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Litigation Attorneys in Russia

Litigation Attorneys in Russia

Updated on Wednesday 15th February 2017

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What are the types of courts in Russia?

There are several courts in Russia:

  • - the Constitutional Court,
  • - the Supreme Court,
  • - the arbitration courts,
  • - the civil courts,
  • - the military tribunals.

 

The Constitutional Court is located in St. Petersburg and it has a major role in defending the Russian Constitution. It’s formed by 19 judges appointed by the Federation Council of Russia and it has a chairman and a deputy chairman. The Constitutional Court is divided into two chambers: one of them of 10 judges and the other of 9. The chairman and the deputy chairman are ruling these chambers. The judges are Russian citizens and they must be over the age of 40, have legal studies and must have been lawyers for more than 15 years. 

The Supreme Court of Russia is the highest instance ruling issues related to administrative, criminal and civil law. It is formed by judges nominated by the Russian president and appointed by the Federation Council. An appointed judge must be at least 35 years old, has legal studies and has been a lawyer for at least 10 years. The Supreme Court is divided into the Judicial Panel for Criminal Affairs, the Judicial Panel for Civil Affairs and the Judicial Panel for Military Affairs. Any appeals from this panel must be brought to the Cassation Panel.

The judicial system in Russia is also composed by federal appellate court, appellate courts, regional arbitration courts and more than 2,000 first instance courts. The Regional Arbitration Courts are subject to the Supreme Court of Arbitration.

For any legal issue, you may contact our lawyers in Russia who offer legal services for international clients.

 

What are the responsibilities of the courts in Russia?

The Constitutional Court in Russia has the role of defending the Russian Constitution. The powers of the Constitutional Court are listed in the Constitution.

The cases must be submitted to the Constitutional Court by the Russian president, by the government, by the State Duma, by the Federation Council of Russia, by the Supreme Court and by the Supreme Arbitration Court. The citizens are also allowed to apply a claim at the Constitutional Court, if the rights were violated by application of a certain law. The main litigations the Constitutional Court is dealing with are related to the constitutionality of certain laws and decrees. Two thirds of the judges must be in favor for a resolution to be approved.

The Supreme Court of Russia is considered the highest instance in the administrative, civil or criminal lawsuits. The main lawsuits conducted by the Supreme Court of Russia are related to the decrees of the president of Russia and the Russian government, the delegation of the legislation of the governmental agencies, cessation of the political parties, State Duma referendum or elections and challenging the actions of Central Electoral Commission of Russia during presidential elections. The federal judges may also conduct trials against the members of the State Duma and the Federation Council of Russia.

The first instance courts are handling the civil and criminal cases and have more than 2,000 locations across Russia.

There are also 30 federal appellate courts in Russia and more than 100 appellate courts responsible for the trials in different regions.

 

What are the responsibilities of the Arbitrary Court in Russia?

The Supreme Arbitration Court in Russia is the highest instance regarding the commercial issues. It also supervises the lower arbitration courts. It is formed by judges over 35 years old, who are Russian citizens with legal studies and at least 10 years of legal experience. It is ruled by the chairman along with deputies. The Supreme Arbitration Court may change a lower arbitration court’s decision, if it is considered that it didn’t follow the judicial practice.

 Legal assistance in litigation cases in Russia

Our Russian litigation attorneys offer assistance in the following:

  • -       divorce cases,
  • -       child custody and maintenance,
  • -       real estate litigation,
  • -       business disputes,
  • -       employment litigation,
  • -       intellectual property disputes.

 

How long does litigation in Russia take?

litigation process consists in a few basic steps that have to be accomplished before the sentence is pronounced. There is the pleading, the discovery, the pre-trial, the trial and then the sentence can be pronounced. If the sentence is considered unsatisfactory, then an appeal may be raised to the competent court. A litigation process in Russia depends on the complexity of the case and if the final sentence is accepted or not, therefore it can last from a few weeks to a few months.

 

If you need more information about the courts in Russia and the judicial system in this country, you may contact our law firm in Russia. We can also put you in contact with our affiliates in other countries, such as Malaysia and United Kingdom.

 

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