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On Justices Of The Peace In The Russian Federation

Original Language Title: О мировых судьях в Российской Федерации

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RUSSIAN FEDERATION FEDERAL LAW About world judges in the Russian Federation Adopted by the State Duma on 11 November 1998 Approved by the Federation Council on 2 December 1998 class="ed">(In the wording of federal laws of 20.06.2004) N 50-FZ; of 22.08.2004 N 122-FZ; dated 30.11.2004. N 142-FZ; dated 30.11.2004. N 144-FZ; of 14.02.2005 N 2-FZ; of 05.04.2005 N 33-FZ; of 11.03.2006 N 36-FZ; of 02.03.2007 N 24-FZ; of 22.07.2008 N 147-FZ; of 11.02.2010 N 6-FZ; of 08.12.2010 N 338-FZ; of 23.12.2010 N 370-FZ; dated 18.07.2011 N 240-FZ; of 02.10.2012 N 164-FZ; of 25.12.2012 N 269-FZ; 04.03.2013 N 20-FZ; dated 21.07.2014. N 276-FZ Article 1. World judges in the Russian Federation 1. Justices of the Peace in the Russian Federation (hereinafter referred to as Justices of the Peace) are the judges of the general jurisdiction of the constituent entities of the Russian Federation and are part of the unified judicial system of the Russian Federation. The powers, the order of the justices of the peace and the procedure for the creation of magistrates ' posts are established by the Constitution of the Russian Federation, the Federal Constitutional Law "About the judicial system of the Russian Federation", other federal constitutional laws, this Federal Law and other federal laws The procedure for the appointment and operation of justices of the peace is also established by the laws of the subjects OF THE PRESIDENT OF THE RUSSIAN FEDERATION N 338-FZ) 2. Justices of the peace exercise justice in the name of the Russian Federation. The procedure for the administration of justice by justices of the peace is established by federal law. (In the wording of Federal Law No. N 50 FZ 3. The decisions of justices of the peace, as well as their legal orders, requirements, orders, calls and other applications are binding on all federal bodies of state power, public authorities OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 2. Guarantees of the status of justices of the peace 1. Judges and members of their families are subject to guarantees of the independence of the judiciary, their integrity and the material security and social protection established by the Russian Federation Act " About the status of judges in the Russian Federation" and other federal laws. 2. (Spconsumed by Federal Law of 22.08.2004) N 122-FZ) Article 3. The Competence of the Justice of the Peace 1. The Magistrate's Court deals in first instance: 1) criminal cases of crimes for which the maximum penalty is less than three years ' deprivation of liberty under the first part of the sentence Article 31 of the Code of Criminal Procedure of the Russian Federation; 2) on the issue of a court order; (3) divorce cases, if there is no dispute between the spouses of the children; 4) the split between spouses When the price of a claim is less than fifty thousand roubles, the joint property will be acquired; (...) (...) N 6-FZ) 5) other cases arising from family-legal relations, except for cases of paternity (maternity), paternity, deprivation of parental rights, restriction of parental rights, adoption of the child, other cases involving disputes over children and cases of the recognition of a marriage void; (In the wording of Federal Law of 11 February 2010, N 6-FZ) 6) for property disputes, except for inheritance of property and cases arising from the creation and use of the results of intellectual activity at the price A claim not exceeding fifty thousand rubles; in the wording of Federal Law of 11.02.2010. N 6-FZ7) (Spconsumed by Federal Law of 22 July 2008) N 147-FZ) 8) on the procedure for determining the use of property; 9) for administrative offences falling under the jurisdiction of the justice of the peace, by the Code of Administrative Offences of the Russian Federation; and OF THE PRESIDENT OF THE RUSSIAN FEDERATION N 2-FZ) 1-1. In addition to the cases listed in paragraph 1 of this article, other cases may be referred to the jurisdiction of the Magistrate's Court. (Supplementing Federal Law of 14.02.2005) N 2-FZ) 2. The Magistrate's Court examines cases under newly discovered circumstances in relation to the decisions it has taken in the first instance and which have entered into force. 3. The Magistrate is the sole judge of cases falling within his competence under this Federal Act. Article 4. Trials 1. The activities of justices of the peace are carried out within the judicial district. (In the wording of the Federal Law of 04.03.2013) N 20-FZ 2. The total number of justices of the peace and the number of judicial sections of the constituent entity of the Russian Federation are determined by the federal law on the legislative initiative of the constituent entity of the Russian Federation, agreed upon with the Supreme Court of the Russian Federation, OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. Judicial sections and justices of the peace are created and abolished by the laws of the constituent entities of the Russian Federation. 4. The judicial sector is based on a population of between 15 and 23,000 people. In the administrative and territorial units with a population of less than 15,000 people, one judicial unit is being established. (In the wording of the Federal Law of 11.03.2006) N 36-FZ) 5. The judicial section or the position of a justice of the peace may not be abolished if the cases falling within the competence of the world judge were not at the same time transferred to the jurisdiction of another judge or court. 6. The President of the District Court, in order to ensure the continuity of the workload of the world judges, in the event that the load on the world court exceeds the average burden on the justice of the world by a court district, is justified by a reasoned order to transfer the part Criminal, civil cases, administrative offences and claims brought before the justice of the peace of one court, a justice of the peace of another judicial district of the same court area. (The paragraph is supplemented by the Federal Law of 04.03.2013). N 20-FZ) Article 5. Requirements for justices of the peacecandidates for the position of justices of the peace The Russian Federation "On the status of judges in the Russian Federation" shall be presented to judges and candidates for the position of judges, subject to the provisions of this Federal Law. (...) (...) N 338-FZ Article 6. The order of appointment (election) to the position of world judges 1. Justices of the Peace are appointed (elected) to the post of legislative (representative) body of the State authority of the constituent entity of the Russian Federation, or to be elected by the population of the respective judicial office in accordance with the procedure established by law. By the law of the constituent entity of the Russian Federation. N 164-FZ) 2. Not later than six months before the expiry of the term of office of the justice of the peace, and in the event of the early termination of the powers of a justice of the peace, no later than ten days after the opening of the position of the justice of the peace The justice of the peace in the media, with the time and place of receiving applications from the candidates for the position of justices of the peace, as well as the time and place of consideration of the applications received. At the same time, the term of office of the newly appointed (elected) justice of the peace begins not earlier than the day following the day of termination of the powers of the acting justice of the peace. (The paragraph is amended to include the Federal Law of February 2, 2012. N 164-FZ) Article 7. The term of office of the Magistrate 1. A magistrate is appointed (elected) to a post for a term fixed by the law of the relevant subject of the Russian Federation, but not for more than five years. At the end of that period, the person holding the position of justice of the peace may again submit his/her candidature for election to the post. 2. In the case of reappointment and subsequent appointments (election), the Magistrate is appointed to the position of Justice of the Justice of the Peace (elected) for a term established by the law of the relevant constituent entity of the Russian Federation, but not less than five years. In the event that, within this period of time, the justice of the peace reaches the age limit of a judge, he is appointed (elected) to the post of Justice of the Magistrate until his/her post occupancy limit is reached The judges are 70 years old. (In the wording of the Federal Law No. N 33-FZ) Article 8. Cessation, suspension of power Justice and replacement of a temporarily absent global judge 1. The powers of the justice of the peace shall be terminated in the cases and in the manner prescribed by the Law of the Russian Federation "On the Status of Judges in the Russian Federation", subject to the requirements of this article. " (In the wording of the federal laws of 5 April 2005, N 33-FZ; 02.10.2012 N 164-FZ) 1-1. The day of termination of the powers of the justice of the peace is: 1) the last day of the month in which the magistrate's term expires; (2) the last day of the month in which the world judge reaches the limit The age of tenure of the justice of the peace; 3) the day after the date of the entry into force of the decision of the Qualification Collegium of Judges on Early Termination of Justice of the Justices of the Peace. Federal law from 02.10.2012. N 164-FZ)2. The powers of a justices of the peace may be suspended by a decision of the Qualification Collegium of the constituent entities of the Russian Federation in the cases and procedure established by the Russian Federation Law "On the status of judges in the Russian Federation". 3. Upon termination or suspension of the powers of a justice of the peace, as well as in the case of temporary absence of a justice of the peace (sickness, leave and other valid reasons), the performance of his duties shall be vested in the Magistrate's Court of another court of the same jurisdiction The court district was ruled by the president of the respective district court. If there is one post of justices of the peace established in the judicial district, the termination or suspension of the powers of a justice of the peace, as well as in the case of temporary absence of a justice of the peace (illness, leave and other compelling reasons), By order of the President of a superior court or his/her substitute is assigned to a justice of the peace in the nearest judicial district. Fulfillation of duties A magistrate may be assigned to a judge who is retired, OF THE PRESIDENT OF THE RUSSIAN FEDERATION (Paragraph is amended by the Federal Law of 23 December 2010). N 370-FZ) (In the wording of Federal Law of 04.03.2013) N 20-FZ) The retired magistrate may be called upon to perform the duties of a justice of the peace, irrespective of the judicial district of the judicial district of the relevant subject The Russian Federation served as a justices of the peace until the honorable discharge or the honorable removal from office, and the judge of the federal court, who is retired, regardless of the level in which the constituent entity of the Russian Federation is in the territory of the Russian Federation The Federation has administered justice as a judge of the Federal Court. (Paragraph is supplemented by the Federal Law of 04.03.2013). N 20 FZ (Article as amended by Federal Law of 30.11.2004) N 142-FZ) Article 9. The Justice of the Peace 1. The Office of the Justice of the Peace provides for its work. The structure and staffing of the justices of the peace are established in accordance with the procedure provided for by the law of the constituent entity of the Russian Federation. 2. The employees of the justice of the peace are civil servants of the relevant constituent entity of the Russian Federation. Article 10. Financing and logistics 1. Provision of monthly cash rewards, quarterly cash awards for justices of the peace, other payments made from the pay fund, social benefits provided for by federal judges, and The provision of accommodation facilities for the living conditions of the world in need of housing is an obligation of the Russian Federation and is carried out through the organs of the Judicial Department of the Supreme Court of the Russian Federation. (In the wording of the Federal Law No. N 276-FZ 2. (Spconsumed by Federal Law of 25.12.2012) N269-FZ) 3. The material and technical support for the activities of the justices of the peace is carried out by the executive authorities of the relevant constituent entity of the Russian Federation in the manner prescribed by law of the respective subject of the Russian Federation. Activities to integrate the information resources of justices of the peace into joint databases and data banks, establish common technical requirements for the operation of information systems and use of information and telecommunications networks, functioning on the basis of common principles and general rules shall be implemented by the Judicial Department of the Supreme Court of the Russian Federation and the organs of the Judicial Department of the Supreme Court of the Russian Federation. (In the wording of Federal Law No. N 240-FZ) 4. Refunds to the costs charged to the federal budget are made through the organs of the Judicial Department of the Supreme Court of the Russian Federation. (Paragraph amended by the Federal Act of 30 November 2004). N 144-F) Article 11. Symbols of State authority in the courtroom of the magistrates ' court 1. The State emblem of the Russian Federation and the image of the Russian Federation State emblem can be placed in the courtroom and the image of the coat of arms of the Russian Federation may be set and the image of the emblem of the relevant Russian Federation can be placed. THE RUSSIAN FEDERATION 2. In the administration of justice, the magistrate sits in the mantle and/or has another distinctive sign of his position, as provided by the law of the relevant subject of the Russian Federation. Article 12. Final provisions 1. This law shall enter into force on the date of its official publication. 2. It is established that before the appointment (election) of justices of the peace, cases falling within the competence of justices of the peace are heard by the regional courts. President of the Russian Federation B. Yeltsin Moscow, Kremlin 17 December 1998 N 188-FZ