Court secretary: rights and obligations
Those who at least once had to attend the trial, know that quite a few officials take part in it, each of whom has his own specific responsibilities. But whatever question is considered, the court secretary must be present at the trial.
Who is he?
It is known that the following groups, as a rule, take part in any process:
1. Representatives of state bodies. This includes those who conduct the proceedings (judge, prosecutor and others).
2. The parties to the process, or its direct participants (claimant and defendant). If we are talking about a criminal case, then it is, accordingly, the victim and the accused.
3. Their representative and advocates.
4. Other subjects that help to implement justice.
It is to the last group of persons, in addition to experts and other specialists, that the court secretary belongs.His work is not as simple as it seems at first glance. Many people out of habit believe that the secretary is the one who answers the phone, conducts business correspondence and deals with the problems of the office. In this case, the employee of this profession has completely different tasks. In fact, he is the assistant judge.
Of course, the main thing that the court clerk must do is to keep a record. But in addition to this basic, he has other, equally important responsibilities. He must create all the conditions for the trial to take place according to all the rules.
Who are the secretaries?
To begin with, it should be noted that the people occupying this position are civil servants. But not everyone can claim it. There are certain approved standards and requirements for selecting a candidate. Firstly, the court secretary must be a specialist with a higher education in this field, since when he takes office, he receives the rank of lawyer of the 1st class. Secondly, before taking on a job, he is obliged to work in the civil service for at least three years. It is clear that yesterday's schoolboy (even with a gold medal) cannot count on it.The final decision on the employment of such an employee is taken only by the chairman of a particular court (district, district and others). The one who thinks that the secretary simply reproduces on paper everything that is voiced in the courtroom is mistaken. No, this is only part of his work. To fulfill it, he must know a lot:
- rules for the preparation of all documents of legal proceedings,
- rules of conduct for members of the court,
- rules for the use of various kinds of information
- possess certain professional skills
- own the main local acts of a particular judicial authority,
- know the rules of conduct of federal civil servants.
In addition, the secretary must clearly understand the essence of all sections of his instructions (regulations) and comply with all rules of internal labor regulations.
What should the secretary do in court?
The duties of the court clerk, as a rule, are set out in his job description, or regulations. It lists everything that a specialist is required to do while on the job. Summarizing a rather large list, there are several main areas:
1. Preparation of existing case materials for consideration.
2. Alerting the participants of the process about the meeting and ensuring their attendance. To do this, the secretary must send in time to all the agenda.
3. Participation in the meeting itself and the conduct of its protocol.
4. Registration of the case in accordance with the law.
5. Archiving of documents and transfer them to the office.
But these duties of the secretary of the court session are not limited.
In addition to all of the above, he sometimes must:
1. Execute the orders of some managers who have the appropriate authority to do so.
2. Ensure that during the meeting the rights and interests of the citizens who are present at it are not violated.
3. To keep secret everything that he becomes aware of during the investigation.
The secretary is obliged to provide full information about himself and his family members, as well as notify the court of any significant changes. The manual also contains a number of prohibitions regarding production activities, which must be taken into account while in public service.
The work of the court secretary can not be called prestigious or highly paid. Here we are talking more about work with irregular working hours and heavy physical activity associated with the design of a huge number of documents.And despite all this, the salary of the court clerk is low.
According to statistics, over the last year in Russia it ranged from 12,000 to 14,000 rubles. This is not as much as the workers themselves would like. Especially if you take into account the huge flow of information and the number of tasks that need to be carried out exactly on time. Such a profession does not tolerate approximation. This imposes additional responsibility on the employee. If in the conditions of industrial production an order or letter can be reprinted, then the destinies of people are decided here and the law is in effect. But even this fact has no effect on the welfare of court clerks. True, it is worth noting that the salary is significantly affected by the geographical location of the employer. For example, in Magadan and Kamchatka, the average salary of a secretary reaches 34,000 rubles, while in Yaroslavl it slightly exceeds 18,000 rubles. But there are few such vacancies. Basically, court clerks have to be content with little.
In the context of the district
For any case, the district court is the first instance. It is here that citizens, as well as representatives of legal entities, submit applications, and this or that decision is made here.All other courts (city, regional, republican, etc.) are the next step in the event that one of the parties remains dissatisfied with the decision taken. In each city there are as many ships as there are areas divided into its territory. Local judges conduct trials in civil and criminal cases, as well as administrative offenses.
They can make decisions both collectively and individually. It all depends on the case. The clerk of the district court is one of the members of the office staff of this unit. It performs all the same functions:
1. Calls to the meeting of the participants in the case and witnesses necessary for the proceedings.
2. Ensures that the court provides the necessary information about the cases under consideration.
3. Holds a detailed report during the hearing.
In fact, the secretary is an assistant judge, providing him all the conditions for work.
He is mistaken who considers it easy to work as a court clerk. Everything is much more complicated and not as rosy as it first seems. For a start, it is worth considering what kind of document flow passes through the hands of such an employee.And its task is to process this information in an appropriate manner, and to present it in the required form to the court.
It is this routine work and takes most of the time. In addition, the position of “Secretary of the court session” provides for the availability of qualifications of a certain level and direction. Therefore, some specialists receive additional education, studying by correspondence. After all, it is not enough just to write everything down on paper. One must also be able to state the information in a legal language, correctly applying the necessary terms. The essence of the document should be clear to both specialists and other participants in the process.
On top of that, such a profession provides for a certain psychological preparation of the worker. Indeed, during the meeting, a variety of cases are considered, among which horrible facts of violence and glaring injustice often emerge. The secretary at this time must maintain self-control and composure. Otherwise, emotions can interfere with the performance of direct duties.
Rights and Responsibilities
The usual instruction of the court clerk, in addition to the assigned duties, contains a list of certain rights of the employee.Here we have in mind not only the opportunity to receive a salary and take a well-deserved vacation. The secretary can with full confidence expect to provide him with:
1. Technical means necessary for work (telephone, computer, fax and others).
2. Access to documents that constitute a state secret (if there is a need for that).
3. Opportunities to apply to various authorities, whether they are state bodies or public organizations.
4. Request from other services the necessary information.
All this should provide a specialist the opportunity to perform their work at a high professional level. Otherwise, the leadership will have every reason to punish him for the improper performance of their duties. The secretary can also count on career growth and propose his candidacy for filling vacancies in this institution.