Legal foundation absolutely the law in Russian Federation Is the Constitution. The tenth article of the Constitution of the Russian Federation, devoted to the principle of separation of the authorities, provides for the existence of three branches of state power: legislative, executive and judicial. These branches of the authorities are separate and independent in their own liability. This principle is intended to ensure the balance and interphering of all power systems.
What is the law?
The Federal Constitutional Law N 1-FKZ "On the Judicial System of the Russian Federation" was adopted on December 31, 1996. The latest changes made to the Law in February 2014 were launched a large-scale reform structure of the judicial system.
Familiarize yourself with the developments in the Federal Law on State Secret
The law is represented by five chapters, including 38 articles. Consider the main theses that contain the structure of the law on the judicial system. About the status of judges Read
- The first chapter spelled out the basic provisions (fundamentals of the judiciary, profile legislation), the main principles of the judicial system, the provisions relating to the participation of citizens in the implementation of justice, and the language aspect of judicial and degreery;
- Chapter The second affects the foundations of the status: the status of judges in Russia and the unity of this status, the procedure for empowering the authority, the term of their action, incommensuability and inviolability of the judge;
- Chapter The Third Law is devoted to the structure of the judicial system and issues related to the procedure for their creation and abolition, the activities of federal constitutional (statutory) courts, as well as the world judges of the subjects of Russia. Details;
- Chapter Fourth Contains the Final Provisions of the Law on the bodies of the judicial community, ensuring activities and financing ships, on the use of state-government symbols;
- The fifth chapter is devoted to the order of entry into legal force and the implementation of the provisions of this FKZ: Damage to enforce, features of legal proceedings in the courts of general jurisdiction, the terms of the powers of judges and arbitration assessors, the procedure for financing the system reforming measures.
Read also O. recent changes Law on the referendum in the Russian Federation
The main principles of the organization of the judicial system include:
- Unityprovided by:
- System establishing The Constitution of the Russian Federation and this Law;
- Compliance with the rules of proceedings all participants in the system;
- Mandatory application of the Constitution of the Russian Federation, federal constitutional laws and federal lawsestablished by B. international Practice principles and norms of law, existing agreements of Russia with other states, as well as the charters and other regulatory and legal acts of the subjects of the country itself;
- Consolidation of unity of status judges in legislation;
- Financing from federal budget federal courts and world judges.
- Independence systemwhich lies in the fact that the judiciary is carried out regardless of whose will observing only the law. No existing or published law or normative act It cannot cancel or diminish the independence of the system and the independence of judges.
- Compelling Decisions included in legal force should be recognized throughout the country. The obligation of decisions of foreign arbitration depends on the existing agreements. Failure to fulfill the decisions and disrespect for the court entrusted with the responsibility in accordance with the law.
- Equality, meaning that the Russian judiciary is guided in its activities exclusively by law. Endless solutions do not depend on the signs of social, state, sexual, racial, national, linguistic, religious or political affiliation, property, official position, etc.
- Publicity. The proceedings, with the exception of the circumstances established by the legislation of Russia (in order to non-disclosure of state, commercial secrets, etc.), should be open.
The fundamental mission of the judicial system of any state is to protect the constitutional rights and freedoms of a person. The implementation of this task is possible only if the principles mentioned above are compliance, primarily of the principles of independence and independence. The first article of this FKZ states that the government of the judicial system is carried out through constitutional, civil, administrative and criminal proceedings in accordance with the sectoral division of the legislation of Russia.
Article 4 of Law N 1 FKZ reveals the structure of the Russian judicial system in which federal, constitutional (authorized) courts and global judges. Constitutional courts and global judges belong to the courts of subjects of the state.
The list of vessels of the federal significance consists of:
- Constitutional Court of the Russian Federation;
- Supreme Court of Russia;
- Systems of federal courts of general jurisdiction: republican supreme, regional, regional, courts of cities of federal significance, autonomous regions and districts, district, military and specialized;
- Systems of federal arbitration courts of districts and subjects of the Russian Federation, specialized and appellate arbitration.
Changes made in the FZ on the judicial system
The last revision of the Law on the Judicial System is dated February 5, 2014. Then the President of Russia subscribes amendment to the Constitution of the Russian Federation - Law N 2-FCZ "On the Supreme Court of the Russian Federation and the Prosecutor's Office of the Russian Federation". The law, by the way, was approved by the State Duma and the Federation Council back in November 2013.
As a result of the amendment, the formation of the Supreme Court of the Russian Federation as a single senior judicial body of Russia occurred. The Supreme Arbitration Court of Russia was abolished. The implementation of justice issues that were held were transferred to the jurisdiction of the successor - the Supreme Court of the Russian Federation. Since reform, this body has ceased to belong to the system of federal courts of general jurisdiction.
He is higher judicial authority Countries in civil, criminal, administrative affairs, permitting economic disputes and other cases related to the jurisdiction of bodies formed in accordance with the Federal Constitutional Law on the judiciary. Also, the Russian Armed Forces is intended to supervise the activities of federal courts and give explanations on judicial practice.
After the union with the highest arbitration court, the total number of judges of the Armed Forces of the Russian Federation amounted to 170 people. Their number is established annually in accordance with the result of the formation of the federal budget.
On the same day, on February 5, 2014, a profile law "On the Supreme Court of the Russian Federation" was published, which regulates the organization of its activities, structure, authority and its officials And other aspects.
I would also like to tell about changes in the system scheduled for the near future. On October 3, 2017, one of the main legal events of recently in Russia - Plenum ( general meeting) The Supreme Court of the Russian Federation, at which there were a lot of proposals to reduce the load, which comes to Russian courts today and the system as a whole. The draft law that includes these proposals, expects consideration in the State Duma.
It was proposed to abandon the motivation of the overwhelming part of judicial acts, i.e., from the need to justify the decisions made. The initiative is explained by the existing consideration statistics on today, according to which almost 90% of judicial decrees are not appeal after their adoption by the parties. As a result, instead of implementing the main mission - justice, time is spent on time-consuming paper work, which, having a low efficiency, costs the federal budget very expensive.
According to the plan, all acts will consist of introductory and operative parts (the current structure of the Act contains in addition to the descriptive and motivative part). The complete act participants in the process will be able to request only after the case will be considered. When considering an appeal complaint, the inclusion in the act of the motivation part will also become an optional procedure and will be carried out at the discretion of the authority.
However, an exception for the bulk of the Affairs of administrative proceedings, the category of which includes particularly important social and economic affairs. Processes for which substantiation of decisions are required include bankruptcy cases (FZ on bankruptcy individuals ), protection of minors, eviction without housing, corporate disputes, etc.
Critics differed in the opinion of possible upcoming changes. Most supports such an initiative, arguing that in view of the acute lack of time to perform a large amount of existing procedural requirements, both when considering cases and when writing solutions, template schemes are used. It makes great damage to justice. Some experts argue that the problem of a modern judicial system in its low cost and therefore it is necessary to increase the size of the charged duties, some of which are now symbolic. However, this proposal was rejected and was not included in the draft law.
It is also assumed to cancel the concept of "jurisdiction", which will replace "jurisdiction". The practical meaning of this editing is that if the court now stops the case, which is mistakenly accepted for production, then in the future it will be transferred. If the court incorrectly determined the appearance of legal proceedings, he will be able to make the definition of the transition to another of his appearance on the COP and CAS.
In civil proceedings, it is planned to introduce some rules from the arbitration process. In particular, participants will oblige to distribute the missing documents missing the other party. You can independently follow the course of the business on the Internet, notifications regarding meetings will also be published.
If ultimately all the proposed amendments will find life, more than half of cases will be treated in a simplified manner. This will increase the effectiveness of the activities of the judicial system at times.
We offer to familiarize yourself with 03.10.2017 on the presentation of the draft law on amending the Civil and Arbitration Procedure Codes of the Russian Federation, the Code of Administrative Judging and Separate legislative acts Russia.
Download the current edition of the Law on Judicial System of the Russian Federation
This law regulating the activities of the judicial system can be called the key in this area. He is generalizing, it is from his provisions that other regulatory acts concerning the activities of individual bodies, the status of judges and other aspects.
THE RUSSIAN FEDERATION
Federal Constitutional Law
On the judicial system of the Russian Federation
Document with changes made by:
(Russian newspaper, N 247, 20.12.2001);
(Russian newspaper, N 132, 09.07.2003);
(Russian newspaper, N 73, 09.04.2005);
(Russian newspaper, N 211, 11.11.2009);
(Russian newspaper, N 252, 12.29.2009);
(Official Internet portal of legal information www.pravo.gov.ru, 12/07/2011);
(Official Internet portal of legal information www.pravo.gov.ru, 09.06.2012);
(Official Internet portal of legal information www.pravo.gov.ru, 26.12.2012) (entered into force on January 1, 2013);
(Official Internet portal of legal information www.pravo.gov.ru, 04.02.2014);
(Official Internet portal of legal information www.pravo.gov.ru, 02/06/2014) (on the procedure for entering into force, see);
(Official Internet portal of legal information www.pravo.gov.ru, 07/30/2018, N 0001201807300021) (For the procedure for entering into force, see);
(Official Internet portal of legal information www.pravo.gov.ru, 31.10.2018, N 0001201810310023) (For the procedure for entering into force, see).
Chapter 1. General provisions (Articles from 1 to 10)
Article 1. Judicial Power
1. The judiciary in the Russian Federation is carried out only by the courts represented by judges and the procedure attracted by law to implement the justice of the jury and arbitration assessors. No other organs and persons have the right to take on the implementation of justice.
Federal Constitutional Law of February 3, 2014 N 1-FKZ.
2. The judiciary is independent and operates independently of the legislative and executive authorities.
3. The judiciary is carried out through constitutional, civil, administrative and criminal proceedings.
Article 2. Legislation on the judicial system
The judicial system of the Russian Federation is established by this federal constitutional law.
Article 3. Unity of the judicial system
The unity of the judicial system of the Russian Federation is ensured by:
establishing the judicial system of the Russian Federation by the Constitution of the Russian Federation and this Federal Constitutional Law;
compliance with all federal courts and global judges established by federal laws of legal proceedings;
applications by all vessels, federal constitutional laws, federal laws, generally accepted principles and norms of international law and international treaties of the Russian Federation, as well as constitutions (statutes) and other laws of constituent entities of the Russian Federation;
recognition of the commitment of execution throughout the Russian Federation of judicial resolutions that have entered into force;
legislative consolidation of the unity of the status of judges;
financing of federal courts and global judges from the federal budget.
Article 4. Courts in the Russian Federation
1. Justice in the Russian Federation is carried out only by the courts established in accordance with the Constitution of the Russian Federation and this Federal Constitutional Law. The creation of emergencies and courts not provided for by this Federal Constitutional Law is not allowed.
2. In the Russian Federation there are federal courts, constitutional (authorized) courts and global judges of the constituent entities of the Russian Federation, which are the judicial system of the Russian Federation.
3. The federal courts include:
Constitutional Court of the Russian Federation;
Supreme Court of the Russian Federation;
cassation courts of general jurisdiction, appellate courts of general jurisdiction, supreme courts of republics, regional courts, courts of federal importance, courts of autonomous region and autonomous districts, district courts, military and specialized courts that make up a system of federal courts of general jurisdiction;
(Paragraphs in the editorial office entered into force from July 30, 2018 by the Federal Constitutional Law of July 29, 2018 N 1-FKZ.
arbitration courts of districts, arbitration courts, arbitration courts of constituent entities of the Russian Federation and specialized arbitration courts that make up a system of federal arbitration courts.
Federal Constitutional Law of February 5, 2014 N 4-FKZ.
4. To courts of constituent entities of the Russian Federation include: constitutional (authorized) courts of constituent entities of the Russian Federation, magistrate judges who are judges of the general jurisdiction of the constituent entities of the Russian Federation.
Article 5. Independence of the courts and independence of judges
1. The courts exercise the judiciary independently, regardless of whose will, obeying only the Constitution of the Russian Federation and the law.
2. Judges, jury and arbitration siters participating in the implementation of justice are independent and subordinate to the Constitution of the Russian Federation and the law. The guarantees of their independence are established by the Constitution of the Russian Federation and federal law.
(Part of the editors entered into force from February 15, 2014 by the Federal Constitutional Law of February 3, 2014 N 1-FKZ.
3. The court, having established the inconsistency of the state or other body, in the consideration of the case, as equal to the official of the Constitution of the Russian Federation, the Federal Constitutional Law, the Federal Law, the generally accepted principles and norms of international law, the International Treaty of the Russian Federation, the Constitution (Charter) of the constituent entity of the Russian Federation, The law of the constituent entity of the Russian Federation decides in accordance with the legal provisions that have the greatest legal force.
4. In the Russian Federation, laws and other regulatory legal acts can not be published, canceling or detracting the independence of the courts, the independence of judges.
5. Persons guilty of the illegal impact on judges, jury and arbitration assessors involved in the implementation of justice, as well as in other interference in the activities of the court, are responsible provided for by the Federal Law. The assignment of powerful courts is punishable in accordance with the criminal law.
(Part of the editors entered into force from February 15, 2014 by the Federal Constitutional Law of February 3, 2014 N 1-FKZ.
Article 6. The obligation of court decisions
1. The decisions of the federal courts, the magistrates and courts of the constituent entities of the Russian Federation, as well as their legal orders, requirements, orders, challenges and other appeals are mandatory for all state bodies, local governments, public associations, officials, persons, other physical and legal entities And be subject to strict execution throughout the Russian Federation.
2. Failure to fulfill the court order, and the other manifestation of disrespect for the court entrust the responsibility provided for by the Federal Law.
3. Combining on the territory of the Russian Federation of court decisions foreign statesInternational courts and arbitration are determined by international treaties of the Russian Federation.
Article 7. Equality of all before law and court
1. All are equal to law and judgment.
2. The courts do not prefer any authorities, persons participating in the process of parties on the basis of their state, social, sexual, racial, national, language or political affiliation, or depending on their origin, property and official position, place of residence, place birth, relationships to religion, belief, belonging to public associations, but equally, according to the other not stipulated by the federal law, the grounds.
Article 8. Participation of citizens in the implementation of justice
1. Citizens of the Russian Federation have the right to participate in the implementation of justice in the manner prescribed by the Federal Law.
2. The participation of jury and arbitration assessors in the implementation of justice is a civil debt.
(Part of the editors entered into force from February 15, 2014 by the Federal Constitutional Law of February 3, 2014 N 1-FKZ.
3. Requirements for citizens involved in the implementation of justice are established by federal law.
4. During the participation in the implementation of justice, compensation from the federal budget is paid to the jury and arbitration assessors.
(Part of the editors entered into force from February 15, 2014 by the Federal Constitutional Law of February 3, 2014 N 1-FKZ.
Article 9. Publicity in the activities of ships
The trial of cases in all vessels is open. Listening to the case in a closed meeting is allowed in cases provided for by the Federal Law.
Article 10. Language of legal proceedings and office work in courts
1. Proceedings and office work in the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Cassation Courtes of General Jurisdiction, the Appeals Courts of General Jurisdiction, Arbitration Courts, the Military Courts are conducted in Russian - the state language of the Russian Federation. The proceedings and office work in other federal jurisdiction federal courts may also be conducted in the state language of the republic, in which the court is located.
(Part of the editorial office entered into force on August 6, 2014 by the Federal Constitutional Law of February 5, 2014 N 4-FKZ by the Federal Constitutional Law of July 29, 2018 N 1-FKZ.
2. The proceedings and office work in the world judges and in other courts of constituent entities of the Russian Federation are conducted in Russian or in the state language of the republic, in which the court is located.
3. Participating in cases of persons who do not own the language of legal proceedings, ensures the right to perform and give explanations in their native language or on any freely elected communication language, as well as to use the services of the translator.
Chapter 2. Fundamentals of the status of judges in the Russian Federation (Articles from 11 to 16)
Article 11. Judges
1. The judges are persons endowed in accordance with the Constitution of the Russian Federation and this Federal Constitutional Law with the authority to enforce justice and fulfilling their duties on a professional basis.
2. The judge, who has experience as a judge at least ten years and retired, is considered an honorary judge. It can be attracted to the exercise of justice as a judge in the manner prescribed by the Federal Law.
3. The judges are provided at the expense of the state material and social and domestic security corresponding to their high status. Monthly monetary remuneration And the quarterly monetary prosecution of the judge cannot be reduced during the entire time of his stay in office.
(Part of the editors entered into force from January 1, 2013 by the Federal Constitutional Law of December 25, 2012 N 5-FKZ.
Article 12. Unity of Status of Judges
All judges in the Russian Federation have a single status and differ from themselves only by authority and competence. Features of the legal status some categories The judges are determined by federal laws, and in cases of them provided, also the laws of the constituent entities of the Russian Federation.
Article 13. The procedure for empowering judges
1. The procedure for empowering the Chairman of the Constitutional Court of the Russian Federation, his deputy, other judges of the Constitutional Court of the Russian Federation is established by the Federal Constitutional Law "On the Constitutional Court of the Russian Federation".
1_1. The procedure for empowering the Chairman of the Supreme Court of the Russian Federation, his deputies, other judges of the Supreme Court of the Russian Federation is established by the Federal Constitutional Law on the Supreme Court of the Russian Federation and the Federal Law on the Status of Judges.
(Part additionally included on January 1, 2019 by the Federal Constitutional Law of October 30, 2018 N 2-FKZ)
2. The procedure for empowering chairmen, vice-chairmen, other judges of cassation courts of general jurisdiction, appellate courts of general jurisdiction, supreme courts of republics, regional, regional courts, courts of cities of federal importance, vessels of the autonomous region and autonomous districts, district courts, military and specialized courts , Arbitration courts of districts, arbitration courts, arbitration courts of the constituent entities of the Russian Federation and specialized arbitration courts are established by the relevant federal constitutional law and federal law on the status of judges.
(Part of the editorial office entered into force on August 6, 2014 by the Federal Constitutional Law of February 5, 2014 N 4-FKZ; as amended, entered into force from July 30, 2018 by the Federal Constitutional Law of July 29, 2018 N 1-FKZ; As amended, entered into force from January 1, 2019 by the Federal Constitutional Law of October 30, 2018 N 2-FKZ.
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The provisions of Part 2 of this article (as amended by the Federal Constitutional Law of October 30, 2018, N 2-FKZ) are applied taking into account the features set by parts 5 and 6 of Article 7 of the Federal Constitutional Law of July 29, 2018 N 1-FKZ "On Amendments to Federal Constitutional Law "On Judicial System of the Russian Federation" and individual federal constitutional laws in connection with the creation of cassation ships of general jurisdiction and appellate courts of general jurisdiction "- Part 4 of Article 5 of the Federal Constitutional Law of October 30, 2018 N 2-FKZ.
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3. The Chairs and Deputy Chairmen of the courts specified in the second part of this article are appointed for a period of 6 years. The same person can be appointed to the post of chairman (Vice-Chairman) of the same court repeatedly, but no more than two times in a row, unless otherwise established by the relevant federal constitutional law.
(Part of the editorial office entered into force on June 9, 2012 by the Federal Constitutional Law of June 8, 2012 N 1-FKZ.
4. The procedure for empowerment of global judges, as well as chairmen, deputy chairmen, other judges of the constitutional (statutory) courts of the constituent entities of the Russian Federation is established by federal laws and laws of the constituent entities of the Russian Federation.
5. The selection of candidates for the positions of judges is carried out on a competitive basis.
Federal Constitutional Law of December 15, 2001 N 5-FKZ
Article 14. The term of office of the judges of federal courts
The powers of the judges of federal courts are not limited to a certain period, unless otherwise established by the Constitution of the Russian Federation, the federal constitutional law and the Federal Law on the Status status taken in accordance with them. The urgen to stay as a judge of the Federal Court - 70 years, unless otherwise established by the relevant federal constitutional law.
(An article in the wording, enacted from December 31, 2001 by the Federal Constitutional Law of December 15, 2001 N 5-FKZ, as amended by the Federal Constitutional Law of April 5, 2005 N 3-FKZ from April 9, 2005; As amended, entered into force from June 9, 2012 by the Federal Constitutional Law of June 8, 2012 N 1-FKZ.
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The provision of Article 14 of this Federal Constitutional Law (as amended) on the maximum presence of a judge of the Federal Court is applied to all judges of federal courts that have not reached the day of entry into force of the Federal Constitutional Law of April 5, 2005 N 3-FKZ of the age of 65, With the exception of the judges of the federal courts appointed for the position for the first time for a period of three years - see.
- Note database manufacturer.
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Article 15. Immendability of the judge
1. The judge is not changed. He cannot be appointed (elected) to another position or to another court without his consent.
2. The powers of the judges stop or suspended by the decision of the relevant qualification board of judges, except in cases of termination of the authority of the judge due to the expiration of their term or the achievement of the limit age as a judge. The decision of the relevant qualification board of judges on the early termination of the powers of the judges for their disciplinary misconduct may be appealed to the Supreme Court of the Russian Federation.
(Part of the editors entered into force on April 9, 2005 by the Federal Constitutional Law of April 5, 2005 N 3-FKZ; supplemented from March 12, 2010 by the Federal Constitutional Law of November 9, 2009 N 5-FKZ Federal Constitutional Law of February 5 2014 N 4-FKZ.
Article 16. Procurance of the judge
The judge is inviolable. Guarantees of the progress of judges are established by federal law.
Chapter 3. Courts (Articles from 17 to 28)
Article 17. The procedure for creating and abolishing vessels
1. The Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, established in accordance with the Constitution of the Russian Federation, can only be abolished by amending the Constitution of the Russian Federation. Other federal courts are created and abolished only by federal law.
(Part of the editorial office entered into force on August 6, 2014 by the Federal Constitutional Law of February 5, 2014 N 4-FKZ.
2. The posts of world judges and constitutional (authorized) courts of constituent entities of the Russian Federation are created and abolished by the laws of the constituent entities of the Russian Federation.
3. No court can be abolished if the issues related to its maintenance are not simultaneously transferred to the jurisdiction of another court.
Article 18. Constitutional Court of the Russian Federation
1. The Constitutional Court of the Russian Federation is the judicial authority of the constitutional control, independently and independently carrying out the judiciary through constitutional proceedings.
2. The powers, the procedure for the formation and activities of the Constitutional Court of the Russian Federation are established by the Federal Constitutional Law.
Article 19. Supreme Court of the Russian Federation
1. The Supreme Court of the Russian Federation is the highest judicial body of civil cases, cases of permission to resolve economic disputes, criminal, administrative and other cases, sidewalks formed in accordance with this Federal Constitutional Law.
2. The Supreme Court of the Russian Federation implements the judicial supervision of the activities of courts formed in accordance with this Federal Constitutional Law under the Federal Law of Procedural Forms, considering civil cases, cases to resolve economic disputes, criminal, administrative and other cases, supersede with the specified courts in as a court of supervisory instance, as well as within its competence as a court of appeal and cassation instances.
3. The Supreme Court of the Russian Federation considers the case attributed to its jurisdiction as a court of first instance and on new or newly discovered circumstances.
4. The Supreme Court of the Russian Federation in order to ensure the uniform application of the legislation of the Russian Federation gives courts to clarification on judicial practice.
5. Powers, the procedure for the formation and activities of the Supreme Court of the Russian Federation are established by the Federal Constitutional Law on the Supreme Court of the Russian Federation.
(The article in the wording entered into force on August 6, 2014 by the Federal Constitutional Law of February 5, 2014 N 4-FKZ.
Article 19_1. Court of Cassation Court of General Jurisdiction
1. The cassation court of general jurisdiction within its competence considers cases as a court of cassation and on new or newly discovered circumstances.
2. The Cassation Court of General Jurisdiction is a higher court in relation to the federal courts of general jurisdiction and global judges in force on the territory of the relevant judicial cassation district, unless otherwise established by federal constitutional law.
3. The powers, the procedure for the formation and activities of cassation courts of general jurisdiction are established by the Federal Constitutional Law.
Federal Constitutional Law of July 29, 2018 N 1-FKZ)
Article 19_2. Court of Appeal of General Jurisdiction
1. The appellate court of general jurisdiction within its competence considers cases as a court of appeal and on new or newly discovered circumstances.
2. The appellate court of general jurisdiction is directly a higher judicial authority in relation to the republics of the republic, regional (regional) courts operating on the territory of the relevant judicial appellate district, the courts of federal importance, the court of autonomous region, the courts of autonomous districts, unless otherwise established by the Federal Constitutional law.
3. Powers, the procedure for the formation and activities of appellate courts of general jurisdiction are established by the Federal Constitutional Law.
(The article is additionally included on July 30, 2018 by the Federal Constitutional Law of July 29, 2018 N 1-FKZ)
Article 20. Supreme Court of the Republic, Regional (Regional) Court, Court of the city of federal significance, Autonomous Region, Court of Autonomous Okrug
1. The Supreme Court of the Republic, the regional (regional) court, the court of the city of federal significance, the court of the autonomous region, the court of autonomous district within its competence consider cases as a court of first and appeal instances, according to new or newly discovered circumstances and carry out other powers provided for Federal Constitutional Law.
(Part of the editorial office entered into force on July 30, 2018 by the Federal Constitutional Law of July 29, 2018 N 1-FKZ.
2. The courts listed in paragraph 1 are directly by supervisory courts in relation to the district courts operating in the territory of the relevant subject of the Russian Federation.
3. The powers, the procedure for the formation and activities of the courts listed in paragraph 1 of this article are established by the Federal Constitutional Law.
Article 21. District Court
1. The District Court within its competence considers cases as a court of the first and second instance and carries out other powers provided for by the Federal Constitutional Law.
2. The District Court is directly a higher judicial court in relation to the global judges acting on the territory of the relevant judicial area.
3. Powers, the procedure for the formation and activities of the district court are established by the Federal Constitutional Law.
Article 22. Military Courts
1. Military courts are created on the territorial principle at the place of dislocation of troops and fleets and carry out judicial authorities in the troops, organs and formations, where the Federal Law provides for military service.
2. Military courts within their competence are considering cases as a court of the first and second instance, in the order of supervision and on new or newly discovered circumstances.
(Part of the editorial office entered into force on August 6, 2014 by the Federal Constitutional Law of February 5, 2014 N 4-FKZ.
3. Powers, the procedure for the formation and activities of military courts are established by the Federal Constitutional Law.
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From the moment of entry into force of the relevant legislation on amending the legislation on military courts, but no later than October 1, 2019 by the Federal Constitutional Law of July 29, 2018, N 1-FKZ will be amended in this article.
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Article 23. Supreme Arbitration Court of the Russian Federation
(I lost strength from August 6, 2014 -.
Article 24. District Arbitration Court
(The name in the editorial office entered into force from August 6, 2014 by the Federal Constitutional Law of February 5, 2014 N 4-FKZ.
1. The Arbitration Court of the County (Arbitration Court of Court) is considering in accordance with the Federal Law of the case as a court of first instance, as a court of cassation and on new or newly discovered circumstances.
Federal constitutional law of December 6, 2011 N 4-FKZ; As amended, entered into force from August 6, 2014 by the Federal Constitutional Law of February 5, 2014 N 4-FKZ.
2. The Arbitration Court of the County is a higher court in relation to the arbitration courts and arbitration courts of the constituent of the Russian Federation in force on the territory of the relevant judicial district, unless otherwise established by the Federal Constitutional Law.
(Part is complemented from July 9, 2003 by the Federal Constitutional Law of July 4, 2003 N 3-FKZ; as amended, entered into force from December 7, 2011, the Federal Constitutional Law of December 6, 2011 N 4-FKZ; in the editorial office introduced in Act from August 6, 2014 by the Federal Constitutional Law of February 5, 2014 N 4-FKZ.
3. Powers, the procedure for the formation and activities of the Arbitration Court of the district are established by the Federal Constitutional Law.
(Part of the editorial office entered into force on August 6, 2014 by the Federal Constitutional Law of February 5, 2014 N 4-FKZ.
Article 24_1. Arbitration Court of Appeal
1. The Arbitration Court of Appeal within its competence considers cases as a court of appeal and on new or newly discovered circumstances.
(Part of the editorial office entered into force on August 6, 2014 by the Federal Constitutional Law of February 5, 2014 N 4-FKZ.
2. Powers, the procedure for the formation and activities of the Arbitration Court of Appeal are established by the Federal Constitutional Law.
(The article is additionally included on July 9, 2003 by the Federal Constitutional Law of July 4, 2003 N 3-FKZ)
Article 25. Arbitration court of the subject of the Russian Federation
1. The arbitration court of the subject of the Russian Federation within its competence considers cases as a court of first instance and on new or newly discovered circumstances.
(Part of the editorial office entered into force on July 9, 2003 by the Federal Constitutional Law of July 4, 2003 N 3-FKZ; as amended by the Federal Constitutional Law of February 5, 2014 No. 4-FKZ from August 6, 2014.
2. Powers, the procedure for the formation and activities of the arbitration court of the constituent entity of the Russian Federation are established by the Federal Constitutional Law.
Article 26. Specialized federal courts
1. Specialized federal courts for consideration of civil and administrative cases, susso courts of general jurisdiction, as well as economic disputes and other cases considered by the arbitration courts, are established by making changes and additions to this Federal Constitutional Law.
(Part of the editors entered into force on December 7, 2011 by the Federal Constitutional Law of December 6, 2011 N 4-FKZ.
2. Powers, the procedure for the formation and activities of specialized federal courts are established by the Federal Constitutional Law.
Article 26_1. Intellectual Rights Court
The Court for Intellectual Rights is a specialized arbitration court considering within its competence of the case on disputes associated with the protection of intellectual rights, as a court of first and cassation instances.
(The article is additionally incorporated from December 7, 2011 by the Federal Constitutional Law of December 6, 2011 N 4-FKZ)
Article 27. Constitutional (authorized) court subject of the Russian Federation
1. The constitutional (authorized) court of a constituent entity of the Russian Federation can be created by the subject of the Russian Federation to consider the compliance of the laws of the constituent entity of the Russian Federation, regulatory legal acts of the state authorities of the constituent entity of the Russian Federation, the local government of the subject of the Russian Federation of the Constitution (Charter) of the constituent entity of the Russian Federation, as well as To interpret the Constitution (Charter) of the subject of the Russian Federation.
2. Financing the constitutional (statutory) court of the constituent entity of the Russian Federation is made at the expense of the budget of the relevant subject of the Russian Federation.
3. The constitutional (authorized) court of the subject of the Russian Federation considers issues related to its competence in the manner prescribed by the law of the constituent entity of the Russian Federation.
4. The decision of the constitutional (statutory) court of the constituent entity of the Russian Federation, adopted within its authority, cannot be revised by another court.
Article 28. World judge
1. The world judge within its competence considers civil, administrative and criminal cases as a court of first instance.
2. The powers and the procedure for the activities of the World Judge are established by federal law and the law of the subject of the Russian Federation.
Chapter 4. Final Provisions (Articles from 29 to 34)
Article 29. The bodies of the judicial community
1. To express the interests of judges as body carriers formed in accordance with the procedure established by the Federal Law, the judicial community.
2. The supreme body of the judicial community is the All-Russian Congress of Judges, which forms the Council of Judges of the Russian Federation and the Higher Qualification College of Judges of the Russian Federation.
3. The competence and procedure for the formation of the judicial community bodies are established by federal law.
Article 30. Ensuring the activities of ships
1. Ensuring the activities of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation are carried out by the devices of these courts.
(Part of the editorial office entered into force on August 6, 2014 by the Federal Constitutional Law of February 5, 2014 N 4-FKZ.
2. Ensuring the activities of other vessels formed in accordance with this Federal Constitutional Law, is carried out by the Judicial Department at the Supreme Court of the Russian Federation.
(Part of the editorial office entered into force on August 6, 2014 by the Federal Constitutional Law of February 5, 2014 N 4-FKZ.
3. The part has lost its strength from August 6, 2014 - the Federal Constitutional Law of February 5, 2014 N 4-FKZ ..
Article 31. Judicial Department at the Supreme Court of the Russian Federation
1. The Judicial Department at the Supreme Court of the Russian Federation and the bodies in its system are organizationally ensuring the activities of ships formed in accordance with this Federal Constitutional Law, and the judicial community bodies provide for their disposal the necessary resources.
(Part of the editorial office entered into force on August 6, 2014 by the Federal Constitutional Law of February 5, 2014 N 4-FKZ.
2. The head of the judicial department at the Supreme Court of the Russian Federation is appointed and dismissed by the Chairman of the Supreme Court of the Russian Federation with the consent of the Council of Judges of the Russian Federation.
3. Employees of the Judicial Department at the Supreme Court of the Russian Federation are civil servants. They are assigned cool ranks and other special titles.
4. The Judicial Department at the Supreme Court of the Russian Federation is a legal entity.
5. The structure, powers and procedure for the activities of the Judicial Department at the Supreme Court of the Russian Federation and the bodies included in its system are established by federal law.
Article 32. Court apparatus
1. The apparatus of the court carries out the work of the court and is subject to the chairman of the relevant court.
2. Employees of the court office are civil servants, they are assigned cool ranks and other special titles (part of the editorial office, entered into force on January 9, 2010 by the Federal Constitutional Law of December 27, 2009 N 9-FKZ.
Article 33. Financing of ships
1. Financing of courts should provide the possibility of full and independent adventure of justice in accordance with the Federal Law.
2. Financing the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the courts of general jurisdiction, arbitration courts and global judges is carried out on the basis of the regulations approved by the Federal Law and is indicated by separate lines in the federal budget.
(Part of the editorial office entered into force on August 6, 2014 by the Federal Constitutional Law of February 5, 2014 N 4-FKZ.
3. The Government of the Russian Federation develops a draft federal budget in terms of financing courts in cooperation with the Chairmen of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the head of the judicial department at the Supreme Court of the Russian Federation and with the Council of Judges of the Russian Federation. In the presence of disagreements, the Government of the Russian Federation is making the proposal of the relevant courts, the judicial department at the Supreme Court of the Russian Federation and the Council of Judges of the Russian Federation with its conclusion to the draft federal budget.
(Part of the editorial office entered into force on August 6, 2014 by the Federal Constitutional Law of February 5, 2014 N 4-FKZ.
4. Representatives of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Council of Judges of the Russian Federation, the head of the Judicial Department at the Supreme Court of the Russian Federation have the right to participate in the discussion of the federal budget at the Federal Assembly of the Russian Federation.
(Part of the editorial office entered into force on August 6, 2014 by the Federal Constitutional Law of February 5, 2014 N 4-FKZ.
5. The size of budget funds allocated to financing ships in the current financial year or to be allocated to the next fiscal year can be reduced only with the consent of the All-Russian Congress of Judges or the Council of Judges of the Russian Federation.
Article 34. Symbols of state power in courts
1. On the buildings of the courts establishes the State Flag of the Russian Federation, and in the hall court sessions The State Flag of the Russian Federation and the image of the state coat of arms of the Russian Federation are placed. The flag of the constituent entity of the Russian Federation may also be established on the buildings of the courts, and the image of the coat of arms of the subject of the Russian Federation is installed in the court halls.
2. When implementing justice, the judges meet in the mantles or have another distinguishing sign of their position.
Chapter 5. The procedure for the introduction of this Federal Constitutional Law (Articles from 35 to 38)
Article 35. The term of enforcement of this Federal Constitutional Law
2. The Law of the RSFSR of July 8, 1981 "On Judicial RSFSR" with subsequent amendments and additions (Vedomosti Supreme Council of the RSFSR, 1981, N 28, Article.976; Vedenosti Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, N 27 , Article 1560; N 30, Article 1794; 1993, N 33, Article 1313; Meeting of the legislation of the Russian Federation, 1994, N 32, Article.3300) applies to a part that does not contradict the present Federal Constitutional Law.
3. The provision on the military tribunals in the editorial office of the USSR law of June 25, 1980 (Vedomosti Supreme Soviet of the USSR, 1980, N 27, Article 546) is applied in a part not contrary to this federal constitutional law.
4. Part 2 of Article 33 of this Federal Constitutional Law in terms of financing of vessels based on regulations is reached from the date of entry into force of the relevant federal law.
5. Prior to the entry into force of the Federal Constitutional Law on Military Courts, funding and logistical support of military courts are carried out in the manner prescribed by the Federal Law "On some issues of the organization and activities of military courts and military justice bodies."
Article 36. Features of legal proceedings in the courts of general jurisdiction after the introduction of this Federal Constitutional Law
1. District (city) courts formed before the introduction of this Federal Constitutional Law are considered to be district courts.
2. Courts, considering cases in appeal or cassation, are considered to be higher in relation to the courts of first instance. The courts considering cases in the order of supervision are considered to be higher in relation to the courts who have previously made decisions in the case.
3. The introduction of this Federal Constitutional Law does not entail the changes in the composition of the court for the previously launched consideration.
Article 37. Terms of authority of judges and arbitration assessors
(The name in the editorial office entered into force from February 15, 2014 by the Federal Constitutional Law of February 3, 2014 N 1-FKZ.
With the introduction of this federal constitutional law, judges of all courts of the Russian Federation, as well as arbitration assessors, retain their powers before the expiration of the term they were elected (appointed).
(The article in the wording enacted from February 15, 2014 by the Federal Constitutional Law of February 3, 2014 N 1-FKZ.
Article 38. Procedure for financing measures for reforming the judicial system
1. The costs of financing measures related to the reform of the judiciary are envisaged on a separate line in the federal budget.
2. From January 1, 1997, the staff of the departments of the Ministry of Justice of the Russian Federation are proportional to that part of their work, which is associated with the financing and ensuring the activities of the courts, with the exception of military courts, are transferred to the court department at the Supreme Court of the Russian Federation with the opening of the financing of the judicial Department at the Supreme Court of the Russian Federation directly from the federal budget in the amount of funds released as a result of reducing the number of relevant units of the Ministry of Justice of the Russian Federation.
The president
Russian Federation
B.ELtsin
Moscow Kremlin
December 31, 1996
N 1-FKZ
Editorial Document Taking into account
changes and additions prepared
JSC "Codex"
THE RUSSIAN FEDERATION
Federal Constitutional Law
On the judicial system of the Russian Federation
(as amended by federal constitutional laws
from 12/15/2001 N 5-FKZ, from 04.07.2003 N 3-FKZ)
Chapter 1. General
Article 1. Judicial Power
1. The judiciary in the Russian Federation is carried out only by the courts in the person of judges and the procedure attracted by law to implement the justice of jury, folk and arbitration assessors. No other organs and persons have the right to take on the implementation of justice.
2. The judiciary is independent and operates independently of the legislative and executive authorities.
3. The judiciary is carried out through constitutional, civil, administrative and criminal proceedings.
Article 2. Legislation on the judicial system
The judicial system of the Russian Federation is established by the Constitution of the Russian Federation and this Federal Constitutional Law.
Article 3. Unity of the judicial system
The unity of the judicial system of the Russian Federation is ensured by:
establishing the judicial system of the Russian Federation by the Constitution of the Russian Federation and this Federal Constitutional Law;
compliance with all federal courts and global judges established by federal laws of legal proceedings;
Applications by all vessels of the Constitution of the Russian Federation, federal constitutional laws, federal laws, generally accepted principles and norms of international law and international treaties of the Russian Federation, as well as constitutions (charters) and other laws of the constituent entities of the Russian Federation;
recognition of the commitment of execution throughout the Russian Federation of judicial resolutions that have entered into force;
legislative consolidation of the unity of the status of judges;
Financing of federal courts and global judges from the federal budget.
Article 4. Courts in the Russian Federation
1. Justice in the Russian Federation is carried out only by the courts established in accordance with the Constitution of the Russian Federation and this Federal Constitutional Law. The creation of emergencies and courts not provided for by this Federal Constitutional Law is not allowed.
2. In the Russian Federation there are federal courts, constitutional (authorized) courts and global judges of the constituent entities of the Russian Federation, which are the judicial system of the Russian Federation.
3. The federal courts include:
Constitutional Court of the Russian Federation;
Supreme Court of the Russian Federation, Supreme Courts of the republics, regional and regional courts, the courts of cities of the federal significance, the courts of the autonomous region and autonomous districts, district courts, military and specialized courts that make up a system of federal courts of general jurisdiction;
The Supreme Arbitration Court of the Russian Federation, federal arbitration courts of districts (arbitration courts), arbitration courts, arbitration courts of the constituent entities of the Russian Federation, which make up a system of federal arbitration courts.
(as amended by the Federal Constitutional Law of 04.07.2003 N 3-FKZ)
4. To courts of constituent entities of the Russian Federation include: constitutional (authorized) courts of constituent entities of the Russian Federation, magistrate judges who are judges of the general jurisdiction of the constituent entities of the Russian Federation.
Article 5. Independence of Ships and Independence Court
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