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About Sworn Zasedateljah The Federal Courts Of General Jurisdiction In The Russian Federation

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

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RUSSIAN FEDERATION FEDERAL LAW On juries of the federal courts general jurisdiction in the Russian Federation adopted by the State Duma on July 31, 2004 Approved by the Federation Council on August 8, 2004, 31.03.2005 N 26-FZ; of 22 December 2008 N 265-FZ; of 25.11.2009 N 271-FZ; of 27.12.2009 N 350-FZ; dated 29.12.2010 N 433-FZ Article 1. Consideration of criminal cases involving jury members Review of criminal cases involving jurors of the federal courts of general jurisdiction (hereinafter referred to as juries) shall be held by the Supreme Court of the Russian Federation. Federation, supreme courts of the republics, regional courts, regional courts, federal courts, autonomous regions and autonomous prefects, district (fleet) military courts (hereinafter referred to as the courts). Article 2: Participation of citizens of the Russian Federation in jurors 1. Citizens of the Russian Federation (hereinafter referred to as citizens) have the right to participate in the administration of justice as a juror when the courts of first instance hear criminal cases involving jurors. The restriction of this right shall be established only by a federal law. 2. Participation in the administration of justice as jurors of citizens on the list of jurors is a civic duty. Article 3. Assizes for jurors 1. Members of the jury may be citizens included in the list of jurors and called for in the established Code of Criminal Procedure. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The jury and jury candidates cannot be: 1) who have not reached the age of 25; (2) having an uncleared or unconvicted criminal record; 3) declared by a court to be incompetent or restricted by a court of law; 4), consisting of treatment for alcoholism, drug addiction, substance abuse, chronic and addiction treatment of prolonged mental disorders. 3. To participate in the consideration of a specific criminal case by a court in accordance with the procedure established by the Code of Criminal Procedure of the Russian Federationas a (c) (1) suspected or accused of crimes; 2) who do not speak the language in which the proceedings are conducted; 3) having a physical or mental shortcomings in their full participation in the review A criminal court. Article 4. General and alternate lists of jurors for juries 1. The supreme executive body of the State authority of the constituent entity of the Russian Federation shall establish every four years the general and alternate lists of candidates for the jury, including the number of citizens required for the work of the relevant court. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2. The number of persons to be included in the general list of jurors of the constituent entity of the Russian Federation from each municipality should be approximately equal to that of the number of permanent residents in municipal education Citizens with permanent residence in the constituent entity of the Russian Federation. 3. The number of persons to be included in the reserve list of jurors is determined by the supreme executive body of the State authority of the constituent entity of the Russian Federation and shall be no more than one fourth of the number of jurors Assassessors to be included in the general list of jurors. 4. (Spconsumed by Federal Law of 27.12.2009) N 350-FZ) Article 5. The procedure and timing for drawing up lists of candidates on jurors 1. The President of the Court shall, at least three months before the expiry of the term of office of the members of the jury, who have previously been included in the general and reserve lists of candidates to the jury, shall make a statement to the head of the supreme executive body. The State authorities of the relevant constituent entity of the Russian Federation shall submit the number of candidates to the jury for the work of the court. 2. The highest executive body of the State authorities of the constituent entity of the Russian Federation shall, in accordance with article 4 of the present Federal Act, establish the procedure and timetable for the drawing up of lists of candidates to the juror. The executive and administrative bodies of the municipalities include the number of citizens to be included in the lists of jurors from the relevant municipalities. The number of eligible citizens may be exceeded by up to 10 per cent in the list of jurors. 3. The lists of jurors are prepared by the executive and administrative bodies of municipalities separately for each municipal entity of the constituent entity of the Russian Federation on the basis of personal data on the voters included in the Information resources of the State automated system of the Russian Federation "Elections", by random sample of assigned number of citizens. In so doing, the selected nationals are excluded from persons who cannot be jurors in accordance with article 3, paragraph 2, of this Federal Act. 4. The executive and administrative body of the municipality notifies the citizens ofwho reside in the territory of the relevant municipal education and notifies the public of the names of the candidates to the jury. Citizens included in the list of candidates for juries, and for two weeks, provides them with the opportunity to review the lists and consider their written applications for the exclusion of nationals from the lists of candidates jurors and rectification of juries against candidates in the (...) (...) (...) (In the wording of Federal Law 31.03.2005) N 26 F) 5. The qualified lists of candidates to the jury, signed by the heads of municipal entities, are submitted to the highest executive body of the State power of the constituent entity of the Russian Federation. (In the wording of Federal Law from 22.12.2008 N 265-FZ) 6. The supreme executive body of the state authority of the constituent entity of the Russian Federation, on the basis of the lists of candidates to the jury, draws up a general list of candidates for the names of candidates on the list of candidates A juror of the constituent entity of the Russian Federation, signed by the head of the supreme executive body of the State authority of the constituent entity of the Russian Federation, shall be sealed by the press. 7. At the same time as the general list of candidates for jury trial, the highest executive body of the State authorities of the constituent entity of the Russian Federation shall prepare a reserve list of candidates for juries. It includes only citizens who are permanently resident in the locality where the relevant court is located. 8. The head of the supreme executive body of the constituent entity of the Russian Federation and the press shall seal the spare list of candidates for the jury. 9. The general and alternate lists of jurors are published in the mass media of the relevant municipality and contain only the names, the names and the names of the candidates to the jury. 10. Citizens have the right to apply to the highest executive body of the State authority of the constituent entity of the Russian Federation, with written statements on the unjustified inclusion in the lists of candidates to the juror, of the exclusion of them from the lists. Remediation of inaccurate information about jurors held in these lists. 11. The supreme executive body of the constituent entity of the Russian Federation shall, within five days, consider the written statements and make decisions which may be appealed to the court in accordance with the procedure established by the civil society. by procedural law. 12. Changes and additions to the general and reserve lists of jurors are published in the mass media of the relevant municipality. 13. The executive-administrative body of the municipal entity and the supreme executive body of the State power of the constituent entity of the Russian Federation is obliged to inspect and, at the request of the President of the Court, each year (or at a shorter time). The need to amend and supplement, in accordance with the provisions of this article, the list of candidates to the jury, excluding those who have lost the right to be jurors, including those who have been selected. 14. The financial security of the transferred executive and administrative bodies of the municipalities of the State to draw up the lists of candidates to the jury shall be made from the federal budget in order and in size, OF THE PRESIDENT OF THE RUSSIAN FEDERATION The peculiarities of the order of the lists of lists candidates to jurors in cities of the federal significance of Moscow and St. Petersburg 1. The lists of jurors in the cities of the federal significance of Moscow and St. Petersburg shall be drawn up in accordance with this Federal Law, taking into account the peculiarities set out in this article. 2. In the cities of federal importance Moscow and Saint Petersburg, the lists of candidates to the jury are made up by the supreme executive body of the respective city of federal importance and (or) authorized by the executive The public authorities of the respective city of federal importance. 3. The laws of the federal cities of Moscow and St Petersburg have the power to compile lists of candidates to jurors. of the city of federal importance. 4. The general and reserve lists of jurors formed in the cities of Moscow and St. Petersburg, as well as amendments and additions made to them, are published in the mass media of the corresponding city of federal law The names and the names of the candidates to the jury are given. 5. The federal budget for the financial support of the lists of candidates to the jury in the cities of Moscow and St. Petersburg is provided in the order and sizes determined by the Government. OF THE PRESIDENT OF THE RUSSIAN FEDERATION N 265-FZ) Article 6. Duties of the officials and managers of the Reporting Organization for jurist lists 1. Officials and heads of organizations, regardless of their organizational and legal form, are obliged at the request of the executive and administrative bodies of the municipal education and the supreme executive body of the State authority of the constituent entity of the Russian Federation The Federation shall provide the information necessary to compile lists of candidates for juries. 2. Failure to provide the information necessary for the compilation of the lists of candidates to the jury, as well as for the provision of false information to the persons referred to in Part 1 of this article, shall be liable under the Code. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 7. Exclusion of citizens from the general and alternate list of jurors Citizens included in the general or alternate list of jurors are excluded from the lists by the highest executive The State authorities of the constituent entity of the Russian Federation: (1) the identification of the circumstances referred to in article 3, paragraph 2, of this Federal Act; (2) the submission by a citizen of a written statement of existence of circumstances preventing the performance of the duties of a juror, if It is: (a) a person who does not speak the language in which the proceedings are conducted; b) by a person who is unable to serve as a juror for the health status confirmed by medical records; (in) by a person who has reached the age of 65; g) a person who replaces public office or elective office in local government; d) military; d-1) a citizen who has been dismissed from Military service under a contract from the Federal Security Service, Federal law enforcement agencies or foreign intelligence agencies, within five years from the day of dismissal; (Sub-paragraph amended by Federal Law dated 25.11.2009 N 271-FZ ) e) a judge, prosecutor, investigator, person conducting initial inquiry, lawyer, notary, judicial officer or private investigator during professional activities and in 5 years from the date of its termination; (In the wording of Federal Law No. N 271-FZ ) e-1) with special rank of internal affairs officer, organs for control of traffic in narcotic drugs and psychotropic substances, customs authorities or bodies and institutions The penal correction system; (Sub-paragraph is amended by Federal Law of 25.11.2009. N 271-FZ ) e-2) a citizen dismissed from service in the bodies and institutions referred to in paragraph "e -1" of this paragraph, within five years from the day of dismissal; (Sub-paragraph amended by Federal Law dated 25.11.2009. N 271-FZ f) a clergyman. Article 8. The direction in the court of the general and emergency list of candidate lists of jurors 1. The general and emergency lists of candidates left by the highest executive body of the State of the Russian Federation shall be forwarded to the respective court no later than one month before the expiry of the term of office of the candidates. Members of the jury in the previously submitted general and alternate lists of jurors. 2. Changes made in the general and reserve lists of candidates to jurors pursuant to article 5, paragraph 13, of this Federal Act shall be submitted to the appropriate court within one week. 3. In the identification of the general and emergency lists of candidates to the court, the jurors of the persons referred to in article 3, paragraph 2, of this Federal Act or persons who have filed a written application for exclusion from the lists of jurors In accordance with article 7, paragraph 2, of this Federal Act, the President of the Russian Federation shall submit a submission to the highest executive body of the constituent entity of the Russian Federation, in accordance with article 7, paragraph 2, of this Federal Act. of the need to amend and supplement the general and alternate lists of jurors assessors. Article 9. (Spconsumed by Federal Law of December 29, 2010) N 433-FZ) Article 9-1. Candidates for a jury District Military Court 1. In the district (naval) military court, the supreme executive organs of the State authorities of the constituent entities of the Russian Federation, in the territory of which the court operates, shall, on the basis of the submission of the President of the relevant court, shall be sent general and a reserve list of jurors composed in accordance with the procedure established by articles 5 to 8 of this Federal Law. 2. In the district (naval) military court, all of the lists of candidates submitted to the jury shall consist of a single general and single alternate list of candidates for the jury of the court. 3. Candidates for trial by a jury to participate in the criminal proceedings of the district (naval) military court shall be selected by a random sample of the apparatus of the court from the single general and single alternate lists of jurors of the trial court. (Article padded to Federal Law of 27.12.2009) N 350-FZ) Article 10. The order and date of execution by a citizen of the duties of the juror 1. Citizens are called to serve in court by jury in accordance with the procedure established by the Code of Criminal Procedure of the Russian Federation. of the Federation, once a year for 10 working days, and if the criminal case initiated with the participation of the jurors is not completed by the time of expiry of that period-all the time of the examination of the case. 2. Candidates for juries summoned to a panel of juries but not selected on the panel of jurors and who were not released from serving on juries on the grounds provided for in articles 3 and 7 of the present report Federal law may be used to participate as jurors in another court session. Article 11. Entienation of jurors 1. During the time of the execution of the jury, the court shall pay him/her from the federal budget for compensation in the amount of one second of the salary of the judge of that court In proportion to the number of days of jury participation in the administration of justice, but not less than the average of the juror's assessors at the place of his or her main work during that period. 2. The jury shall be reimbursed by the Tribunal for travel expenses, as well as the transport costs of the journey to and from the seat of the court, in the order and amount established by law for the judges of the court. 3. The guarantee and compensation provided for in the labour legislation shall be preserved for the duration of the assessor by the juror during the execution of the duty of the administration of justice in the main place of work. The dismissal of a juror or his or her transfer to other work at the initiative of the employer during this period shall not be permitted. 4. The time for jury duty to perform justice is taken into account in the calculation of all length of service. Article 12. Guarantees of the independence and integrity of the juror 1. At the time of the trial, jurors are subject to guarantees of the independence and integrity of the judges established by the Constitution OF THE PRESIDENT OF THE RUSSIAN FEDERATION the deletion of the third, fourth and sixth paragraphs) and article 9, paragraph 1, article 10, article 10, paragraphs 1, 2, 5, 6, 7 and 8 of article 16 of the Act of 26 July 1992 No. 3132-I " On the status of judges in the Russian Federation", Federal Act No. 45 of 20 April 1995 on State protection of judges, law enforcement officials and and this Federal Act. 2. Persons who prevent a juror from performing their duties in the administration of justice shall be liable under the laws of the Russian Federation. Article 13. Final and transitional provisions 1. The lists of jurors for courts in which the law of the Russian Federation provides for the consideration of criminal cases with participation of jurors should be drawn up within three months from the date of entry into force. of this Federal Law. 2. Citizens who are included in the lists of jurors before the entry into force of this Federal Law shall retain their powers until the names of juries are drawn up in accordance with this Federal Law, and in the case of their members. Participation as jurors in criminal cases that cannot be completed before the expiry of this period, pending the outcome of these cases. 3. To be recognized as having lost force: 1) Title V of the RSFSR Act of 8 July 1981 on the organization of the judicial system of the RSFSR (Bulletin of the Supreme Soviet of the RSFSR, 1981, N 28, Art. 976); 2) section I, paragraph 5, of the Russian Federation Law of 16 July 1993, No. 5451-I "On amendments and additions to the Law of the RSFSR" The Russian Soviet Federative Socialist Republic (RSFSR), the Criminal Code of the RSFSR and the RSFSR Code on Administrative Offences (Congress of People's Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1993, N 33, art. 1313); 3) Article 1 of the Federal Law of 25 July 2002 N 116-FZ " On introducing amendments and additions to some legislative acts OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3033. President of the Russian Federation Vladimir Putin Moscow, Kremlin 20 August 2004 N 113-FZ