Russian Court System

Constitutional Foundations and the 2014 Judicial Reform

The Russian court system is governed by the Constitution of the Russian Federation adopted by referendum on 12 December 1993 and by the Federal Constitutional Law on the Judicial System of the Russian Federation (No. 1-FKZ, 31 December 1996). The 1993 Constitution established the basic principles of judicial organization: the administration of justice exclusively by courts (Article 118), the independence of judges (Article 120), the irremovability of judges (Article 121), and the immunity of judges (Article 122). It also established the Constitutional Court and the Supreme Court as the highest judicial bodies.

A major structural reform occurred in 2014 when the Supreme Arbitration Court (Vysshiy Arbitrazhnyy Sud) was abolished and its functions were transferred to the Supreme Court of the Russian Federation. This merger, enacted through Law No. 2-FKZ of 5 February 2014 and effective from 6 August 2014, eliminated the long-standing bifurcation between the courts of general jurisdiction (handling civil, criminal, and administrative cases) and the arbitrazh courts (handling commercial and economic disputes). The reform was justified on grounds of legal uniformity, but critics argued it concentrated excessive power in a single judicial institution and undermined the specialized expertise that had developed in the arbitrazh system.

The current structure envisages three branches: the Constitutional Court; the Supreme Court; and the lower courts organized under the Supreme Court, including courts of general jurisdiction, arbitrazh courts, and military courts. The 2020 constitutional amendments strengthened the role of the Constitutional Court and introduced new provisions on judicial requirements.

The Constitutional Court of the Russian Federation

The Constitutional Court of the Russian Federation (Konstitutsionnyy Sud Rossiyskoy Federatsii) is the highest judicial body for constitutional review. Located in St Petersburg since 2008, the Court consists of 11 judges (reduced from 19 by the 2020 constitutional amendments). Judges are appointed by the Federation Council on the nomination of the President of the Russian Federation. The retirement age was 70, but the 2020 amendments raised it to 75 for judges appointed after the amendment’s entry into force, and allowed the President to prolong the tenure of judges who have reached the age limit.

The Court exercises several categories of jurisdiction. Abstract review (abstract norm control) allows the Court to examine the constitutionality of federal laws, normative acts of the President, the Federation Council, the State Duma, and the Government, as well as constitutions and laws of constituent entities of the Russian Federation. Proceedings may be initiated by the President, either house of the Federal Assembly, the Government, the Supreme Court, legislative and executive bodies of constituent entities, or one-fifth of the members of the Federation Council or deputies of the State Duma.

Concrete review (concrete norm control) arises from complaints by citizens and legal entities alleging that their constitutional rights and freedoms have been violated by a law applied in a particular case. Since 2010, the Constitutional Court may also examine the constitutionality of laws at the request of courts. A court that doubts the constitutionality of a law applicable in a pending case must suspend proceedings and refer the question to the Constitutional Court.

The Court also resolves disputes concerning competence between federal state bodies; between federal bodies and bodies of constituent entities; and between higher bodies of constituent entities. It interprets the Constitution upon the request of the President, the Federation Council, the State Duma, the Government, or legislative bodies of constituent entities. Since the 2020 amendments, the Constitutional Court has been authorized to review the constitutionality of draft federal laws before their adoption, and to assess whether international human rights bodies’ decisions are enforceable in Russia — a provision adopted in response to the European Court of Human Rights’ judgment in Markin v. Russia (2012).

The 2020 amendments also gave the Constitutional Court the power to determine whether a decision of an international court or international body is enforceable in Russia if it conflicts with the Constitution. In 2021, the Court exercised this power in relation to certain ECHR judgments concerning compensation for former owners of nationalized property and the recognition of same-sex partnerships.

The Supreme Court of the Russian Federation

The Supreme Court of the Russian Federation (Verkhovnyy Sud Rossiyskoy Federatsii) is the highest judicial body for civil, criminal, administrative, and commercial cases. Since the 2014 merger, it has exercised comprehensive jurisdiction over all non-constitutional matters. The Supreme Court sits in Moscow and is composed of the Plenum, the Presidium, the Judicial Collegium for Civil Cases, the Judicial Collegium for Criminal Cases, the Judicial Collegium for Administrative Cases, and the Judicial Collegium for Economic Disputes.

The Plenum of the Supreme Court is the highest internal body, consisting of all judges of the Supreme Court. It adopts resolutions providing guidance (raz’yasneniya) on questions of judicial practice. These resolutions are not formally binding but are universally followed by lower courts. The Plenum also exercises the right of legislative initiative and may refer questions of constitutionality to the Constitutional Court.

The Presidium of the Supreme Court hears cases through supervisory review (nadzor) — an extraordinary remedy for challenging final judgments. Supervisory review is available only when a judgment violates the rights and freedoms guaranteed by the European Convention on Human Rights or the Constitution, violates the rights and interests of an indefinite circle of persons, or when a plenum resolution requires uniform application. The Presidium also considers certain appeals against decisions of the Judicial Collegia in cassation proceedings.

The Judicial Collegia function as cassation courts for appeals against decisions of lower courts that have already entered into force, and hear appeals against decisions of the relevant collegia of the circuit (okrug) and appellate courts.

The Court Hierarchy: General Jurisdiction

Justices of the Peace

At the lowest level of the general jurisdiction hierarchy are justices of the peace (mirovye sudi). They handle minor criminal cases (punishable by up to three years’ imprisonment), certain civil cases (claims not exceeding 50,000 rubles), and administrative offences. Justices of the peace operate within judicial precincts (sudebnye uchastki) — each precinct covering a population of 15,000 to 23,000. They are appointed by the legislative body of the constituent entity on the recommendation of the president of the regional court, and serve terms of five years. A justice of the peace must have a higher legal education, at least five years of legal experience, and must pass a qualifying examination.

District Courts

District courts (rayonnye sudy) are the courts of first instance for the majority of civil and criminal cases. There are approximately 2,300 district courts in Russia. They also function as appellate courts for judgments of justices of the peace. District court judges hear criminal cases involving sentences of more than three years, civil cases exceeding the jurisdictional limit of justices of the peace, and family law matters including divorce and child custody.

Regional and Equivalent Courts

At the next level are the supreme courts of republics, regional courts (oblastnye sudy), territorial courts (kraevye sudy), and the courts of the federal cities of Moscow, St Petersburg, and Sevastopol. These courts hear appeals and cassation complaints against decisions of district courts and justices of the peace. They also exercise original jurisdiction over certain categories of cases, including cases involving state secrets and the most serious criminal offences such as murder under aggravating circumstances (when the regional court sits as a court of first instance with a jury). Since 2018, cassation courts of general jurisdiction (kassatsionnye sudy obshchey yurisdiktsii) and appellate courts of general jurisdiction (apellyatsionnye sudy obshchey yurisdiktsii) were established at the circuit level, five for cassation and five for appeal, sitting between the regional courts and the Supreme Court.

Military Courts

Military courts form a subsystem within the general jurisdiction courts. They hear cases involving military personnel, including criminal offences, civil claims, and administrative offences. The hierarchy consists of garrison military courts (garnizonnye voennye sudy), district (naval) military courts, and the Judicial Collegium for Military Personnel within the Supreme Court.

Arbitrazh Courts

Despite the 2014 merger, the arbitrazh court system continued as a specialized subsystem handling economic disputes. The hierarchy consists of arbitrazh courts of constituent entities (first instance), twenty-one arbitrazh appellate courts, nine arbitrazh courts of cassation (circuit courts), and the Judicial Collegium for Economic Disputes of the Supreme Court. The arbitrazh courts adjudicate disputes arising from entrepreneurial activity, including commercial contracts, corporate governance, bankruptcy, and intellectual property. Unlike general jurisdiction courts, arbitrazh courts use electronic filing and case management extensively.

Judicial Appointment and Qualification

The requirements for judicial office in Russia are prescribed by the Law on the Status of Judges (No. 3132-1, 26 June 1992). A candidate must hold a higher legal education from a state-accredited institution, have at least five years of legal experience, and pass a qualifying examination. Additional requirements include the absence of a criminal record and the absence of other citizenship.

Candidates apply to the qualification board (qualifikatsionnaya kollegiya sudey) of the relevant level, which examines their professional qualifications, conducts a background check, and makes a recommendation. For district court judges, the recommendation goes to the president of the regional court, who submits a nomination to the President of the Russian Federation. Presidential appointment is the formal mechanism; judges of district courts and above are appointed by presidential decree. Judges of the Supreme Court and the Constitutional Court are appointed by the Federation Council on presidential nomination.

Life tenure is granted to all federal judges after their initial appointment, which may be for a probationary period of three years. Since 2022, legislation requires that candidates for judicial office undergo additional professional retraining within one year of appointment.

Qualification Boards and Judicial Discipline

The qualification boards (qualifikatsionnye kollegii sudey) are self-governing bodies within the judiciary that handle judicial appointments, disciplinary proceedings, and the certification of judges for promotion. The High Qualification Board of Judges of the Russian Federation (Vysshaya Kvalifikatsionnaya Kollegiya Sudey) oversees the highest level. Qualification boards may impose disciplinary sanctions ranging from a warning to early termination of judicial powers for misconduct that diminishes the authority of the judiciary.

The Judicial Qualification Certification (attestation) system classifies judges into qualification classes — from the highest (first class) to the ninth class — with promotion depending on length of service and performance evaluations.

Judicial Independence and Practical Limitations

The Constitution of 1993 proclaims the independence of judges (Article 120) and provides that judges are subordinated only to the Constitution and federal law. In practice, the independence of the Russian judiciary has been subject to sustained criticism. The European Court of Human Rights has found structural violations of the right to a fair trial under Article 6 of the European Convention in cases involving political defendants, selective prosecution, and the lack of judicial impartiality in politically sensitive cases.

The 2018 pension reform raised the retirement age for judges from 60 (women) and 65 (men) to 63 and 68 respectively, phased in over several years. This reform was controversial within the judiciary, as it delayed access to enhanced judicial pensions that are substantially higher than ordinary state pensions.

The Russian judicial system processes approximately 15 million cases annually, making it one of the busiest judiciaries in the world. This caseload includes a high proportion of administrative offences prosecuted by state bodies. The system’s efficiency in handling routine cases coexists with significant concerns about its capacity to adjudicate disputes involving state interests, politically connected parties, or criticisms of state authorities.