That means art. 31 of the Code of Criminal Procedure?

Art. 31 CCP RF (current version) establishes jurisdiction in criminal cases. Normally, the compositions that belong to the jurisdiction of certain instances are fixed. The issue of assigning criminal materials to the competence of a particular judicial body is of great importance in the practice of considering crimes. This specifics should be taken into account when conducting pre-trial proceedings. Let us consider in more detail art. 31 of the Code of Criminal Procedure, which means - jurisdiction.

Part One and Two

In part 1 of Art. Article 31 of the Code of Criminal Procedure establishes the composition, which the magistrate examines. In particular, such criminal cases include crimes whose maximum sanctions are not more than 3 years in prison. In this case, the first part of Art. 31 The CCP establishes exceptions. These include the norms:

1. 171.1 (Parts 1, 3 and 5).
2. 177, 185, 195, 198, 253, 255, 257, 259, 262, 270, 271, 288, 289, 292, 297, 298.1, 207, 239, 243.1, 249, 328, 316, 108.
3. 191.1, 250, 251, 252, 254, 291, 294, 296, 303, 306, 309, 109, 175 and 174.1 (part 1,2).
4. 212, 256 (part 3).
5. 134-136, 107, 215, 215.1, 220, 216, 217.2, 217, 219, 220, 225, 228, 234.1, 235-238, 243, 243.2, 243.3, 247, 248, 301, 302, 307, 311, 322, 323, 327, 170, 170.2, 146-147, 193, 194, 199, 199.1, 200, 201.1, 202, 193.1, 178, 183, 263, 264, 266, 269, 272-274, 282.3, 285.1, 285.2, 286.1, 287, 290 and 171 (in the first parts).
6. 228.2, 327.1, 228.3, 204 and 234 (in parts 1 and 3).
7. 244 (part 2)
8. 293 (part 1 and 1.1)

The composition of these provisions of the Criminal Code are within the competence of other authorized instances. Part 2 of Art. 31 of the Code of Criminal Procedure establishes that the district court considers criminal materials for all the compositions except those specified in the previous and third parts.

Supreme instances

Courts of republics, regions and districts (autonomous including), territories, cities fed. Values, district (naval) military authorized bodies consider cases under articles:

1. 105 (part 2).
2. 228.1, 131 and 132 (in fifth parts).
3. 134 (Part 6).
4. 210, 229.1 (parts four).
5. 281 (part 3).
6. 277, 317, 357.

Exceptions from this part of Art. 31 of the Code of Criminal Procedure of the Russian Federation are compositions for which the maximum punishment in the form of life imprisonment (death penalty), and also stipulated in the norms:

1. 126 (in part three).
2. 211 (parts 1-3).
3. 212 (in part one).
4. 209, 227, 275, 276, 353-356, 278, 358, 279, 360.
5. 281, 359 (in the first and second parts).

Additionally

Part 3. Art. 31 of the Code of Criminal Procedure of the Russian Federation also includes criminal cases in the jurisdiction of the above instances:

1. In relation to the members of the Federation Council, deputies of the State Duma, a judge of the Constitutional Federal (general jurisdiction and arbitration), statutory (regional) courts upon their petition. It must be declared before the start of the proceedings.
2. In the materials of which there are information pertaining to state secrets.

Military courts

Garrison courts under art. Article 31 of the Code of Criminal Procedure of the Russian Federation deals with cases of all crimes committed by servicemen, as well as by citizens undergoing charges. Exceptions are the composition, jurisdiction of higher authorities. A district (naval) court examines cases referred to part three of Art. 31 of the Code of Criminal Procedure, if the subjects of the crime were servicemen and citizens staying at the training camps, as well as materials that were transferred to the authority in accordance with parts 4-7 of the 35th Code.

Moscow and North-Caucasian District Courts

Article 31 of the CCP RF refers to their case:

1. Specified parts of the third and sixth.
2. Foreseen in Art. 205, 205.1-205.5, 206 and part 4 of Art. 211.
3. The penalty for which is established in view of the aggravating circumstance fixed in item "p", part of the first rule 63 established in the Criminal Code.
4. Provided by articles 277-279 and 360.

Special Information

If materials about crimes committed by a group (organized and conspired, including) by the community are under the jurisdiction of a military court in respect of at least one accomplice, and the allocation of the case to the other actors of the act is impossible, the consideration is carried out by the appropriate military authority. The direction of a civil claim arising out of a criminal is determined by the jurisdiction of the latter. Authorized persons to proceedings outside the territory of Russia (stationed outside its territory), when reviewing materials in cases established by constitutional law, follow the provisions of the Criminal Procedure Code. A military, district court of the appropriate level shall, in the course of preliminary proceedings, take decisions provided for in Parts Two and Three of the Criminal Procedure Code.

Art. 31 of the Code of Criminal Procedure (with comments)

The jurisdiction of a criminal case is a complex of features, according to which the consideration of materials falls within the competence of one or other first-instance authority. Article 31 of the Code of Criminal Procedure is composed in such a way that it provides an accurate and exhaustive list of cases that are administered:

1. The justice of the peace.
2. Federal District Authority.
3. Court of the subject of the Russian Federation.
4. Russian Armed Forces.

The distribution of cases on jurisdiction is carried out "from the bottom up" according to the levels of courts of general jurisdiction. In this case, the norm refers to specific articles of the Criminal Code and their parts, which formulate the composition of crimes. In addition, another special criterion is added to the indicated trait. It consists in the availability in the materials of information falling under the category of state secrets. Such cases are subject to jurisdiction of subjects regardless of the subject sign.

Sixth part

In December 2009, part 6 of Art. 31 CCP was substantially updated. It currently defines the conduct of military courts of medium level. The position of part six can be stated as follows:

The district (naval) authorized body considers cases that are subject to regional, regional and equivalent civil instances of general jurisdiction if the accused are persons who at the time of the act were servicemen or undergo military training.

In addition, the law includes in the jurisdiction of these courts cases involving:

• Terrorist activity.
• Infringements on public safety.
• Capture of hostages.
• Public appeals or justifications of terrorism.
• Organizations of armed formations.
• Banditry.
• The loss of ships.
• Infringements on the constitutional system.
• Attacks or threats of violence against public or state figures.
• Violations of institutions under international protection, etc.

Peculiarities of jurisdiction

According to Art. 5 FZ, which enacts the Code of Criminal Procedure, in the constituent entities of the Russian Federation (republics, districts and oblasts (autonomous including), the regions) in which, at the time of the entry into force of the Code, the positions of magistrates were not approved, cases relating to their jurisdiction are examined Authorized persons of district instances. According to the general procedure, the proceedings are conducted solely in such cases. The system of military justice does not provide for the presence of justices of the peace. The cases of servicemen who, according to their subject-matter, belong to the competence of the latter, are considered in garrison instances. This is established in Art. 6 of the above-mentioned Federal Law on the enactment of the Criminal Procedure Code. The jurisdiction of military courts, unlike civil courts, is built not only in accordance with the subject, but also with a personal sign. In such cases, not only the very qualification of criminal conduct, but also the specific nature of the subject, is of significant legal significance. The subject feature plays a decisive role in the process of delimitation of jurisdiction between military garrison vessels, which act as the lowest level of the system, and naval (district) instances, which are at the middle level throughout the structure. According to the specified criterion, the materials that belong to the jurisdiction of the federal district bodies authorized to criminal proceedings will be the first to be judged.

Competence of military courts

The jurisdiction of these instances includes all crimes that are committed:

1. Servicemen - persons passing at the time of the act of service under a contract or conscription. This activity is considered a special type of state federal service, which is carried out by citizens in the Armed Forces of Russia and other troops and bodies listed in Art. 2 FZ, regulating military service.
2. Persons who are in the process of passing fees.
3. Citizens discharged from service in the ranks of troops and trained, if the acts were committed during these periods.

Normative fastening

In accordance with the Federal Law of December 29, 2010 (No. 433), part 7.1 of the article in question (supplemented directly by this Law) was to enter into force only from January 1, 2013. As lawyers noted at that time, there were no visible reasons for such a prolonged deferment. In this case, the norm is fixed as part 2.1 of Art. 7 of the Federal Law dated June 23, 1999, as amended by the FKZ No. 2, amending the Law on Military Courts in Russia. This act was already considered to have entered into force. This, in turn, means that it had at that time a legal effect and was subject to undoubted application and a provision identical to part 7.1 of the 31st article of the CCP. This is due to the fact that constitutional laws have an unconditional priority in relation to the usual federal norms in all respects.

Instances located outside the country

Their jurisdiction and features of cases are established in part eight of the article under consideration. Military courts stationed outside the country, deal with crimes committed by servicemen who are part of the Russian troops, their close relatives (family members). These instances consider the composition of acts, the subjects of which are also other citizens. However, in this case the crime must be committed in the territory in the criminal jurisdiction of the Russian Federation, or the guilty person was in the performance of his official duty, or encroached on the interests of the state.