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

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Spagle Force-Federal Constitutional Law of 07.02.2011 N 1-FK A to the Russian Federation On Amendments and Additions to the Law of the RSFSR "On the Judicial System of the RSFSR", Criminal Procedure and Civil Code of Procedure of the RSFSR (In the wording of Federal Law of 14.11.2002) N 137-FZ In order to extend the powers of the judges to review certain categories of civil and criminal cases by the Supreme Council of the Russian Federation, the Supreme Council of the Russian Federation, a n o e I e: Amend OF THE PRESIDENT OF THE RUSSIAN FEDERATION In the RSFSR Act, the RSFSR Supreme Council of the RSFSR, 1981, No. 28, art. 976) Article 10 should read: " Article 10. The composition of the court in dealing with civil and criminal cases, collegiality in the implementation of the justice system justice The review of civil and criminal cases is conducted collectively or individually; in the court of first instance, A judge with the participation of a people's assessor or a judge alone. The review of cases before the judicial panels of the respective courts in cassation and supervisory review is carried out with three members of the court. The court's Presidium considers cases in the presence of a majority of the members of the bureau. ". 2. In the RSFSR Code of Criminal Procedure (Bulletin of the Supreme Soviet of the RSFSR, 1960, N 40, art. 592; 1963, N 15, sect. 288; 1965, N 50, sect. 1243; 1966, N 36, est. 1218; 1970, N 22, Text 442; 1971, N 22, est. 432; 1972, N 26, est. 663; 1974, N 29, Art. 781; 1977, N 12, est. 257; 1983, N 32, sect. 1153, N 37, 1334; 1984, N 5, sect. 168; 1985, N 5, sect. 163, N 40, 100. 1398; 1986, No. 23, sect. 638; 1987, N 27, sect. 961, N 36, sect. 1295, N 43, sect. 1501; 1988, N 2, est. 35, N 14, stop. 396, N 48, st. 1529; 1989, N 16, sect. 397, N 28, 100. 739, N 37, 100. 1074, N 50, sect. 1478; 1990, N 3, sect. 79; 1991, N 52, sect. 1867 and st. 1868; 1992, N 5, sect. (182): Article 15 should read: Article 15. Criminal trials and collegiality in the administration of justice The composition of the judge and two lay judges. People's assessors in the administration of justice shall enjoy all the rights of the judge. They shall be equal with the presiding officer of the court hearing in all matters arising from the examination of the case and the judgement. In the cases provided for in this Code, the court of first instance shall be tried by a single judge in general. The review of cases in cassation is carried out by three members of the court and, under the supervisory review procedure, composed of not less than three members of the court. "; , article 18, paragraph 2, after the word" court "shall be supplemented by the words" or the order Judges "; , in article 34: paragraph 1, after the words" military courts ", add" judges "; to supplement article 5 (a) to read: " 5a) "Presiding Judge" Peer review of a case or hearing the case alone; " 12, after the words "single judge", in addition to the words "except the sentence"; Article 35 should be supplemented by parts of the second, third and fourth sections: " The judge alone shall deal with the crime cases, provided for in articles: 94, 96 parts one and two, part one, 98 part one, 98 part one, 112, 116 part one, 122, 123, 124, 124-1, 127 part one, 128 part one, 130, 131, 135, 136, 138, 139, 139 to 1 part one, 140 part one, 140-1 parts one and two, 141, 143, 149, part one, 154-1, 155, 156, part one, 156-1, 156-2 part one, 156-4 part one, 158 part one, 161, 162 part one, 162-1, 162-1, 162-1, 167-1, 166-1, 167-1, 166-1, 166-1, 166-1, 166-1, 166-1, 166-1, 166-1, 166-1, 166-1, 167-1, 167-2, part one, 168, 192-1, 193 part First, 194-1 part one, 195 parts of the first and third, 196 parts of the third, 197, 197-1, 198-1 parts of the first and third, 199, 200, 200-1, 201-205, 205-1, 206 part one, 207, 208 part one, 208-1 part one, 211 to 1 part one, 212-1 First, 214 part one, 215 part one, 216 part one, part one, 217 part one, 219, 221, 223 Part one, 223-1 of the first and fourth parts of the Criminal Code of the RSFSR. With the consent of the accused, the judge also considers cases of crimes covered by articles: 89 part one, 93 part one, 94-1 part of the first, 94-2, 96-part three, 97 parts of the second, 99, 100, 113, 115 parts of the first and second, 115 -1, 116 Part Two, 126-2, 127, Part Two, 128 part two, 129, 132, 133-1 part one, 134, 139-1 part two, 140 part two, 140-1 part three, 144th part one, 145 part one, 147 part one, 150, 152, 152-1, 156-2 part two, 156-4 part two, 157, 158 parts two and three, 159, 160, 166 Part two, 167 part one, 167-2 part two, 169 part two, 190-2, 190-3, 191, 193 part two, 194, 194 to 1 part two, 196 part two, 198-2, 208 part two, 208-1 part two, 210-1, 211 part one, 211-1 part two, 212-1 part two, 213-1 part one, 215-1 part first, 22d-1 part of the first, 222th, 223-1 part of the second, 223-4 part one, 223-5 part one, 224 parts of the third and fifth, 224-3, 225-1 part of the first, 226-2, 229, 230 The Criminal Code of the RSFSR. The rest of the crimes, as well as all cases of juvenile crimes, are considered collegially. "; Article 62 should be supplemented with Part Four, reading: " Disposition stated by the judge The same judge is authorized by the same judge. "; , article 104," definition of the court "should be replaced by" judges "; part one of article 126 should read as follows:" Pre-trial investigation is mandatory except for offences under articles 94, 96, 97, 98 Part One, 112, 115 -1, 116 Part One, 122, 123, 124, 124-1, 127 part one, 128 part one, 128 part one, 130, 131, 135, 136, 138, 139, 139 to 1 part one, 140 part one, 140-1 parts of the first and the second, 141, 143, 149 parts of the first, 154-1, 155, 156 First, 156-1, 156-2, 156-4, 156-4, 158, 161, 162 part one, 162-1, 163, 164, 165, 166, 166-1, 167-1, 167-2, 168, 169, 187, 188-2, 191-1 part one, 192, 192-1, 193 part one, 194-1 part one, 195 parts first and three, 196 parts third, 197, 197-1, 198-1, 199, 200-205, 205-1, 206 parts one and two, 207, 208 parts of the first and Second, 208-1, 211-1 part one, 212-1 part one, 214 part one, 215 part one, 216 part one, 217 part one, 219, 221, 223 part one, 223-1 parts of the first and fourth parts of the Criminal Code of the RSFSR, on which preliminary The investigation is carried out only in cases where it is deemed necessary by a court or a prosecutor. "; section 126, paragraph 4, of article 126, to read: " In cases of crimes under articles 86, 87, 89-91, 93, 94, 94-1, 94-2, 95, 96 part three, 97 part two, part two, 99, 100, 108-111, 113-115, 115 -1, 115 -2, 116 part two, 121, 125, 126-2, 127 part two, 128 part two, 129, 132, 133-1 part one, 134, 139-1 part two, 140 part two, 140-1 part three, 144-148, 149 part two, 150, 152, 152-1, 154-1, 155, 156 part two, 156 to 2 part two, 156 to 4 parts of the second, 157, 158 parts of the second and third, 159, 160, 162 part two, 165, 166 part two, part two, 167, 167, 188, 188-1, 188-3, 190-2, 190-3, 191, 193 part two, 194-196, 198-1 part two, 198-2, 206 part three, 207, 208 parts of the second, 211-2, 210-211, 211-1 part two, 211-2, 211-3, 212-1 parts of the second and third, 213, 213-1, 215 -1, 217-219, 220, 222, 223-1-223-5, 224, 224-2 Part One, 224-3, 225-226-2, 224-230 of the Criminal Code of the RSFSR, and In all cases of crimes committed by minors, preliminary investigations are also carried out by investigators of the internal affairs agencies. "; Article 201 added to the seventh reading: " If the accused is acquainted with the case concerning the crime provided for in the list of part three of the article 35 of this Code, the investigator is required to find out whether the accused has agreed to a judge alone. "; Article 35 of this Code for the consideration of his case by a single judge "; title of the chapter in the following wording: " The powers of the judge before the trial and preparatory acts for the trial Meeting "; Article 221 should read as follows: " Article 221. The judge's powers in the case Before the trial starts, the judge in the case takes one of the following decisions: 1) on the appointment of the trial; 2) to return the case for on the production of additional investigation; (3) to suspend the case; 4) on the referral of the case; 5) on the termination of the case. "; Article 222 should be redrafted to read: " Article 222. Questions to be investigated Assignment of trial When the judge permits the appointment of a court hearing, the following shall be investigated for each of the accused: 1) to this court; (2) whether there are circumstances entailing a termination or suspension of proceedings; 3) whether the evidence sufficient to deal with the case has been collected; 4) indictment in accordance with the requirements of the present Code; 5) whether the measure of restraint chosen by the accused is subject to change or cancellation; 6) whether measures have been taken to provide for compensation for material damage caused by the crime and possible confiscation of property; 7) whether in the case of the request and statements of the accused, victims, other persons and organizations concerned. "; Article 223 should be redrafted as follows: " Article 223. Examination of petitions and applications When resolving the issue of the appointment of a court hearing, the judge is obliged to consider the applications and applications of persons and organizations for admission to the case, the further direction of the case, and The elimination of additional evidence, the modification of the measure of restraint, the civil action and the measures for its enforcement. If there is doubt as to the merits of the application, the judge may summerize the person or the representative of the organization who has made the application. The result of the application is notified to the person or organization that has made the application. Refusal to appeal is not subject to appeal, but may be reopened in court. Claim for calling additional witnesses and exclaiming other evidence to be satisfied in all cases. "; add Code article 223-1, to read: " Article 223-1. Purpose of the trial Judge, finding that all the requirements of the present Code of ensuring the rights of a citizen engaged as an accused are not present in the investigation of the case, there are no other obstacles to consideration The court decides on the appointment of the court. However, the judge has the right to exclude certain counts from the indictment or to apply a criminal law on a less serious crime, however, so that the new charge on its factual circumstances does not differ significantly from that of The charges contained in the indictment. The question of the appointment of a court hearing should be allowed no later than 14 days from the date of entry to the court if the accused is in custody and within a month in the remaining cases. "; articles 224-227, should be deleted; Article 228 should read as follows: " Article 228. Resolve issues related to preparation to consider a case in a court session By accepting the possible appointment of a court hearing, the judge must also resolve the following questions: 1) about the place and time proceedings; (2) to hear the case alone or collegially; 3) on the participation in the trial of the public prosecutor and defence counsel; 4) on the persons to be called to the hearing in the quality of the victim, the civil plaintiff, the civil respondent, their Representatives, witnesses, experts and specialists; 5) on the call of an interpreter; 6) to hear the case in camera in the cases provided for in article 18 of this Code. The judge's decision on the necessity of taking part in the prosecutor's trial is mandatory for the latter. If the prosecutor sends the case to the court, reports that he considers it necessary to support the prosecution, the judge is not entitled to refuse him this. "; Article 229 should read as follows: " Article 229. The judge's ruling The judge's order must state: 1) the time and place of the judgement; 2) the position and surname of the judge who issued the ruling; 3) the grounds and substance of the order solutions. The order is signed by a judge. "; Article 230 should read as follows: " Article 230. The decision on the appointment of a court session The judge's decision on the appointment of a court session should contain: the reasons for the decision on the appointment of a court session, the indication of the person charged in the case and the criminal law to be issued The application, the decision as to the measure of restraint, and the decisions on motions, petitions and matters referred to in article 228 of this Code. "; Article 231 should read as follows: " Article 231. Suspending a case or sending it to jurisdiction If, in considering the appointment of a court session, it appears that the accused has fled and his whereabouts are unknown, the judge shall rule on The case shall be returned to the prosecutor, except in the cases referred to in article 246, paragraph 1, and article 257 of this Code. In the case of a serious illness certified by a doctor, which precluates the possibility of his participation in the hearing, the judge shall rule on the suspension of proceedings pending the recovery of the accused. If the judge determines that the case is not within the jurisdiction of the court, it shall rule on the direction of the jurisdiction. "; , in article 232: , in the first word" Court in a status conference ", replace" Judge "; In the second word, "the court is obliged to state in its definition" to read "the judge is obliged to state in its judgement"; , in Part Three, the word "court" should be replaced by the word "judge"; in article 233: the word "court" Replace by the word "judge", the words "or the court at the status conference", The word "obliges" to replace the word "obliges"; Article 234 should read as follows: " Article 234. The judge shall terminate the case if the circumstances referred to in articles 5 to 9 and paragraph 2 of article 208 of the present Code exist. The judge, however, aboles the measure of restraint, the measures of civil action and confiscation of property and permits the issue of physical evidence. A copy of the judge's ruling on the termination of the case shall be given to a person who has been subject to criminal prosecution and to the victim and, in the cases referred to in article 9 of this Code, also to a public organization or to a collective labour collectives a motion for surrender of a person who is criminally responsible. "; Article 235 shall be deleted; , in article 236, the words" bringing the accused person to trial "shall be replaced by the words" the appointment of a court session "; Article 237: , in the first word, replace the word "court" with "the judge"; , in Part Two, delete the words "copy of the court's definition or", and replace the words "to bring the court" with the words "the appointment of a court session"; in article 238, delete the words "or in the definition of a status conference"; In article 239, the words "of a judge's order or the determination of a status conference to bring the accused to trial" shall be replaced by the words "the judge of the order appointing the court session"; , in article 258, in part two of the word " the accused "shall be replaced by the words" the purpose of the trial "; Article 261 should be added to the fifth paragraph: "The rules of this article apply to the order of a judge who alone considers a crime referred to in the lists of parts two or three" 35 of this Code. "; Article 263, to be supplemented with Part Five, as follows: " If the judge alone considers the offence referred to in the lists of parts two or three of article 35 of this Code, of the Convention on the Rights of the of this article of measures it rules. "; , in article 264, part one, after the word" definitions ", to be supplemented by the words" or orders ", and after the word" definitions "to be supplemented with the words" or regulations "; Art. 266, was revised to read: " Article 266. Consideration of the comments on the transcript of the court session Comments on the trial transcript are considered by the presiding officer, who is entitled, where necessary, to call the persons who submitted the comments. As a result of considering the comments, the judge issues a reasoned decision on their validity or rejection. The comments on the protocol and the judge's order are attached to the trial transcript. "; The Code, the judge shall determine whether each defendant agrees, whether he or she agrees to the case by the judge alone. Consent or objection shall be recorded in the record of the trial and shall be binding on the court. When an objection is raised by one of the defendants, there shall be a break after which the case is examined by a judge and two people's assessors. "; section 276, part two, and part four, after the word" definition ", to be supplemented by the word "(judgement)"; in article 277: part one after the word "definition" should be supplemented with the word "(judgement)"; part two after the word "definition" should be supplemented by the word "(ordination)"; in article 278: in part one of the word " at the status conference of the court "The determination of the status conference shall also be read out by the judge in deciding on the appointment of the court session to read also the order of the judge"; , in Part Two, delete the words ", and in the case of crimes, These are, in article 414 of this Code, the determination of the court or the judge's decision to institute criminal proceedings and bring the offender to justice "; Article 279, after the word" definition ", should be supplemented with the word" (judgement) "; in article 280, part three, after the word "definition" should be supplemented by a word "(ruling)"; , in article 285, part two, after the word "definition", should be supplemented by the word "(ruling)"; article 290, part one, after the word "definition", should be supplemented by the word "(judgement)"; article 292 after the word "definition" to be supplemented by the word "(regulation)"; in article 308, part one, and the second after the word "definition", to be supplemented by the word "(judgement)"; Article 321, after the word "definition", add "(judgement)"; Article 322 after the word "definition" to supplement by the word "(judgement)"; in article 323: , in Part Two, "court in status court", replace by "judge in court"; in part three of the word "status" and "determination" to replace respectively In the words "judicial" and "judgement"; , in part four, the words "Court" and "definition" should be replaced by the words "Judge" and "order"; , in article 329: , in the first word of the "status of the court" Replace by "court session"; , part two Replace the words "Definition of the court" with the words "The ruling of the judge"; in article 331: , paragraph 1, of the first part after the word "court", add the words "and the order of the judge"; Part Two, after the word "definitions", add In the words "or an order"; , in article 343, paragraph 2, part two, after the word "court", with the words "or the order of a judge"; , article 348, part one, delete the words ", comming to the court"; in article 362 the word "The court" shall be replaced by the word "judge", and the word "definition" is replaced by the word "decision"; , in articles 362 to 1, the word "court" should be replaced by the word "judge", and the word "court" should be replaced by the word "judge" in articles 362 to 2 and 362-3 by the word "court"; in articles 363 and 364, the word "court" should be replaced by "judge", and The word "court" is the word "judges"; , in article 365, the word "court" should be replaced by the word "judge"; Article 367 should read: " Article 367. Enforcement of sentence where there are other unenforceable sentences Where there are a number of unenforceable sentences against a convicted person, as was not known to the court (the judge) by the time of the sentence, the court (judge) of this or the same name court of the place of execution is required to make a determination (ruling) on the application to the sentenced person of all these sentences, in accordance with articles 40 and 41 of the Criminal Code RESSR. If the total sentence may exceed three years of imprisonment, the matter is considered by a court composed of a judge and two lay judges. A lighter sentence may be determined by the judge alone. "; Article 368: , in the first sentence, the court which decided to sentence the sentence should be replaced by the word" authorized by the judge who decided the sentence "; of the second sentence: " If the sentence is carried out outside the area of operation of the court (the judge) which decided to sentence, these matters are resolved by a judge of the same court and, in the absence of the execution The sentence of the same name by the court is a judge of a higher court. In this case, a copy of the judgement shall be sent to the court (the judge) which decided the sentence. "; in the third, fourth and fifth words, the word" definition "is replaced by" the judge's order "; article 369: Part One The following wording should be amended to read: "Issues relating to the enforcement of the sentence shall be resolved by a judge in a court session."; , third, fourth, fifth and sixth words by the "court" and "the court", respectively, to be replaced by the words "the judge" and "Judge"; part seven, amend to read: " The hearing of the case begins with a report of the judge, after which he hears the persons appearing before the meeting. The judge then withdrew to the consultation room for the issuance of the ruling. "; section 370: , in the first word" district (municipal) people's court ", replace the words" district (municipal) people's court judge "; In the fourth word "presiding", replace the word "court" with the word "court"; , in Part 5, the word "court" should be replaced by the word "judges", and the word "definitions" should be replaced by the word "rulings"; of the third article 374, the words "to bring to justice" were replaced by the words "the appointment of a court of law". meetings "; Article 414 to read: Article 414. Order of Production Procedures for the production of offences under articles 89 part one, 93 part one, 94, 96, 97 part one, 98 part one, 99, 100, 112, 115 -1, 122, 123, 144 part one, 149 parts First, 155, 156 part one, 156-1, 156-4, 158 parts one and two, 162 part one, 162-1, 162-1, 162-1, 16166 part one, 167 parts of the first, 168, 169 part one, 182, 184-187, 188-2, 195 Part One, 196 Part Three, 198-2, 199, 200, 200-1, 206 part one, 207, 208 parts one and two, 208-1 part one, 211 parts First, 211-1 part one, 212-1 part one, 213-1 part one, 218 part one, 218 part two, 219, 226-2 part two, 228, 230, 230-1, is defined by the general rules of this Code for exemptions set out in this Code. Chapter. "; , in Part 5 of Article 415, the words" for the consideration of a friendly court or commission "shall be replaced by the words" to the commission "; section 417, part two, delete; Article 418 should read as follows: " Article 418. The proceedings before the court The judge shall rule on the institution of a criminal case, and shall decide on the initiation of criminal proceedings, and shall decide on the initiation of criminal proceedings. If necessary, the measure of restraint shall be brought before the court, or the proceedings shall be brought back for investigation or preliminary investigation and, in the absence of a criminal case, the institution of criminal proceedings shall be refused. I do. The judge's order sets out the wording of the prosecution, specifying the article of the criminal law, on which the defendant is liable. Article 419: Part one of the following wording: " The offences referred to in article 414 of this Code are subject to review in the following wording: The court shall not later than within fourteen days from the date of receipt of the material to the court. In such cases, the judge is entitled to return them for investigation and preliminary investigation, taking into account the jurisdiction established by article 126 of the present Code, if there is a need to clarify the substantial additional cases. circumstances that cannot be established in a court session "; part two, shall be deleted. 3. (Spconsumed by the Federal Law of 14.11.2002) N 137-FZ 4. This Law shall be promulgated at the time of publication. President of the Russian Federation B. YELTSIN Moscow, House of Russia 29 May 1992 N 2869-I