On Justices Of The Peace In The Russian Federation

Original Language Title: О мировых судьях в Российской Федерации

Read the untranslated law here: http://pravo.gov.ru/proxy/ips/?doc_itself=&infostr=x&backlink=1&fulltext=1&nd=102057094

RUSSIAN FEDERATION FEDERAL LAW on magistrates in the Russian Federation adopted by the State Duma November 11, 1998 the year approved by the Federation Council of the year December 2, 1998 (as amended by the federal laws from 14.06.2004 N 50-FZ;
from 22/08/2004, no. 122-FZ; from 30.11.2004 N 142-FL;
from 30.11.2004 N 144-FZ; from Feb 14, 2005 N 2-FL;
from 05.04.2005 N 33-FZ; from 03/N 36-FZ;
dated 02.03.2007 N 24-FZ; from 22.07.2008 N 147-FZ;
from 11.02.2010 N 6-FL; 08.12.2010 N 338-FZ;
from 23.12.2010 N 370-FZ; from 18/N 240-FZ;
from 2 October 2012 N 164-FZ; from Dec 25th N 269-FZ;
from 04.03.2013 N 20-FZ; from 21.07.2014 N 276-FZ), Article 1. Justices of the peace in the Russian Federation 1. Justices of the peace in the Russian Federation (hereinafter referred to as the justices) are judges of general jurisdiction of constituent entities of the Russian Federation and belong to the unified judicial system of the Russian Federation. Authority, order the activities of justices of the peace and order of the establishment of posts of justices of the peace shall be defined by the Constitution of the Russian Federation, Federal Constitutional law "on the judicial system of the Russian Federation", federal constitutional laws, this federal law and other federal laws and procedures for the appointment (election) and the activities of justices of the peace also sets the laws of constituent entities of the Russian Federation. (As amended by federal law from 08.12.2010 N 338-FZ)
2. Conciliating Judges administer justice named by the Russian Federation. The order of execution of Justice justices is set by federal law. (As amended by federal law from 14.06.2004 N 50-FZ)
3. regulations in force of magistrates, as well as their lawful orders, requirements, orders, calls and other appeals are mandatory for all federal bodies of State power, bodies of State power of the constituent entities of the Russian Federation, bodies of local self-government, public associations, officials, and other natural and legal persons and shall be subject to rigorous implementation throughout the territory of the Russian Federation.
Article 2. Guarantees the status of justices of the peace 1. The magistrates and members of their families shall be subject to safeguards the independence of the judiciary, their integrity, as well as material support and social protection established by the law of the Russian Federation on the status of judges in the Russian Federation and other federal laws.
2. (repealed-Federal Act of 22/08/2004, no. 122-FZ), Article 3. The competence of the Justice of the peace 1. Judge considers in the first instance: 1) criminal cases concerning crimes for which the maximum penalty does not exceed three years in prison, he may, in accordance with paragraph 1 of article 31 of the code of criminal procedure of the Russian Federation;
2) extradition case judicial order;
3) cases of divorce, if there is no dispute between the spouses of the children;
4) case on the section between the spouses jointly acquired property at the price of a claim not exceeding fifty thousand rubles; (As amended by federal law from 11.02.2010 N 6-FZ) 5) other arising out of family-legal relations, except for cases contesting of paternity/maternity, paternity, for the deprivation of parental rights, relating to the limitation of parental rights, the adoption of the child, other cases on disputes about children and cases of annulment; (As amended by federal law from 11.02.2010 N 6-FL) 6) case on property disputes, except in cases of inheritance and cases arising from relationships to create and use the results of intellectual activity, with the price of a claim not exceeding fifty thousand rubles; (As amended by federal law from 11.02.2010 N 6-FZ) 7) (repealed-the Federal law dated 22.07.2008 N 147-FZ) 8) determination of the procedure for the use of property;
9) cases on administrative offences attributed to the competence of the magistrate code of the Russian Federation on administrative offences and laws of constituent entities of the Russian Federation. (Para 1 as amended by the Federal law dated Feb 14 N 2-FZ) 1-1. In addition to the cases listed in paragraph 1 of this article, the federal laws of the jurisdiction of a magistrate may be assigned and other cases. (Supplemented by federal law from Feb 14, 2005 N 2-FZ)
2. Judge hears cases on new circumstances in relation to decisions taken in first instance and entered into force.
3. The Justice of the peace solely hears cases assigned to its jurisdiction by this federal law.
Article 4. Trial sites 1. Activities of justices of the peace within the judicial district court areas. (As amended by the Federal law of 04.03.2013 N 20-FZ)
2. The total number of justices of the peace and court sites in constituent entities of the Russian Federation shall be determined by the Federal law on the legislative initiative of the relevant constituent entity of the Russian Federation agreed with the Supreme Court of the Russian Federation, or on the initiative of the Supreme Court of the Russian Federation agreed with the relevant subject of the Russian Federation.
3. Court and justices of the peace are established and abolished by the laws of the constituent entities of the Russian Federation.

4. Court plots are created based on the same population from 15 to 23 thousand people. In the provinces with population less than 15 thousand a single judicial area. (As amended by the Federal law dated 03/N 36-FZ)
5. the Court or the magistrate post plot could not be abolished if attributed to the competence of the Justice of the case were not simultaneously transferred to the jurisdiction of another judge or court.
6. the Chairman of the District Court in order to ensure uniformity of workload on magistrates if the load on the magistrate exceeds the average load on the magistrate of judicial district may devolve criminal Decree reasoned, civil cases, cases relating to administrative offences and complaints received by one magistrate court plot, Magistrate Court of another plot in the same judicial district. (Para supplemented by federal law from 04.03.2013 N 20-FZ), Article 5. Requirements for the justices and candidates for the post of justices of the peace to justices and candidates for the post of justices of the peace are required, which, in accordance with the law of the Russian Federation on the status of judges in the Russian Federation "for judges and candidates for the position of judges, subject to the provisions of this federal law. (As amended by federal law from 08.12.2010 N 338-FZ), Article 6. The order of appointment (election) justices 1. Justices of the peace are appointed (elected) for the post of legislative (representative) body of State power of constituent entities of the Russian Federation or elected to Office the population section in the order prescribed by the law of the Russian Federation. (As amended by the Federal law dated 2 October 2012 N 164-FZ)
2. not later than six months before the expiration of the term of Office of a magistrate and, in the case of early termination of the powers of a magistrate not later than ten days after the day of the occurrence of the vacancy, a Justice of the peace is declared on a vacancy of a magistrate in the media, with an indication of the time and place of receipt of applications from applicants for the position of a Justice of the peace, as well as the time and place of examination of applications received. When the term of Office of the newly appointed (elected) magistrate begins not earlier than the day following the day of the termination of the acting magistrate. (Para supplemented by federal law from 02.10.2012 N 164-FZ) Article 7. The term of Office of a Justice of the peace 1. The magistrate shall be appointed (elected) for the position for a term determined by the corresponding constituent entity of the Russian Federation, but not more than five years. After expiration of the person holding the post of magistrate, may again put forward its candidature for appointment (election) for the position.
2. When you restart and subsequent appointments (elections) for the Office of a magistrate, the magistrate shall be appointed (elected) for a period established by the law of the relevant constituent entity of the Russian Federation, but not less than five years. If within the specified period, the magistrate reaches the age limit tenure of a judge, he shall be appointed (elected) for the position of magistrate for a period until they reach the age limit tenure magistrate-70 years. (As amended by the Federal law dated 05.04.2005 N 33-FZ) Article 8. Termination, suspension of powers of a magistrate, and the magistrate is missing temporarily replacement 1. The powers of a magistrate shall be terminated in cases and by the procedure established by law of the Russian Federation "on the status of judges in the Russian Federation, taking into account the requirements of this article." (As amended by the federal laws from 05.04.2005. N 33-FZ; from 2 October 2012 N 164-FZ) 1-1. The day of termination of the powers of a magistrate is: 1) the last day of the month in which the magistrate shall expire;
2) the last day of the month in which the judge reaches the age limit tenure of a magistrate;
3) day after the date of entry into force of the decision of the qualification board of judges on the premature termination of the powers of a magistrate.
(Para supplemented by federal law from 02.10.2012 N 164-FZ)
2. the powers of a magistrate may be suspended by a decision of the qualification board of judges of the Russian Federation in cases and by the procedure established by law of the Russian Federation "on the status of judges in the Russian Federation".

3. On termination or suspension or termination of the powers of a magistrate, as well as in case of temporary absence of a magistrate (illness, holiday and other excuses) pursuant to its obligations rests with the Magistrate Court of another plot in the same judicial district by a decree of the President of the relevant District Court. If this judicial district has one post of magistrate, with the termination or suspension of the powers of a magistrate, as well as in case of temporary absence of a magistrate (illness, holiday and other excuses) performance of its duties by the Decree of the President of the superior court or his Deputy is vested in the magistrate, exercising its judicial activities in the near vicinity.

The duties of a magistrate may be entrusted to a judge who is retired, as provided for in article 7-1 of the law of the Russian Federation "on the status of judges in the Russian Federation, taking into account the characteristics laid down in this article. (The paragraph is supplemented by federal law from 23.12.2010 N 370-FZ) (As amended by the Federal law of 04.03.2013 N 20-FZ) magistrate, Retd, can be brought to justice regardless of the judicial section of any judicial district of the relevant constituent entity of the Russian Federation, he served as a Justice of the peace to the honorary care or honorary removal from Office, a judge of the Federal Court, Retd, regardless of what level of court in the territory of a subject of the Russian Federation he has justice as a judge of the Federal Court. (The paragraph is supplemented by federal law from 04.03.2013 N 20-FZ)
(Article in the Editorial Office of the Federal law of 30.11.2004 N 142-FL) Article 9. Magistrate apparatus 1. Magistrate apparatus ensures his work. Structure and staffing of the apparatus of the magistrate shall be established in the manner prescribed by the law of a constituent entity of the Russian Federation.
2. employees of the apparatus of justice are public servants of the relevant constituent entity of the Russian Federation.
Article 10. Funding and logistical support activities of the justices of the peace 1. Provision of monthly remuneration, quarterly cash awards of justices of the peace, other payments, carried out at the expense of wages, social benefits provided to the judges of the federal laws, as well as the provision requiring improvement of living conditions of the justices of the residential premises is spending commitment of the Russian Federation and is carried out through the judicial department at the Supreme Court of the Russian Federation. (As amended by the Federal law of 21.07.2014 N 276-FZ)
2. (repealed-the Federal law dated 21.12.2012 N 269-FZ) 3. Logistics activities of justices of the peace shall exercise the executive authorities of the constituent entities of the Russian Federation in accordance with the law of the relevant constituent entity of the Russian Federation. Activities for integrating information resources of justices of the peace in United databases and data banks, establish common technical requirements for the operation of information systems and use of information and telecommunication networks, operating on the basis of uniform principles and general rules are carried out by the judicial department at the Supreme Court of the Russian Federation and the organs of the judicial department at the Supreme Court of the Russian Federation. (As amended by the Federal Act of 18/N 240-FZ)
4. reimbursement of costs covered from the federal budget in cases before justices of the peace, carried out through the judicial department at the Supreme Court of the Russian Federation. (Para supplemented by federal law from 30.11.2004 N 144-FZ), Article 11. Symbols of State authority in the courtroom as justices of the peace 1. In the courtroom, the justices placed the flag of the Russian Federation and the image of the State emblem of the Russian Federation, as well as a flag can be established and posted an image of the coat of arms of the respective constituent entity of the Russian Federation.
2. In the administration of justice the magistrate sits on the mantle and (or) has another distinguishing mark of his office prescribed by law the relevant constituent entity of the Russian Federation.
Article 12. Final provisions 1. This federal law shall enter into force on the day of its official publication.
2. to establish that prior to the appointment (election) justices of the case within the jurisdiction of justices of the peace are dealt with by the district courts.
Russian President Boris Yeltsin in Moscow, the Kremlin December 17, 1998, N 188-FZ