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On Amendments To Certain Legislative Acts Of The Russian Federation In Connection With The Improvement Of Legislation On Disciplinary Liability Of Judges

Original Language Title: О внесении изменений в отдельные законодательные акты Российской Федерации в связи с совершенствованием законодательства о дисциплинарной ответственности судей

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RUSSIAN FEDERATION FEDERAL LAW amending certain pieces of legislation of the Russian Federation in connection with the improvement of disciplinary legislation the judges ' liability Adopted by the State Duma on 23 October 2009 Approved by the Federation Council on 30 October 2009 Article 1 Article 1 Article 1 href=" ?docbody= &prevDoc= 102133609&backlink=1 & &nd=102017065 " "On the status of judges in the Russian Federation", dated 26 June 1992, "On the status of judges in the Russian Federation". 1792; Legislative Assembly of the Russian Federation, 1995, No. 26, art. 2399; 2001, N 51, sect. 4834; 2004, N 35, sect. 3607; 2005, N 15, st. 1278; 2007, N 31, est. 4011; 2008, N 52, sect. 6229; 2009, N 26, sect. 3124) the following changes: 1) the fourth paragraph of article 12, paragraph 1, should be supplemented with the following sentence: " The decision of the relevant judges ' qualification board on early termination of powers of a judge may be appealed in Disciplinary court presence in accordance with federal constitutional law. "; 2) in article 13: (a) the title to be supplemented by the words" and the resignation of a judge "; b) Judges "to supplement the words and the resignation of the judge"; , paragraph 2, after the words "the powers of the judge" to add the words "and the resignation of a judge"; , paragraph 3, to read: " 3. The decision to reinstate the judge or the resignation of a judge shall be taken by the Qualification Collegium of the Judges, who has suspended the powers of the judge or the resignation of a judge. "; Qualification Collegium of judges in the place of former employment or permanent residence of a retiring judge, having established that it no longer meets the requirements of the judges in this Act ceases the resignation of a judge and, in the case of under article 13 of this Law, suspends the resignation of a judge. The judge whose resignation is suspended or terminated is entitled to appeal against this decision in the manner prescribed by the Federal Act of 14 March 2002 on the Judicial Community in the Russian Federation. "; Article 16 is no more effective. Article 2 Amend the Federal Law of 8 January 1998 No. 7-FZ " On the Judicial Department of the Supreme Court of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 223; 2004, N 49, sect. 4842) the following changes: 1) in article 5: (a) the name after "judicial community organs" to be supplemented with the words ", Disciplinary Judicial Presence"; b) in paragraph 1 of the word " and the judiciary replace by the words ", the judiciary and the Disciplinary Judicial Presence"; in) in the first paragraph of paragraph 2, the words "and the judiciary" shall be replaced by the words ", the judiciary and Disciplinarnoleg judicial presence "; (2) in article 6, paragraph 1, subparagraph 4, of the words" and of the judicial community "to replace the words", the judiciary and the Disciplinary Judicial Presence. " Article 3 Article 3 Amend the federal law N 30-FZ " On the organs of the judiciary in the Russian Federation " (Russian legislature, 2002, N 11, p. 1022; 2004, N 33, est. 3369; 2005, N 15, sect. 1278; 2008, N 52, sect. 6229; 2009, N 29, sect. (3594) The following changes: 1) in article 17, paragraph 2 (4), of the word "ceases to resign" by the words "suspends, renews or ceases to resign"; (2) in article 19, paragraph 2, of the word "shall terminate" "shall be suspended, renewed or terminated"; (3) Article 26 should read " Article 26. Appeals against the decisions of the qualifying Collegium of Judges 1. The decision taken by the judges 'qualification board may be appealed in court or to the Higher Qualification Collegium of the Judges of the Russian Federation (in respect of decisions of the judges' qualification boards) by a person, the relation to which it is adopted. 2. Decisions of the Higher Qualification Collegium of the Judges of the Russian Federation and the Qualification Colleges of the Judges of the Russian Federation on suspension or termination of the powers of judges, disciplinary proceedings, suspension The termination of the resignation of the judges or the refusal of judges ' recommendations may be appealed by the persons concerned within ten days from the date of receipt of the copy of the decision. 3. Decisions of the Higher Qualification Collegium of the Judges of the Russian Federation and the Qualification Colleges of the constituent entities of the Russian Federation on suspension or termination of the powers of judges (with the exception of decisions to terminate the powers of judges for the commission of or termination of their resignation may be appealed to the Supreme Court of the Russian Federation. 4. Decisions of the High Qualification Collegium of the Judges of the Russian Federation on the involvement of judges in disciplinary proceedings (with the exception of decisions to terminate the powers of judges for disciplinary offences), the suspension of the dismissal of judges, and the rejection of the recommendations of judges may be appealed to the Supreme Court of the Russian Federation. The decisions of the qualification boards of the judges of the constituent entities of the Russian Federation can be appealed to the respective supreme courts of the republics, regional courts, federal courts and courts of federal importance Autonomous Regions and the Courts of the Autonomous Regions. 5. Decisions of the Higher Qualification Collegium of the Judges of the Russian Federation and the qualification boards of judges of the constituent entities of the Russian Federation on early termination of the powers of judges for disciplinary offences may be appealed in Disciplinary court presence, in accordance with the federal constitutional law. The President of the Supreme Court of the Russian Federation and the President of the Supreme Arbitration Court of the Russian Federation may appeal to the Disciplinary Judicial Presence the refusal of the Supreme Qualification Collegium of the Russian Federation, or OF THE PRESIDENT OF THE RUSSIAN FEDERATION 6. In accordance with paragraphs 1 and 2 of this article, the other qualification of the judges ' qualification boards may be appealed only for reasons of violation of the procedure for rendering them. 7. The decisions of the judges ' qualification boards shall enter into force from the moment of their reading. The decisions of the judges ' qualification boards are pronounced immediately after adoption. ". Article 4 Article 27, paragraph 3 of article 27 " (3) challenge of the suspension or termination of the powers of the judges, or the suspension or termination of their resignation (except in cases of termination of the powers of the judges for the commission of the offence). of their disciplinary offences); ". Article 5 Paragraph 35 of article 1, paragraph 13, of the Federal Act of 15 December 2001 169-FZ " On introducing amendments and additions to the Law of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4834) be declared invalid. Article 6 This Federal Law shall enter into force after a hundred and twenty days after the date of its official publication. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 9 November 2009 N 246-FZ