On Introducing Changes And Additions Into The Law Of The Rsfsr "on The Judicial System Of The Rsfsr, The Code Of Civil Procedure Of The Rsfsr And The Code Of Criminal Procedure Of The Rsfsr

Original Language Title: О внесении изменений и дополнений в Закон РСФСР "О судоустройстве РСФСР", Гражданский процессуальный кодекс РСФСР и Уголовно-процессуальный кодекс РСФСР

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} { \field { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Federal Constitutional { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } dated 07.02.2011 N 1-FK Russian Federation On Amendments and Additions to the Law of the RSFSR "On the Judicial System of the RSFSR", Code of Civil Procedure and Criminal Procedure Code of the RSFSR adopted by the State Duma on 16 December 1998 Approved by the Federation Council on 24 December 1998 (In the wording of Federal Law from 14.11.2002 N 137-FZ Article 1. Amend the RSFSR Act on the Judicial System of the RSFSR (Bulletin of the Supreme Soviet of the RSFSR, 1981, No. 28, art. 976; Congress of People's Deputies of the Russian Federation and Supreme Soviet of the Russian Federation, 1992, N 27, sect. 1560; N 30, sect. 1794; 1993, N 33, sect. 1313; Legislative Assembly of the Russian Federation, 1994, No. 32, art. 3300) the following changes and additions: 1. In article 54: , add the following new paragraph 3: "3) of the Collegium;"; paragraphs 3, 4 and 5 shall be read as paragraphs 4, 5 and 6 respectively. 2. In article 58, paragraph 5, after the word "presidents", insert the words "the Court of Cassation and". 3. Add articles 62-1 and 62-2 as follows: " Article 62-1. The Court of Cassation of the Russian Federation , the Court of Cassation of the Supreme Court of the Russian Federation, consists of the Chairman of the Court of Cassation of the Supreme Court of the Russian Federation, 12 members from among the judges. OF THE PRESIDENT OF THE RUSSIAN FEDERATION opinion of the Qualification Collegium of Judges of the Supreme Court of the Russian Federation. The review of cases before the Court of Cassation of the Supreme Court of the Russian Federation is carried out by judicial personnel. Judges who are members of the Cassation Division of the Supreme Court of the Russian Federation, between its sessions, participate in the proceedings of the respective court or the Presidium of the Supreme Court of the Russian Federation The Federation is in compliance with the requirement that the judge should not re-engage in the same case. Article 62-2. The power of the Supreme Court of the Supreme Court of the Russian Federation , the Court of Cassation of the Supreme Court of the Russian Federation: 1) deals with civil and criminal cases as a court of second instance Appeals and protests against decisions, sentences, rulings and orders issued by the Civil Affairs Court, the Criminal Division and the Military Collegium of the Supreme Court of the Russian Federation as a court of first instance; 2) reviews, within the limits of its jurisdiction, court cases on newly discovered circumstances. Review of cases by the Court of Cassation of the Supreme Court of the Russian Federation shall be conducted in accordance with the Code of Civil Procedure of the RSFSR and the Code of Criminal Procedure of the RSFSR. ". 4. In article 65, paragraph 10, after the word "work", insert the words "the Court of Cassation and". 5. The title and part of article 67, after the word "Chairpersons", should be supplemented by the words "the Court of Cassation and". 6. The third sentence of article 78, paragraph 5, after the word "B" should be supplemented by the words "the Cassation Panel,". Article 2. Rules of Procedure of the RSFSR Supreme Soviet of the RSFSR, 1964, No. 24, 407; 1980, N 32, sect. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1794; Legislative Assembly of the Russian Federation, 1996, N 49, sect. 5499) the following changes and additions: 1. (Spconsumed by Federal Law of 14.11.2002) N 137-FZ) 2. The words ", except the decisions of the Supreme Court of the RSFSR", should be deleted. 3. Part one, article 283, supplement paragraph 3 with the following: "3) the decisions of the Civil Affairs Court and the Military Collegium of the Supreme Court of the Russian Federation-to the Court of Cassation of the Supreme Court of the Russian Federation." 4. Part Two of Article 284-1: to supplement the second sentence with the following sentence: " The case of cassation or protest against the decision or determination of the Civil Affairs Court or the Military Collegium of the Supreme Court The Russian Federation, as well as the ruling of the judge of that court, should be considered within one month from the date of the appeal or the protest. "; " shall be replaced by the term "shall be replaced by the words" these dates ". 5. In addition to the definitions of the Supreme Court of the RSFSR, delete. 6. Part three of article 321 after the words "cases of protests against" was supplemented by the words "the definition of the Cassation Division of the Supreme Court of the Russian Federation and which entered into force". Article 3. Amend the Criminal Procedure Code of the RSFSR (Bulletin of the Supreme Soviet of the RSFSR, 1960, N 40, sect. 592; 1963, N 36, sect. 661; 1983, N 32, sect. 1153; Congress of People's Deputies of the RSFSR and Supreme Soviet of the RSFSR, 1991, N 52, art. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1560; N 30, sect. 1794) the following changes and additions: 1. Article 325, paragraph 5, should be deleted. 2. In the first part of article 326: to supplement the new paragraph 3 with the following: " (3) Sentencing of the Criminal Division and the Military Collegium of the Supreme Court of the Russian Federation-to the Court of Cassation of the Supreme Court of the Russian Federation; "; , paragraph 3, read as paragraph 4. 3. The first sentence of Part Two of article 333 should read: " The Supreme Court of the Russian Federation shall consider the appeal in cassation or protest not later than one month from the date of its receipt, A cassation appeal or a protest against the sentence or determination of the Criminal Division or the Military Collegium of the Supreme Court of the Russian Federation, as well as the ruling of the judge of that court, no later than one month from the date of receipt A cassation appeal or protest. " 4. Article 356, paragraph 2, should be deleted. 5. In the third part of article 374, after the words "cases of protests against", add the words "the definition of the Cassation Division of the Supreme Court of the Russian Federation and those which have become enforceable", the words "and also to the effect" should be replaced by the words " as well as the Regulation ". 6. In the first part of article 388: , add the following new paragraph 3: " 3) with regard to judgements, definitions and judgements rendered in first instance by the Judicial College and the Military Collegium The Supreme Court of the Russian Federation, the Court of Cassation of the Supreme Court of the Russian Federation; "; , paragraph 3, read paragraph 4; paragraph 4 should read: " 4) with regard to the definitions of the Court of Cassation. Supreme Court of the Russian Federation-Presidium of the Supreme Court Russian Federation. ". 7. The paragraph of the first article 389 after the words "shall render an order and" shall be supplemented by the words "The Court of Cassation and". Article 4. This law shall enter into force on the date of its official publication. President of the Russian Federation B. Yeltsin Moscow, Kremlin 4 January 1999 N 3-FZ