Institutions of military justice of the armed forces of the Russian federation.

• Author: Zolotukhin, Gennady

Russia is experiencing radical changes.

It is impossible to create a democratic state without a strong legal foundation based on commonly recognized principles and standards of international law. Additionally, the legal foundation must have a coordinated and effective system of state institutions to administer the law. A system of military courts, the Office of Military Prosecutor, and the Legal Service of AFRF carry out the legal responsibilities of the Armed Forces of the Russian Federation (AFRF).

1. RUSSIAN FEDERATION MILITARY COURTS: ORGANIZATION, AUTHORITY, PROCEDURE

   As with many other countries, power in the Russian Federation is divided between three branches of government: legislative, executive, and judicial. Dividing the power between the three branches strengthens the Constitution and, in turn, the credibility of the government itself. As to the judicial branch, Russian Federation judicial power is based on 10 of the Constitution and Federal Constitutional Law "On the Judicial System of the Russian Federation," collectively the RF Judicial System. The Judicial System is independent and acts separately from executive and legislative powers. Power within the RF Judicial System is executed by civil, constitutional, administrative and criminal trials.

   In executing this power, trials in the RF must be conducted according to provisions established by the Constitution and by law; "emergency" and other unconstitutional courts are prohibited. In these trials, participating parties meet as equal adversaries, with a competitive spirit, to execute justice. These principles carry over to our military courts, where issues or cases must be presented in front of a judge, jury, or people's arbitration assessors. No other bodies are authorized to conduct trials.

2. MILITARY COURTS

   Military Courts are included in the system of Federal Courts of General Jurisdiction along with federal and regional courts and courts of specialized jurisdiction. The courts are established where military units are located, and they are open to the public. The corresponding federal constitutional laws determine the particularities of their organization and activity during mobilization and wartime.

   Military courts conduct trials independently, subordinate only to the Constitution, constitutional laws and statutes. The judges in military courts are independent in dispensing justice; the Constitution, federal constitutional law and statute guarantee the judges' independence. It cannot be abrogated or diminished, and any interference with their activities is unacceptable and punishable by law.

   1. Jurisdiction

      Military courts administer justice in accordance with civil, administrative and criminal procedures. In hearing these cases, it is the responsibility and duty of military courts to ensure and protect: Individual rights and freedoms protected by law; Local government's rights and interests protected by law; Russian Federation rights and interests protected by the law, as well as interests of the RF constituents, federal jurisdictions and the constituents' public authorities. In protecting these rights, the following matters are justiciable at Military courts:

      1. Civil and administrative cases involving the protection of violated rights or freedoms, and AFRF servicemen's interests, protected by the law, from the action or forbearance of command or military authorities and their decisions. In these cases, Retired officers and civilians, who have undergone reserve military training, also have a right to appeal to a military court when their rights or freedoms have been violated. They can appeal the action or forbearance of the command or military authorities, and the decisions made while they were in service.

      2. Criminal cases in which servicemen, as well as retired officers, committed crimes during their term of service. Federal procedural laws set jurisdiction over criminal and administrative cases, committed by servicemen and retired officers. Crimes committed before active servicemen or reservists on military training enlisted are not within the military court's jurisdiction.

      3. Administrative cases in which servicemen violated the law. The military courts try appeals against the investigators and prosecutors who secured servicemen or prorogued their custodial terms as well as against the activities (inactivity) of prosecutors. Military courts also try cases and review matters concerned with the circumscriptions of privacy of correspondence, telephoning and residential security.

      The military courts located outside the RF have jurisdiction over all civil, administrative, and criminal cases which are to be pleaded by Federal Courts of general jurisdiction unless provided otherwise by an international treaty. Federal constitutional law determines trial procedure and cases within military courts' jurisdiction, during mobilization and in wartime.

   2. Military Courts Structure and Authorities

      Military courts are structured as follows:

      PRESIDIUM OF THE OF THE RUSSIAN FEDERATION SUPREME COURT

      CASSATION COLLEGIUM OF THE RUSSIAN FEDERATION SUPREME COURT

      MILITARY COLLEGIUM OF THE RUSSIAN FEDERATION SUPREME COURT

      DISTRICT (FLEET) MILITARY COURTS

      GARRISON MILITARY COURTS

      * Military courts can be established collaterally with the ARRF units and organizations located outside of Russian Federation territory.

      Presidium of the Russian Federation Supreme Court considers cases concerning verdicts, determinations and rulings of the Military Collegium of the RF Supreme Court and of military courts. The Cassation Collegium of the RF Supreme Court considers cases concerning complaints and protests over decisions, sentences, definitions and rules that were adopted by the Military Collegium in the first instance but are not yet in force.

   3. The Military Collegium

      1. Jurisdiction

         The Military Collegium works as part of the RE Supreme Court. District (fleet) military courts are inferior to the Military Collegium. The Military Collegium hears cases under its jurisdiction in the following procedure:

      1. First instance civil and administrative cases are investigated by an individual judge or by a board of three judges, and criminal cases are investigated by a board of three judges, by a judge with a board of jurors, or by a judge with assessors.

      2. Cases concerning complaints and protests over decisions, a board of three judges reviews sentences, definitions and rulings that were adopted by the Military Collegium in the first instance but failed to come into force.

      3. Cases concerning complaints and protests over decisions, sentences, definitions and rulings that came into force are investigated by a board of three judges.

         Besides hearing cases, the Military Collegium publishes an information bulletin for the military courts containing decisions of military courts on both civil and criminal cases, judicial case reviews, analytical data and military court statistics, and other materials.

         The Military Collegium considers in the first instance (1) cases disputing non-normative acts of the RE President, the RE Government, the Ministry of Defense, and acts of other federal bodies of executive power where military service is provided by law concerning rights and freedoms, protected by legislation, of military members and reservists undergoing military training and (2) criminal cases where military judges are accused, if the judge brings necessary petition, and cases of extra complexity or social meaning, if petition of the accused is available.

         The Military Collegium also hears complaints and protests over decisions, sentences, definitions and rules of District (fleet) military courts adopted in the first instance but are not yet in force; protests over decisions, sentences, definitions and rules of military courts that came into force; and new evidence concerning decisions and sentences of the Military Collegium, that came into force.

      2. Composition

         The members of the Military Collegium are a chairman, his deputy, chairmen of the benches, other judges of the RF Supreme Court, and Boards:

         CHAIRMAN

         DEPUTY

         CHAIRMEN OF THE BENCHES

         JUDGES

         Boards for civil and criminal cases (cases are investigated by an individual judge or by a board of three judges)

         The Chairman of the Military Collegium is the Vice-Chairman of RE Supreme Court. He is appointed by the Council of Federation of Federal Assembly of the RF, after nomination by the President of RF. The presidential nomination is based on the recommendation of the Chairman of the RE Supreme Court and the Judges of the Supreme Court high qualifying board. Duties of the Chairman of the Military Collegium, Deputy Chairman of the Military Collegium, and Chairman of the Board follow:

         1. Chairman of the Military Collegium

      1. Brings protests of the Military Collegium to the RE Supreme Court concerning decisions, sentences, definitions and rules that came into force;

      2. Brings protests of military courts to the Military Collegium and District (fleet) military courts concerning decisions, sentences, definitions and rules that came into force;

      3. Considers cases before the Military Collegium and presides over court sessions;

      4. Organizes Military Collegium activities;

      5. Decides whether cases should pass to another bench;

      6. Appoints, dismisses and controls the work of the Military Collegium staff, which is a part of the staff of the RE Supreme Court;

      7. Executes other powers provided by Federal Law and any responsibilities delegated by the Chairman of the RE Supreme Court.

         2. Deputy of the Chairman of the Military Collegium

      1. Considers cases before the Military Collegium and can preside over court sessions;

      2. Executes duties of the Chairman of the Military Collegium in his absence, except bringing protests;

      3. Executes other powers and the duties he is assigned by the Chairman of the RF Supreme Court and the Chairman of the Military Collegium;

         3. Chairman of the Board

      1. Organizes Board activities;

      2. Considers cases before the Board and...