On Introducing Changes And Additions Into The Law Of The Russian Federation On The Status Of Judges In The Russian Federation "

Original Language Title: О внесении изменений и дополнений в Закон Российской Федерации "О статусе судей в Российской Федерации"

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RUSSIAN FEDERATION FEDERAL LAW On Amendments and Additions to the Law of the Russian Federation "On the Status of Judges in of the Russian Federation" May 19, 1995(In the wording of the federal laws of 28 June 2009). N 126-FZ; dated 09.11.2009 N 248-FZ; of 25.12.2012 N269-FZ Article 1. OF THE PRESIDENT OF THE RUSSIAN FEDERATION THE RUSSIAN FEDERATION 1792; 1993, N 17, sect. 606) the following changes and additions: 1. Paragraph 4 of article 1 should read: " 4. Judges are independent and subject only to the Constitution of the Russian Federation and to the law. They are not accountable to anyone in their administration of justice. ". 2. Paragraph 1 of article 2 should read: " 1. All judges in the Russian Federation have a single status. The special features of the legal status of certain categories of judges, including the judges of military courts, are determined by federal laws and, in the cases provided for by federal laws, also by the laws of the constituent entities of the Russian Federation. The specifics of the legal position of the judges of the Constitutional Court of the Russian Federation are determined by the federal constitutional law. ". 3. In article 3, paragraph 3, delete the word "people". 4. Article 4 should read as follows: " Article 4. Requirements for candidates judge 1. The judge may be a citizen of the Russian Federation, who has attained the age of 25 years, who has a higher legal education, has worked in the legal profession for at least five years, who has not failed to disqualify him or who has passed the qualifying examination. The recommendation of the qualification board of judges. The judge of the higher court may be a citizen of the Russian Federation who has reached the age of 30, and a judge of the Supreme Court of the Russian Federation and the Supreme Court of Arbitration of the Russian Federation, who has reached the age of 35 and has worked in legal profession for at least 10 years. 2. The federal law may establish additional requirements for candidates for judges of the courts of the Russian Federation. ". 5. In article 5, paragraph 7, the third sentence should read as follows: "If the qualified opinion of the judges is reissued, the candidate shall be nominated by the presiding judge of the relevant court for further consideration in the prescribed manner." 6. Article 6 should read as follows: " Article 6. The order of empowerment of the judges 1. The judges of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation are appointed by the Federation Council of the Federal Assembly of the Russian Federation on the basis of the opinion of the President of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The judges of the federal arbitration courts of the districts are appointed by the President of the Russian Federation on the proposal of the President of the Supreme Arbitration Court of the Russian Federation. 3. Judges of other federal courts of general jurisdiction and arbitral tribunals are appointed by the President of the Russian Federation, respectively, by the President of the Supreme Court of the Russian Federation and the President of the Supreme Arbitration Court of the Russian Federation. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. Judges of the military courts are appointed by the President of the Russian Federation on the proposal of the President of the Supreme Court of the Russian Federation. 5. The President of the Russian Federation shall appoint, within one month, the judges of the federal courts, and the judges of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation to serve as judges of the Supreme Court of the Russian Federation. The appointment of the Federation Council of the Federal Assembly of the Russian Federation or the rejection of the nominations by the President of the relevant court. 6. The appointment of candidates for the posts of judges shall be made only if there is a positive conclusion of the relevant qualification board of judges. 7. In the event that the submitted candidate is dismissed as a judge of the federal court of general jurisdiction and the arbitral tribunal, the relevant qualification board shall have the right to repeat the applicant's application, having examined the grounds Rejection, re-giving a positive conclusion for the appointment of a candidate for the position of judge. ". 7. Article 7 should be deleted. 8. Complement the Law with Article 7-1 as follows: Article 7-1. Fulfiller judge's duties 1. In addition to serving as a judge of the Constitutional Court of the Russian Federation, the judge may, in addition to serving as a judge of the Constitutional Court, be brought to justice, for a period of up to one year in the event of a vacant post judges, or in the event of a temporary substantial increase in the workload of the court, or in the absence of a judge or suspension of his or her authority. 2. The hiring of a retired judge shall be carried out by the presiding judge of a higher court, subject to the positive conclusion of the qualification board of judges. ". 9. In article 9: (a), paragraph (2) should be supplemented with a second paragraph reading: " The judge shall have the right to possess and bear firearms, which shall be issued to him by the internal affairs authorities upon his application in the order, The Russian Federation's Arms Act, paragraph 3, should be supplemented with the following sentence: "Activities of military courts shall be ensured in the manner provided for by the Federal Law on Military Courts."; (c) In paragraph 4, replace the words "republics in the composition" with the word "entities". 10. In article 11: (a), paragraph 1 should read: " 1. The term of office of a judge in the Russian Federation is not limited to a certain period, except in the cases provided for in paragraphs 2 and 3 of this article. "; b) in paragraph 3, the words" to be elected "," five years "and" elected " shall be replaced by the words "appointed", "three years" and "assigned". 11. Articles 13 and 14 should read as follows: Article 13. Suspension of the power of a judge 1. The judges ' powers shall be suspended by a decision of the Qualification Collegium if one of the following grounds exists: 1) the recognition of the judge by a missing court decision that has become enforceable; 2) consent Qualification board of judges to bring the judge to criminal responsibility or to place him in custody; 3) participation of the judge in the election campaign as a candidate for the legislature (representative) THE RUSSIAN FEDERATION Russian Federation; (Paragraph 7 of paragraph 11 is no more effective-Federal Law of 09.11.2009. N 248 FZ) 2. A judge whose powers are suspended under paragraphs 2 and 3 of paragraph 1 of this article, or whose suspension is refused, may appeal the decision to the High Qualification Collegium of Judges within 10 days from the date obtaining a copy of the solution. The decision of the High Qualification Board of Judges may be appealed to the Supreme Court of the Russian Federation at the same time. 3. Suspension of the judge's powers, except when he or she has been taken into custody as a preventive measure, does not result in the termination of the judge's payment, and if he has been declared missing, his/her family wage, or a reduction in its size. The suspension of the judge's powers, except in the case of his or her election as a preventive measure, does not entail a reduction in the level of other material and social security of the judge and does not deprive him of guarantees Inviolability prescribed by this Act. 4. The decision to resume the functions of a judge shall be taken by the Qualification Collegium of the judges who have suspended the judge's authority. Article 14. Cessation of the term of office of judge 1. The judges shall be terminated on the following grounds: (1) a written resignation of the judge; (2) because of inability for reasons of health, or for other valid reasons, for a long period of time Duties of the judge. The Qualification Collegium of Judges may terminate the powers of a judge on these grounds, but it is not entitled to take such a decision if the judge has returned to duty; 3) a written statement by the judge to terminate it powers in connection with the transition or otherwise; 4) the term of office of a judge, if they were limited to a certain period; (Paragraph 11 of paragraph 11 was lost)-Federal dated 28.06.2009 N 126-FZ ) 6) termination of Russian citizenship; 7) occupation of an activity inconsistent with the position of a judge; 8) the entry into force of a court sentence against a judge or a court decision on the use of coercive measures of a medical nature; 9) the conduct of an act that dishonors the honour and dignity of the judge, or the impairment of the authority of the judiciary; 10) of a judge to limit the effectiveness of a judge or to recognize him or her incapacitated; 11) the death of a judge or the entry into force of a court decision declaring him dead; 12) the judge's refusal to transfer to another court in connection with the abolition or reorganization of the court. 2. The judges ' powers shall be terminated by a decision of the relevant qualification board of judges, which may be appealed by a judge to the High Qualification Collegium of Judges within 10 days from the date of receipt of the copy of the judgement. The decision of the High Qualification Board of Judges may be appealed to the Supreme Court of the Russian Federation at the same time. 3. In case of cancellation of a decision of the Qualification Collegium of the Judges to terminate the powers of a judge or to quench the conviction of the judge or the court decision referred to in paragraph 1 (8) of this article, the judge shall be reappointed in the old salary payment. ".......................... Article 15 should be amended to read as follows: (a), second sentence of paragraph 2, amend to read: " A judge shall be deemed to have resigned or removed if his or her powers are terminated on the basis of the subparagraphs 1, 2, 4, 5, 5, 10 and 12 of paragraph 1 of Article 14 of this Law. "; b) to supplement paragraph 2 with the second paragraph reading: " The time of employment of a judge in the areas of the Far North and equivalent localities shall be counted as The length of service of a judge in a half-thorn size. "; in) to supplement paragraph 5 with paragraphs The second and third of the following: " Retiring judge who has worked in this post for more than 20 years, monthly lifetime allowance is increased from the calculation: for each year of service for more than 20 years, one per cent of the said content, but no more than 85 per cent of the salary of the relevant judge. Retirement judges disabled by military injury are entitled to a monthly life and disability pension. "; ), second sentence of paragraph 7, set out the following Revision: "A judge whose resignation is terminated shall have the right to appeal against this decision in the manner provided for in article 14, paragraph 2, of this Law.". 13. In article 16, paragraph 6, the phrase "no other than with the approval of a procurator at the appropriate level or by a court decision" shall be replaced by the words "in accordance with the Constitution of the Russian Federation, federal laws". 14. In article 18, paragraph 2, the words "Supreme Council of the Russian Federation" should be replaced by the words "the State Duma of the Federal Assembly of the Russian Federation". 15. In article 19, make the following amendments and additions: (a) in paragraph 1: the first sentence should read: " Judges ' salaries (money of a military court judge) shall consist of the official Salary, and for military judges-and military rank, prepaid, seniority and 50 per cent pay for special conditions of work, which cannot be reduced. "; add after the words "shall not be reduced." with the following sentence: " The judge shall be made Other payments, which are provided for by laws and other normative legal acts. "; , in the paragraph of the Supreme Council of the Russian Federation, replace by the words" federal law "; The fourth term is: " A judge who has reached the age of 60 (women-55), with at least 25 years ' experience in the legal profession, including at least 10 years of work by a judge, is entitled to retire on a monthly basis Life imprisonment in full. The length of service taken into account in calculating the amount of monthly life imprisonment includes the time of work both in the position of judge and in the legal profession in the State organizations for which the higher education is required. Legal education, as well as the time of work by a lawyer prior to his appointment as a judge. Judges who have worked in areas of the Far North and similar locations, respectively, 15 and 20 calendar years, and retired (remote), are appointed and paid on a monthly basis The district coefficient of wages irrespective of their place of residence and time of treatment of the said content. Judges who have a Ph.D. or an academic title are doctored at five per cent of the salary, and judges who have a doctorate degree in law or professor, 10 per cent of the official salary. Judges with an honorary title "Honoured Lawyer of the Russian Federation" receive an additional 10 per cent of the salary. The above board has the right and the judges who are retired, as well as the employees of the courts, who have good grades. At the same time, the amount of the monthly life content, taking into account the said surcharges, as well as the surcharge provided for in article 15, paragraph 5, paragraph 5, of this Law, may not exceed 85 per cent of the salary of the incumbent referee. "; b), paragraph 2 should read: " 2. Judges are granted annual paid leave of 30 working days. Judges working in the regions of the Far North shall be granted annual paid leave of 51 working days, and in areas similar to those of the Far North and in areas with severe and adverse conditions The climatic conditions in which the salaries are fixed are 45 working days. The judge shall be granted an annual additional paid leave, taking into account the length of service in the legal profession: 5 to 10 years-5 working days; 10 to 15 years-10 working days; more than 15 15 working days. The judge's time to go to the place of rest and back on leave shall not be counted. The cost of travel to and from the place of rest is payable. The Supreme Court of the Russian Federation, the Supreme Court of Arbitration of the Russian Federation and the Ministry of Justice of the Russian Federation Federation. "; in paragraph 3: the first paragraph after the words" as a separate room. " The federal budget for a period of no more than six months is either purchased by the court for The account of the federal budget allocated to the court for this purpose. In this case, a judge who is not covered by the social norms established by the Housing Code of the RSFSR and this Law, or living in a communal apartment, is recognized as requiring improvement in the living conditions. The accommodation shall be transferred to the judge's property free of charge. "; of the second paragraph, delete the words" from the local budget "; the third paragraph, after the word" extraordinary ", should be supplemented with the words" within three months "; Paragraph 4 is supplemented with a second paragraph reading: "A retired judge shall retain the right to use the additional accommodation provided to it as referred to in paragraph 3 of this article."; Paragraph 5 should read: " 5. The judge and members of his family are entitled to medical care, including the provision of medicines, which is paid from the federal budget. They are also entitled to health resort treatment, which the judge, his wife (spouse) and minor children receive from the federal budget. These rights shall be retained by the judge and after the removal (s) of his or her retirement. At the same time, the medical care of retired judges and members of his family is made at the expense of the federal budget at the same treatment facilities in which they were taken into account. "; (e). , to read: " 6. In the event of termination of the judge's powers on the grounds provided for in article 14, paragraph 1, subparagraph 1, of this Law, his/her family shall be entitled to a lump-sum benefit calculated on the basis of his monthly salary for each full year The work of the judge, but not less than his annual salary. In the event of termination or reorganization of the court, the judge may, with his or her consent, be transferred to another court. During the period in which the transfer is made, the judge shall retain his salary. In the event of a judge's refusal to transfer, he is entitled to resign on general grounds. In this case, it shall also be compensated in the amount of the annual salary of the last post. ". 16. In article 20, amend and supplement: (a) paragraphs 1, 3 and 4, to read: " 1. The judge's life, health and property are subject to compulsory State insurance from the federal budget. At the same time, the life and health of the judge are insured for the amount of his 15-year salary. "; " 3. In the case of a judge's injury or other damage to his or her health, excluding the possibility of further professional activity, he is paid a monthly salary of an incumbent judge. The disability pension assigned to the judge for injury, as well as other types of pension, both before and after injury, shall not count against the compensation of the injury. Nor shall any compensation be paid to the injured judge after injury and the payment he has received on the compulsory State insurance. 4. In the case of death (death) of a judge, the family members of his or her dependent family member shall be compensated on a monthly basis with the salary of the judge concerned, less the share of the judge himself, without setting off compulsory State insurance, survivor's pension and other pensions, earnings, scholarships and other income. The payment procedure is also applicable to the death (death) of a retired judge whose members were dependent on him on a monthly basis, based on the size of the judge assigned to life imprisonment of the content. "; b) of paragraphs (2) and (5), delete the words" received in connection with the performance of official duties ", respectively," in connection with the performance of official duties "; to supplement Article 7 with the following: " 7. The rules contained in paragraphs (2), (3), (4) and (5) of this article shall not apply if it is established in the manner prescribed by law that the injury to a judge and his or her family is not related to the performance of a judge. ". 17. Article 21, paragraphs 2 and 3, should read: " 2. In the administration of justice, the judges shall be roomed in the mantle. 3. Judges, including those who resign, are issued by the relevant public authority or by the person who has appointed them. ". Article 15 (except paragraph 3) and article 19, paragraphs 5 and 7, of the Act OF THE PRESIDENT OF THE RUSSIAN FEDERATION Propagation of the first and third paragraphs of article 15, paragraph 5, of the Russian Federation Law on the Status of Judges in the Russian Federation For judges who have been transferred to public organizations and retired from this job, as well as to those who have served as State arbiter and retired from that position. The living of these persons is paid at the expense of the federal budget from the calculation of the judge's salary level, " salary for the qualifying class (if it has been assigned) and monthly -pay for the length of service. Payments are made in court at the last place of work or in a court of residence. (In the wording of Federal Law of 25.12.2012) N 269-FZ) Article 3. This Federal Law shall enter into force on the date of its official publication, with the exception of paragraphs 7 and 9 (a) of article 1, paragraph 15, and article 1, paragraph 15, subparagraph (a). Paragraphs 7 and 9 of article 1, paragraph 15, and article 1, paragraph 15, of this Federal Act shall enter into force on 1 January 1996. President of the Russian Federation Yeltsin Moscow, Kremlin 21 June 1995 N 91-FZ