On Arbitration Zasedateljah Arbitration Courts Of The Constituent Entities Of The Russian Federation

Original Language Title: Об арбитражных заседателях арбитражных судов субъектов Российской Федерации

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Russian Federation FEDERAL LAW OF THE RUSSIAN FEDERATION The State Duma of the Russian Federation Approved by the Federation Council on May 16, 2001 g. N 116-FZ; dated 30-06/2003 N 86-FZ; dated 09.02.2009 N 4-FZ; of 29.06.2009 N 136-FZ; dated 02.07.2013. N 185-FZ; of 12.03.2014 N 29-FZ; dated 04.06.2014 N 143-FZ) Article 1. Assessor 1. The arbitrators of the arbitral tribunals of the constituent entities of the Russian Federation (hereinafter referred to as the assessors) are citizens of the Russian Federation (hereinafter referred to as citizens) who have powers under this Federal Act. The administration of justice in the courts of the constituent entities of the Russian Federation (hereinafter referred to as the arbitration courts) in the first instance of the civil legal relations. 2. Arbitration courts are referred to cases on request by a party authorized by the Code of Arbitration of the Code of Procedure of the Russian Federation. The application may be declared prior to the commencement of the examination of the case on the merits. 3. The composition of the arbitral tribunal to deal with a particular case with the participation of the assessors is made in a manner excluding the influence on its formation of the persons interested in the outcome of the case and consists of one judge and two assessors. The judge shall preside over the hearing. 4. The arbitrators shall take part in the examination of the case and the decision on the same basis as the professional judges. In the administration of justice, they enjoy the rights and duties of the judge. The arbitrators involved in the administration of justice are independent and subject only to the Constitution of the Russian Federation and to the law. 5. Citizens ' participation in the administration of justice as assessors is their civic duty. Article 2. Requirements for assessors 1. The arbitrators may be citizens who have reached the age of 25, but not more than 70 years of age, with an impeccable reputation, having higher education and experience in the economic, financial, legal or other fields. for management or business activities for at least five years. In the edition of federal laws of 29.06.2009 N 136-FZ; dated 02.07.2013. N 185-FZ 2. The assessors may not be: (1) persons who have not been removed or discharged in the manner prescribed by law; (2) persons who have committed an act that detracts from the authority of the judiciary; 3) Persons who have been declared legally incompetent or have limited effective legal capacity by a court decision; 4) persons who are the State posts of the Russian Federation, State posts of the constituent entities of the Russian Federation, of the Russian Federation Also, the persons who substitute municipal posts and municipal service posts; (as amended by the Federal Act of 29 June 2009). N 136-FZ 5) judges, prosecutors, military personnel, investigators, lawyers, notaries, persons belonging to the governing and operational staff of the Russian Federation, , the customs authorities of the Russian Federation, bodies carrying out punishment, and persons carrying out private detective activities on the basis of a special permit (licence); (In the wording of federal laws dated 25.07.2002 N 116-FZ; dated 30.06.2003. N 86-FZ; dated 29.06.2009 N 136-FZ) 6) persons who are registered in drug or psycho-neurological dispensaries. 3. The assessor who took office for the first time in an open court is sworn in as follows: " I solemnly swear to faithfully and conscientiously perform his duties, to implement justice, subject only to the law, to be impartial and fair, how to conduct my civic duty and conscience. " Article 3. Formation and approval of lists assessors 1. The lists of arbitrators form the arbitral tribunals of the constituent entities of the Russian Federation on the basis of proposals for arbitrators to be submitted to the courts by the chambers of commerce and industry, associations and associations. entrepreneurs, other public and professional associations. 2. The lists of assessors are submitted by the arbitral tribunals of the constituent entities of the Russian Federation to the Supreme Court of the Russian Federation and approved by the Plenum of the Supreme Court of the Russian Federation. (...) (...) N 29-FZ) 3. Approved lists of arbitrators are published in the Bulletin of the Supreme Court of the Russian Federation and may be published in other media. (...) (...) 143-FZ) 4. The number of arbitrators in the arbitral tribunal of the constituent entity of the Russian Federation shall be calculated on the basis of at least two assessors by one court of the arbitral tribunal dealing with the first instance. Article 4. Terms of reference of the assessor 1. The assessor shall exercise his or her powers within two years. The credentials of the arbitrators shall be terminated on the last day of the month in which the term of office expires. (In the wording of Federal Law No. N 136-FZ) 2. After the expiry of the term of office, the assessor may be included on the list of arbitrators in the manner provided for in article 3 of this Federal Law. (In the wording of Federal Law of 29.06.2009) N 136-FZ) 3. In the event that the proceedings initiated with the participation of the assessor are not completed by the end of the term of office, the assessor shall continue to exercise his/her powers until the end of the examination of the case on the merits. (In the wording of Federal Law No. N 136-FZ) Article 5. The suspension and termination of the terms of reference of the assessor 1. The powers of the assessor shall be suspended on the following grounds: 1) Indicating a crime (before entering into the legal force of a court sentence); 2) because of inability to state of health or for other valid reasons (more than six months) to perform the duties of the assessor; (3) recognition of the missing court by a court that has entered into force. 2. The authority of the assessor terminates on the following grounds: (In the Federal Act dated 29.06.2009 N 136-FZ) 1) (Spconsumed by Federal Law of 29.06.2009) N 136-FZ) (2) Termination of Russian Federation citizenship; 3) the entry into force of the court's conviction against an arbitral tribunal or a court decision on the use of coercive measures against it Medical character; 4) the entry into force of a court decision to limit the effectiveness of the assessor or to declare it incompetent; 5) the act that diminies the authority of the judiciary; 6) repeated absconderation without valid reasons responsibilities; 7) to replace the posts referred to in article 2, paragraph 2, subparagraphs 4 and 5 of this Federal Act excluding the participation of the assessor in the administration of justice; 8) in writing (a) The declaration by the A.T. of the termination of the authority for valid reasons; 9) the death of the assessor or the entry into force of the court's decision to declare him dead. 3. In the cases provided for in paragraph 1 of this article, the powers of the assessor shall be suspended by an order of the chairman of the respective arbitral tribunal of the constituent entity of the Russian Federation. Federal Law of 29.06.2009 N 136-FZ) 4. In the cases referred to in paragraph 2 of this article, the powers of the assessor shall be terminated by the Plenum of the Supreme Court of the Russian Federation upon the submission of the chairman of the relevant arbitral tribunal of the constituent entity of the Russian Federation. (...) (...) N 29-FZ) Article 6. Remuneration of the Assessor for participation in the administration of justice 1. The arbitral tribunal shall be paid, in accordance with the federal budget, in proportion to the number of working days in which he/she has participated in the administration of justice by the relevant arbitral tribunal of the constituent entity of the Russian Federation Compensatory remuneration of one quarter of the salary of a judge of the arbitral tribunal, but not less than five times the minimum wage established by the law of the Russian Federation. 2. The arbitral tribunal shall be reimbursed for travel expenses in the order and size fixed for the judges on secondment within the Russian Federation. Article 7. Guarantees of independence and integrity assessors 1. The assessors and members of his family are subject to guarantees of the inviolability of judges and their families during the period of their administration of justice, as established by the Constitution of the Russian Federation and by the Federal Constitutional Law OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of Federal Law of 29.06.2009) N 136-FZ) 2. The time for performance of the panel of judges on the administration of justice is taken into account in the calculation of all types of service. 3. During the period of its administration, the average salary in the principal place of work, as well as the guarantees and benefits provided for in the legislation of the Russian Federation, are retained by the assessor during the period of its administration. Article 8. Final provisions 1. This law shall enter into force on the date of its official publication. 2. The arbitrators, approved by the Plenary of the Supreme Arbitration Court of the Russian Federation before the entry into force of this Federal Law, shall retain their powers within six months from the date of the entry into force of this Federal Law. At the end of this period, the credentials of the arbitrators shall be deemed to have been terminated if the arbitrators were not approved in accordance with the procedure provided for in article 3 of this Federal Law. 3. Since the date of the entry into force of this Federal Act, article 8 of the Federal Law of 5 May 1995, No. 71-FZ, on the introduction of OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1710). President of the Russian Federation Vladimir Putin Moscow, Kremlin 30 May 2001 N 70-FZ