Advanced Search

The People's Zasedatelâh The Federal Courts Of General Jurisdiction In The Russian Federation

Original Language Title: О народных заседателях федеральных судов общей юрисдикции в Российской Федерации

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Spagle Force-Federal Law dated 18.12.2001 N 177-FZ in the part on the criminal proceedings since 1 July 2002 ; lost power-Federal Law from 14.11.2002 N 137-FZ in the part on the civil trial from February 1, 2003 RUSSIAN FEDERATION FEDERAL LAW About people's assessors of the Federal Courts of the Russian Federation adopted by the State Duma on 17 November 1999 Approved by the Federation Council on 23 December 1999 Article 1. The right of citizens of the Russian Federation to participate in the administration of justice 1. Citizens of the Russian Federation (hereinafter-citizens) have the right to participate in the exercise of justice as people's assessors of the federal courts of general jurisdiction (hereinafter people's assessors). 2. The people's assessors are those who are vested in the powers of civil and criminal justice in the composition of the court and in the exercise of civil and criminal justice, in accordance with the procedure established by this Federal Act and federal procedural laws. The duties of the judges on a non-professional basis. 3. Limitation of the right of citizens to participate in the administration of justice as a people's assessor, depending on the sex, race, nationality, origin, property status, attitude to religion, beliefs, membership of the public Associations are not allowed. The limitation of this right shall be established only by this Federal Law. 4. Citizens ' participation in the administration of justice as people's assessors is their civic duty. Article 2: How to create a list of people's assessors 1. The general list of people's assessors of the district court (hereinafter referred to as the general list) shall be formed by the corresponding representative body of local self-government on the basis of the list of voters of the district in whose territory the jurisdiction of the given court extends. District Court. At the same time, the number of people's assessors is determined by the calculation of 156 people's assessors by a single judge of the district court. 2. The general list is approved by the legislative (representative) body of the constituent entity of the Russian Federation and shall be submitted to the competent district court at least one month before the expiry of the term of office of the people's assessors included in the preceding court. general list. 3. The term of the people's assessors in the general list is five years. 4. If necessary, an additional list of people's assessors of the district court may be established in the manner provided for in this article. 5. The powers of the people's assessors included in the additional list of people's assessors of the district court shall be terminated simultaneously with the powers of the people's assessors included in the general list. Article 3. Requirements for people's assessors 1. Citizens who have reached the age of 25 may be people's assessors. 2. People's assessors may not be: 1) persons who have not been removed or discharged in the manner prescribed by law; (2) persons declared by a court to be legally incompetent or restricted by a court of law; 3) Persons in category "A", which are provided by the Federal Act on the Basis of the Public Service of the Russian Federation THE RUSSIAN FEDERATION " of local self-government; 4) prosecutors, investigators, detectives; 5) persons who are registered in drug or psycho-neurological dispensaries. Article 4. Responsibility of the federal executive authorities, the executive authorities of the constituent entities of the Russian Federation, the executive bodies of local self-government and their officials Information for the formation of the list of people's assessors by the Federal executive authorities, the executive authorities of the constituent entities of the Russian Federation, the executive bodies of local self-government and their officials to provide a representative body of local Self-management information necessary for the formation of lists of people's assessors. Article 5. Selection of people's assessors to participate in the district court, garrison military court 1. The selection of people's assessors to participate in the proceedings in the district court is based on the general list of the people's assessors of the district court. 2. Selection of people's assessors to participate in the proceedings in the district court shall be by random sample from the general list of people's assessors of the district court in question by the president of the court in accordance with the procedure established by the Supreme Court of the Russian Federation. The number of people's assessors is three times higher than the number established by the relevant federal procedural law for each judge of the district court. 3. The selection of people's assessors for the performance of the duties of judges in a particular case in the district court shall be by the judge hearing the case by drawing of lots from the number of people's assessors referred to in paragraph 2 of this article. 4. Selection of people's assessors to participate in the trial of the garrison military court shall be made at the request of the judge of the corresponding garrison military court in the manner provided for in paragraph 2 of this article, on the basis of common lists of people's of the areas in which the case is under consideration. 5. The selection of people's assessors for the performance of judges in a particular case in a garrison military court shall be made by the judge hearing the case by drawing of lots from the number of people's assessors referred to in paragraph 2 of this article. Article 6. Selection of people's assessors to participate in the Supreme Court of the Republic, Regional, Regional Court, Federal Court of Justice of the Federal District, Court of the Autonomous Region, the court of the Autonomous Region, The district (naval) military court 1. Selection of the people's assessors to participate in the proceedings before the Supreme Court of the Republic, the Regional Court, the Regional Court, the City Court of the Federal Court, the Autonomous District Court, the Autonomous District Court shall be held by the President of the Court in question. The procedure provided for in article 5, paragraph 2, of this Federal Act is based on the general lists of the people's assessors of district courts located in the territory of the constituent entity of the Russian Federation. 2. Selection of people's assessors for the performance of the duties of judges in a particular case before the courts referred to in paragraph 1 of this article shall be made by the judge hearing the case in the manner provided for in article 5, paragraph 3, of this Federal Act. of the law. 3. The selection of people's assessors to participate in the proceedings in the district (naval) military court shall be conducted in accordance with the procedure provided for in article 5, paragraph 4, of this Federal Act. 4. Selection of people's assessors to serve as judges in a particular case in the district (naval) military court is made by the judge of the corresponding district (naval) military court in the manner provided for in article 5, paragraph 5, of the present Federal law. Article 7. Selection of the people's assessors of the Supreme Court of the Russian Federation 1. The lists of people's assessors of the Supreme Court of the Russian Federation are approved by legislative (representative) bodies of the constituent entities of the Russian Federation on the basis of lists of people's assessors of district courts located in the territory of the Russian Federation of the Russian Federation The number of people's assessors of the Supreme Court of the Russian Federation is determined by the Supreme Court of the Russian Federation. 2. The selection of the people's assessors to the Supreme Court of the Russian Federation shall be conducted by the President of the Judicial Chamber of the Supreme Court of the Russian Federation in accordance with the procedure provided for in article 5, paragraph 2, of this Federal Act. 3. The selection of people's assessors for the performance of the duties of judges in a particular case before the Supreme Court of the Russian Federation shall be made by a judge of the Supreme Court of the Russian Federation in accordance with the procedure provided for in article 5, paragraph 3, of this Federal Act. Article 8. Release of a people's assessor from the duties of a judge in a particular case 1. A judge may exempt a people's assessor from serving as a judge in a particular case on the basis of a written statement by a people's assessor, if: 1) has reached the age of 70; 2) has one or more children in The age of up to three years and is on parental leave; 3) is a clergyman, or according to his/her beliefs or religion, considers it impossible to participate in the administration of justice; 4) is a disabled person I, II or III of the group; 5) is an official obligations that may cause significant harm to public or public interest; 6) are members of the Armed Forces of the Russian Federation, other troops, military formations and bodies in which The law of the Russian Federation provides for military service; 7) does not own the language in which the proceedings are conducted in the area; 8) has other valid reasons. 2. In the cases referred to in paragraphs 1, 4 and 7 of paragraph 1 of this article, the judge is entitled to release a people's assessor on his or her own initiative. 3. The people's assessor shall be released from the duty of the judge in a particular case in the cases provided for in paragraph 1 of this article, pending the decision of the judge on the formation of the composition of the court with the participation of the people's assessors. Article 9. Time frame for engaging the people's assessors to fulfill its responsibilities 1. The people's assessors are held in the district court for a period of 14 days and, if the time for the consideration of a particular case exceeds the specified time limit, for the duration of the case. 2. People's assessors are being held in the Garrison Military Court, the Supreme Court of the Republic, the Regional Court, the Regional Court, the Autonomous Regional Court, the Autonomous District Court, the District Court, the District Court (Navy) OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. People's assessors are not more than once a year engaged in the performance of their duties. Article 10. Suspension and early termination of the power of the People's Assessor 1. In the case of a people's assessor in a criminal case, his or her powers shall be suspended by the president of the relevant court until the completion of the investigation of the criminal case. 2. The legislative (representative) body of the constituent entity of the Russian Federation shall terminate the powers of the people's assessor in the cases provided for in article 3, paragraph 2, of this Federal Act. Article 11. Material support for people's assessors 1. During the time of the participation of the people's assessors in the administration of justice, the court concerned shall pay him, at the expense of the federal budget, compensation in the amount of one quarter of the judge's salary. The said compensation award shall not be subject to income tax. 2. During the tenure of the people's assessor, the average salary, as well as the guarantees and benefits provided for by law, are retained by the main place of work. 3. The relevant court shall reimburse the people's assessor for the travel expenses in the order and size of the judges. 4. The time taken by the people's assessor for the exercise of justice is taken into account in the calculation of all types of service. Article 12. Guarantees of the independence and integrity of the people's assessor 1. The people's assessor and members of his family are subject to guarantees of the independence and integrity of judges and their families during the period of their administration of justice, established by Constitution of the Russian Federation, Federal Constitutional Law " OF THE PRESIDENT OF THE RUSSIAN FEDERATION class="doclink "href=" ?docbody= &prevDoc= 102063860&backlink=1 & &nd=102017065" target="contents"> About the status of judges in the Russian Federation", by this Federal Law. 2. A criminal case against a people's assessor during the period of his or her administration of justice may be brought only by the Procurator-General of the Russian Federation or by a person performing his duties. A people's assessor may be detained during the period of his or her administration of justice only with the authorization of the Procurator-General of the Russian Federation or a person acting in his or her duties or by a court decision. 3. A people's assessor during the period of his or her administration of justice shall not be dismissed from his work or transferred to another job without his or her consent. Article 13. The recognition that some laws of the Russian Federation have laped in connection with the adoption of this Federal law From the day of the entry into force of this Federal Act (1) Articles 8, 9, 22, 28, 69 to 74 of the RSFSR Act of 8 July 1981 on the judicial system of the RSFSR (Bulletin of the Supreme Council of the Russian Federation) RSFSR, 1981, No. 28, sect. 976); 2) Law of the RSFSR of 8 July 1981 "On elections of district (municipal) people's courts of the RSFSR" (Bulletin of the Supreme Soviet of the RSFSR, 1981, N 28, 100. 977); 3) Resolution of the Presidium of the Supreme Soviet of the RSFSR of 24 March 1982 on the press of the election commissions Representatives of the People's Courts of the RSFSR Regional People's Courts (Bulletin of the Supreme Soviet of the RSFSR, 1982, N 13, Art. 391); 4) Decision of the Presidium of the Supreme Soviet of the RSFSR of 24 March 1982 "On the ballot box for receiving ballot papers in the election of people's judges of the district (municipal) people's courts of the RSFSR" The Supreme Council of the RSFSR, 1982, No. 13, 392); 5) Decision of the Presidium of the Supreme Soviet of the RSFSR of 26 March 1982 " On the procedure for the storage of election documents Regional (municipal) People's Courts of the RSFSR " (Bulletin of the Supreme Soviet of the RSFSR, 1982, N 13, st. 396); 6) Decree of the Presidium of the Supreme Soviet of the RSFSR of 1 July 1982 "On the approval of the Regulations on the Council of People's Assessor" (a) The Supreme Court of the Russian Federation. 942); 7) paragraph 13 of the Decree of the Presidium of the Supreme Soviet of the RSFSR of 18 January 1985 " On introducing modifications and additions to some of the legislative acts of the RSFSR " (Bulletin of the Supreme Soviet of the RSFSR, 1985, No. 4, sect. 117); 8) Decree of the Presidium of the Supreme Soviet of the RSFSR of 26 February 1987 "On amendments and additions to the Law of the RSFSR" On elections Regional (municipal) People's Courts of the RSFSR " (Bulletin of the Supreme Soviet of the RSFSR, 1987, N 10, st. 308); 9) Paragraph 5 of the RSFSR Act of 7 July 1987 "On Approvals of the Presidium of the Supreme Soviet of the RSFSR on amendments and additions to some legislative acts of the RSFSR" (Bulletin of the Supreme Soviet of the RSFSR, 1987, N 29, Art. 1061); 10) Decree of the Presidium of the Supreme Soviet of the RSFSR of 27 February 1990 "On the approval of the Statute on the disciplinary liability of judges, withdrawal and early release of judges and lay judges of the RSFSR" (Statements by The Council of the RSFSR, 1990, N 10, and (288); 11) Decree of the Presidium of the Supreme Soviet of the RSFSR of 27 February 1990 "On the procedure and amounts for reimbursement of expenses connected with the exercise by the people's assessors of their duties in court" (Bulletin of the Supreme Council of the RSFSR, 1990, N 10, sect. 289). Article 14. The law enters into force on the date of its official publication. Acting President of the Russian Federation V.V. Putin , Kremlin 2 January 2000 N 37-FZ