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RUSSIAN FEDERATION FEDERAL LAW on arbitration zasedateljah arbitration courts of the constituent entities of the Russian Federation adopted by the State Duma April 11, 2001 year approved by the Federation Council May 16, 2001 year (as amended by the federal laws of 25.07.2002 N 116-FZ;
30.06.2003 N 86-FZ; from 09.02.2009 N 4-fl;
from 29.06.2009 N 136-FZ; from 02.07.2013 N 185-FZ;
from 12.03.2014 N 29-FZ; from 04.06.2014 N 143-FZ), Article 1. Arbitration assessors 1. Arbitration assessors of arbitration courts of the constituent entities of the Russian Federation (hereinafter referred to as the arbitration assessors) are citizens of the Russian Federation (hereinafter referred to as citizens) with in the manner prescribed by this federal law, the authority to implement justice, in arbitration courts of the constituent entities of the Russian Federation (hereinafter also-tribunals) under their jurisdiction at first instance cases arising out of civil legal relations.
2. arbitration assessors involved in the consideration of the cases submitted to the application of the party permitted in the manner prescribed by the arbitration procedure code of the Russian Federation. The specified request may be made prior to the consideration of the merits of the case.
3. The composition of the arbitral tribunal for the consideration of a specific case involving arbitration assessors shall be formed in a manner which prevents its formation of persons interested in the outcome of the case, and consists of one judge and two arbitration assessors. The judge is presiding at the trial.
4. arbitration assessors shall take part in the examination of the case and deciding on a par with professional judges. When administering justice, they enjoy rights and bear obligations of a judge.
Arbitration assessors involved in the administration of Justice, are independent and subject only to the Constitution and the law.
5. The participation of citizens in the administration of Justice as an arbitration assessors is their civic duty.
Article 2. Requirements for arbitration jury 1. Arbitration assessors can be citizens over 25 years of age but not older than 70 years, with an impeccable reputation, having higher education and work experience in the sphere of economic, financial, legal, managerial or entrepreneurial activities for at least five years. (As amended by the federal laws on 29.06.2009 N 136-FZ; 02.07.2013 N 185-FZ)
2. Arbitration assessors may not be: 1) persons having not removed or not pogashennuju in accordance with the law a conviction;
2) persons who have committed an act umaljajushhij the authority of the judiciary;
3) persons recognized incapable or of limited legal capacity by a final decision of the Court;
4) replacement public office Russian Federation, constituent entities of the Russian Federation Government posts, the post of civil service of the Russian Federation, as well as those that take the place of the municipal posts and community service; (As amended by federal law from 29.06.2009 N 136-FZ) 5) judges, prosecutors, military personnel, investigators, attorneys, notaries, and persons belonging to the Steering and operational staff of the internal affairs of the Russian Federation, State fire service of the Ministry of the Russian Federation for civil defence, emergencies and elimination of consequences of natural disasters, the organs of the federal security service organs to monitor the trafficking of narcotic drugs and psychotropic substances, the Customs authorities of the Russian Federation that of penal bodies, as well as persons engaged in private detective work on the basis of special permission (license); (As amended by the federal laws of 25.07.2002 N 116-FZ; 30.06.2003 N 86-FZ; from 29.06.2009 N 136-FZ) 6) persons registered by substance abuse or neuropsychiatric clinics.
3. the arbitration has commenced for the first time the assessor Office, in open court the oath read: "I solemnly swear that I will faithfully and honestly fulfil their obligations to implement justice, subject only to the law, be impartial and fair, as told to me by civic duty and conscience".
Article 3. Formation and approval of the arbitration assessors list 1. Lists of arbitration assessors form arbitration tribunals of constituent entities of the Russian Federation on the basis of the proposals concerning the candidatures of the arbitration assessors aimed in these courts, chambers of Commerce, associations and business associations, other public and professional associations.
2. the lists of jurors are represented by arbitration courts of arbitration of the subjects of the Russian Federation in the Supreme Court of the Russian Federation and adopted by the plenum of the Supreme Court of the Russian Federation. (As amended by the Federal law of 12.03.2014 N 29-FZ)
3. Approved lists of arbitration assessors shall be published in the "Bulletin of the Supreme Court of the Russian Federation" and may be published in other media. (As amended by the Federal law of 04.06.2014 N 143-FZ)
4. number of arbitration assessors in the Arbitration Court of the Russian Federation shall be based on one of at least two arbitration assessors to one judge of the Court of arbitration, the court seised of the proceedings at first instance.
Article 4. The term of Office of the arbitration assessors 1. Arbitration juror exercises his powers for two years. Powers of the arbitration assessors shall terminate on the last day of the month in which his term of office expires. (As amended by federal law from 29.06.2009 N 136-FZ)
2. At the end of the term juror arbitration can be repeatedly included in the lists of the arbitration assessors in the manner provided for in article 3 of this federal law. (As amended by federal law from 29.06.2009 N 136-FZ)
3. If the examination of the case, which began with the participation of the arbitration assessors, at the time of the expiration of his term of Office is not finished, assessor of arbitration shall continue to exercise its powers until the end of the consideration of the merits of the case. (As amended by federal law from 29.06.2009 N 136-FZ), Article 5. Suspension and termination of the powers of the arbitration assessors 1. Powers of the arbitration assessors shall be suspended on the following grounds: 1) indictment of an offence (until the entry into force of the court verdict);
2) due to the inability for health reasons or other justifiable reasons for a long time (over six months) to serve as the arbitration assessors;
3) recognition as missing by a court decision that has entered into legal force.
2. the powers of the arbitration assessors shall terminate prematurely on the following grounds: (as amended by federal law from 29.06.2009 N 136-FZ) 1) (repealed-federal law on 29.06.2009 N 136-FZ) 2) termination of citizenship of the Russian Federation;
3) entry into legal force of a conviction in respect of the arbitration assessors or decision of the Court on the application to it of coercive measures of a medical nature;
4) the entry into force of the court verdict on the incapacity of the arbitration assessors or recognition of his incapacitated;
5) committing an act that would impair the authority of the judiciary;
6) repeated avoidance without good reason from his duties;
7) posts referred to in subparagraphs 4 and 5 of paragraph 2 of article 2 of this federal law precluding the involvement of arbitration assessors to participate in the administration of Justice;
8) a written statement of the arbitration assessors to terminate the powers of for valid reasons;
9) death of the arbitration assessors or the entry into force of the court verdict declaring him dead.
3. In the cases contemplated in paragraph 1 of this article, the powers of the arbitration assessors shall be suspended by order of the President of the relevant Court of arbitration of the Russian Federation. (As amended by federal law from 29.06.2009 N 136-FZ)
4. In the cases contemplated in paragraph 2 of this article, the powers of the arbitration assessors shall be terminated by the plenum of the Supreme Court of the Russian Federation on the nomination of the Chair of the Arbitration Court of the Russian Federation. (As amended by the Federal law of 12.03.2014 N 29-FZ), Article 6. The remuneration of the arbitration assessors for participation in administration of Justice 1. Arbitration assessors in proportion to the number of working days, during which time he participated in the administration of Justice, the relevant Arbitration Court of the Russian Federation at the expense of the federal budget is paid compensation fee at the rate of one-fourth of the official salary of a judge of the Court of arbitration, but not less than five times the minimum wage fixed by the law of the Russian Federation.
2. Arbitration assessors shall be reimbursed travel expenses in accordance with the procedure and in the amount established for judges in secondment within the Russian Federation.
Article 7. Guarantees of the independence and integrity of the arbitration assessors 1. The arbitration assessors and members of his family during the exercise of Justice, safeguards the integrity of judges and members of their families, provided for by the Constitution of the Russian Federation, Federal Constitutional law of December 31, 1996, N 1-FKZ on the judicial system of the Russian Federation ", the first subparagraph of paragraph 2 of article 9, article 10, paragraphs 1, 2, 5-7, article 16 of the law of the Russian Federation from June 26, 1992 N 3132-(I) on the status of judges in the Russian Federation". (As amended by federal law from 29.06.2009 N 136-FZ)
2. Time of execution of arbitral justice implementation authority assessor takes into account when calculating him all kinds of employment.
3. the assessor during the arbitration of Justice remain average earnings on the main place of work, as well as guarantees and privileges provided for by the legislation of the Russian Federation.
Article 8. Final provisions 1. This federal law shall enter into force on the day of its official publication.
2. arbitration assessors approved by the plenum of the Supreme Arbitration Court of the Russian Federation prior to the entry into force of this federal law, shall retain their powers in the period of six months from the date of entry into force of this federal law.
After this period, the powers of the arbitration assessors shall be deemed terminated if arbitration assessors were not approved in the manner provided for in article 3 of this federal law.
3. From the date of entry into force of this federal law to recognize lapsed article 8 May 5, 1995 federal law N 71-FZ "on the entry into force of the arbitration procedural code of the Russian Federation" (collection of laws of the Russian Federation, 1995, no. 19, item 1710).
The President of the Russian Federation v. Putin in Moscow, the Kremlin May 30, 2001 N 70-FZ
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