The powers of presidents of general jurisdiction courts in the Russian Federation

Since the powers of the office manager and the court administrator currently include both the selection of personnel and the organization of the paperwork, repair and construction issues, the maintenance of the automated computer equipment and safety and security systems, etc., such an official should be charged with the procurement duties, which are related to direct interaction with other organizations and institutions, the announcement and arrangement of the relevant tenders, auctions, and the subsequent signing of contracts.

Consequently, a position of professional manager, who is not a judge, should be offered in all general jurisdiction courts, with higher qualification requirements and the possibility of assigning the class ranks up to the State Adviser of the Russian Federation of the 3^rd class and the State Adviser of the Russian Federation of the 1^st class, depending on the relevant court level.

The classifications and characteristics of the powers of presidents of general jurisdiction courts demonstrate the extent of their rights and obligations under constitutional guarantees.

In our belief, improving the status of the court president and broadening the scope of his/her powers will reflect the expansion and sophistication of the duties of the president of a general jurisdiction court as a governing body of the court due to the complication of state and public life. In the framework of determining the competence of the internal management subjects, the powers of the judiciary bodies and the court administrator court should be fully secured. Because the court president is a universal and main governing body of the court, a list of his/her powers cannot be exhaustive.

The regularity in the formation of the court president competence is the securing of his/her powers through an open list with the clear boundaries of the competence of internal judicial management subjects and the legal forms of interactions between them and the court president. This pattern determines the procedure for distributing managerial powers, which allows promptly considering issues arising in the activities of the court.

As the judicial system develops, powers are distributed between the court president and the administrator (a professional manager, who is not a judge). In accordance with the partnership model, which allows you to quickly distribute the duties of organizing the work of the court, taking into account the peculiarities of each court, the exclusive competence of the president of a general jurisdiction court includes: addressing the issues related to legal proceedings, appointing and dismissing the court employees, encouraging and bringing them to responsibility. The administrator of the relevant general jurisdiction court (except for district and military garrison courts) is the head of the court apparatus responsible for all economic activity powers transferred from the court president. Joint competence means that the court president and the professional manager interact and coordinate, and it also involves other issues of managing the general jurisdiction court apparatus that are not limited to their exclusive responsibilities.

The key powers of the court president, defining his position as the court governing body, are: to guide the court in ensuring the effectiveness of judicial administration and the unity of judicial practice by interacting with judges, in accordance with the principle of primus inter pares (first among equals), to manage the court apparatus activities, to represent the court. The nonprocedural powers of the court president determine the need to regulate the workload for considering the cases, which should be controlled by a collegial body (for example, a council of judges of a constituent entity of the Russian Federation), according to the volume of management tasks and participation in the judicial bodies' activities.

Today, new duties and legal forms of interaction between the president of a general jurisdiction court and the judiciary bodies have appeared: 1) the duty of considering an advisory opinion of the court self-administration bodies (general assemblies of judges) when making organizational decisions, namely on the specialization of judges, their distribution by judicial composition, changes in the structure of the court apparatus, allocation of resources, setting out of the court working conditions; 2) the duty of attributing measures to verify appeals of citizens and legal entities to the competence of the judiciary bodies.

The optimal ways to implement the administrative function based on the distribution of powers between the court president and the administrator, a professional manager, who is not a judge, are: 1) the institutionalization of the court administrator as the head of the general jurisdiction court apparatus (except for district and military garrison courts) with subordination to the court president; 2) the limitation the administrator competence to a range of the everyday administrative and economic issues determined by law and categorized on similar grounds (clusters of powers); 3) the limitation of the court president competence to resolving the issues of legal proceedings and personnel management (appointment and dismissal of employees of the court apparatus, their encouragement and bringing to responsibility, distribution of duties). In addition to the exclusive responsibilities of the court president, the administrator exercises his/her powers independently and/or in agreement with the court president (partnership model), which helps distribute duties effectively, taking into account the peculiarities of a particular court. This model entails the transfer of all economic powers from the presidents of regional, cassation, appeal and military courts to the administrators, i.e. the heads of the court apparatus.

References

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6. Makarova, Oksana V. 2017. «Institute of Court Chairmen as an Element of the Organization of General Jurisdiction Court Activity». Zhurnal rossiiskogo prava 6 (246): 168-176. https://doi.org/10.12737/ article_59240c62cb60a4.84688849 (In Russian)

7. Panchenko, Anastasiia I. 2016. «About the formation of the composition of the court for a particular civil case and powers of the court chairman (deputy chairman) to transfer the case to another judge». Za - kony Rossii: opyt, analiz, praktika 3: 85-92. (In Russian)

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