The judicial system of the Russian Federation provides for the consideration of cases by instances, which are determined in accordance with their functions: decision-making on the merits of the case, verification of its legality and validity, review by way of supervision. In civil, criminal and arbitration proceedings, the consideration of cases begins in the court of first instance.
The court of first instance is a court that examines evidence during the session, establishes the facts and circumstances of the case, and makes a decision on it. In criminal proceedings, in the first instance, cases are considered with the aim of condemning or acquitting the defendant. In civil and arbitration proceedings, issues of satisfaction or refusal of a claim, its proof or lack of proof are resolved.
The first instance can be any court, including the highest levels of the judicial system, with the exception of the Arbitration Courts of Appeal and the Federal Arbitration Courts of the Circuit. Most civil and criminal cases are dealt with in the first instance by city and district courts, justices of the peace, and in arbitration proceedings - by the arbitration courts of a constituent entity of the Russian Federation. The most complex cases are considered on the merits in the supreme courts of the constituent entities of the Federation (republics, territories, regions, etc.), and special cases may fall into the proceedings of the Supreme Court of the Russian Federation.
Criminal cases can be tried at first instance in 3 versions of the composition of judges:
- one judge (federal or magistrate);
- one judge and 12 jurors;
- 3 federal judges.
In most cases, the examination of evidence and the adoption of a decision is carried out by one judge, but at the request of the accused, the court of first instance can be formed in a collegial form.
When considering a civil case in the first instance, the court is obliged to hear explanations of the parties and other persons participating in the case, testimony of witnesses, expert opinions, and examine written and material evidence. In the course of criminal proceedings in the first instance, the interrogation of the defendant, victims, witnesses and other participants in the process is carried out, the examination of material evidence and the study of written evidence, etc. are carried out. In the arbitration process, the court examines the essence of an economic dispute or an illegal act of state authorities, considers written evidence and hears explanations of the parties.
Based on the results of consideration in the court of first instance in civil and arbitration cases, a decision is made, and in criminal cases - a verdict. During the process, the court can issue rulings and orders. All decisions of the court of first instance can be appealed on cassation or appeal to a higher court.
