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courts of special jurisdiction

According to article 3 of the Constitution of the USA which have allocated the Congress by the right of establishment of vessels in territory of the United States [890], the Congress periodically founds not only courts of the general, but also courts of special jurisdiction.

Similar special courts in sphere of the judicial functions entrusted to their jurisdiction possess practically same powers, as usual courts. Judges of special vessels - federal judges who are for life appointed the US president with the consent of 2/3 senators [891] and can be discharged of execution of the duties only according to impeachment procedure.

The courts of special jurisdiction allocated with powers in sphere of the control over prospecting activity and prospecting services have appeared in the USA only last decades. So, in 1978, on the basis of the Law on supervision over foreign secret services [892], the Congress of the USA has founded the special court, authorised to give out judicial warrants on use of means of electronic supervision, carrying out of searches, zaderzhany, use operative and means for getting within territory of the United States of the information classified as "the external prospecting information" [893]. The court consists of 11 judges appointed the chairman of the Supreme Court from among federal regional judges. Thus appointed judges should represent at least 7 federal judicial circuits. Thus at least 3 judges from among appointed in the composition of the court should live not further than in 20 miles from federal district of Columbia [894].

In addition to the special court, authorised to give out judicial warrants on use of means of electronic supervision, on the basis of the Law on supervision over foreign secret services 1978 have been founded one more - special appeal court. This court consists of three judges, which chairman of the Supreme Court should appoint from among judges federal regional or appeal courts. The chairman of the Supreme Court of the USA should define one of three appointed judges as the chairman in court. The court problem consists in consideration of appeals on refusals mentioned above special court in delivery of judicial sanctions on use of means of electronic supervision, operating-technical means, carrying out of searches and zaderzhany [895].

In 1978, on the basis of the Law on ethics in the government [896] one more court of the special competence allocated including has been created

Powers in sphere of the control over prospecting departments. This court is special division of appeal court of Federal District of Columbia [897] and is authorised to appoint, on demand of the general attorney, "the independent public prosecutor" (independent counsel) for investigation and suppression of abusings of federal officials. The court is allocated, also, by functions of supervision of activity of independent public prosecutors appointed it. The composition of the court includes three federal judges appointed the chairman of the Supreme Court. And, only one of three judges can be the representative of District of Columbia [898]. Constitutionality of existence of special division of appeal court of Federal District of Columbia has been confirmed by the Supreme Court of the USA in 1988 [899].

The basic sphere of action of the given court is not directed directly on the control over prospecting services and their activity. However, all prospecting and counterprospecting departments of the USA are a component of the federal executive device, their employees - either military men, or the civil federal officials submitting (behind some withdrawals) to general rules of passage of public service. Hence, in case of revealing of infringements and abusings from officials of prospecting services the general attorney has the right to direct corresponding inquiry to court and to petition for appointment of "the independent public prosecutor". In a similar way "the independent public prosecutor" was appointed, for example, in connection with investigation of scandal Iran-counterexpert in which the high-ranking employees of Council of national safety and CIA [900] have been got mixed up.

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A source: Dundukov Michael Jurevich. INVESTIGATION In the MACHINERY OF GOVERNMENT of the USA (ISTORIKO-LEGAL ASPECT). The dissertation on competition of a scientific degree of the doctor of juridical science. Moscow 2014. 2014

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