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"

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102036094

RUSSIAN FEDERATION FEDERAL ACT amending and supplementing the Act of the Russian Federation on the status of judges in the Russian Federation "adopted by the State Duma May 19, 1995 onwards (as amended by the federal laws on 28.06.2009 N 126-FZ;
from 11/09/2009 N 248-FZ; from Dec 25th N 269-FZ), Article 1. To the law of the Russian Federation "on the status of judges in the Russian Federation" (records of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, no. 30, art. 1792; 1993, N 17, art. 606) the following amendments and supplements: 1. paragraph 4 of article 1 shall be amended as follows: "4. the judges shall be independent and subject exclusively to the Constitution and the law. In their efforts to achieve justice, they are not accountable to anyone. "
2. paragraph 1 of article 2 shall be amended as follows: "1. All judges in the Russian Federation have the same status. The peculiarities of the legal status of some categories of judges, including judges of the military courts are determined by federal laws, and in cases stipulated by federal laws, the laws of subjects of the Russian Federation.
The peculiarities of the legal status of judges of Constitutional Court of the Russian Federation shall be determined by federal constitutional law. "
3. Article 3, paragraph 3, delete the word "popular".
4. Article 4 shall be amended as follows: "article 4. Requirements for candidates for the post of judge of the 1. A judge may be a citizen of the Russian Federation, having attained 25 years of age, having the higher juridical education, work experience in the legal profession for at least five years, have not committed dishonourable acts passed Qualification exam and received the recommendation of the qualification board of judges.
While a judge of the superior court may be a citizen of the Russian Federation, the age of 30 years and a judge of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation-the age of 35 years and has experience in the legal profession for at least 10 years.
2. Federal law can be set additional requirements for candidates for judges of the courts of the Russian Federation. "
5. in paragraph 7 of article 5 the third sentence should read as follows: "when rebuilding a positive opinion of the judicial qualification panel nomination is made by the President of the Court for further consideration in accordance with established procedure.
6. Article 6 shall be amended as follows: "article 6. Giving judges the authority to order 1. Judges of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation shall be appointed by the Federation Council of the Federal Assembly of the Russian Federation on the recommendation of the President of the Russian Federation, which is made in the light of the opinion of the President of the Supreme Court of the Russian Federation and Chairman of the Supreme Arbitration Court of the Russian Federation.
2. Federal Arbitration courts of counties are appointed by the President of the Russian Federation on the recommendation of the President of the Supreme Arbitration Court of the Russian Federation.
3. Judges of other federal courts of general jurisdiction and arbitration courts are appointed by the President of the Russian Federation on the nomination of the President of the Supreme Court of the Russian Federation and Chairman of the Supreme Arbitration Court of the Russian Federation, taking into account the views of the legislative (representative) body of the relevant constituent entity of the Russian Federation.
4. the judges of the military courts are appointed by the President of the Russian Federation on the recommendation of the President of the Supreme Court of the Russian Federation.
5. The President of the Russian Federation, within one month from the date of receipt of the necessary materials appoints federal judges and candidates for judges of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation is to assign to the Council of Federation of the Federal Assembly of the Russian Federation or rejects nominees, according to the President of the relevant court.
6. Nomination of candidates for the posts of judges is made only when supplied with the positive resolution of the corresponding qualification board of judges.
7. In the case of deviations submitted by candidates for the post of judge of the Federal Court of general jurisdiction and Arbitration Court of the corresponding qualification board of judges has the right if there is a repeated statement by the candidate, having considered the grounds for rejection, again give a positive opinion for the appointment of the candidate to the position of judge. ".
7. Article 7 should be deleted.
8. Complement Law article 7-1 to read as follows: "article 7-1. The duties of the judges 1. To the administration of Justice as a judge, in addition to his duties as a judge of the Constitutional Court of the Russian Federation may be held with the consent of the judge, Retd, for up to one year in the case of a vacant position of judge, or in the case of temporary large increase in workload in the Court, or in the absence of a judge or the suspension of its powers.
2. the involvement of a judge who is retired, the duties of a judge shall be made by the Chairman of the superior court with a positive opinion of the judicial qualification panel. ".
9. In article 9: (a) paragraph 2) complement the second paragraph to read: "the judge has the right to keep and bear firearms service issued him by the internal affairs authorities on his application in the manner prescribed by the law of the Russian Federation" on weapons ";
b) item 3 supplement with the following sentence: "the activities of the military courts is provided in the manner stipulated by the Federal law on military courts".
in) in paragraph 4 the word "republics" was replaced by "actors".
10. In article 11: (a)) paragraph 1 shall be amended as follows: "1. the powers of judges in the Russian Federation are not restricted to a particular period, except in cases provided for in paragraphs 2 and 3 of this article.";
b) in paragraph 3 the word "elected", "five years" and "elected", replace the words "respectively are assigned", "three years" and "appointed".
11. articles 13 and 14 shall be amended as follows: "article 13. Suspension of powers of the judge of the 1. Powers of a judge shall be suspended by a decision of the qualification board of judges in any one of the following reasons: 1) recognition of the judges missing by a court decision that has entered into legal force;
2) consent of the qualification board of judges to attract the judge criminally liable or take him into custody;
3) participation of the judge in the election campaign as a candidate in the legislative (representative) the authorities of the Russian Federation or of the authority of the legislative (representative) the authorities of the constituent entities of the Russian Federation;
(Seventh paragraph of paragraph 11 lost effect-the Federal law dated 11/9/2009 N 248-FZ)
2. The judge, whose powers have been suspended in accordance with paragraphs 2 and 3 of paragraph 1 of this article or denied the suspension of powers, can appeal the decision to the higher qualification board of judges within 10 days after receiving the copy of the decision. The decision of the higher qualification board of judges can be appealed against in the Supreme Court of the Russian Federation in the same period.
3. the suspension of powers of the judge, unless he is elected as a measure of detention, does not entail the termination of the payment of the judge, and if he is declared missing-his family wages or reduce its size. Suspension of powers of the judge, except in the case of electing him as preventive detention, does not entail a reduction in the level of material and social security judges and does not deprive its security guarantees, established by the present law.
4. The decision to resume the powers of the judge taking the qualification board of judges, priostanovivšaâ his powers.
Article 14. The termination of the powers of judges 1. Powers of a judge shall be terminated for the following reasons: 1) a written statement on the resignation of judges;
2) due to the inability for health reasons or for other justifiable reasons for a long time to serve as a judge. The qualification board of judges may terminate the powers of a judge on these grounds, however, it does not have the right to take such a decision, if he returned to his duties;
3) a written statement by the judge to terminate his powers in connection with his transfer to another job or for other reasons;
4) expiry of powers of the judge if they were limited to a specific period;
(The paragraph 17th paragraph 11 lost effect-the Federal law from 28.06.2009 N 126-FZ) 6) termination of citizenship of the Russian Federation;
7) carrying out activities incompatible with judicial office;
8) entry into force of the court verdict against a judge or a court decision on the application to it of coercive measures of a medical nature;
9) committing an act of infamy, the honour and dignity of a judge or impair the authority of the judiciary;
10) the entry into force of the court verdict on the incapacity of the judge or of the incapacitated;
11) death of a judge or the entry into force of the court verdict declaring him dead;

12) judge's refusal of transfer to another court in connection with the discontinuation or reorganization of the Court.
2. A judge's powers shall be terminated by a decision of the corresponding qualification board of judges, which can be appealed before a judge in the higher qualification board of judges within 10 days after receiving the copy of the decision. The decision of the higher qualification board of judges can be appealed against in the Supreme Court of the Russian Federation in the same period.
3. In case of cancellation of the qualification board of judges decision on the termination of powers of the judge or the lifting held about it a conviction or judicial decision specified in subparagraph 8 of paragraph 1 of this article, a judge be restored in their former posts, with payment of owed him wages. ".
12. In article 15 the following amendments and additions: a) the second sentence of paragraph 2 shall be amended as follows: "the judge is considered having left his or remote resignation if his powers were terminated on grounds stipulated in subparagraphs 1, 2, 4, 5, 10 and 12 of paragraph 1 of article 14 of this Act.";
b) amend paragraph 2 second paragraph as follows: "while working in the Office of judge in the far North and similar areas counted seniority judges for double leaf size.";
supplement paragraph 5) in the second and third subparagraphs as follows: "Staying retired judge who holds seniority in the post for more than 20 years, the monthly life content increases from calculation: for every year of service over 20 years-one per cent of the specified content, but not more than 85 per cent of wages holding the post of judge.
Retired judges who are disabled as a result of military injuries are entitled to a monthly annuity and disability pensions. ";
g) the second sentence of paragraph 7 shall be amended as follows: "the resignation of judge which terminated may appeal this decision in the manner provided for in paragraph 2 of article 14 of this Act.".
13. paragraph 6 of article 16, the words "except with the sanction of the public prosecutor at the appropriate level or by judgement" should be replaced by the words "subject to the Constitution of the Russian Federation, federal laws".
14. in paragraph 2 of article 18, the words "the Supreme Council of the Russian Federation" were replaced by the words "the State Duma of the Federal Assembly of the Russian Federation".
15. In article 19 the following amendments and additions: a) in paragraph 1, the first sentence should read as follows: "the wages of judges (judges of the military court allowance) consists of base salary, and for military judges and military rank, salary supplements for the qualification class, seniority and a 50 percent co-payment to the official salary for special working conditions that cannot be reduced. ';
supplement paragraph, after the words "may not be decreased." with the following sentence: "the judge also produced other payments provided by laws and other normative legal acts.";
in the paragraph, the words "the Supreme Council of the Russian Federation" shall be replaced with the words "federal law";
supplement paragraph paragraphs second, third and fourth read as follows: "a judge who has reached the age of 60 years (women-55 years), after having worked in the legal profession is not less than 25 years, including at least 10 years of work, the judge may, retiring from United Nations service, receive a monthly life content in full. In seniority, reflected in calculating the monthly annuity, work time is included both in the position of a judge, and in positions in the legal profession in the State organizations, which need to replace higher legal education, as well as being the work of a lawyer before his appointment to the position of judge.
The judges, who had been working in regions of the far North and similar areas, respectively, not less than 15 and 20 calendar years and retired (remote) resigned, monthly life is awarded and paid content, taking into account the wage coefficient district regardless of their place of residence and the time the application for the specified content.
The judge, having a scientific degree of candidate of legal sciences or academic rank of Lecturer, receive a supplement amounting to five percent of salary and judges who have a scientific degree of doctor of legal sciences or the academic title of Professor, 10 per cent of salary. Judges with the honorary title "merited lawyer of the Russian Federation", receive a supplement of 10 per cent of salary. On these surcharges are entitled and judges who reside in retirement, as well as employees of the courts having ranks. The size of the monthly annuity given the supplements, as well as surcharges under the second paragraph of paragraph 5 of article 15 of this law, shall not exceed 85 per cent of wages holding the Office of judge. ";
b) paragraph 2 shall be amended as follows: "2. the judges are granted annual paid leave of 30 working days.
Judges working in regions of the far North, annual paid holidays are granted for a period of 51, in areas similar to areas of the far North, and in areas with severe and adverse climatic conditions, where the wage ratios-45 working days.
The judge granted ' additional paid leave each year, taking into account the experience of its work on the legal profession: from 5 to 10 years-5 working days;
from 10 till 15 years-10 working days;
over 15 years-15 working days.
Time sequence of the judges to a place of rest and back to the period of leave shall not be counted. The cost of travel to a place of rest and back is payable.
Procedure for determining the seniority to provide annual additional paid leave shall be established by the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation and the Ministry of Justice of the Russian Federation. ";
in) in paragraph 3: the first paragraph, after the words "in a separate room." should read as follows: "Specified premises provided to the judge at the expense of the local budget, with subsequent compensation from the federal budget in a period not exceeding six months, or is acquired by the Court at the expense of the federal budget allocated to the Court for that purpose. While requiring improvement of living conditions is the judge, not a secured dwelling on social standards set by the housing code of the RSFSR and the present law, or living in a communal apartment. Premises passed into the ownership of the judge free. ";
from the second paragraph, delete the words "at the expense of the local budget";
third paragraph, after the words "extraordinarily" add the words "within three months";
g) paragraph 4 second paragraph be supplemented as follows: "for the judge in resignation, retained the right to use the information provided to it, the additional living area specified in paragraph 3 of this article.";
d) paragraph 5 shall be amended as follows: "5. The judge and members of his family are entitled to medical care, including the provision of medicines, which are paid at the expense of the federal budget. They also have the right to spa treatment, which the judge, his wife (husband) and minor children shall be paid from the federal budget. These rights are reserved to the judge and after care (removal) of his resignation or retirement. While medical care is in the resignation or retirement of a judge and members of his family shall be made at the expense of the federal budget in the same hospitals, in which they were registered. ";
(e)) paragraph 6 shall be amended as follows: "6. in the event of termination of powers of the judge on grounds stipulated by subparagraph 11 of paragraph 1 of article 14 of this law, his family paid the lump sum allowance at the rate of his monthly salary for the last post for each full year of service as a judge, but not less than his annual salary.
In the case of abolition or reorganization of the Court the judge may be transferred with the consent of the Court. For the time during which the issued translation for judge wages. In case of refusal of a judge from the translation he has the right to retirement on a common basis. In this case compensation in the amount of the annual salary in the last post. ".
16. In article 20 the following amendments and supplements: 1) items and, 3 and 4 shall be reworded as follows: "1. Life, health and property of judges subject to compulsory State insurance financed by the federal budget. When the life and health of judges are subject to insurance for the amount of his fifteen-year-old wage. ";" 3. In the case of judge injury or impaired health, precluding a further opportunity to engage in professional activities, monthly reimbursement to him in the form of wages holding the post of judge.

When the invalidity pension, appointed judge in connection with injury, as well as other kinds of pensions that are assigned to both before and after the injury, damages do not qualify. Also do not count towards the reparation money, obtained by a judge after injury to the victims, as well as payments received under compulsory State insurance.
4. In case of loss (death) of a judge incapable of members of his family and dependents, monthly reimbursement of wages holding the post of judge less the share, prihodivšejsâ the judge, without taking account of the payments for compulsory State insurance, survivor's pension, as well as other pensions, wages, stipends and other income.
The specified order is applied and payment in case of loss (death), stayed in the resignation of a judge, whose family members and dependents monthly reimbursement based on the size of the designated judge life contents. ";
b) from 2 points and 5 to delete the words ", respectively, related to the performance of his duties,", "in connection with the performance of his duties" in connection with its performance, ";
to supplement article 7 paragraph) to read as follows: "7. The rules contained in paragraphs 2, 3, 4 and 5 of this article shall not apply where, in accordance with the law it is established that harm a judge and members of his family are not associated with a performance judge.".
17. Paragraphs 2 and 3 of article 21 shall be amended as follows: "2. When administering justice, judges are shrouded in a cloak.
3. judges, including a retired resident identity cards are issued by the respective Government agency or person appointing them. ".
Article 2. To extend the scope of article 15 (with the exception of paragraph 3) and paragraphs 5 and 7 of article 19 of the law of the Russian Federation "on the status of judges in the Russian Federation" on judges, retired from that position, regardless of the time of retirement.
Extend the scope of the first and third paragraphs, paragraph 5 of article 15 of the law of the Russian Federation "on the status of judges in the Russian Federation" on judges transferred to work in State organizations and retired from this work, as well as to persons working in the position of arbitrator and retired from that position.
Life contents these individuals paid from the federal budget from the calculation of the salary of a judge at the appropriate level, "salary for qualifying class (if it has been assigned) and the monthly surcharge for long service. Payments are made before the last place of work or in the courts for the place of residence. (As amended by the Federal law dated 21.12.2012 N 269-FZ), Article 3. This federal law shall enter into force on the day of its official publication, with the exception of paragraphs of the seventh and the ninth subparagraph "a" of article 1, paragraph 15, subparagraph d of paragraph 15 of article 1. Seventh and ninth paragraphs of the subparagraph "a" paragraph 15 of article 1 and subparagraph d of paragraph 1 article 15 of this federal law shall enter into force on January 1, 1996 year.
The President of the Russian Federation, b. Yeltsin, Kremlin, Moscow, N June 21, 1995 91-FZ