RUSSIAN FEDERATION FEDERAL LAW amending certain pieces of legislation of the Russian Federation in connection with the improvement of the activities of the examination Qualification for judges adopted by the State Duma on November 18, 2011 Approved by the Federation Council on 29 November 2011 class="ed">(In the federal law dated 08.03.2015 N 23-FZ) Article 1 Article 5 of the Russian Federation Law of 26 June 1992 N 3132-I " O OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1792; Legislative Assembly of the Russian Federation, 1995, No. 26, art. 2399; 2001, N 51, sect. 4834; 2005, N 15, sect. 1278; 2008, N 52, sect. The following changes: 1) add to paragraphs 2-1 and 2-2 as follows: " 2-1. In order to determine whether a candidate has the knowledge, skills and qualifications required for the position of a judge in a certain type and level, examination boards are appointed to take the qualification examination Judges (hereinafter referred to as the examining boards). 2-2. The procedure for the formation of the examining boards, their powers and the procedure for the adoption of the qualification examination for the position of a judge are determined by the Federal Act No. 30 of 14 March 2002 on the organs of the judiciary in the Russian Federation. " 2), paragraph 4 should be redrafted to read: " 4. Qualification examination for the position of judge is taken by the High Examination Committee on the appointment of a qualification examination for the position of a judge in the event that the recommendation of the candidate is made by the Higher Qualification Collegium OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation. The qualification examination for the post of judge of the Arbitration Court of St. Petersburg and Leningrad Region is taken by the examination board of the city of St. Petersburg in the reception of the qualification examination for the position of judge. "; (3) Paragraph 5 should read: " 5. The qualification examination for the position of a judge shall be given to citizens who are not judges, except for citizens who have a PhD degree or degree of doctorate in law, and who have been awarded an honorary title "Honoured Lawyer of the Russian Federation". The results of the qualification examination shall be valid for three years after the completion of the examination, and after the appointment of a national as a judge, for the entire duration of his or her term as a judge. "; "(shall not be submitted by citizens who do not pass the qualifying examination for the position of a judge under paragraph 5 of this article)." Article 2 href=" ?docbody= &prevDoc= 102152621&backlink=1 & &nd=102075267 " target="contents"> dated 14 March 2002 N 30-FZ OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1022; 2003, N 27, sect. 2710; 2004, N 33, sect. 3369; 2005, N 15, sect. 1278; 2008, N 52, sect. 6229; 2009, N 29, sect. 3594; N 30, sect. 3736; N 45, sect. 5264; N 48, sect. 5746; 2010, N 50, Text 6604) the following changes: 1) Article 3, paragraph 2, complete with the following paragraphs: " High Examination Commission on the Qualification Examinations for a Judge; Examiners of the Russian Federation for the appointment of a qualifying examination for a judge. "; 2), article 5, paragraph 2, should read: " 2. Judges ' Councils, Qualification Colleges of Judges, Higher Examination Committee for Examining the Qualification Examinations of Judges and Examination Commissions of the Subjects of the Russian Federation (hereinafter referred to as the examining boards) shall be shaped by the principles of electivity, turnover and accountability to the bodies that have chosen them. Qualification boards of judges and boards of examiners are not accountable to the bodies that elected them for the decisions taken. "; 3) Paragraph 1 of Article 6, paragraph 1, after the words" Qualification Colleges of Judges "to be supplemented by the words" and the examination "; 4) Paragraph 2 of Article 7, after the words" Qualification Colleges of Judges "to be supplemented by the words" and examination boards "; 5) in article 10: (a), add the following: " 3-1) elects the members of the High Examination Committee on Admission Qualification examination for the position of judge (hereinafter referred to as the Higher Examination Commission) instead of the outgoing judges; "; (b) paragraph 4, add the following sentence to paragraph 4: " (4) elect members Examination commissions of the constituent entities of the Russian Federation for the appointment of judges (hereinafter referred to as the examining boards of the constituent entities of the Russian Federation), instead of those that have left in the period between the conferences of the judges. "; 6) supplement Article 11-1 as follows: " Article 11-1. Formation of examining boards for qualifying examination for the post referee 1. Examination boards of the qualification examination for the post of judge shall be composed of: 1) judges of the courts of general jurisdiction and judges of arbitral tribunals, with the number of judges of the courts of general jurisdiction and the number of judges of arbitral tribunals in The composition of the relevant examination board shall be equal to at least three quarters of the total number of members of the examination board; 2) teachers of the legal disciplines in the higher education institutions of professional education, scientific workers with degrees Legal professions, representatives of All-Russian public associations of lawyers who exercise the powers of members of the boards of examiners on a fee-paying basis. 2. In the event that there is no arbitral tribunal on the territory of the constituent entity of the Russian Federation or it is impossible to ensure equal representation of the judges of the ordinary courts and the judges of the arbitral tribunals in the examination commission of the constituent entity of the Russian Federation The Federation, in view of the insufficient number of judges of the arbitral tribunals, is determined by the rules of procedure of the examination committee. 3. The members of the examining board may not be members of the boards of examiners of different levels and the members of the qualification board of judges of equal level. 4. Members of the examination commission-representatives of higher vocational education institutions, scientific organizations, All-Russian public associations of lawyers in the exercise of their powers are not bound by the decisions of these institutions, organizations and voluntary associations, and the withdrawal of the members of the examination board is not permitted. 5. The Higher Examination Commission is formed in the number of 21 members of the commission. The members of the commission are elected according to the following rules of representation: 1) from the judges of the courts of general jurisdiction-eight members of the commission; 2) from the courts of arbitration-eight members of the commission; 3) from the faculty four members of the commission; 4) from All-Russian public associations of lawyers One member of the commission. 6. Members of the boards of examiners of the constituent entities of the Russian Federation are elected by the conferences of the judges of the constituent entities of the Russian Federation in the number and in the manner determined by the conferences of the judges in accordance with their rules of procedure, taking into account the need Representation in these commissions of the judges of the supreme courts of the republics, regional courts, regional courts, courts of federal cities, courts of autonomous regions and courts of autonomous regions, arbitral tribunals of the constituent entities of the Russian Federation, district courts, as well as professors of the legal subjects of education The institutions of higher vocational education, scientific workers with degrees in law and representatives of All-Russian public associations of lawyers. 7. From the judges of the arbitration courts, members of the examination board of the city of St. Petersburg are elected from among the judges of the Arbitration Court of St. Petersburg and Leningrad region. 8. The delegates of the All-Russian Congress of Judges elect the members of the Supreme Examination Committee by secret ballot. Elected: 1) for judges-in separate assemblies of delegates from the judges of the ordinary courts and from the judges of the arbitral tribunals, respectively, by the President of the Supreme Court of the Russian Federation and the President of the Supreme Court of the Russian Federation, respectively OF THE PRESIDENT OF THE RUSSIAN FEDERATION The judges who obtain the largest number of votes of delegates who have taken part in the voting shall be considered as elected, provided that more than half of the delegates to the Congress from the relevant courts participate in the voting; 2) in respect of Other members of the Commission, upon presentation by the President of the Supreme Court of the Russian Federation and upon the submission of the President of the Supreme Arbitration Court of the Russian Federation, based on the offers made by the Russian Federation institutions of higher vocational education, scientific organizations, All-Russian public associations of lawyers. 9. Representatives of the Conferences of the Judges of the Russian Federation shall elect the members of the examining boards of the constituent entities of the Russian Federation by secret ballot. Elected is: 1) for judges-on the proposal of the President of the Supreme Court of the Republic, the Regional Court, the Regional Court, the City Court of the Autonomous Region, the Autonomous District Court and the Presentation of the Autonomous Region. OF THE PRESIDENT OF THE RUSSIAN FEDERATION city of federal significance, autonomous court of the court, the autonomous court of the Permanent Mission of the Russian Federation to the constituent entities of the Russian Federation Public associations of lawyers. 10. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The chairman of the arbitration court of the constituent entity of the Russian Federation shall submit not less than two candidates for each seat of the examining board member. 11. The procedure for the submission of candidates for examination commissions shall be established by the rules of the All-Russian Congress of Judges and Conferences of Judges of the constituent entities of the Russian Federation and, in the cases provided for in paragraph 13 of this article, by regulations. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 12. The powers of a member of the examining commission from among the judges may be terminated early on his or her initiative, or in case of a disciplinary offence, or if he is absent from the meeting of the examining board within four months No good reason. The powers of the other members of the examining boards may be terminated early on either their initiative or in the event of the commission of offences or administrative offences established by the acts of the competent authority which have entered into force, or if they are absent from the meetings of the examination committee for four months without valid reasons. The decision on the early termination of the powers of the members of the examining boards is taken by the Congress (conference) of the judges, and in the period between the congresses (conferences) of the judges, the corresponding council of judges. In case of early termination of the powers of a member of the examining board, the election commission of another person shall be elected by the respective board of judges for the term of office of the examining committee. 13. Boards of examiners shall elect from among their members the chairman of the examination board and the vice-chairperson (s) of the examining board. The Secretary of the Examination Committee is a member of the Judicial Department of the Supreme Court of the Russian Federation or an employee of the body of the Supreme Court. The Secretary of the Examination Committee in taking decisions of the examining board shall not participate. "; 7), article 13, paragraph 1, should read: " 1. The Council of Judges of the Russian Federation, the Supreme Qualification Collegium of the Judges of the Russian Federation, the Qualification Colleges of the Judges of the constituent entities of the Russian Federation, the Supreme Examinations Board and the Examinations The constituent entities of the Russian Federation are elected for four years. "; 8) to supplement article 14 with paragraph 4, reading: " 4. The organization of the work of the Higher Examination Commission, the examination commissions of the constituent entities of the Russian Federation is governed by the relevant regulations approved by the High Examination Committee. "; editions: " Article 16. Interaction of the judiciary 1. The judges 'boards, the judges' qualification boards and the examining commissions exchange the necessary information on their activities. 2. The Council of the Russian Federation and the Presidium of the Council of the Russian Federation, the Supreme Qualification Collegium of the Judges of the Russian Federation and the Presidium of the Supreme Qualification Collegium of the Judges of the Russian Federation, Higher Examinations Commission OF THE PRESIDENT OF THE RUSSIAN FEDERATION 3. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Qualification Collegium of the judges of the Russian Federation and the Higher Examining Commission. "; 10), paragraph 2 (2) of article 19, to declare void; 11) to supplement Chapter III-1 with the following content: " CHAPTER III-1. AUTHORITY COMMISSIONS AND Article 26-1 CONVENIATION . Powers of examination boards 1. The Higher Examination Commission shall take the examination of a candidate for the position of a judge in the event that the opinion on the recommendation of the candidate for this position falls within the competence of the High Qualification Collegium of the Judges of the Russian Federation. 2. The Examination Committee of the constituent entity of the Russian Federation shall take the examination of a candidate for the position of a judge in the event that the opinion on the recommendation of the candidate for this post relates to the competence of the Qualification Collegium of the Judges of the Russian Federation THE RUSSIAN FEDERATION 3. The Higher Examination Commission provides general guidance to the examining commissions of the constituent entities of the Russian Federation. The guidelines of the Higher Examination Commission are binding on the examining boards of the constituent entities of the Russian Federation. 4. The High Examination Committee shall approve the regulations of the boards of examiners. Article 26-2. Organization of the boards of examiners 1. The examination commission shall be organized by the chairman of the examination commission or on his behalf by the Vice-President of the examining board or a member of the examining board. 2. The Examination Committee has the authority to take the qualifying examination for the post of judge, with at least one half of its composition. At the same time, judges shall be at least half of the members present in the qualification examination of the members of the commission. Article 26-3. The procedure for holding the qualification examination for the position of judge and the procedure for determining the assessment of the candidate for the position of judge 1. The procedure for the qualification examination for the position of judge and the procedure for determining the qualifications of the candidate for the position of a judge shall be established by the rules of examination commissions in accordance with the provisions of this Federal Law. 2. Examination Commissions take the qualification examinations for candidates for the position of judge on the examination tickets issued by the High Examination Commission in consultation with the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation. 3. Examination tickets are prepared separately for candidates for the post of judge of the court of general jurisdiction and candidates for the post of judge of the arbitral tribunal, should contain three theoretical questions on various branches of law, two tasks on issues Judicial practice and written work on the preparation of a procedural document on the layout of the case. The tasks prepared by the candidate and the draft procedural document on the layout of the case are attached to the minutes of the examination board meeting and are kept in the files of the examination commission for at least four years. 4. The Examination Committee shall issue a certificate of the results of the qualifying examination to the person who has passed the qualifying examination for the post of judge. The results of the qualification examination for a judge shall be recognized as valid within three years from the date of the qualifying examination. 5. The status of the qualification examination for the post of judge and the results thereof shall be reflected in the report signed by the President of the Examination Committee and the Secretary of the Examination Committee. 6. A candidate at his request shall be granted a statement from the record of the surrender of a candidate for the post of judge of the qualifying examination. 7. A candidate who fails to qualify for a judge may apply to the examining board for a second time with an application for admission to the qualifying examination not earlier than six months after the qualifying examination. the examination. 8. In case of refusal of a candidate to take the qualifying examination for the post of judge, the decision must be motivated and written in writing. Article 26-4. Appeals against decisions of examination boards 1. The candidate for the position of judge may appeal against the decision of the examining board to the court within ten days from the date of receipt of the certificate of the results of the qualifying examination for the post of judge. The decisions of the Higher Examination Commission are to be appealed to the Supreme Court of the Russian Federation. The decisions of the examining commissions of the constituent entities of the Russian Federation shall be appealed to the supreme courts of the republics, regional courts, federal courts, courts of federal cities, courts of autonomous oblast and courts of autonomous regions. 2. The decisions of the examining boards relating to the evaluation of candidates ' knowledge for the position of a judge can only be appealed on grounds of violation of the procedure for making these decisions or on the grounds of a violation of other relevant qualifications. the requirements test. 3. The candidate for the position of judge has the right to appeal against the decision of the examining board to refuse admission to the qualification examination for the post of judge, as well as the action (inaction) of the examination board, which results in the candidate for the post The judges were not allowed to take the qualifying examination. "; 12), article 27, paragraph 2, should read: " 2. The Council of the Russian Federation, the Supreme Qualification Collegium of the Judges of the Russian Federation and the Higher Examination Commission provide guidance to the relevant bodies of the judiciary in their activities. "; After the words "Presidium of the Supreme Qualification Collegium of the Judges of the Russian Federation", article 28 should be supplemented by the words ", the High Examination Committee on the appointment of a qualification examination for the position of judge"; 14). , to read: " Article 28-1. Disbursements to teachers of the legal disciplines of the higher educational institutions of higher education and scientific workers who have a degree in law degree in law, Representatives of the Russian Public Associations lawyers for participation in the examination boards 1. Academics of higher professional education, researchers with a degree in the legal profession, representatives of Russian public associations of lawyers are paid to teachers of higher vocational education. remuneration for participation in the boards of examiners, as well as reimbursement of expenses related to the assignment of them to the boards of examiners, in the order and in the amounts determined by the Government of the Russian Federation THE RUSSIAN FEDERATION 2. For teachers of the legal disciplines of higher vocational education, academic researchers with a degree in law, and representatives of All-Russian public associations of lawyers The time of their participation in the examination commission remains the guarantees and compensation provided by the main place of work in accordance with the labor law. ". Article 3 Commit to Civil Procedure Code of the Russian Federation (Russian Federation Law Assembly, 2002, N 46, Art. 4532; 2005, N 30, sect. 3104; 2009, N 45, sect. 5264; 2010, N 18, sect. 2145), the following changes: 1) (Spspent force-Federal Law of 08.03.2015 N 23-FZ) 2) Part one of article 27 to supplement paragraph 3-1 with the following: " 3-1) on challenges to the decisions of the High Examination Committee on the recruitment of a judge on the grounds of Violation of the procedure for the qualification examination and its decisions to refuse admission to the post of judge, as well as to challenge the actions (omissions) of the High Examination Committee on the Qualification Examination for the position of judge in which a candidate for a judge is not a judge was allowed to pass the qualifying examination; ". Article 4 Financial provision of consumables relating to the implementation of article 5 of the Russian Federation Law dated June 26, 1992, N 3132-I " On the status of judges in the Russian Federation " (in the wording of this Federal Law), articles 3, 5-7, 10, 11-1, 13, 14, 16, chapters III -1, articles 27, 28, 28-1 of the Federal Law N 30-FZ" On the judiciary in the Russian Federation "(as amended by this Federal Law), articles 26 and 27 Civil Procedure Code of the Russian Federation (in the wording of this Federal Law) is carried out within the budget appropriation provided for in the Federal budget for the corresponding fiscal year and on The Judicial Department of the Supreme Court of the Russian Federation has a planning period for the judicial community. Article 5 1. This law shall enter into force on the date of its official publication. 2. Examination commissions consisting of the relevant qualification board of judges formed before the date of the entry into force of this Federal Law shall exercise their powers until the completion of the formation of the Higher Examination Commission. The eligibility of the judges and examining boards of the constituent entities of the Russian Federation for the appointment of a judge in accordance with Parts 3 and 4 of this article. 3. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 30-FZ "On the bodies of the judiciary in the Russian Federation" (in the wording of this Federal Law), within three months from the date of the entry into force of this Federal Law, the members are elected by the Higher Examinations, respectively. on the appointment of a judge and of the Examination commissions of the constituent entities of the Russian Federation for the appointment of judges who exercise their powers until the completion of the relevant examination commissions by the All-Russian Congress of Judges and OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. Before the introduction to the rules of procedure of the All-Russian Congress of Judges and Regulations of Conferences of the Judges of the Conferences of the constituent entities of the Russian Federation, amendments concerning the establishment of the Federal Law N 30-FZ" On the judicial community in the Russian Federation " (as amended by this Federal Law) The composition of the respective boards of examiners, such arrangements shall be established. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5. Examination commissions consisting of the relevant qualification board of judges formed before the day of the entry into force of this Federal Law shall transmit all documentation, including archives, to the newly formed Exam. of the Russian Federation for the appointment of judges and examining boards of the constituent entities of the Russian Federation. 6. The results of the qualification examination for the post of judge obtained before the date of the entry into force of this Federal Law shall be valid for three years from the date of the qualifying examination. President of the Russian Federation Dmitry Medvedev Moscow, Kremlin 3 December 2011 N 388-FZ