p The administrative divisions—regions, territories, Autonomous Regions, National Areas and Autonomous Republics —have their respective courts. For purpose of convenience we shall designate them as “the courts of the middle echelon”, or “regional and other courts equal to them in status”. They occupy an intermediate position between district (town) people’s courts and the Supreme Court of the Union Republic.

p The election of courts. The election procedure for these courts is determined by the Constitutions of the Union Republics, the Fundamentals of Legislation on the Judicial System of the USSR and the laws on the Union Republic judicial systems. These courts are elected by sessions of the corresponding Soviets of regions, territories, Autonomous Regions, National Areas, and the Supreme Court of an 117 Autonomous Republic is elected by a session of its Supreme Soviet.

p In contradistinction to the election of district (town) people’s courts the election of the middle echelon courts is conducted not by secret ballot but by a show of hands at sessions held by regional, territory and other corresponding Soviets. The session elects a chairman of the court and his deputies in addition to court members and people’s assessors. Chairmen, vice-chairmen of the Supreme Court of an Autonomous Republic and members of this court are elected by a session of the respective Republican Supreme Soviet.

p The regional, territory and other courts equal in status are elected for a term of five years. The numerical strength of each court’s bench is determined by the corresponding Soviet or Autonomous Republic Supreme Soviet.

p The jurisdiction of courts. The above-mentioned courts act as courts of first instance by taking cognizance of some of the most intricate civil and criminal cases. They are also entitled to adjudicate any case which is cognizable by a district (town) people’s court and which has arisen in a region or territory.

p Every Union Republic compiles a list of crimes which are cognizable by regional, territory and other courts equal in status, but these crimes are, as a rule, highly dangerous offences like premeditated murder, rape, embezzlement on an especially large scale, larceny with aggravating circumstances and other similar criminal cases and also the most important civil cases which at the initiative of the court’s chairman or procurator may be adjudicated by a regional court.

p The Supreme Court of a republic may propose that a regional, territory or any other court equal in status takes cognizance of any civil case which the higher court deems it advisable to place within their jurisdiction.

p The regional, territory and other courts of equal status have the right to consider, by way of cassation, appeals and protests against judgements, decisions and riders passed by the district (town) courts. The procedural law establishes that judgements and decisions passed by the district (town) court come into legal force not at once but after the elapse of a certain period of time. Under the legislation of the Russian Federation, for instance, a sentence in a criminal case 118 takes legal effect after seven days and a decision in a civil case—after ten days. Within this period the persons concerned are entitled to lodge an appeal with a higher court by way of cassation and the procurator may issue a protest within the same time. Once an appeal or protest has been made by way of cassation the sentence or the decision is not executed prior to the consideration of this appeal or protest by the higher court. If, however, an appeal or protest is not made within the indicated period, the court’s judgement or decision automatically comes into legal force and is executed upon the expiry of the said term.

p The right to appeal against a judgement by way of cassation belongs to the convicted person, advocate, victim, plaintiff, respondent and their legitimate representatives; while the right to appeal against a decision in a civil case is enjoyed by the plaintiff, respondent or their representatives.

p The examination of a case in a supervisory capacity is still another important function of regional, territory and other courts equal in status. Experience has shown that a blunder made in a judgement or decision passed by a district people’s court may sometimes be brought to light during the examination by way of cassation. Moreover, the judges of a court of cassation may also commit mistakes. Since Soviet legislation requires that every criminal case and every civil dispute be dealt with in strict conformity with the law, the lawmaker has provided for the examination of cases by way of supervision in addition to examination by way of cassation.

p In practice the procedure of appealing against and reviewing cases means that the corresponding procurator or chairman of a higher court is entitled to submit his protest to the presidium of a regional, territory or other court equal in status, if he considers the respective judgement, decision or rider passed by a people’s court to be wrong or unlawful. But this procedure is exceptional and applies only to quite a small number of cases.

p The composition of the court. The regional, territory and other courts equal in status consist of their chairmen, deputy chairmen, court members and people’s assessors.

p All court members are distributed by the chairman according to divisions. The above-mentioned courts have two 119 divisions—a division for criminal cases and a division for civil cases—and also a court presidium.

p The court presidium includes its chairman, his deputies and several members, their number being determined by the executive committee of the relevant Soviet. The number of members of the Supreme Court of an Autonomous Republic is determined by the Presidium of the Supreme Soviet of that republic. The personal composition of the presidium of every court is also approved by the executive committee of the corresponding Soviet or by the Presidium of the Supreme Soviet of an Autonomous Republic. The motion on the personal membership of the presidium is submitted by the chairman of a corresponding court.

p Court divisions. Organisationally the work of court divisions is directed by the chairmen of the respective divisions. The candidate to the post of the chairman of a division is proposed by the chairman of a regional, territory or other court equal in status from among his deputies or court members, this candidate being approved by the executive committee of the corresponding Soviet or by the Presidium of the Supreme Soviet of an Autonomous Republic.

p The criminal and civil divisions are charged in the first place with the hearing of criminal and civil cases which by law are placed under the jurisdiction of courts of first instance. Of no less importance is their duty of hearing appeals or protests against decisions, judgements or riders of district (town) courts by way of cassation within the statutory terms.

p As courts of first instance, the above-mentioned divisions try cases in the presence of a presiding judge and two people’s assessors; while as courts of cassation, they hear appeals or protests against decisions and judgements of district (town) courts in the presence of three permanent judges.

p The decisions, judgements or riders passed by these divisions acting as courts of first instance may be appealed or protested against within the statutory term either with the criminal or with the civil division of the Supreme Court of a Union Republic as the case may be.

p The presidium of the court. In those instances when people’s courts have committed mistakes in their decisions, the courts sitting in cassation proceedings have not corrected 120 them, or when the case has not been considered by way of cassation, or when the court of cassation has made a mistake, the chairman of a regional, territory or other court equal in status, or the corresponding procurator of a region, territory, etc., may file a protest by way of supervision with the presidium of the regional or other court equal in status.

p Protests by way of supervision filed with the presidium of a regional or other court equal in status may also be made by the Procurator-General of the USSR, the Procurator of a Union Republic, the Chairman of the Supreme Court of a Union Republic and their deputies.

p The meetings of the court presidium must be attended by the respective procurator (of a region, territory, Autonomous Region, etc.). Decisions are taken by a simple majority vote of the members of the presidium who are present at the given meeting. The procurator informs the presidium of his opinion but does not take part in voting. The presidium’s meeting is considered competent if attended by more than half of its members, but in any case by not less than three judges.

p The presiding judge of a regional court. He has the right to chair sittings of court divisions. By law he also may lodge protests against judgements, decisions and riders passed by district (town) people’s courts, against their judges’ decisions on arraignment before the court and also against rulings adopted by court divisions by way of cassation.

Organisationally, the work of regional (territory) courts is guided by the Ministry of Justice of the respective Union Republic.