On Introducing Changes And Additions Into The Law Of The Rsfsr "on The Judicial System Of The Rsfsr, The Code Of Criminal Procedure And Civil Procedure Of The Rsfsr

Original Language Title: О внесении изменений и дополнений в Закон РСФСР "О судоустройстве РСФСР", Уголовно-процессуальный и Гражданский процессуальный кодексы РСФСР

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102016440

Expired-the Federal Constitutional law on Sept. 2, N 1-FCL w and c o n RUSSIAN FEDERATION on amendments and additions to the RSFSR Law on the judicial system of the RSFSR, the code of criminal procedure and civil procedure of the RSFSR (as amended by the Federal law of 14.11.2002 N 137-FZ) to extend the terms of Office of judges at the sole consideration of certain categories of civil and criminal cases, the Supreme Council of the Russian Federation p o s t a n o v I l e t : make changes and additions in the following legislative acts of the Russian Federation: 1. Act of the RSFSR "on the judicial system of the RSFSR" (Gazette of the Supreme Soviet of the RSFSR, 1981, no. 28, p. 976) article 10 shall be amended as follows: "article 10. The composition of the Court in civil and criminal cases, collegiality in the Consideration of civil and criminal cases is carried out collectively or individually; in the Court of first instance judge involving lay judges or by a judge sitting alone.
The judicial bodies of the relevant courts of Cassation and supervisory review is carried out in the presence of three members of the Court.
The Presidency of the Court hears cases in the presence of a majority of the members of the Bureau.
2. The code of criminal procedure of the RSFSR (Gazette of the Supreme Soviet of the RSFSR, 1960, no. 40, p. 592; 1963, no. 15, p. 288; 1965, no. 50, art. 1243; 1966, no. 36, art. 1218; 1970, N 22, art. 442; 1971, no. 22, art. 432; 1972, N 26, art. 663; 1974, no. 29, art. 781; 1977, N 12, art. 257; 1983, no. 32, St. 1153, no. 37, art. 1334; 1984, N 5, art. 168; 1985, N 5, art. 163, no. 40, St. 1398; 1986, no. 23, art. 638; 1987, no. 27, art. 961, no. 36, art. 1295 N 43, St. 1501; 1988, N 2, art. 35, N 14, art. 396, # 48, art. 1529; 1989, N 16, art. 397, N 28, art. 739 N 37, art. 1074 N 50, art. 1478; 1990, no. 3, art. 79; 1991, no. 52, art. 1867 and St. 1868; 1992, N 5, art. 182): article 15 shall be amended as follows: ' article 15. The composition of the Court in criminal cases and collegiality in the administration of Justice in criminal proceedings the Court of first instance dealt with collectively or individually; peer review of cases is carried out by a court composed of a judge and two people's assessors.
People's assessors when administering justice, judges enjoy full rights. They are equal with presiding in court in all matters arising in the case and the judgement of conviction.
In cases stipulated by this code, the Court of first instance is exercised by a single judge in a general way.
Cases in cassation proceedings are carried out in the presence of three members of the Court, and oversight-consisting of at least three members of the Court. ";
in article 18 the second part, after the word "Court" add the words "or order of a judge";
in article 34, paragraph 1, after the words "military tribunals" to supplement the word "judges";
supplement article paragraph 5a) read as follows: "5A)" Presiding "judge presiding when peer case or hearing the case alone";
paragraph 12, after the words "judge alone" add the words ", except for the sentence";
Article 35 Supplement parts of second, third and fourth read: "judge alone shall hear cases concerning offences covered by articles 94, 96: parts 1 and 2, part of the first 97 98 part one, 112, 116, 122, paragraph 1, 123, 124, 124-127, 1 part one, part of the first 128, 130, 131, 135, 136, 138, 139, 139-140, paragraph 1, 1 part 1, 140-1 parts one and two , 141, 143, 149, paragraph 1, 154-1, 155, 156, 156, paragraph 1-1, 156-2 part 1, 156-158, paragraph 1, 4 part 1, 161, 162, paragraph 1, 162-163, 1 part 1, 164, 165, 166 part 1, 166-167, 1-1, 167-2 part 1, 168, 169, paragraph 1, 191-1 part one, 192, 192-193, 1 part 1, 194-1 part 1, the first and third parts 195, 196 part 3 , 197, 197-1, 198-1 parts of first and third, 199, 200, 200-1, 201-205, 205-206, 1 part 1, 207, 208, 208, paragraph 1-1 part 1, 211-212, paragraph 1, 1-1 part 1, part 214, 215 first part of the first part of the first 216, 217, 219, paragraph 1, 221, 223 part one, 223-1 parts first and fourth, 230-1 of the Criminal Code of the RSFSR.
With the consent of the accused, the judge alone also considers the offences referred to in articles: 89 paragraph 1, 93-94, paragraph 1, 1 part one, 2-94, 96, 97, paragraph 3 part two, 99, 100, 113, 115 parts 1 and 2, 115-116, 1 part two, 2-126, 127, 128 part 2 part 2, 129, 132, 133-1 part 1, 134, 139-140, paragraph 2 1, part 2, 140-1 part 3 144, part of the first part of the first 145, 147, paragraph 1, 150, 152, 152-1, 156-2 part 2, 156-4 part 2, 157, 158 in the second and third parts, 159, 160, 166, 167, paragraph 2 part 1, 167-2 part 2, 169 Second, 190-2, 190-3, 191, 193, 194 part 2, 194-1 part 2, 196, 198, paragraph 1-1 part 2, 198-208, 2 part 2, 208-1 part two , 210-211, 1 part one, 211-1 part 2, 212-1 part 2, 213-215, paragraph 1, 1-1 part 1, 217-1 part one, 220, 222, 223-1 part 2, 223-4 part one, 223-5 in the first, third and fifth parts 224, 224-225, 3-1 in the first, 2-226, 229, 230 of the Criminal Code of the RSFSR.
The case of the other crimes, as well as all cases involving juvenile offences are treated collectively. ";
Article 62 supplement part 4 to read as follows: "disqualification of judge dismisses gun case alone, the same judge allowed.";
in article 104, the words "the decision of the Court" should be replaced by the word "judges";

first part of article 126 shall be reworded as follows: "a preliminary investigation is obligatory in all cases, with the exception of the offences referred to in articles 94, 96, 97, 98 part one, 112, 115-116, 1 part one, 122, 123, 124, 124-127, 1 part one, part of the first 128, 130, 131, 135, 136, 138, 139, 139-140, paragraph 1, 1 part 1, 140-1 parts one and two, 141, 143, 149 part one , 154-1, 155, 156, 156, paragraph 1-1, 156-2, 4-156, 158, 161, 162, 162, paragraph 1-1, 163, 164, 165, 166, 166-167, 1-1, 2-167, 168, 169, 187, 188-191, 2-1 in the first, 192, 192-193, 1 part 1, 194-1 part 1, the first and third parts 195, 196, 197, paragraph 3, 197-198, 1-1, 199, 200-205, 205-1, parts 1 and 2 of 206, 207, 208 parts one and two , 208-1, 211-212, paragraph 1, 1-1 part 1, part 214, 215 first part of the first part of the first 216, 217, 219, paragraph 1, 221, 223 part one, 223-1 parts first and fourth, 230-1 of the Criminal Code of the RSFSR, for which a preliminary inquiry is made only in cases where it is necessary to recognize the Court or Prosecutor. ";
part four article 126 shall be reworded as follows: "in cases involving crimes stipulated in articles 86, 87, 89, 91, 93-94, 94-1, 2-94, 95, 96, 97, paragraph 3 the second, 98 part two, 99, 100, 108-111, 113-115, 115-1, 115-116, 2 part 2, 121, 125, 126-127, part 2 the second part of the second 128, 129, 132, 133-1 part 1, 134, 139-140, paragraph 2 1, part two , 140-1 part 3, 144-148, 149, 150, paragraph 2, 152, 152-154, 1-1, 155, 156, 156, paragraph 2-2 part 2, 156-4 part 2, 157, 158 in the second and third parts, 159, 160, 162 part 2, 165, 166, 167 part 2, 167-169, part 2 of 2 part 2, 186, 188, 188-1, 188-190, 3-2, 3-190, 191, 193, 194 part 2-196, 198-1 part 2, 198-206, 2 part 3 , 207, 208 parts of second, third and fourth, 208-1 part two, 210-211, 211-1 part 2, 211-2, 211-212, 3-1 in the second and third parts, 213, 213-215, 1-1, 217-219, 220, 222, 223-1-223-5, 224, 224-2 part 1, 224-225, 3-226-2, 228-230 of the Criminal Code of the RSFSR, and in all cases involving offences committed by minors, a preliminary investigation is carried out also by investigators from the internal affairs authorities. ";
Article 201 supplemented part 7 to read as follows: "If the defendant meets the crime prescribed in the list of part 3 of article 35 of this code, the investigator must ascertain whether the accused agrees to have his/her case heard by a single judge.";
Article 203, after the words "they made" add the words "whether the accused in accordance with part 3 of article 35 of this code for the consideration of his case by a judge sitting alone";
name of head of twentieth worded as follows: "a judge before trial and preparation for hearing";
Article 221 shall be reworded as follows: "article 221. Powers of a judge of the Court it was the case before the trial judge in the case, it takes one of the following decisions: 1) concerning the appointment of the court session;
2) on the return for the production of further investigation;
3) on suspension of proceedings;
4) to send the case on jurisdiction;
5) to close the case. ";
Article 222 shall be reworded as follows: "article 222. Issues to be clarified in the appointment of the sitting of the Court in the settlement of the question of the appointment of a judge of the court session shall be clarified with respect to each of the accused as follows: 1) whether this Court jurisdiction;
2) not whether the circumstances giving rise to the termination or suspension of the proceedings;
3) collected whether sufficient evidence for a hearing in the court session;
4 whether the indictment) is made in accordance with the requirements of this code;
5) whether to amend or repeal the measure chosen by the accused;
6) whether measures had been taken to ensure compensation for material damage caused by the crime and the possible confiscation of property;
7) whether in the case of petitions and statements of accused persons, victims, other interested individuals and organizations. ";
Article 223 shall be reworded as follows: "article 223. Motions and statements in determining the designation of the trial judge is obliged to consider petitions and statements of individuals and organizations to participate in the case, on the future direction of the business, about the discovery of additional evidence, on changing the measure of restraint, of a civil lawsuit and the steps to achieve it. In this case, if there is doubt as to the validity of the petition, the judge may call for an explanation the person or representative of an organization declared the petition.
The result of the permission notice of motion a person or organization who submitted the petition. Denial of the request is not subject to appeal, but it could be reopened in the court session.
A motion to call additional witnesses and obtaining other evidence shall be satisfied in all cases. ";
the code shall be supplemented with article 223-1 as follows: "article 223-1. The appointment of court session

The judge came to the conclusion that, in the course of investigating all of the requirements of this code for the rights of the citizen are involved as an accused, no other obstacles to the consideration of the case in court, decide on the appointment of a court session. The judge has the right to exclude individual items from the indictment charges or apply criminal law on the lesser offense, however, that the new charge on its actual circumstances did not differ significantly from the charges contained in the indictment.
The issue of the appointment of the trial should be resolved no later than 14 days from receipt of the case in court if the accused is detained, and within a month the remaining cases. ";
Article 224-227;
Article 228 shall be amended as follows: "article 228. Resolution of issues related to the consideration of the case in court acknowledging the possible appointment of a court session, the judge must also resolve the following issues: 1) the time and place of the trial;
2) on the consideration of the cases individually or collectively;
3) on participation in the proceedings by the public prosecutor and defence counsel;
4) on persons subject to challenge in court as a victim, civil plaintiff, civil respondent, their representatives, witnesses, experts and specialists;
5) on call an interpreter;
6) on the hearing of the case in a closed hearing in the cases provided for in article 18 of this code.
The judge's ruling on the need for participation in the proceedings the Prosecutor is required for the latter. If the Prosecutor directing the case to court, says that he believes it is necessary to maintain the prosecution, the judge may not refuse him. ";
Article 229 shall be reworded as follows: "article 229. The judge's ruling in the decreeing of the judge must specify: 1) time and place of the making of the order;
2) post and surname of the judge who took the decision;
3) Foundation and the substance of the decisions taken.
The decree is signed by the judge. ";
Article 230 shall be amended as follows: "article 230. Decision on the appointment of the trial judge's ruling on the appointment of a court session shall contain: the motivation of the decision on the appointment of the court hearing, an indication of the person accused in the case, and the criminal law to be applied, the decision on the measure, as well as decisions on motions and statements on the issues listed in article 228 of the criminal code. ";
Article 231 shall be reworded as follows: "article 231. Suspension or direction on jurisdiction when considering the appointment of a court session, it appears that the accused went into hiding and his whereabouts is unknown, the judge shall rule on the stay of proceedings, pending the investigation of the accused, as the case returns to the Prosecutor, except as specified in article 246, paragraph 1 and article 257 of the criminal code.
In the case of certified serious illness of the accused doctor, precluding the possibility of its participation in the court hearing, the judge shall order stay of proceedings pending the recovery of the defendant.
If the judge finds that the case nepodsudno the Court, it shall order the direction the case on jurisdiction. ";
Article 232: in the first part of the word "Court" in the assignments sitting should be replaced by the word "judge";
in the second part of the phrase "the Court shall specify in its definition of" were replaced by the words "judge shall specify in its order";
in the third part of the word "Court" should be replaced by the word "judge";
Article 233: the word "Court" should be replaced by the word "judge", the words "or the Court in the assignments sitting", delete the word "commit" replaced by the word "obliges";
Article 234 shall be reworded as follows: "article 234. Termination of proceedings in the circumstances referred to in articles 5-9 and paragraph 2 of article 208 of this code, a judge ceases to matter. Judge revokes measure, measures to ensure the civil action and the confiscation of property and resolves the issue of the exhibits. A copy of the judge's order to dismiss the case be handed to the person involved criminally liable and the injured, and in the cases referred to in article 9 of this code, also a public organization or labour collective, filed a motion to transfer them to bail of a person engaged in the criminal liability. ";
Article 235 should be deleted;
in article 236, the words "of bringing the accused before the Court" should be replaced by the words "the trial";
Article 237: in the first part of the word "Court" should be replaced by the word "judge";
in the second part of the deletion of the words "a copy of the determination of the Court or the" and the words "on trial" were replaced by the words "on the appointment of the trial";
Article 238 delete the words "or in the definition of the assignments sitting";
Article 239 words "rulings of a judge or determine a status conference to bring the accused to justice" should be replaced by "Decree on the appointment of a judge of the court hearing";
Article 258 in the second part of the phrase "bring the accused to justice" should be replaced by the words "appoint a trial";
Article 261 supplement paragraph 5 to read as follows:

"The rules of the present article shall apply to judgements of the judges hearing the case alone, the crime referred to in the lists of parts 2 or 3 of article 35 of this code.";
Article 263 supplement paragraph 5 to read as follows: "If the judge individually examines the case of a crime referred to in the lists of parts 2 or 3 of article 35 of this code, the application to violators of the order in a court session, referred to in this article, he shall rule.";
Article 264 part one after the word "definitions", add the words "or regulation" and after the word "definitions", add the words "or regulations";
Article 266 shall be reworded as follows: "article 266. Consideration of comments on the trial transcript of remarks at the trial transcript shall be dealt with by the presiding, which, where appropriate, have the right to call persons who filed comments.
As a result of the comments of the judge shall render a reasoned decision about the identity of their correctness or about their rejection. Comments on Protocol and ruling shall be attached to the Protocol of the trial. ";
Article 267 supplement part 2 to read as follows: "in cases involving crimes listed in part 3 of article 35 of this code, a judge considers each defendant whether he agrees to a hearing by a judge sitting alone. Consent or objection is recorded in the trial protocol and is binding on the Court. When the objection to any of the defendants declared a break, after which the case is heard by a court composed of a judge and two people's assessors. ";
Article 276 part two and part of the fourth, after the word "definition" of the word "supplemented by (ruling)";
article 277: part one after the word "definition" of the word "supplemented by (ruling)";
the second part, after the word "definition" to supplement the word "(judgment)";
Article 278: in the first part of the phrase "in the assignments sitting of the Court shall be pronounced in the definition of a status conference" were replaced by the words "by the judge in deciding whether to appoint a trial judge's ruling also disclosed";
in part two, delete the words ", and the offences listed in Article 414 of the present Code, the definition of a court or a judge's order to institute criminal proceedings and bring the offender to justice";
Article 279, after the word "definition" of the word "supplemented by (ruling)";
Article 280 part three, after the word "definition" to supplement the word "(Decree)";
Article 285 part two, after the word "definition" to supplement the word "(Decree)";
Article 290 part one after the word "definition" to supplement the word "(order)";
Article 292, after the word "definition" to supplement the word "(Decree)";
Article 308 parts first and second after the word "definition" of the word "supplemented by (ruling)";
Article 321, after the word "definition" of the word "supplemented by (ruling)";
Article 322, after the word "definition" of the word "supplemented by (ruling)";
Article 323: in the second part of the word "Court" were replaced with the words "administrative judge in court";
in the third part of the word "status" and "definition" replaced accordingly with the words "judicial" and "order";
in the fourth part of the word "Court" and "definition" replaced accordingly with the words "judge" and "order";
Article 329: in the first part the words "Administrative Court" were replaced by the words "court hearing judge";
in the second part of the word "Court" should be replaced by the words "judge";
Article 331, paragraph 1 of part 1, after the word "Court", add the words "and orders of a judge";
the second part, after the word "define" add the words "or regulation";
article 343 paragraph 2 of part 2, after the word "Court", add the words "or order of a judge";
Article 348 in the first part of the deletion of the words "trial";
article 362 of the word "Court" should be replaced by the word "judge", and the word "definition"-the word "Ordinance";
article 362-1, the word "Court" should be replaced by the word "judge", and the word "Court"-the word "judge";
in articles 362-2 and 362-3 the word "Court" should be replaced by the word "judge";
in articles 363 and 364 of the word "Court" should be replaced by the word "judge", and the word "Court"-the word "judges";
in article 365, the word "Court" should be replaced by the word "judge";
Article 367 worded as follows: "article 367. The sentence if there are other outstanding convictions in the case where the person has multiple examples of sentences, what was not known to the Court (judge), postanovivshemu the latest verdict, the Court (judge) or the Court of the place of the same name of enforcement is required to make a determination (decision) to convict punishment on all the sentences, in accordance with articles 40 and 41 of the Criminal Code of the RSFSR.
If the total sentence may exceed three years in prison, the question has been considered by a court composed of a judge and two people's assessors. Milder punishment may be defined by a single judge. ";
in article 368: in the first part the words "Court ruling allowed the verdict" were replaced with the words "permitted by a judge of the Court, handed down the sentence";
Part II shall be amended as follows:

"If the sentence is carried out outside the area of operation of the Court (judge), handed down the verdict, these issues are resolved by the judge of the Court of the same name, and in the absence of enforcement in the area of the eponymous Court-judge of the superior court. In this case, a copy of the ruling shall be sent to the Court (judge), postanovivshemu sentence. ";
in parts of the third, fourth and fifth, the word "definition" were replaced by the words "by a judge";
Article 369: first part read: "issues relating to the enforcement of the sentence, shall be settled by a judge in the Court.";
in parts of the third, fourth, fifth and sixth words "Court" and "Court" would be replaced, respectively, by the words "judge" and "judge";
part seventh worded as follows: "review of the case begins report judge, after which he hears the resulting in meeting persons. The judge then removed in the deliberation room for judgement. ";
article 370: in the first part the words "district (urban) people's Court" were replaced by the words "judge of the district (municipal) Court";
in the fourth part of the word "presiding officer" should be replaced by the word "judges", and the word "Court" with the word "he";
in part 5, the word "Court" should be replaced by the word "judges", and the word "determining" by the word "Ordinance";
in parts two and three of article 374 words "on trial" were replaced by the words "on the appointment of the trial";
Article 414 shall be reworded as follows: "Article 414. Procedure procedure for offences under articles 89 part one, part of the first 93, 94, 96, 97, 98 part one of part one, 99, 100, 112, 115-1, 122, 123, 144, 149 in the first part of the first, 155, 156, 156, paragraph 1-1, 156-4, parts 1 and 2 of 158, 162 part 1, 162-163, 1 part 1, 166, 167 in the first part of the first, 168 169, part 1, 182, 184-187, 188-2, 195, 196 in the first part of the third, 198-2, 199, 200, 200-206, 1 part 1, 207, 208 parts 1 and 2, 208-211, paragraph 1, 1 part one, 211-1 part one, 212-213, paragraph 1, 1-1 part 1, 217 part one, part two, 218, 219, 226-2 part 2, 228, 230, 230-1, determined by the General rules of this code for the exceptions stipulated by the articles of this chapter. ";
in part five article 415, the words "for consideration by the Court or Commission friendly" were replaced by the words "to the Commission";
Article 417 part two should be deleted;
article 418 as follows: "article 418. The initiation of proceedings in the Court in recognizing materials on crimes listed in Article 414 of the present Code, sufficient for consideration in a court session, the judge makes a decision to institute criminal proceedings, shall elect the accused, where necessary, measure and consider the matter in a court session or return the materials for the production of inquiry or preliminary investigation, and in the absence of grounds for instituting criminal proceedings refuses to institute criminal proceedings.
In the ruling, the justices set out the wording of the charges with an indication of the articles of the criminal law under which the defendant liable.
The judge's ruling shall be served on the defendant. ";
Article 419, part one shall be reworded as follows: "the offences listed in Article 414 of this code shall be subject to review by the Court not later than fourteen days from the date of receipt of materials to the Court. In such cases, the judge has the right to return them for the production of initial inquiries and pre-trial investigations, taking into account the investigative jurisdiction established by article 126 of this code, if the need arises to ascertain significant additional circumstances which cannot be detected in the trial ";
part two should be deleted.
3. (repealed-Federal Act of 14.11.2002 N 137-FZ) 4. This law enter into force from the date of publication.
The President of the Russian Federation, b. YELTSIN Moscow, Russia May 29, 1992 House Tips N 2869-I