Russia Law and Education

Law

State jurisdiction is divided into constitutional, arbitrage (also known as commercial or economic jurisdiction) and ordinary jurisdiction. In recent years, private arbitration has also become more and more important (Law on Arbitration Courts of 2002). The judicial system is set out in the Constitution and the Courts Constitution Act 1996. The courts, with the exception of the constitutional courts of the federal subjects, are federal courts; even the justices of the peace cannot be assigned to the federation.

The ordinary jurisdiction is responsible for criminal, civil and administrative matters. The relevant court structure consists of the Justices of the Peace, the Rajong Courts, the Supreme Court of the respective federal subject (which, contrary to the name, is a court of the Federation) and the Supreme Court of the Russian Federation. According to the 2002 Code of Civil Procedure, each instance consists of two instances; It depends on the status of the court of origin whether an appeal or a cassation procedure is carried out. The second instance is also a factual instance (i.e. not limited to a control of the application of the law). After legal force, a supervisory complaint can be submitted to the next higher court; the acceptance lies in the judicial mass. The public prosecutor’s office has a special function. It can take care of all matters in order to represent the interests of the state or of citizens who are incapable of doing so themselves. The Supreme Court of the Russian Federation is the supreme authority for ordinary jurisdiction as well as for military and other special jurisdictions; it can also issue standardized case law guidelines.

The tradition of arbitrage jurisdiction comes from the time of the planned economy; it was set up to deal with disputes between state-owned companies. So far, only companies, legal persons and entrepreneurs have been able to become parties to an arbitrage dispute, and since the introduction of the new arbitrage code (2002) for certain trade-related problems, even ordinary citizens. In the arbitrage jurisdiction there are the entrance, the appeal and the cassation authority; unlike in ordinary jurisdiction, the cassation instance here has the character of a pure legal review instance. In addition, a supervisory complaint to the Supreme Arbitration Court is possible. Civil and administrative disputes are negotiated.

There is no separate administrative jurisdiction. Most administrative law issues are dealt with in the context of civil justice, such as: B. Civil service disputes (according to the Civil Service Act of 2004) or complaints against the activities of administrative bodies (Act of 1993).

Most of the civil and commercial law regulations can be found in the Civil Code of the Russian Federation: in Part 1 of 1994 the regulations on the general part, legal persons, legal transactions, representation, deadlines, statute of limitations, property and other rights in rem as well as the general law of obligations; in the 2nd part of 1996 there are special law of obligations, tort law, enrichment law and intellectual property law; in the 3rd part of 2001 inheritance law and international private law. The matters regulated in the civil code are supplemented by a series of special laws on corporate, economic, foreign exchange and insolvency law. In addition to the Civil Code, the Family Code (1995), the Land Code (2001), the Labor Code (2001) and the Housing Code (2005) are independent codifications. Further important regulations can be found among others. in the Consumer Protection Act (1992), the Antimonopoly Act (1991) and the new Privatization Act (2001). The Russian Criminal Code dates from 1996, the Code of Criminal Procedure from 2001. The only administrative codification is the Code of Administrative Offenses (2001).

Education

At the beginning of the 1990s, the education system suffered considerable material and personnel losses due to large budget gaps in the course of the transformation process. This led to a significant deterioration in training. The Education Act of 1992 abolished the state’s monopoly on education and created the space for the emergence of new – private – types of schools, vocational schools and universities. With the »Law for the Modernization of the Education System« (2002), the state again exercised greater influence on education policy. In addition to realigning training to the needs of the economy and the labor market, the focus was on the qualitative (e.g. introduction of a nationwide uniform final examination for university entrance in 2010) and organizational coordination of the various institutions.

According to educationvv, attending kindergarten for a fee is not compulsory. Attending school is free of charge at the state educational institutions. There is a nine-year compulsory schooling from the 6th / 7th. Age. The school system is divided into a three to four-year primary and then a five-year lower secondary level, which ends with a final examination. The majority of the compulsory school graduates achieve a uniform Abitur in the subsequent two-year upper level. The newly introduced school types of grammar schools and lycees are attended by less than 10% of the pupils. Most of them start with grade 5 or 8 or 10 (Lyceen); they often cooperate with nearby universities. The private schools, which are usually very small and are subject to school fees, are only attended by a few students of a given year. The system of vocational training shows a considerable variety of parallel institutions with overlapping courses. In the vocational schools, the compulsory school graduates acquire vocational training at the lower qualification level in one to one and a half years. The Abitur can also be obtained at these schools if the training period is extended. The technical center as well as the institutions of the so-called middle technical school lead to a medium-level professional qualification, if the duration is three to four years. High school graduates complete a shortened training in both areas. Vocational training is increasingly taking place in the companies themselves. The uniform state examination introduced in 2010 is intended to improve the regulation of university access. that integrates the Abitur in the previously usual university entrance examination. Due to the expansion of the range of courses, especially in the subjects of economics, law and foreign languages, many of the previously closely specialized universities have acquired the status of universities. At the same time, an extensive network of private universities was created. There are currently around 1,100 universities, around half of which are state-run. The most prestigious are Moscow’s Lomonosov University (founded in 1775) and Saint Petersburg State University (founded in 1724). After Russia joined the EU’s so-called Bologna Process in 2003, the previous five or six-year diploma courses were replaced by the graded degrees Bachelor (4 years) and Master (2 years). The stricter review of the knowledge and qualifications imparted is intended to ensure nationwide compliance with state quality standards and exclude dubious courses. Due to the considerable increase in the budget for public financing of the state universities (2004-10, the expenditures rose by 4.5 times), the number of free study places has increased significantly. But it is still below 40%. In the medium term, at least parity should be achieved.

Russia Law and Education