Russia
The country was founded in the 12th century (Central Asia: Russia, 2014). Initially, it was dominated by the Mongols. However, its leadership managed to fight for independence from the surrounding principalities. Some portions of Europe and Asia were also captured by Russia during the 19th century. This led to the rapid territorial expansion. The country went through a long period of totalitarian rule. However, it eventually succeeded to legitimize its rule through democratic leadership. The Soviet Union was established on 30th December, 1922 while the proclamation of the Russian Empire took place on 22nd October 1721. The establishment of Tsardom of Muscovy was marked on 16th January 1547. National polls are held to elect political leaders into office. Russia attained its independence from the Soviet Union on the 24th day of August 1991.
The official language is Russian. It is spoken by over 96% of the population. In addition, 15-20% of Russians belong to the Russian Orthodox religion. The current estimated population stands at 142,470,272 while individuals aged between 25-54 years make up about 46% of the population. The country embraces the federation type of governance (Central Asia: Russia, 2014).
United Kingdom
The development of parliamentary democracy has been fast-tracked by the United Kingdom for some time now. The region rebuilt itself into a contemporary successful European nation during the second half of the 19th century. The Kingdom boasts itself as one of the founding members of both the Commonwealth and the North Atlantic Treaty Organization. It also holds a permanent membership to the United Nations Security Council. In terms of foreign policy, the United Kingdom pursues a global approach. This economic/political bloc is also a member of the European Union. In 1999, the United Kingdom established the Northern Ireland Assembly, the National Assembly for Whales and the Scottish parliament.
The current estimated population of the United Kingdom stands at 63,742,977. The largest segment of the population (41%) is within the age bracket of 25-54 years while those between 15 and 24 years make up about 12.6% of the total population. In terms of governance, both the commonwealth realm and the constitutional monarchy ideals are used. The legal system embraces the common law while the constitution is unwritten. The latter comprises of common law practice and statutes.
The Russian judicial system
There are two basic principles used to structure the Russian judicial system. In other words, appeals are allowed for sentences that have not been successfully executed at the lower judicial levels (The Russian Court System Overview, 2010). However, all appeal cases can only be appealed once. This implies that sentences and decisions made by higher courts are not appealable. Primary jurisdiction courts have also been put in place to preside over cases that emanate from criminal and civil proceedings. Besides, decisions and sentences from lower courts are arbitrated by higher courts and the court of appeal.
Russia has special courts that are largely charged with the process of handling complaints from unique cases. A case in point is the Constitutional Court. The mandates of this court are clearly described by the constitution. Specific roles are also played by the Higher Court of Arbitration especially when it comes to the execution of judicial authority in Russia.
The general courts in Russia handle close to 99 percent of all the criminal and civil offences. It is pertinent to mention that this classification of courts is found at the lowest level of the judiciary. They are also referred to as the people’s courts. Some of the roles played by the latter court system include passing decisions regarding property confiscation, presiding over complaints from unauthorized arrests and passing judgments on administrative offences.
Currently, there are over 2,500 lower level courts (also referred to as the people’s courts). A total of about 1300 judges preside over various types of courts. Some of the most difficult cases such as death sentences are presided over by the 85 courts found in the Krai region. The validity and the lawfulness of various sentences passed by other courts are also regulated by the special courts. In addition, unsuccessful decisions by other public courts are regulated by the special courts.
The Supreme Court is largely charged with the role of supervising the jurisdiction of lower courts in Russia since it is the highest court organ in the land. However, the court sits on special occasions especially when national interests are at stake. In particular, cases that are mentioned or heard in the first instance courts often require full participation of the Supreme Court in Russia. In most instances, a three-judge bench is constituted to act on behalf of the Supreme Court. The lower courts’ judicial decisions are studied by the Supreme Court at the plenary sessions. Thereafter, necessary resolutions and recommendations are adopted based on the hearings and content of the cases referred from the lower courts.
The United Kingdom’s judicial system
The Supreme Court is the most senior court organ in the United Kingdom. Its main ministerial duty is to discharge justice. It is crucial to mention that the United Kingdom’s judicial system spans across England and Whales, Northern Ireland, and Scotland. However, the transformation of the Scottish judicial system has been quite unique compared to the rest of the member territories in the UK. The Supreme Court also hears all appeal cases from the lower courts. This implies that it servers the functions of an appellate court because a court of appeal does not exist as a separate entity. However, Scotland is not under the confines of the Supreme Court in the United Kingdom (Judicial system of the United Kingdom, 2014).
There are three distinct divisions of the High Court of Justice in both Wales and England. Complex civil cases are heard by the three divisions. However, most of the civil cases are tried by the county courts. The Family, Queen’s Bench and Chancery are the three key divisions of the High Court.
In the event of gross criminal cases, the Crown Court has been put in place in order to preside over cases and offer the necessary guidance. Trial by jury is the most common approach used by the Crown Court when judging cases brought before it. In order to expedite its functions, the court sits in multiple locations within its area of jurisdiction.
Over 90% of all criminal cases that are heard for the first time in Wales and England are presided over by the magistrate courts. Whenever there is need to proceed with a high level of trial, the Crown Court is consulted. It is interesting to mention that quite a large number of magistrates are comprised of lay people who are also not remunerated (UK judicial system, 2014).
The judicial systems in Wales and England share several similarities with that of Northern Ireland. The latter has put in place its own court system namely the magistrates’ courts, county courts, Crown Court and the High Court. The courts in Wales and England serve the same purpose as those in Northern Ireland.
The final appellate court is the High Court in the judicial system of Scotland. All the complex and gross cases emanating from criminal offences are tried by the High Court. During the trial process, both a jury and a judge must be present. The court also accommodates sittings in diverse locations within its area of jurisdiction. The sheriff courts handle minor criminal cases under the guidance of a sheriff (Europe: United Kingdom, 2014).
The highest civil court in Scotland is the Court of Session. It is constitutionally mandated to act as a court of appeal for lower courts (such as the sheriff courts) and also preside over serious civil cases. If appeals are generated from this court, the UK’s Supreme Court then acts as the final destination or the appellate court for the cases at hand.
Similarities, differences, weaknesses and strengths
From the above analyses, it is evident that the judicial systems in both Russia and the United Kingdom portray a number of similarities and differences. To begin with, the judicial systems in both countries embrace appeal hearings for cases referred from the lower courts even though the structures of the appellate courts are slightly different from each other. Second, most of the criminal and civil cases of lower magnitudes are handled by the lower courts in both Russia and the United Kingdom. Appeals and serious criminal/civil cases are usually referred to higher courts. Third, both territories have put in place elaborate Supreme Courts that largely play the role of supervising the lower court systems. The latter courts also preside over special sittings and appeal cases whenever need arises.
On the other hand, the judicial system in United Kingdom is slightly fragmented because the regional bloc is subdivided into England and Whales, Northern Ireland, and Scotland. For example, Scotland has witnessed an independent judicial growth over the years contrary to the other member states of the UK. The independent working modality of the courts’ system in the United Kingdom is an apparent weakness because various pieces of legislations cannot be applied uniformly across the board. However, all of the four regions are under a common Supreme Court. In Russia, the judicial system is a single unified unit. The High Court in both Wales and England has been subdivided into three different units. However, the Higher Court of Arbitration in Russia is a single entity. The subdivision of the court is a major strength because the probability of cases being referred to the Supreme Court is significantly reduced.
Another distinct difference is visible in the nature of magistrates. While Russia employs and pays qualified magistrates, Crown Courts in England are mainly served by lay magistrates who are not paid. This stands out as one of the main weakness of the UK’s judicial system. The existence of plenary sessions in the Russian judicial system is a major strength because such sessions tend to minimize the possibilities of skewed judgments on appeal cases that are referred from the lower courts.
Conclusion
The judicial systems in both Russia and the United Kingdom are comprised of elaborate, hierarchal and well structured court organs that serve diverse functions in the delivery of justice. However, the fragmented nature of the UK’s judicial system stands out as the main weakness while the various divisions of the High Court are major strengths. Russia boasts of a lean judicial system even though the special courts tend to duplicate the roles played by the general courts.
References
Central Asia: Russia. (2014). Retrieved from
https://www.cia.gov/library/publications/the-world-factbook/geos/rs.html
Europe: United Kingdom. (2014). Retrieved from
https://www.cia.gov/library/publications/the-world-factbook/geos/uk.html
Judicial system of the United Kingdom. (2014). Retrieved from
http://www.commonwealthgovernance.org/countries/europe/united_kingdom /judicial-system/
The Russian Court System Overview. (2010). Retrieved from
http://www.ruscham.com/en/rossinfo/db/21.html
UK judicial system. (2014). Retrieved from
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