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On Amending The Law Of The Russian Federation On The Status Of Judges In The Russian Federation "

Original Language Title: О внесении изменений в Закон Российской Федерации "О статусе судей в Российской Федерации"

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RUSSIAN FEDERATION FEDERAL LAW On Amendments to the Law of the Russian Federation "On the Status of Judges in the Russian Federation" Adopted by the State Duma on 21 June 2013 Approved by the Federation Council on 26 June 2013 Enact the Law of the Russian Federation of 26 June 1992 No. 3132-1 on the status of judges OF THE PRESIDENT OF THE RUSSIAN FEDERATION of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, 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; 2008, N 52, sect. 6229; 2009, N 26, sect. 3124; N 45, sect. 5264, 5266; 2011, N 48, st. 6731; 2012, N 53, sect. 77594; 2013, N 9, est. 2329) The following changes: 1) Article 12-1, amend to read: " Article 12-1. Disciplinary liability of judges 1. For the commission of a disciplinary offence, i.e. the act of omission in the performance of official duties or in outside activities, which resulted in the violation of the provisions of this Law and the (or) code of judicial ethics, The disciplinary penalty may be imposed on judges, except for the judge of the Constitutional Court of the Russian Federation, which has been approved by the All-Russian Congress of Judges, which has entailed the diminuting of the authority of the judiciary and the damage to the reputation of the judge, with the exception of the judge of the Constitutional Court of the Russian Federation type: 1) comments; 2) warnings; (3) the early termination of the judge's powers. 2. The disciplinary sanction shall take into account the nature of the disciplinary offence, the circumstances and consequences of the misconduct, the form of the fault, the identity of the judge who has committed the disciplinary offence and the degree of violation (omission) of the judge the rights and freedoms of citizens, the rights and legitimate interests of the organizations. 3. A disciplinary measure of reprimand may be imposed on a judge in the light of the minor nature of the disciplinary offence, if the qualification board of the judges concludes that it is possible to limit himself to the verbal censure of the acts (omissions) Judges. 4. A disciplinary measure of discipline may be imposed by the judge for disciplinary action if the qualification board concludes that a disciplinary sanction cannot be applied to a judge in the form of a reprimanded or a judge. If the judge had previously been subject to disciplinary action. 5. A disciplinary penalty of early termination of a judge's powers may be imposed on a judge in exceptional cases for substantial, guilty, incompatible with a high rank of judge, in violation of the provisions of this Law and (or) of the Judicial Code. " Ethics, including for violations of these provisions in the administration of justice, if such a violation has resulted in the distortion of the principles of the proceedings, gross violation of the rights of the participants in the trial, shows that the implementation cannot continue by a judge of their powers and established by a court that has entered into force an act of a higher court or a judicial act issued upon application to expedite the consideration of a case or an award of compensation for violation of the right to legal proceedings within a reasonable period of time. 6. The decision to impose a disciplinary measure on a judge may not be taken after six months from the date of the detection of the disciplinary offence, except for the period of temporary incapacity for work of the judge, the time of the judge's leave and the time and on the expiry of two years from the date on which the disciplinary offence was committed. 7. The decision to impose a disciplinary penalty on the judge, with the exception of a judge of the Constitutional Court of the Russian Federation, shall be taken by the qualification board of judges, whose competence is to consider the termination of this authority The judge may, at the time of the adoption of the decision, appeal to the court in accordance with the procedure established by federal law. The decision of the judges ' qualification board to terminate the powers of a judge may be appealed to the Disciplinary Judicial Presence in accordance with the federal constitutional law. 8. If the judge did not conduct a new disciplinary offence in the course of the year following the imposition of a disciplinary sanction, he or she shall be deemed not to have been subject to disciplinary action. 9. The procedure for discipling judges of the Constitutional Court of the Russian Federation is determined by the Federal Constitutional Law "On the Constitutional Court of the Russian Federation". "; (2) in article 14: (a) Paragraph 1 supplement subparagraph 13 reading: "13) to the commission by a judge of a disciplinary offence for which a disciplinary sanction has been imposed by a decision of the judges ' qualification board in the form of early termination of the judge's powers."; b), paragraph 2 after the digits "6-11" to complete the numbers ", 13"; 3) in article 15: (a), paragraph 6, amend to read: " 6. The judge's resignation shall be discontinued in the case of: (1) after the dismissal of a judge in the exercise of the powers of a judge who is the basis for the imposition of a disciplinary penalty in the form of an early termination of powers Judges in accordance with paragraphs 1 and 5 of Article 12-1 of this Law, if not expired, established by paragraph 6 of Article 12-1 of this Law; 2) failure to comply with the prohibitions and restrictions provided for in Article 3, paragraphs 3 and 4 of this Law; 3) substantive, guilty, incompatible with high The rank of judge of violation of the provisions of this Law and (or) a code of judicial ethics discrediting the honor and dignity of the judge, diminishing the authority of the judiciary; 4) engaging in activities incompatible with the status of a judge; 5) The entry into force of the court verdict against the judge; 6) the death of the judge or the entry into force of the court's decision to declare him dead. "; (b) paragraph 7, amend to read: " 7. The decision to terminate the judge's resignation or to suspend the resignation of a judge, in the cases provided for in article 13 of this Law, shall be decided by the appropriate panel of judges on their own initiative at the place of previous work, or The permanent residence of a judge who is a retired judge, or on the representation of a body of the judiciary or the president of the court, at the place of previous work of a judge who is retired. The decision of the Qualification Board of Judges may be appealed by the judge in accordance with the Federal Act No. 30 of 14 March 2002 on the judiciary in the Russian Federation. "; editions: " 8. The resignation of a judge shall also be suspended if he is reappointed (election) as a judge, except in the case of the appointment (election) of a judge, who is retired, a judge of the constitutional (charter) court of the constituent entity of the Russian Federation. " President of the Russian Federation Vladimir Putin Moscow, Kremlin 2 July 2013 N 179-FZ