What is the court of first instance
What is the court of first instance
Judicial system of the Russian Federationprovides for the consideration of cases on instances, which are determined in accordance with their functions: decision-making on the merits, verification of its validity and validity, revision by way of supervision. In civil, criminal and arbitral proceedings, the trial begins in the court of first instance.
The court of first instance is a court thatDuring the meeting he examines the evidence, establishes the facts and circumstances of the case, and takes a decision on it. In the criminal trial in the first instance, cases are considered with the aim of convicting or acquitting the defendant. In civil and arbitration proceedings, issues of satisfaction or refusal of a claim, its provenance or lack of evidence are resolved. Any court, including the highest levels of the judicial system, except for the Arbitration Appeals Courts and the Federal Arbitration Courts of the districts, can act as the first instance. Most civil and criminal cases are dealt with in the first instance by city and district courts, justices of the peace, and in the arbitration process - by arbitration courts of the subject of the Russian Federation. The most complex cases are dealt with essentially in the supreme courts of the subjects of the Federation (republics, territories, regions, etc.), and special cases may be brought to the Supreme Court of the Russian Federation. Criminal cases can be dealt with in the first instance in three versions of the judges: - one judge (federal or world), one judge and 12 jurors, and three federal judges. In most cases, the investigation of evidence and decision-making is carried out by one judge, but at the request of the accused, the court of first instance can be formed in a collegial In considering a civil case in the first instance, the court must hear the explanations of the parties and other persons participating in the case, the testimony of witnesses, expert opinions, and investigate written and material evidence. In the course of criminal proceedings in the first instance, the defendant, victims, witnesses and other participants in the process are questioned, physical examination and examination of written evidence are conducted, etc. In arbitration, the court examines the essence of an economic dispute or an illegal act of public authorities, examines written evidence and listens to the parties. As a result of the trial, a decision is taken in the first instance court on civil and arbitration cases, and in criminal cases - a verdict. In the course of the process, the court may issue rulings and resolutions. All decisions of the court of first instance can be appealed in cassation or appeal to a higher court.