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Amending Articles 4 And 5 Of The Law Of The Russian Federation "on The Status Of Judges In The Russian Federation And The Federal Law On The Bodies Of The Judicial Community In The Russian Federation"

Original Language Title: О внесении изменений в статьи 4 и 5 Закона Российской Федерации "О статусе судей в Российской Федерации" и Федеральный закон "Об органах судейского сообщества в Российской Федерации"

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RUSSIAN FEDERATION FEDERAL LAW On Amendments to Articles 4 and 5 of the Russian Federation's Law on the Status of Judges in the Russian Federation and Federal About Organs Judicial community in the Russian Federation " adopted by the State Duma on 27 March 2015 Approved by the Federation Council on 1 April 2015 Article 1 class="doclink "href=" ?docbody= &prevDoc= 102370124&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; 2005, N 15, sect. 1278; 2008, N 52, sect. 6229; 2011, N 49, sect. 7066; N 50, sect. 7364; 2013, N 27, est. 3477; 2014, N 11, st. 1094; N 52, sect. 7542) the following changes: 1) Article 4, paragraph 1 (1), amend to read: " (1) Higher legal education with a degree in law or higher education in the direction of training "Jurisprudence" of qualification (degree) "Master" in the presence of a bachelor's degree in the direction of "Jurisprudence"; "; (2) in article 5: (a), paragraph 2-1, amend to read: " 2-1. In order to determine the theoretical knowledge, practical skills and enforcement skills of a candidate for the position of judge, the judges of certain types, systems and levels shall form the examination On the appointment of the qualifying examination for the position of judge (hereinafter referred to as the examiners). "; b), paragraph 3 should read as follows: " 3. Any citizen who has attained the age of legal age determined by this Law, having a degree in law or higher education in the field of study "Jurisprudence" (degree) "Master", if available Bachelor's degree in the direction of "Jurisprudence", the required length of service in the legal profession and the non-disqualification of judges, the right to pass the qualifying examination for the position of judge by the applicant for the position of judge. to the relevant examining board with an application for surrender of the qualifying examination. In addition to the said application to the examination commission, it is submitted: original of the identity document of the candidate as a citizen of the Russian Federation and its copy; proforma containing biographical information about the candidate Proposer; original and a copy of the document confirming the higher legal education of the candidate in law or higher education in the direction of "Jurisprudence" (degree) "Master", if available Bachelor's degree in Jurisprudence; copy of the employment record or other documents confirming the employment of the candidate certified in accordance with the established procedure; document on the absence of any candidate who prevents the appointment of a judge. The Examination Committee shall not be entitled to refuse a qualifying examination for a judge to a citizen meeting the requirements of federal laws and submitting documents and copies thereof referred to in this paragraph. "; (c) Paragraph 4 of the first paragraph should 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 Paragraph 5 should read: " 5. The qualification examination for the post of judge is given to non-judges and judges who have been retired for more than three consecutive years, with the exception of nationals who have a Ph.D. or a Ph.D. "Honoured Lawyer of the Russian Federation", as well as judges who are retired and involved in the administration of justice in accordance with the procedure established by article 7-1 of this Law. The results of the qualifying examination shall be valid for three years after the date of delivery, and after the appointment of a national to the post of judge, for the entire duration of his or her term as a judge and for three consecutive years, (d) Paragraph 6, subpara. 3, para. 6, state: " 3) the original of the document confirming the highest legal education of the applicant in the field of law or law Training in "Jurisprudence" of qualification (master's degree) with a bachelor's degree in the direction of "Jurisprudence"; ". Article 2 Enroll Federal Law of 14 March 2002 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1022; 2011, N 49, sect. 7066; 2013, N 27, sect. 3477; 2014, N 11, st. 1094) The following changes: 1) Article 11-1 should be redrafted to read: " Article 11-1. Formation of examining boards for qualifying examination for the position of judge 1. The Higher Examination Committee for the Qualification Examination for a Judge is formed in the number of twenty-one members of the commission. The members of the commission are elected according to the following rules of representation: 1) from the Supreme Court of the Russian Federation-five members of the commission; 2) from the judges of the general jurisdiction-five members of the commission; 3) from the judges Arbitration courts-five members of the commission; 4) from law professors of higher education and academics who have a Ph.D. or Ph.D. Four members of the commission; 5) from All-Russian public associations Legal officers-two members of the commission. 2. The examination commissions of the constituent entities of the Russian Federation are appointed by the judges of the courts of general jurisdiction and the judges of the arbitral tribunals, and are composed of: 1) The number of judges of the courts of general jurisdiction should be equal to the number of arbitrators and together they must be at least three-fourths of the total number of members of the examination board; 2) the legal disciplines of higher education, scientific workers, The degree of Candidate of Legal Sciences or Doctor of Law, representatives of All-Russian public associations of lawyers, who exercise the powers of members of examining boards on a fee-paying basis. 3. 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. 4. 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. 5. Members of the examination committee-representatives of educational institutions of higher education, 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 The members of the boards of examiners are not allowed to recall. 6. Members of the boards of examiners of the constituent entities of the Russian Federation are elected by conferences of the judges of the constituent entities of the Russian Federation in the number and 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, federal courts, courts of autonomous regions, courts of autonomous regions, arbitration courts of the constituent entities of the Russian Federation, judges, as well as professors of the legal subjects of the educational system organizations of higher education, scientific workers with degrees of legal sciences or doctor of 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. The election is: 1) for judges, in separate assemblies of delegates from the judges of the ordinary courts and from the judges of the arbitral tribunals, upon the proposal of the President of the Supreme Court 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, which is based on the proposals of the higher education organizations, scientific organizations and All-Russian public in the examination of the proposals of the President of the Supreme Court of the Russian Federation. Associations of the legal profession. 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 Convention on the Rights of the Associations of the legal profession. 10. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The federations represent at least two candidates for each member of the examination board. 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 board may be terminated early on his or her initiative, either in the event of a disciplinary offence, or in the event of a termination of the judge's powers, or if he is absent from the sessions of the examining body for four months without valid reasons. The powers of another member of the examining board may be terminated early on his or her initiative, either in the event of having committed an offence established by a court ruling that has entered into force or, if absent, at meetings of the examining body for four months without valid reasons. The decision on the early termination of the powers of the member of the examining board shall be 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. The submission on the early termination of the powers of a member of the examining board and the election of a person to the examining board of the other person in the period between the congresses (conferences) shall be submitted to the respective board of judges by the presiding judges of the courts, In paragraph 10 of this article, The decision on early termination of the powers of a member of the High Examination Committee between All-Russian Congress of Judges is taken by the Council of Judges of the Russian Federation. In case of early termination of the powers of a member of the High Examination Committee, election to the Higher Examination Commission of another person between All-Russian Judges ' congresses is carried out by the Council of Judges of the Russian Federation for a term of up to The Supreme Examiner's office expires. Early termination of powers of a member of the High Examination Committee and the election of another person to the Higher Examination Commission of another person in the period between All-Russian Congress of Judges is submitted to the Council of Judges of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 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 shall be appointed by the Judicial Department of the Supreme Court of the Russian Federation or by the organ in its system upon presentation of the relevant examination commission. The Secretary of the Examination Committee in the decisions of the examining board shall not participate. "; 2) in article 15, paragraph 1, and qualification of the judges 'qualification boards' "; 3) in article 26-1: (a), paragraph 2, after the words" Qualification Collegium of Judges ", should be supplemented by the word" given "; (b) paragraph 3 should be amended to read: " 3. The Higher Examination Commission provides general and methodological guidance to the examining commissions of the constituent entities of the Russian Federation. The Higher Examining Commission provides explanations to the examining boards of the constituent entities of the Russian Federation on issues related to the qualification examination for the position of judge. "; 4) Article 26-3 should be amended to read as follows: Article 26-3. The procedure for qualifying the judge's exam and order the evaluation of the candidate's knowledge 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 boards approved by the High Examination Commission. 2. Examination tickets shall be prepared separately for candidates for the post of judge of the general court, candidates for the post of judge of the arbitral tribunal, candidates for the position of judge of a specialized court and shall contain three theoretical questions on the post of judge of the court of arbitration Various branches of law, two tasks of judicial practice and a written task of preparing a procedural document on the layout of the case. 3. Theoretical questions in the examination tickets are drawn up by the High Examination Committee, and the tasks of the judicial practice and the written tasks for the preparation of the procedural document in the layout of the case are prepared by the relevant authorities. and are approved by the Higher Examination Committee. 4. For candidates to the post of judge of the constitutional (charter) court of the constituent entity of the Russian Federation, the examination tickets are drawn up in accordance with the normative legal acts of the respective subject of the Russian Federation. 5. The Higher Examination Commission shall prepare the examination questions and approve the tasks of the judicial practice and the written tasks for the preparation of a procedural document on the layout of the case, in coordination with the Supreme Court of the Russian Federation. 6. The status of the qualification examination for the position of judge and the results thereof are reflected in the report signed by the presiding officer of the examination commission and the secretary of the examining board. 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. 7. 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. 8. The Examination Committee shall issue the person who has passed the qualifying examination for the post of judge, the certification of the results of the qualifying examination with the evaluation of each issue and the overall final evaluation. If an overall final unsatisfactory rating is received, the certificate is not issued. 9. The results of the qualification examination for a judge shall be recognized as valid within three years from the date of the qualifying examination. During that period, the candidate for the post of judge is entitled to pass the qualifying examination for the post of judge of another level, other system, other type or other subject of the Russian Federation. 10. A candidate who has refused to further qualify as a judge, and a candidate who has not passed the qualification examination, may apply to this or that examination commission for admission to the examination. The qualifying examination is not earlier than six months from the date of the qualifying examination. 11. A candidate for a position of judge may be refused admission to the qualifying examination only on the grounds established by federal law. In the event of refusal of the candidate to qualify for the qualifying examination for the post of judge, the decision must be reasoned and written in writing. "; 5) in article 26-4: (a). editions: " 2. The decisions of the boards of examiners can be appealed only on grounds of violation of the procedure of the qualification examination. "; (b) paragraph 3 should read: " 3. The candidate for the position of judge is entitled to appeal against the actions (omissions) of the examination commission, which prevented him from taking the qualification examination. "; 6), to supplement article 27 with paragraph 4, reading: " 4. The Chairman of the Supreme Examiner's Board is signed by the President of the Council of Judges of the Russian Federation. The certificates of the members of the Higher Examination Committee and the Chairpersons of the Examination Commissions of the constituent entities of the Russian Federation are signed by the Chairman of the Higher Examination Commission. The certificates of the members of the boards of examiners of the constituent entities of the Russian Federation are signed by the chairmen of the respective examination commissions. ". President of the Russian Federation Vladimir Putin Moscow, Kremlin 2015 N 69-FZ