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p Under the Constitutions of the Union Republics and the Fundamentals of Legislation on the Judicial System of the USSR (Art. 25) the Supreme Court is the highest judicial body of a republic.

p The election of the court. The Supreme Court of a Union Republic is elected by the Supreme Soviet of that republic for a term of five years. This is done at its session by show of hands. The election of the Supreme Court by the supreme legislative organ of the republic is an important 121 guarantee of the independence of its judges. The numerical strength of the Supreme Court of a Union Republic is also established by the Supreme Soviet when it elects that court. In doing so it takes into consideration the volume of the work to be done, the need for rendering practical assistance to lower courts and other factors.

p The competence of the court. Within its competence the Supreme Court performs the following acts:

p a) it tries, as a court of first instance, civil and criminal cases over which it exercises its jurisdiction by law; it also has original jurisdiction over any case which is cognizable by a lower court if it is satisfied that the case merits its attention;

p b) it hears, by way of cassation, appeals and protests against judgements, decisions and riders which have been passed by all other courts that operate on the territory of the Union Republic but which have not come into legal force;

p c) it considers, by way of supervision, protests against judgements, decisions and riders passed by all courts of the republic unless they have been appealed against by way of cassation and have come into legal force;

p d) it gives the courts guiding instructions on the application of Republican laws.

p The composition of the court. The Supreme Court of a Union Republic consists of its chairman, vice-chairmen, members and people’s assessors. It forms from among these persons a division for civil cases, a division for criminal cases, a plenary session of the court and a Presidium of the Court. In addition it has its own working apparatus which consists of people who are not judges. The structure of this apparatus is determined by the Presidium of the Supreme Soviet of each Union Republic. Structurally these apparatuses differ from each other, for the pattern of each Supreme Court and its apparatus is largely dependent on the volume of its work, this being determined to a great extent by the numerical strength of the Republic’s population and by other factors. The Republican Supreme Courts have the following subsidiary departments: the statistics department, the appeals department, the department for the summing up of judicial practice, the department of systematisation and codification and also the court office, the economic and financial department, etc.

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p Judicial divisions. The respective divisions for criminal and civil cases are formed from among the court members. Every division is headed by its chairman, who is selected for this post by the Presidium of the Republican Supreme Soviet from among the court’s vice-chairmen or members and is approved by the latter. A motion on a candidature to this post is made by the Chairman of the Supreme Court.

p The chairman exercises general organisational guidance over his division, submits to the plenary session of the Supreme Court a report on the division’s activity and organises within his division panels of justices for hearing cases (each panel consists of three members of the court). He is entitled to preside over any sitting of the division that hears a case.

p To exercise original jurisdiction in civil and criminal cases is one of the chief duties discharged by the Supreme Court divisions. The current laws of each Union Republic state which cases may be tried by the Supreme Court divisions. But this question is regulated in various republics differently, for this depends on whether the Union Republic is divided into regions or not. In republics not divided into regions the most dangerous offences like premeditated murder, banditry, embezzlement on a large scale and others are dealt with by the Supreme Court divisions as courts of first instance. In those republics which are divided into regions, territories, and so on and, therefore, have the corresponding courts, the Supreme Court divisions hear only cases of particular complexity and those of especial public importance. The Supreme Court of a Union Republic may dispose of a case itself on the discretion of the court’s chairman or the recommendation of an appropriate procurator.

p The Republican Supreme Courts may withdraw any civil case from a district (town) people’s court and also from a regional, territory or other court equal in status and dispose of it, provided the trial of this case is of especial public importance, or the case has acquired especial complexity. In addition, the Supreme Court of the USSR may propose that a Republican Supreme Court deal with a civil case itself acting as a court of first instance.

p Another primary duty of Supreme Court divisions is to hear, by way of cassation, appeals and protests against the 123 judgements, decisions and riders passed by regional, territory or other courts equal in status and against the judgements, decisions and riders passed by district people’s courts in those Union Republics which are not divided into regions.

p Lastly, the Supreme Court divisions hear cases by way of supervision provided judgements, decisions and riders have not been appealed against within the terms of cassation and have come into legal force. Such judgements, decisions and riders may be protested against in the respective Supreme Court division by the Chairman of the Republican Supreme Court, the Republican procurator or their respective deputies.

p The court presidium. Presidiums have been set up in the Supreme Courts of all Union Republics save Byelorussia. The presidium includes the court chairman and vice-chairmen and some court members whose number is determined by the Presidium of the Republican Supreme Soviet. The membership of the Supreme Court’s Presidium is approved by the Presidium of the Republican Supreme Soviet on a motion proposed by the Supreme Court’s chairman.

p As a judicial body the Supreme Court Presidium hears only protests, made by way of supervision, against decisions, judgements and riders passed by the Republican Supreme Court divisions and also settles questions on the retrial of cases should new circumstances be discovered in respect of judgements handed down by the court divisions acting as courts of first instance.

p Protests against judgements, decisions and riders passed by the court divisions may be lodged by way of supervision with a Republican Supreme Court presidium by the Chairman of the USSR Supreme Court, the ProcuratorGeneral and their respective deputies, the Chairman of the Union Republican Supreme Court, the Procurator of a Union Republic and their respective deputies.

p Presidium decisions are taken by a simple majority vote. When the court presidium hears protests, its sitting must be attended by the Republican procurator who expresses his opinion on the merits of the protest under discussion.

p Supreme Court Plenary Session. This is the highest organ of the Republican Supreme Court and consists of its chairman, vice-chairmen and all court members. It is convened 124 not less than once every two or three months. A session is quorate provided it is attended by at least two-thirds of its membership. It must also be attended by the Republican procurator, who participates in deliberations and expresses his opinion regarding the questions at issue. The Republican Minister of Justice is invited to take part in the session. Plenary session decisions are taken by a simple majority vote of those present.

p The Supreme Court Plenary Session has extensive powers, its major function being to give guiding instructions on questions pertaining to the application of Republican laws in criminal and civil proceedings.

p The Plenary Session may issue guiding explanations also on a motion proposed by the Republican Minister of Justice or procurator. In this case the Minister or the procurator forward to the Supreme Court their representations in which they set forth the reasons and grounds for their proposals, and request that the Plenary Session give the courts instructions or clarifications. After a discussion on the proposals submitted, the Plenary Session passes an appropriate decision by voting.

p The Plenary Session of the Republican Supreme Court has the right to make representations to the Presidium of the Republican Supreme Soviet on questions to be settled legislatively and on matters concerning the interpretation of the laws in force.

p The court chairman. The Republican Supreme Court is headed by its chairman who is elected by the Republican Supreme Soviet together with the entire bench. His terms of reference are wide: he chairs court division sittings (or selects any court member for this purpose), lodges in statutory manner protests against judgements, decisions, riders and rulings handed down by all courts and judges of the Republic, and he may suspend the execution of a judgement, decision or rider against which a protest has been made. He convenes the Court’s Plenary Session, presides over its sittings and exercises organisational guidance over the court as a whole. In his absence the rights and duties of the court’s chairman are exercised by his vice-chairman.

p The law systematisation and codification departments of the Republican Supreme Courts take stock of current legislation and systematise judicial practice. All major court 125 decisions are entered on special card indexes, and every judge is thus enabled to receive a reference at any time and to discover what kinds of judgements, decisions and rulings have been made by higher courts on this score.

p Of great importance is the proper organisation of the reception room of the Republican Supreme Court. In applying to a court of law every Soviet citizen has the right to get an attentive hearing and receive an exhaustive explanation on the question he is interested in. The work of the reception room is organised in such a way as to enable one of the court’s judges to receive a resident of another town on the day he approaches the court and in case of necessity to enable the chairman of the Supreme Court or his deputies to receive him in two or three days.

p Attaching great importance to the reception of citizens, the presidium of the Republican Supreme Court receives periodical information and reports on the work of its reception room and on the handling of appeals and complaints in the court departments and divisions.

p The Republican Supreme Court has its own consultative scientific board. It is set up to strengthen the contacts between legal research institutes and to increase the participation of scientists in the discussion of questions that arise in judicial practice. This board consists of prominent jurists and experienced practitioners. Its membership is approved by the Plenary Session of the Republican Supreme Court.

Organisationally, the work of the Republican Supreme Courts is directed by the USSR Ministry of Justice.