its initial link. Some citizens mistakenly separate the two concepts of magistrate and magistrate court, although they are the same thing. Their work is regulated by:

1. Constitution of the Russian Federation;
2. Federal Law on the judicial system;
3. regulatory legal acts of the constituent entities of the Russian Federation.

Each justice of the peace is assigned a site within his jurisdiction. The average number of citizens registered on it is no more than 23,000 people. For sparsely populated areas, the number of residents allowed is less than the established lower limit of 15,000 citizens.

The Magistrates' Court, like other structures of the judicial system, are independent from other departments. A similar norm is laid down in the Constitution of the Russian Federation. Justices of the peace are appointed by government representatives. The decision on termination of powers is made by a panel of judges. The decisions made by the magistrate can be appealed to a higher authority, which in this case is the district court.

When is a claim filed at the location of the defendant?

The general rule when filing a claim in court is that plaintiffs file claims in the court that has jurisdiction over the territory of the defendant’s place of residence or location.

For example, the defendant lives in the Kirovsky district of Yekaterinburg; accordingly, a claim against him must be filed in the Kirovsky district court of Yekaterinburg. If the dispute is subject to consideration by a magistrate, then it is necessary to look at the territorial jurisdiction of the magistrates of the given area.

ATTENTION: if the plaintiff does not know where the defendant lives or the latter does not live on the territory of the Russian Federation, in this case the claim can be brought to the court at the place where the defendant’s property is located or to the court at the place where the defendant lived and which is known to the plaintiff.

However, there are exceptions to this rule of jurisdiction, which we will consider in the following sections.

Types of judicial disputes within the competence of magistrates

In most cases, magistrates deal with court cases regarding divorce, division of property (if a marriage contract has not been drawn up), and everything related to violation of traffic rules is also within their powers. Below we will look at these disputes in more detail.

It is worth noting that criminal cases considered by the magistrate court are limited by the requirement where the term of imprisonment should not exceed 3 years, or the amount of monetary compensation is no more than 100 thousand rubles.

Civil cases

The powers of judges include the analysis of the following list of civil cases:

• cases of issuing court orders;
• cases of divorce of spouses, provided that the spouses do not share children as part of this legal dispute;
• cases on the division of common property of spouses, provided that the cost of the claim in this dispute is less than 100 thousand rubles;
• other disputes relating to family legal relations, excluding cases of challenging, establishing or establishing paternity (maternity), deprivation of parental rights, as well as the adoption of children;
• cases not exceeding the value of the claim of 100 thousand rubles, in relation to property (except for inheritance cases) that appeared as a result of intellectual activity;
• cases arising within the framework of labor relations, excluding cases of reinstatement and consideration of collective labor disputes;
• cases to determine the procedure for using property.

In addition to the list indicated above, disputes arising from the “Consumer Rights Protection Law” fall under the jurisdiction of magistrates.

Example No. 1: Let’s imagine that Puikin V.V. purchased construction materials (for example, sidewalk curbs), with delivery to the client, but after acceptance of the goods Puikin V.V. discovered that the supplied construction materials were of poor quality, which he reported to the seller, but the seller refused to replace the goods or return the money, in connection with this his rights as a consumer were violated, and he has the right to go to court.

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Example No. 2: Let’s imagine that G.V. Titova bought a refrigerator, but a defect was discovered in it (it does not freeze), and the store refused to accept the product back or replace it with a similar one.

All examples considered are subject to consideration in the magistrate’s court, provided that the cost of the property (goods) does not exceed 100 thousand rubles. In addition, a claim such as moral damages can be included in the statement of claim, and its amount is not limited by the rule above.

The nuances of administrative cases consist in the consideration of cases of violation of the law, in relation to the state or public order, usually in such cases, on the one hand, the defendant (citizen) acts, on the other hand, self-government bodies. The list of common violations is as follows:

• finding a citizen drunk in a public place;
• theft of someone else's property (petty theft only);
• violation of traffic rules (traffic rules);
• violation of the rules for carrying out business activities (trade).

Since many offenses fall into this category of cases and cannot be described in one article, let’s say that a magistrate can consider most administrative cases that are part of the Code of Administrative Offenses of the Russian Federation.

Criminal proceedings

Let us remind you once again that the magistrate’s court can consider criminal cases in which the maximum sentence is less than 3 years in prison (the nuances are described in Article 31 of the Code of Criminal Procedure of the Russian Federation). This list of offenses includes:

• intentional minor harm to health was caused (Article 115, part 1 and part 2);
• battery (Article 116, part 1 and part 2);
• torture (Article 117);
• serious harm to health was caused due to negligence (Article 118);
• This list also includes the following articles of the Criminal Procedure Code: Articles 119, 129, 130, 133.

Example No. 3: V.V. Nikitin was insulted and slandered by his neighbor on the landing, on the basis of Art. 129 and 130 of the Code of Criminal Procedure, he has the right to file a lawsuit against his neighbor so that justice will prevail and a fine will be imposed on the neighbor.

As for the terms of consideration of cases, this is in contrast to courts of general jurisdiction, where such a period is equal to two months. In the magistrate's court this period is equal to 1 month. In addition, the justice of the peace considers and makes a decision on it individually.

The parties may, by agreement among themselves, change the territorial jurisdiction for a given case before the court accepts it for its proceedings. At the same time, it is necessary to remember that it is impossible to change the exclusive jurisdiction of the parties by agreement, as well as the jurisdiction of cases of the Supreme Courts of the constituent entities of the Russian Federation and the Supreme Court of the Russian Federation.

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What category of cases are considered by magistrates?

The competence includes the consideration of claims of administrative, criminal and civil liability, if the imprisonment for the claim does not exceed three years, and the amount of the claim is no more than 100,000 rubles.

Civil proceedings:

1. Dissolution of marriage if there are no minor children in the family.
2. Issuance of a court order.
3. Division of property acquired during marriage. In this case, the cost of the claim should not be more than 100,000 rubles.
4. Other family cases, except for claims to challenge paternity or maternity, deprivation of parental rights and adoption of children.
5. Property disputes with a claim value of up to 100,000 rubles.
6. Labor cases, except for labor disputes and the restoration of the plaintiff to his previous job.

When the magistrate does not hear cases:

• if the cost of the claim exceeds 100,000 rubles;
• in criminal proceedings, the punishment is a term of imprisonment of more than three years;
• claims for division of property, the value of which exceeds 100,000 rubles;
• deprivation of parental rights and adoption of children;
• divorce cases when there are children in the family who have not reached the age of majority.

Is it possible to file a claim at the place of residence of the plaintiff?

Under certain conditions, the plaintiff can bring a claim in court at his place of residence. In what cases can a plaintiff do this?

1. If the plaintiff makes a claim for alimony;
2. If the plaintiff files a claim to establish paternity;
3. When filing a claim for divorce, if there are minors with the plaintiff, or the plaintiff’s health condition makes it difficult for him to travel to the defendant’s place of residence;
4. A claim related to compensation for damage caused by injury, other harm to health or as a result of the death of the breadwinner;
5. If the plaintiff goes to court with a claim regarding the restoration of pension and housing rights, the return of property or its value;
6. In the event of filing a claim in court for compensation for losses that were caused to a citizen due to an illegal conviction, criminal prosecution, as well as in connection with illegal detention, the choice of a preventive measure in the form of a recognizance not to leave, or an illegal administrative appointment punishment in the form of arrest;
7. A claim regarding the protection of the rights of the subject of personal data,
8. A lawsuit aimed at stopping the search engine operator from issuing links that allow access to information on the Internet;
9. If the plaintiff goes to court with a demand for restoration of labor rights;
10. On disputes regarding the protection of consumer rights.

Do magistrates have jurisdiction over cases of recovery of compensation for moral damage?

The jurisdiction of cases of compensation for moral damage arising from other legal relations is determined taking into account the nature of these legal relations.

As a general rule, compensation for moral damage is allowed in cases of violation of personal non-property rights or other intangible benefits, which include life and health, personal dignity, personal integrity, honor and good name, business reputation, privacy, personal and family secrets, the right of freedom movement, choice of place of stay and residence, the right to a name, the right of authorship, other personal (inalienable and non-transferable) non-property rights and other intangible benefits belonging to a citizen from birth or by force of law.

Cases on the protection of personal non-property rights and other intangible benefits are not specified in Art. 23 of the Code of Civil Procedure, therefore, cases of recovery of compensation for moral damage caused by the violation of these rights (benefits) are not within the jurisdiction of magistrates, unless claims for compensation for moral damage arise from cases within the jurisdiction of magistrates arising from family and labor relations (paragraphs 2 - 4, 6 part 1 of article 23 of the Code of Civil Procedure of the Russian Federation).

Compensation for moral damage in property relations, as follows from Art. Art. 3 and 151 of the Civil Code, is allowed only in cases provided for by federal laws.

Such a law is, for example, the Law of the Russian Federation “On the Protection of Consumer Rights”, in Art. 15 of which it is established that moral damage caused to the consumer as a result of violation by the manufacturer (performer, seller) of consumer rights provided for by the laws and legal acts of the Russian Federation regulating relations in the field of consumer protection is subject to compensation by the causer of harm if he is at fault.

The jurisdiction of cases in property disputes is determined according to the rule established in clause 5, part 1, art. 23 of the Code of Civil Procedure of the Russian Federation, depending on the value of the claim.

Taking into account this rule, the jurisdiction of cases on disputes arising from property relations, for which claims for compensation for moral damage are also presented, should be determined: if the price of the claim for a property claim does not exceed 50,000 rubles, then the case is within the jurisdiction of the magistrate, regardless of the amount of the required compensation for moral damage. harm, if exceeds - to the district court.

List of cases within the jurisdiction of the magistrate, specified in Art. 23 Code of Civil Procedure of the Russian Federation, non-exhaustive. It can be changed and supplemented either by making changes and additions to the commented article, or by adopting separate federal laws.

Filing a claim under exclusive jurisdiction

In cases involving exclusive jurisdiction, claims can only be filed in a specific court, namely:

1. if claims are related to rights to real estate or to the release of property from seizure, then they are filed in court at the place where the relevant property is located;
2. in the event of claims being brought by the testator's creditors when the heirs have not yet accepted the inheritance, they are subject to consideration by the court at the place where the inheritance was opened;
3. claims under transportation contracts brought against the carrier are filed in court at the carrier’s address;
4. if a claim is filed aimed at protecting the rights and interests of a group of persons, then it must be considered by the court at the address of the defendant.

Judicial practice to Art. 23 Code of Civil Procedure of the Russian Federation

Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 26, 2017 N 56 “On the application of legislation by courts when considering cases related to the collection of alimony”

1. The grounds for the emergence and termination of alimony obligations, as well as the list of persons entitled to alimony and persons obligated to pay them, the procedure for paying and collecting alimony and other relations related to the establishment and fulfillment of alimony obligations are regulated by the Family Code of the Russian Federation (section V).

In accordance with the provisions of the Family Code of the Russian Federation (hereinafter referred to as the RF IC), alimony is paid by agreement of the parties (Chapter 16 of the RF IC), and in the absence of an agreement on the payment of alimony, family members specified in articles 80 - 99 of the RF IC have the right to go to court with requirement for the collection of alimony (Article 106 of the RF IC).

When resolving the issue of patrimonial jurisdiction in cases related to the collection of alimony, one should be guided by the general rules established by Articles 23 and the Civil Procedure Code of the Russian Federation (hereinafter referred to as the Code of Civil Procedure of the Russian Federation).

By virtue of paragraphs 1 and 4 of part 1 of Article 23 of the Code of Civil Procedure of the Russian Federation, cases on the collection of alimony, as well as other cases on disputes related to the collection of alimony (for example, on changing the amount of alimony, on exemption from paying alimony, on the collection of penalties in connection with late payment alimony) are considered by the magistrate as a court of first instance.

If, simultaneously with a claim related to the collection of alimony within the jurisdiction of a magistrate, a claim within the jurisdiction of a district court is filed (for example, to establish paternity or maternity, to deprive parental rights or to limit parental rights), then such cases, in accordance with Part 3 of Article 23 of the Code of Civil Procedure of the Russian Federation are subject to consideration by the district court. The district court also considers, as a court of first instance, cases regarding claims for modification, termination or invalidation of an agreement on the payment of alimony.

Legal assistance in determining jurisdiction in Yekaterinburg

When determining which court to file a claim in, in our activities, during legal consultation, we have repeatedly encountered errors made when independently drawing up documents on the part of our Principals.

When filing a claim, it is necessary to identify a specific court that is competent to consider your application on a territorial basis. Our lawyer can give you the answer to the question of where to file a claim. All you need to do is call and schedule a consultation

It is important to treat the issue of jurisdiction responsibly, because there are deadlines for filing a claim, and if you miss it, it will be much more difficult to defend your right in court.