What Is The Difference Between A District Court And A Magistrate

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What Is The Difference Between A District Court And A Magistrate
What Is The Difference Between A District Court And A Magistrate

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Video: Difference between Judge and Magistrate | Indian Judiciary 2022, December
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The main difference between a district court and a world court lies in the competence of these bodies. The Magistrate Court considers property disputes with a claim price of no more than fifty thousand rubles, as well as a number of other categories of cases, and district courts resolve all other disputes.

What is the difference between a district court and a magistrate
What is the difference between a district court and a magistrate

In the judicial system of Russia, the first link is the magistrates' and district courts, the competence of which is strictly delimited. It is the categories of cases that these bodies can consider that are the main difference between them. Otherwise, the process of resolving civil disputes and considering criminal cases is almost identical, since the same procedural rules and norms apply to these judicial bodies. At the same time, the district and magistrates' courts cannot enter into disputes about competence, they simply have to resolve the issue of the possibility of considering each claim submitted to them.

Features of the competence of the magistrate court

Magistrates' courts consider strictly defined categories of cases that fall within their competence. One of the main restrictions when considering property disputes by these judicial authorities is the cost of the claim, which for a magistrate's court cannot exceed fifty thousand rubles. Even with a minimal excess of this value, the case is not subject to consideration in the magistrates' court. Moreover, if in the course of the consideration of the case the size of the claims rises and overcomes the specified limit, then the case should be referred to the district court. Among other cases referred to the jurisdiction of magistrates' courts, one should highlight disputes about divorce (in the absence of a dispute about children), disputes over the division of property between spouses (with a limit on the cost of a claim of fifty thousand), cases on the issuance of court orders and some other disputes …

Features of the competence of a district court

The competence of district courts in procedural legislation is determined by the residual principle. This means that applicants must apply to these courts with any claim that does not fall under the categories of cases within the jurisdiction of the magistrate's court. In fact, the district courts consider the overwhelming majority of cases, and also act as an appellate instance in relation to justices of the peace. In other words, it is to the district courts that decisions made by the magistrates' courts, which the parties consider unlawful, should be appealed. In addition, district courts are federal, and world courts are financed from the budget of a particular subject of our country, which is also a significant difference between these bodies. To resolve the issue of which particular court should be applied to, an ordinary applicant just needs to compare his own claim with the list of cases considered by the magistrates' courts. If the planned claim is not included in this list, then a claim should be filed with the district court.

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