Legislative base of the Russian Federation. Legislative framework of the Russian Federation Chapter II

The peculiarity of the judicial system lies in the fact that, being one of the branches state power, this system is quite closed and exists within itself. The structure of the judiciary is tailored to this feature. Therefore, in addition to judiciary directly administering justice, within the judicial community there are also various structural units that perform regulatory, monitoring, evaluation and other functions.

What is a law?

Federal Law "On Bodies of the Judicial Community in Russian Federation» N 30-FZ was adopted on March 14, 2002. The judiciary is the totality of all persons involved in judicial activity in Russia. Law on the Status of Judges in the Russian Federation

Law FZ-30 contains 5 chapters, including 29 articles. Let us designate the structure of the law thesis:

  • Judicial community of Russia: bodies of the judiciary, their main tasks, principles of organization of work, term of office of elected bodies, internal regulations, interaction of bodies of the judiciary.
  • Powers of qualification boards: the Supreme Collegium and its Presidium, as well as regional ones; the procedure for reviewing previously issued decisions in view of newly discovered circumstances.
  • Production in qualification boards: the procedure and terms for consideration of materials, the features of consideration of reports of disciplinary violations, minutes of meetings, the procedure for making and appealing decisions of the qualification board.
  • Powers of examination boards: organization of the work of the commission, rules for taking the exam and assessing the knowledge of a candidate for the position of a judge, appealing decisions.
  • Ensuring the activities of the bodies of the judiciary: organizational, financial and logistical; payments to members of examination committees.

According to this law, the bodies of the judiciary in Russia are:

  • All-Russian Congress of Judges;
  • Conferences of judges of certain regions of the Russian Federation;
  • Council of Judges of Russia and subjects of the country;
  • General meetings of judges of individual courts;
  • The Highest Qualification Board of Judges of Russia and the Board of Russian Subjects;
  • Higher Examination Commission and Examination Commissions of the Subjects of Russia. This body conducts examinations for lawyers wishing to become a judge.

Federal Law on the Constitutional Court, see

In order to improve the efficiency of the system, the bodies of the judiciary are obliged to interact with each other in information.

Law N 30-FZ on the bodies of the judiciary in the Russian Federation exists in close connection with and, which we wrote about earlier.

Recent amendments to 30 FZ

The last amendments to the law on judicial communities in Russia were made in 2015 and 2016.

Law N 284-FZ dated 05.10.2015 amended the third paragraph of paragraph 7 of Article 11 of the law. In the provision of the law on the impossibility of electing the same person to the role of chairman or deputy chairman of the qualification board more than 2 times in a row, an exception is made for the High Qualification Board of Judges of the Russian Federation.

Law N 68-FZ of 06/02/2016 amended subparagraph 1 of paragraph 8 of Article 11.1 the law establishing the procedure for creating commissions for the admission of a qualification exam. Paragraph 8 of Article states that members of the Supreme examination committee elected by the delegates of the All-Russian Congress by secret ballot.

Delegates from:

The voting procedure is carried out at separate meetings. The election is considered valid if more than 1/2 of the representatives from each of the courts participated in the voting. The winner, of course, is the candidate with the most votes.

We will also briefly review individual articles of the law that were not affected by the amendments.

According to the provisions of section 13 of the law, the term of office of the elected bodies of the judiciary is 4 years. The re-election of the composition of the representatives of the body takes place at regular (scheduled) congresses, conferences or meetings.

Article 15 of the law states that the bodies of the judiciary, within the framework of the exercise of their powers, have the right to apply to government bodies authorities, to public associations and officials with requests for obtaining the necessary information and documents. Their appeals and decisions can be considered within no more than 1 month from the date of receipt.

AT article 17 The Federal Law on the bodies of the judiciary in the Russian Federation are designated powers granted by law to the High Qualification Board of Judges of the Russian Federation. To be able to exercise powers, the composition of the body must be formed by at least 2/3.

The law provides for the following list of powers:

  • Consideration of applications of candidates for the post of Chairman of the Supreme Court Russia and presentation of the conclusion to the President of the country;
  • Consideration of applications of candidates for positions Deputy Chairmen of the Supreme Court and its judges, Chairman and deputies of the Board of Appeal of the Armed Forces of the Russian Federation and federal courts(except district ones), judges of district arbitrations, arbitration courts of appeal, military courts, the Intellectual Property Rights Court;
  • Consideration of proposals of the Chairman of the Supreme Court of the Russian Federation on the submission to the President of candidates for appointment to the position of a member of the Presidium of the Supreme Court. The commission submits the conclusions made to the Chairman of the Russian Armed Forces;
  • Carrying out mandatory checks in relation to a judge previously recommended by the panel, if the media published reports of his unethical and discrediting the authority of judicial sweetness behavior;
  • Publication in the media of a message about the opening of vacancies to the seats of the Chairman of the RF Armed Forces, his deputies and other positions listed above, with information on the time, place of receipt and consideration of applications;
  • Making decisions regarding the suspension, renewal and termination of powers, or the adoption of a decision on the renewal or termination of the resignation of members of the Presidium and judges of the Supreme Court of the Russian Federation, deputy. chairmen of federal courts, judges of district arbitrations, appellate, military and other courts;
  • Carrying out qualification certification officials the Supreme Court, chairmen of federal courts, their deputies, as well as judges of other courts;
  • Issuance of an opinion on the possibility of involving a retired judge to work in the Supreme Court, district arbitrations, arbitration courts of appeal, military courts and the Intellectual Property Court;
  • Assignment judges of the first and highest qualification classes;
  • Appointment of penalties for disciplinary offenses committed by members of the judiciary;
  • Consideration of issues which are within the competence of the regional qualification boards of judges, if for any reason it cannot be resolved locally, for example, when considering complaints against the actions of the boards of judges of the constituent entities of the Russian Federation;
  • Examining Reports on the results, analysis, adjustment of the work of the qualification boards of the constituent entities of Russia;
  • Awarding of titles and presentation state awards.

Law 30-FZ in Art. 22 prescribes what peculiarities exist when considering reports and complaints about violations, unethical behavior and other disciplinary offenses, committed by members of the judiciary.

The Qualification Collegium, on the basis of an application by the Chairman of the relevant or higher court or body of the judiciary, decides on the early removal of a person from office in connection with a misconduct of a disciplinary nature committed by him, if sufficient evidence of the misconduct and a characterization of the official were presented.

Within its capabilities, the collegium, by law, has the right to initiate a re-check of the materials received, make additional requests, and involve the defendant himself and witnesses of the events to provide explanations.

If the complaint was received from other officials or ordinary citizens, it can be considered both by the board itself and redirected to the Chairman of the relevant court. If a decision is made to conduct an audit within the collegium, a commission is formed from representatives of the council of judges, employees of the apparatus of the qualification collegium and delegates from the public. The commission reports on the results of the audit at a meeting of the qualification board, which makes the final decision.

The petition of the defendant himself to suspend his powers is not considered until the completion of the proceedings on the fact of reports of disciplinary offenses committed by him, received by the body.

Download the law on the bodies of the judiciary in the Russian Federation

The main tasks of the bodies of the judiciary are:

  • Assistance in the modernization of the judicial system and its activities in terms of the administration of justice;
  • Control over observance of the rights of citizens included in the circles of the judiciary;
  • Assistance in organizational, informational, personnel and logistical support for the work of the judicial system;
  • Establishing and maintaining authority judiciary, control over the compliance of the behavior of community members with the requirements of the Code of Judicial Ethics.

You can "On the Bodies of the Judicial Community in the Russian Federation".

It does not work Edition from 14.03.2002

FEDERAL LAW dated March 14, 2002 N 30-FZ "ON THE BODIES OF THE JUDICIAL COMMUNITY IN THE RUSSIAN FEDERATION"

1. Organizational support activities of the bodies of the judiciary are carried out by the Judicial Department at the Supreme Court of the Russian Federation and its constituent bodies.

2. The Council of Judges of the Russian Federation and the High Qualifications Board of Judges of the Russian Federation provide methodological assistance to the relevant bodies of the judiciary in their activities.

3. The certificate of the chairman of the High Qualification Board of Judges of the Russian Federation shall be signed by the chairman of the Council of Judges of the Russian Federation.

Certificates of members of the High Qualification Board of Judges of the Russian Federation and chairmen of the qualification boards of judges of constituent entities of the Russian Federation shall be signed by the chairman of the High Qualification Board of Judges of the Russian Federation.

Certificates of members of the qualification boards of judges of the constituent entities of the Russian Federation are signed by the chairmen of the respective qualification boards of judges.

1. The creation of proper conditions for the activities of the bodies of the judiciary, including the maintenance of their apparatus, the establishment of printed publications of the bodies of the judiciary, as well as financial and logistical support for the activities of the bodies of the judiciary are assigned to Judicial Department at the Supreme Court of the Russian Federation and its constituent bodies.

2. Financial and logistical support for the activities of the All-Russian Congress of Judges, the Council of Judges of the Russian Federation and the Presidium of the Council of Judges of the Russian Federation, the High Qualification Board of Judges of the Russian Federation and the Presidium of the High Qualification Board of Judges of the Russian Federation shall be entrusted to the Judicial Department under the Supreme Court of the Russian Federation.

Chapter V. FINAL PROVISIONS

1. This Federal Law shall enter into force on the day of its official publication.

2. The Highest Qualification Board of Judges of the Russian Federation, formed prior to the entry into force of this federal law exercise their powers until the appointment of representatives of the public and a representative of the President of the Russian Federation. Members of the High Qualification Board of Judges of the Russian Federation, formed before the entry into force of this Federal Law, shall exercise their powers until the expiration of the term for which they were elected, together with members of the public and a representative of the President of the Russian Federation as part of the High Qualification Board formed in accordance with this Federal Law. board of judges of the Russian Federation.

3. Qualification boards of judges of the Supreme Court of the Russian Federation, subjects of the Russian Federation, military districts, groups of troops and fleets, the Supreme Arbitration Court of the Russian Federation and others arbitration courts, as well as examination commissions formed prior to the entry into force of this Federal Law, continue to exercise their powers until the formation of the relevant qualification boards of judges and examination commissions provided for by this Federal Law, but not more than six months from the date of entry into force of this Federal Law.

4. The Council of Judges of the Russian Federation, elected prior to the entry into force of this Federal Law, shall exercise its powers until the expiration of the term for which it was formed.

5. The councils of judges of the constituent entities of the Russian Federation, military districts, groups of troops and fleets, arbitration courts elected before the entry into force of this Federal Law shall continue to exercise their powers until the election of the relevant councils of judges of the constituent entities of the Russian Federation provided for by this Federal Law, but not more than six months from the date of entry into force of this Federal Law.

6. Within three months from the date of entry into force of this Federal Law in the constituent entities of the Russian Federation, in the manner prescribed by this Federal Law, conferences and general meetings of judges are held at which judges are elected to the councils of judges of the constituent entities of the Russian Federation and qualification boards of judges of the constituent entities of the Russian Federation. Federation.

7. Qualification boards of judges and examination boards, formed before the entry into force of this Federal Law, transfer all documentation, including archives, to the newly formed corresponding qualification boards of judges and examination boards.

8. Calculation of the terms of office of members of councils of judges and qualification boards of judges, provided for in paragraphs 3 and 4 of Article 8, paragraph 7 of Article 11 of this Federal Law, is based on the fact that the first term of office is the term for which the judge was elected after the entry into force of this federal law.

9. From the date of entry into force of this Federal Law, to recognize as invalid:

Decree of the Presidium of the Supreme Soviet of the RSFSR of December 6, 1989 "On approval of the Regulations on the procedure for convening and holding a conference of judges of the courts of the RSFSR" (Vedomosti of the Supreme Council of the RSFSR, 1989, No. 50, item 1479);

paragraph 1 of the Resolution of the Supreme Council of the Russian Federation of May 13, 1993 N 4960-I "On Approval of the Regulations on the Qualification Boards of Judges and the Regulations on the Qualification Certification of Judges" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, N 24, Art. .856);

clause 10 of Article 1 of the Federal Law of November 16, 1997 N 144-FZ "On the introduction of amendments and additions to laws and other legal acts of the Russian Federation in connection with the adoption of the Federal Constitutional Law "On Arbitration Courts in the Russian Federation" and the Arbitration procedural code of the Russian Federation" (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 1997, N 47, item 5341).

Establish that from the date of entry into force of this Federal Law, the Regulations on the Qualification Attestation of Judges, approved by Resolution of the Supreme Council of the Russian Federation of May 13, 1993 N 4960-I "On Approval of the Regulations on the Qualification Boards of Judges and the Regulations on the Qualification Attestation of Judges" (Bulletin of the Congress People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 24, Article 856), shall be applied to the extent not inconsistent with this Federal Law.

The president
Russian Federation
V. PUTIN

Moscow Kremlin

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Chapter I. The Judicial Community in the Russian Federation and the Bodies of the Judicial Community

Article 1. Judicial community in the Russian Federation

Judicial community in the Russian Federation (hereinafter - judicial community) form judges of federal courts of all types and levels, judges of courts of constituent entities of the Russian Federation that make up judicial system Russian Federation.

Article 2. Judge - a member of the judiciary

1. Judges of federal courts and courts of constituent entities of the Russian Federation are members of the judiciary from the moment they take the oath as a judge and until the decision to terminate the powers of a judge enters into force, except in the case of termination of powers in connection with an honorable resignation or an honorable removal of a judge into retirement.

2. A retired judge retains his membership in the judiciary until the termination of his retirement and may, with his consent, be involved in work in the bodies of the judiciary. A retired judge is not entitled to elect members of the qualification boards of judges and be elected to the qualification boards of judges from the judiciary.

Article 3. Bodies of the judiciary

1. Bodies of the judiciary are formed and act in accordance with federal constitutional laws and federal laws to express the interests of judges as holders of judicial power.

2. Bodies of the judiciary in the Russian Federation are:

All-Russian Congress of Judges;

conferences of judges of the subjects of the Russian Federation;

Council of Judges of the Russian Federation;

councils of judges of subjects of the Russian Federation;

general meetings of court judges;

Higher Qualification Board of Judges of the Russian Federation;

qualification boards of judges of constituent entities of the Russian Federation.

3. The activities of the bodies of the judiciary are regulated by acts (regulations, regulations) adopted by these bodies.

Article 4. Main tasks of the bodies of the judiciary

The main tasks of the bodies of the judiciary are:

1) assistance in improving the judicial system and legal proceedings;

2) protection of rights and legitimate interests judges;

3) participation in the organizational, personnel and resource support of judicial activities;

Article 5. Principles of organization and activity of bodies of the judiciary

1. The bodies of the judiciary carry out their activities collegially, publicly, with strict observance of the principles of independence of judges and non-interference in judicial activities.

2. Councils of judges and qualification boards of judges are organized on the principles of election, turnover and accountability to the bodies that elected them. Qualification boards of judges are not accountable to the bodies that elected them for their decisions.

Article 6. All-Russian Congress of Judges

The Congress is authorized to make decisions on all issues related to the activities of the judiciary, with the exception of issues related to the powers of the qualification boards of judges, and is also authorized to approve the code of judicial ethics and acts regulating the activities of the judiciary. Decisions of the congress are taken by a simple majority of votes, unless the congress establishes a different procedure for making decisions.

2. Delegates to the congress are elected according to the following norms of representation:

from judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation - ten judges each;

from judges of each federal arbitration court of the district - two judges;

from judges of each supreme court of the republic, regional, regional court, city courts federal significance, ships autonomous region and ships autonomous region- one judge, as well as an additional one judge from each 50 judges of each supreme court of the republic, a regional court, a federal city court, an autonomous region court and an autonomous district court;

from judges of each arbitration court of a constituent entity of the Russian Federation - one judge, as well as additionally one judge from each 30 judges of each arbitration court of a constituent entity of the Russian Federation;

from the judges of each district (naval) military court - two judges;

from judges of garrison military courts - one judge from each subject of the Russian Federation on whose territory garrison military courts operate;

from the judges district courts- one judge from each constituent entity of the Russian Federation, as well as an additional one judge from each 100 judges of district courts operating in the territory of the constituent entity of the Russian Federation;

from justices of the peace - one judge from each subject of the Russian Federation;

from judges of each constitutional (charter) court of a constituent entity of the Russian Federation - one judge each.

3. Delegates to the congress from judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, federal arbitration courts of districts, district (naval) military courts are elected at general meetings of judges of these courts, and delegates from judges of other courts - at conferences of judges of the subjects of the Russian Federation.

The Congress is convened once every four years by the Council of Judges of the Russian Federation. An extraordinary congress must be convened if the decision to do so is adopted by conferences of judges in at least half of the constituent entities of the Russian Federation.

The Congress is considered competent if more than half of the elected delegates take part in its work.

The chairman of the Council of Judges of the Russian Federation presides over the congress.

Article 7

1. Conferences of judges of the constituent entities of the Russian Federation (hereinafter also referred to as conferences of judges) represent judges of the supreme courts of the republics, territorial, regional courts, courts of cities of federal significance, courts of the autonomous region and courts of autonomous districts, arbitration courts of the constituent entities of the Russian Federation, constitutional (charter) courts of the constituent entities of the Russian Federation, as well as justices of the peace, judges of district courts and garrison military courts operating in the territories of the respective constituent entities of the Russian Federation.

Conferences of judges are authorized to make decisions on all issues related to the activities of the judiciary in the constituent entities of the Russian Federation, with the exception of issues related to the powers of qualification boards of judges, and are also authorized to approve acts regulating the activities of the bodies of the judiciary in the constituent entities of the Russian Federation. Decisions of the conferences of judges are taken by a simple majority of votes, unless the conferences establish a different decision-making procedure.

2. Conferences of judges are convened by the council of judges of the relevant subject of the Russian Federation as necessary, but at least once every two years.

The procedure for electing delegates to the first conference of judges after the entry into force of this Federal Law and the norms for their representation from the relevant courts are approved by the council of judges of the relevant subject of the Russian Federation, for subsequent conferences of judges - by the conference of judges.

Delegates to the conference of judges are elected taking into account the need for representation of judges respectively from the supreme courts of the republics, regional, regional courts, courts of federal cities, the court of the autonomous region and the courts of autonomous districts, arbitration courts of the constituent entities of the Russian Federation, constitutional (charter) courts of the constituent entities of the Russian Federation , as well as from justices of the peace, judges of district courts and judges of garrison military courts operating in the territories of the respective constituent entities of the Russian Federation.

The chairman of the council of judges of the corresponding subject of the Russian Federation presides over the conference of judges.

Article 8. Formation of councils of judges

1. The Council of Judges of the Russian Federation is formed by the All-Russian Congress of Judges from among the judges of federal courts, as well as judges of the courts of the subjects of the Russian Federation.

The following norms of representation are established in the Council of Judges of the Russian Federation:

from judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation - two judges each;

from judges of the supreme courts of the republics, territorial, regional courts, courts of cities of federal significance, the court of the autonomous region and the courts of autonomous districts - five judges;

from judges of arbitration courts of constituent entities of the Russian Federation - eight judges;

from judges of district (naval) military courts - two judges;

from judges of garrison military courts - three judges;

from judges of district courts - eight judges;

from justices of the peace - five judges;

from judges of constitutional (charter) courts of constituent entities of the Russian Federation - three judges;

from each subject of the Russian Federation - one judge, elected by the congress on the proposal of the corresponding conference of judges of the subject of the Russian Federation.

2. Members of the Council of Judges of the Russian Federation, representing judges of courts of all types and levels, are elected by secret ballot congress delegates from the respective courts from their membership at separate meetings of delegates. The judges who received the largest number of votes of the congress delegates who took part in the voting at separate meetings of delegates are considered elected, provided that more than half of the congress delegates from the respective courts took part in the voting.

Members of the Council of Judges of the Russian Federation, represented by conferences of judges, are elected by secret ballot by the delegates of the congress. Judges who receive a majority of the votes of the congress delegates who took part in the voting are considered elected.

3. The Council of Judges of the Russian Federation elects from among its members the Chairman of the Council of Judges of the Russian Federation and his deputies who are accountable to it.

A member of the Council of Judges of the Russian Federation cannot be elected to the position of Chairman of the Council of Judges of the Russian Federation or Deputy Chairman of the Council of Judges of the Russian Federation more than twice in a row.

The Presidium of the Council of Judges of the Russian Federation is elected by the Council of Judges of the Russian Federation from among its members, taking into account the need to represent judges of federal courts, including judges of the Constitutional Court of the Russian Federation, judges of courts of general jurisdiction, including military courts, judges of arbitration courts and judges of courts of constituent entities of the Russian Federation. Federation. The Presidium of the Council of Judges of the Russian Federation is composed ex officio of the Chairman of the Council of Judges of the Russian Federation and his deputies.

4. Councils of judges of the constituent entities of the Russian Federation are elected by the conferences of judges in the number and manner determined by the conferences of judges in accordance with their regulations, taking into account the need for judges to be represented in them, respectively, from the supreme courts of the republics, territorial, regional courts, courts of cities of federal significance, the court of the autonomous region and courts of autonomous districts, arbitration courts of constituent entities of the Russian Federation, constitutional (charter) courts of constituent entities of the Russian Federation, as well as from justices of the peace, judges of district courts and garrison military courts operating in the territories of the respective constituent entities of the Russian Federation.

The Council of Judges of the Subjects of the Russian Federation shall elect from among its members the Chairman of the Council of Judges of the Subject of the Russian Federation and his deputies accountable to it.

A member of the council of judges of a constituent entity of the Russian Federation may not be elected to the position of chairman of the council of judges of a constituent entity of the Russian Federation or deputy chairman of the council of judges of a constituent entity of the Russian Federation more than twice in a row.

5. The powers of a member of the council of judges may be prematurely terminated on his initiative or in the event that he commits disciplinary offense. Decision on early termination powers of members of councils of judges is adopted respectively by the congress or conference of judges, and in the period between congresses (conferences) of judges - by the relevant council of judges.

Article 9

1. The Council of Judges of the Russian Federation is an elected body of the judiciary, accountable only to the congress.

2. The Council of Judges of the Russian Federation is convened as needed, but at least twice a year.

3. The working body of the Council of Judges of the Russian Federation is the Presidium of the Council of Judges of the Russian Federation, which is created for the prompt collegial resolution of issues determined by the regulations of the Council of Judges of the Russian Federation.

Meetings of the Presidium of the Council of Judges of the Russian Federation are held as needed, but at least four times a year.

4. The Chairman of the Council of Judges of the Russian Federation convenes the Council of Judges of the Russian Federation, the Presidium of the Council of Judges of the Russian Federation and manages their work in accordance with the regulations of the Council of Judges of the Russian Federation.

5. The Chairman of the Council of Judges of the Russian Federation shall represent the Council of Judges of the Russian Federation in state authorities and bodies local government, in public associations, the media, as well as in the implementation of international cooperation.

6. On behalf of the Chairman of the Council of Judges of the Russian Federation, his powers may be exercised by one of his deputies.

Article 10. Powers of councils of judges

1. Council of Judges of the Russian Federation:

1) convenes the All-Russian Congress of Judges;

2) gives consent to appointment and dismissal Director General of the Judicial Department under the Supreme Court of the Russian Federation and hears its annual reports on the organizational, personnel and resource support of judicial activities;

3) elects judges to the High Qualification Board of Judges of the Russian Federation instead of those who retired between congresses;

4) study, generalize and disseminate the experience of the bodies of the judiciary, develop recommendations for improving their activities;

5) determine the procedure for the participation of judges of garrison military courts operating outside the Russian Federation in the work of the bodies of the judicial community of the constituent entities of the Russian Federation;

6) exercise other powers assigned to its jurisdiction by federal laws.

2. Representatives of the Council of Judges of the Russian Federation have the right to participate in the discussion of the draft federal law on federal budget in the Federal Assembly of the Russian Federation.

3. The Council of Judges of the Russian Federation, as well as other bodies of the judiciary, within the limits of their competence, carry out direct relations with the bodies of the judiciary and professional associations (associations) of judges of other states, with international organizations, as well as with the media.

4. Councils of judges of the subjects of the Russian Federation:

1) during the period between conferences of judges, consider all issues within the competence of conferences of judges, with the exception of the election of qualification boards of judges of constituent entities of the Russian Federation and hearing their reports;

2) convene conferences of judges;

3) elect judges to the qualification boards of judges of the respective subjects of the Russian Federation instead of judges who retired between conferences.

5. The Council of Judges of the Russian Federation and the councils of judges of the constituent entities of the Russian Federation may exercise their powers if their composition is formed by at least two-thirds.

Article 11. Formation of qualification boards of judges

1. Qualification boards of judges are formed from judges of federal courts, judges of courts of constituent entities of the Russian Federation, members of the public, and representatives of the President of the Russian Federation.

2. The High Qualification Board of Judges of the Russian Federation is formed in the amount of 29 members of the board.

Members of the collegium from among the judges are elected according to the following norms of representation:

from judges of the Supreme Court of the Russian Federation - two judges;

from judges of the Supreme Arbitration Court of the Russian Federation - two judges;

from judges of federal arbitration courts of districts - three judges;

from judges of the supreme courts of the republics, territorial, regional courts, courts of cities of federal significance, the court of the autonomous region and the courts of autonomous districts - four judges;

from judges of arbitration courts of constituent entities of the Russian Federation - four judges;

from judges of district (naval) military courts - three judges.

Ten members of the collegium - representatives of the public are appointed by the Federation Council of the Federal Assembly of the Russian Federation.

One member of the board - a representative of the President of the Russian Federation - is appointed by the President of the Russian Federation.

3. Judges to the High Qualifications Board of Judges of the Russian Federation are elected by secret ballot at the congress by congress delegates from the respective courts from among their membership at separate meetings of delegates.

The judges who received at the separate meetings of delegates the largest number of votes of the congress delegates who took part in the voting are considered elected, provided that more than half of the congress delegates from the respective courts took part in the voting.

Election of judges to the High Qualification Board of Judges of the Russian Federation instead of those who left between congresses is carried out by the Council of Judges of the Russian Federation.

4. The qualification board of judges of a constituent entity of the Russian Federation is formed according to the following representation standards:

from judges of the supreme court of a republic, a regional court, a court of a city of federal significance, a court of an autonomous region and a court of an autonomous district - two judges;

from judges of an arbitration court of a constituent entity of the Russian Federation - five judges;

from judges of district courts - three judges;

seven members of the public;

In the constituent entities of the Russian Federation, in which the total number of judges of the courts specified in paragraphs two to six of this paragraph is less than 30, the qualification board of judges is formed in the amount of 11 members of the board according to the following representation norms:

from the judges of the supreme court of the republic, the regional court, the court of the city of federal significance, the court of the autonomous region and the court of the autonomous district - one judge;

from judges of an arbitration court of a constituent entity of the Russian Federation - two judges;

from judges of garrison military courts - one judge;

from judges of district courts - two judges;

from judges of the constitutional (charter) court of a constituent entity of the Russian Federation - one judge;

from justices of the peace - one judge;

two members of the public;

one representative of the President of the Russian Federation.

If a supreme court of a republic, a regional court, a court of a city of federal significance, a court of an autonomous region, a court of an autonomous district, an arbitration court of a constituent entity of the Russian Federation, a constitutional (charter) court of a constituent entity of the Russian Federation have not been formed in a constituent entity of the Russian Federation, justices of the peace do not operate, there are no garrison military courts, then the qualification board of judges of this subject of the Russian Federation is formed without the participation of representatives of judges of these courts. At the same time, the norms of representation specified in the second - eighth paragraphs of this paragraph shall be preserved.

5. Judges of the Arbitration Court of St. Petersburg and the Leningrad Region are elected to the qualification board of judges and other bodies of the judiciary community of St. Petersburg.

The Qualification Board of Judges of the Leningrad Region is formed according to the following representation standards:

from the judges of the Leningrad Regional Court - two judges;

from judges of garrison military courts - one judge;

from judges of district courts of the Leningrad Region - three judges;

from judges of the statutory court of the Leningrad Region - one judge;

from justices of the peace - one judge;

four members of the public;

one representative of the President of the Russian Federation.

Judges of district courts and justices of the peace of the Evenk Autonomous District are elected to the qualification board of judges and other bodies of the judicial community of the Krasnoyarsk Territory.

6. Judges to the qualification board of judges of a subject of the Russian Federation are elected by secret ballot at a conference of judges in the manner determined by this conference.

The election of judges to the qualification board of judges of a constituent entity of the Russian Federation instead of those who dropped out between conferences is carried out by the council of judges of a constituent entity of the Russian Federation.

Representatives of the public in the qualification board of judges of a constituent entity of the Russian Federation are appointed by the legislative (representative) body of state power of a constituent entity of the Russian Federation in the manner determined by laws and other regulatory legal acts of a constituent entity of the Russian Federation.

The representative of the President of the Russian Federation in the qualification board of judges of the subject of the Russian Federation is appointed by the President of the Russian Federation.

7. Chairmen of courts and their deputies cannot be members of the qualification boards of judges.

A judge cannot be simultaneously elected to a council of judges and a qualification board of judges of the same level, and also cannot be a member of qualification boards of judges of different levels.

A member of the qualification board of judges cannot be elected to the position of chairman or deputy chairman of the qualification board of judges more than twice in a row.

The powers of a member of the Qualification Board of Judges from among judges may be prematurely terminated on his initiative, or if he commits a disciplinary offense, or if he is absent from meetings of the Qualification Board of Judges for four months without good reason. The decision on early termination of the powers of members of the qualification board of judges from among judges is made by the congress (conference) of judges, and in the period between congresses (conferences) of judges - by the relevant council of judges.

8. Representatives of the public, representatives of the President of the Russian Federation in the qualification boards of judges may be citizens of the Russian Federation who have reached the age of 35, who have higher legal education who have not committed acts discrediting them, who do not replace state or municipal positions, public office or municipal service who are not lawyers.

A representative of the public, a representative of the President of the Russian Federation in the qualification board of judges, when exercising the powers of a member of the qualification board of judges, as well as in off-duty relations, must avoid anything that could diminish the authority of the judiciary or raise doubts about the objectivity, fairness and impartiality of these representatives.

The powers of a member of the qualification board of judges - a representative of the public, by decision, respectively, of the Federation Council of the Federal Assembly of the Russian Federation, the legislative (representative) body of state power of a constituent entity of the Russian Federation, may be prematurely terminated in cases of committing a discrediting act, as well as systematic failure by him to fulfill the duties of a member of the qualification board of judges.

The powers of a member of the qualification board of judges - a representative of the President of the Russian Federation, by decision of the President of the Russian Federation, may be prematurely terminated in cases of committing a discrediting act, as well as systematic failure to fulfill the duties of a member of the qualification board of judges.

Article 12. General Meetings of Court Judges

In order to discuss issues related to improving the organization of the work of the court, expressing the legitimate interests of judges, as well as for holding, in the cases established by this Federal Law, the election of delegates to the congress (conference) of judges, general meetings may be convened in each court at least once a year. judges. By decision of the general meeting, a council of judges of the given court may be elected.

Article 13. Term of office of elected bodies of the judiciary

1. The Council of Judges of the Russian Federation and the Councils of Judges of the Subjects of the Russian Federation are elected for four and two years, respectively.

The High Qualification Board of Judges of the Russian Federation and the Qualification Board of Judges of the Subjects of the Russian Federation are formed for four and two years, respectively.

2. After the expiration specified deadlines the powers of the elected bodies of the judiciary remain until the next congress, conferences and general meetings of judges.

Article 14

1. The rules of procedure for the work of the All-Russian Congress of Judges and the rules for holding meetings of the Council of Judges of the Russian Federation are approved by the All-Russian Congress of Judges.

2. The rules of procedure for conferences of judges and the rules for holding meetings of councils of judges of constituent entities of the Russian Federation are approved by conferences of judges of constituent entities of the Russian Federation.

3. Qualification boards of judges carry out their activities in accordance with the regulation on the procedure for the work of qualification boards of judges, approved by the High Qualification Board of Judges of the Russian Federation.

Article 15

1. Councils of judges and qualification boards of judges have the right to request from state bodies, public associations and officials and receive from them information and documents necessary for their activities.

2. Requests, appeals and decisions of the bodies of the judiciary are subject to consideration within a month from the date of their receipt by the state bodies, public associations and to officials.

Article 16. Interaction of bodies of the judiciary

1. Councils of judges and qualification boards of judges periodically exchange information about their activities.

2. The Council of Judges of the Russian Federation and the Presidium of the Council of Judges of the Russian Federation, the High Qualification Board of Judges of the Russian Federation and the Presidium of the High Qualification Board of Judges of the Russian Federation send, respectively, to the councils of judges and the qualification boards of judges of the constituent entities of the Russian Federation the necessary information about their activities.

3. Councils of judges and qualification boards of judges of constituent entities of the Russian Federation inform the Council of Judges of the Russian Federation and the High Qualification Board of Judges of the Russian Federation about their activities, respectively.

Chapter II. Powers of qualification boards of judges

Article 17. Powers of the High Qualification Board of Judges of the Russian Federation

1. The High Qualification Board of Judges of the Russian Federation considers the issues referred to its competence by federal constitutional laws, federal laws, and takes reasoned decisions.

2. The Highest Qualification Board of Judges of the Russian Federation:

1) consider applications of candidates for the positions of the Chairman of the Supreme Court of the Russian Federation, the Chairman of the Supreme Arbitration Court of the Russian Federation, their deputies and submit their opinions to the President of the Russian Federation;

2) consider applications of candidates for the positions of chairmen, deputy chairmen of other federal courts (with the exception of district courts), as well as judges of the Supreme Court of the Russian Federation, the Higher Arbitration Court of the Russian Federation, federal arbitration courts of districts, district (naval) military courts and submit to the Chairman, respectively the Supreme Court of the Russian Federation and the Chairman of the Supreme Arbitration Court of the Russian Federation their conclusions;

3) announces in the media about the opening vacancies chairmen, deputy chairmen of federal courts (with the exception of district courts), as well as judges of the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, federal arbitration courts of districts, district (naval) military courts, indicating the time and place of receipt and consideration of documents;

4) suspend, renew or terminate powers, as well as terminate the resignation of chairmen, deputy chairmen of federal courts (with the exception of district courts), judges of the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, federal arbitration courts of districts, district (naval) military courts, members of the Council of Judges of the Russian Federation and the High Qualification Board of Judges of the Russian Federation, chairmen of councils of judges and qualification boards of judges of constituent entities of the Russian Federation;

5) carries out qualification certification of chairmen, deputy chairmen of federal courts (with the exception of the Supreme Court of the Russian Federation, the Higher Arbitration Court of the Russian Federation and district courts), as well as judges of the Supreme Court of the Russian Federation, the Higher Arbitration Court of the Russian Federation, federal arbitration courts of districts and district ( naval) military courts;

6) gives opinions on the possibility of engaging retired judges to serve as judges of the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, federal arbitration courts of districts and district (naval) military courts;

7) assigns judges the first and highest qualification classes;

8) imposes disciplinary action on chairmen, deputy chairmen of federal courts (with the exception of district courts), as well as on judges of the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, federal arbitration courts of districts and district (naval) military courts for committing a disciplinary offense by them;
9) approves the regulation on the procedure for the work of qualification boards of judges;

10) considers issues falling within the competence of qualification boards of judges of constituent entities of the Russian Federation, if they cannot be resolved by these boards;

11) get acquainted with the work of the qualification boards of judges of the subjects of the Russian Federation, hear reports from their chairmen on the work done and give recommendations aimed at improving the activities of these boards; studies and generalizes the practice of work of qualifying collegiums of judges, organizes the training of members of these collegiums;

12) makes decisions on nominating judges for awards state awards the Russian Federation and awarding them honorary titles of the Russian Federation;

13) exercise other powers provided for by federal constitutional laws and federal laws.

3. The High Qualification Board of Judges of the Russian Federation may exercise its powers if its composition is formed by at least two-thirds.

Article 18

1. The Presidium of the High Qualification Board of Judges of the Russian Federation shall consist of the chairman of the said board and three of his deputies, elected by the High Qualification Board of Judges of the Russian Federation from among its members.

2. The Presidium of the High Qualifications Board of Judges of the Russian Federation is the working body of this board, is accountable to it and is formed to promptly resolve issues related to the organization of the work of the High Qualifications Board of Judges of the Russian Federation.

Article 19

1. Qualification boards of judges of the constituent entities of the Russian Federation consider issues within their competence by federal constitutional laws, federal laws, and make reasoned decisions in relation to judges of the supreme courts of the republics, territorial, regional courts, courts of cities of federal significance, a court of an autonomous region and courts of autonomous districts , arbitration courts of the constituent entities of the Russian Federation, justices of the peace, judges of district courts (including chairmen and deputy chairmen of district courts), garrison military courts operating on the territory of the corresponding constituent entity of the Russian Federation, and in cases provided for by regulatory legal acts of the constituent entities of the Russian Federation - in relation to judges of constitutional (charter) courts of constituent entities of the Russian Federation.

2. Qualification boards of judges of constituent entities of the Russian Federation:

1) consider the applications of persons applying for the relevant position of a judge, and, taking into account the results of the qualification examination, give conclusions on the recommendation of these persons for the position of a judge or on the refusal of such a recommendation;

2) approve the composition of the examination commissions for taking the qualification exam for candidates for the position of a judge of the relevant court;

3) announce in the media about the opening of vacant positions of chairmen, deputy chairmen of district courts, as well as judges of the relevant federal courts, indicating the time and place for receiving and considering documents;

4) organize verification of the authenticity of biographical and other information submitted by candidates for vacant positions;

5) suspend, renew or terminate the powers, as well as terminate the resignation of judges of the relevant federal courts (with the exception of the persons specified in subparagraph 4 of paragraph 2 of Article 17 of this Federal Law), chairmen and deputy chairmen of district courts, members of the relevant councils of judges and qualification boards of judges subjects of the Russian Federation;

6) carry out qualification certification of judges of the respective courts, as well as justices of the peace, chairmen and deputy chairmen of district courts; assign qualification classes to judges of the respective courts, as well as justices of the peace, chairmen and deputy chairmen of district courts (with the exception of the first and highest);

7) give opinions on the possibility of engaging retired judges to serve as judges of the relevant federal courts, as well as chairmen and deputy chairmen of district courts;

8) impose disciplinary sanctions on judges of the respective courts (including chairmen and deputy chairmen of district courts) for committing a disciplinary offence;

9) exercise other powers in accordance with federal constitutional laws and federal laws.

3. Qualification boards of judges of the constituent entities of the Russian Federation may exercise their powers if their composition is formed by at least two-thirds.

Article 20

1. The Qualification Board of Judges has the right to revise an earlier decision due to newly discovered circumstances.

An application for reconsideration of the said decision due to newly discovered circumstances may be submitted to the qualification board of judges by a candidate for the position of a judge or a judge in respect of whom the decision was made, as well as by the official on whose recommendation the decision was made.

2. The grounds for reviewing a decision on newly discovered circumstances are such circumstances that were not known to the Qualification Board of Judges and by themselves or together with previously established circumstances give grounds for making another decision.

Chapter III. Proceedings in qualification boards of judges

Article 21

1. The preparation of a meeting of a qualification board of judges shall be carried out by the chairman of the qualification board of judges or his deputy, who determines the time and place of the meeting, as well as the circle of persons to be invited to the meeting.

Invited persons must be promptly notified of the time and place of the meeting.

2. A judge in respect of whom proceedings have been initiated by the Qualification Board of Judges shall have the right to familiarize themselves with the materials available in the Qualification Board of Judges and submit their objections and comments.

3. The judge in respect of whom proceedings have been initiated shall be notified of the time and place of the meeting of the Qualification Board of Judges within the period necessary to attend the meeting.

4. In case of non-appearance without good reason at a meeting of the Qualification Board of Judges of a judge duly notified of the time and place of the meeting, the Qualification Board of Judges shall consider the issue in his absence.

When reviewing the material disciplinary responsibility judge, bringing the judge to criminal liability By decision of the Qualification Board of Judges, the powers of a judge may be suspended until a decision is made on the merits of the issue. This decision may be taken in the absence of a judge, including in the case of his absence for a good reason.

5. A member of the qualification board of judges, with her consent, may not participate in the consideration of a specific material. A member of the qualification board of judges who has taken part in its meeting is not entitled to abstain from voting.

6. Chairmen and deputy chairmen of courts, heads of the Judicial Department at the Supreme Court of the Russian Federation and its constituent bodies, chairmen and deputy chairmen of councils of judges, other qualification boards of judges or their representatives.

Article 22

1. The presentation of the chairman of the relevant or higher court or the appeal of the body of the judiciary to terminate the powers of a judge in connection with the commission of a disciplinary offense is considered by the qualification board of judges if the submitted materials contain information confirming the circumstances of the commission of this offense, and data characterizing the judge.

The Qualification Board of Judges, within its powers, may conduct an additional verification of the submitted materials, request additional materials and hear explanations from the relevant persons about the circumstances of the commission of a disciplinary offense by a judge.

2. Complaints and messages containing information about the commission of a disciplinary offense by a judge, received by the qualification board of judges from bodies and officials not specified in paragraph 1 this article, as well as from citizens, are checked by the qualification board of judges independently or sent for verification to the chairman of the corresponding court.

3. If the issue of terminating the powers of a judge in connection with the commission of a disciplinary offense by him or the existence of data on the commission of the specified misconduct by him requiring additional verification is raised, consideration of the application of the judge on the termination of his powers on other grounds shall be suspended until consideration of the merits of the said issue.

Article 23

1. The qualification board of judges is authorized to make a decision if more than half of the members of the qualification board of judges are present at its meeting.

The decision is considered adopted if more than half of the members of the qualification board of judges who took part in the meeting voted for it.

The decision to terminate or suspend the powers of a judge or his resignation is considered adopted if at least two thirds of the members of the qualification board of judges who participated in the meeting voted for it.

2. Voting and decision-making are carried out in the absence of the judge in respect of whom the issue is being considered, as well as in the absence of invitees and other persons. A member of the Qualification Board of Judges has the right to state in writing his dissenting opinion, which is attached to the minutes of the meeting of the qualification board of judges.

3. The decision of the qualification board of judges shall be signed by the chairperson of the meeting and the secretary of the qualification board of judges. In the absence of the secretary of the qualification collegium of judges, the collegium decides to temporarily assign his duties to one of the members of the collegium.

Article 24

1. At a meeting of the qualification board of judges, a separate protocol is kept for each issue under consideration, which reflects all necessary information about the course of the meeting. The minutes are signed by the chairman of the meeting and the secretary of the board.

2. The person in respect of whom the issue was considered and the person who made the submission, within three days after receiving the notice of signing the minutes of the meeting of the qualification board of judges, have the right to apply in writing to the qualification board of judges with a request to familiarize themselves with the said protocol, get acquainted with it and submit your comments. These remarks shall be attached to the minutes of the meeting of the Qualification Board of Judges.

3. The secretary of the High Qualification Board of Judges of the Russian Federation is a full-time employee of the Judicial Department at the Supreme Court of the Russian Federation, and the secretaries of the qualification boards of judges of the constituent entities of the Russian Federation - staff members bodies included in its system in the constituent entities of the Russian Federation.

Article 25

The materials received must be considered by the High Qualification Board of Judges of the Russian Federation no later than three months, and by the qualification boards of judges of the constituent entities of the Russian Federation - no later than one month from the date of their receipt by the board, unless other terms are established by federal laws.

Article 26. Appeal against decisions of qualification boards of judges

1. The decision taken by the qualification board of judges may be appealed to judicial order the person to whom it was made.

2. Decisions of the High Qualification Board of Judges of the Russian Federation and the qualification boards of judges of constituent entities of the Russian Federation on the suspension or termination of the powers of a judge, bringing him to disciplinary liability, on the resignation of a judge and on its suspension, as well as on the refusal to recommend a judge may be appealed. stakeholder within ten days from the date of receipt of a copy of the relevant decision.

The said decisions of the High Qualification Board of Judges of the Russian Federation may be appealed to the Supreme Court of the Russian Federation, and of the qualification boards of judges of constituent entities of the Russian Federation - to the respective supreme courts of the republics, territorial and regional courts, courts of cities of federal significance, a court of an autonomous region and courts of autonomous districts.

3. Other decisions of qualification boards of judges may be appealed in the same manner only on grounds of violation of the procedure for their adoption.

4. Decisions of qualification boards of judges come into force from the moment they are announced. The decisions of the qualifying boards of judges are announced immediately after they have been made.

Chapter IV. Ensuring the activities of the bodies of the judiciary

Article 27

1. Organizational support for the activities of the bodies of the judiciary is carried out by the Judicial Department at the Supreme Court of the Russian Federation and its constituent bodies.

2. The Council of Judges of the Russian Federation and the High Qualifications Board of Judges of the Russian Federation provide methodological assistance to the relevant bodies of the judiciary in their activities.

3. The certificate of the chairman of the High Qualification Board of Judges of the Russian Federation shall be signed by the chairman of the Council of Judges of the Russian Federation.

Certificates of members of the High Qualification Board of Judges of the Russian Federation and chairmen of the qualification boards of judges of constituent entities of the Russian Federation shall be signed by the chairman of the High Qualification Board of Judges of the Russian Federation.

Certificates of members of the qualification boards of judges of the constituent entities of the Russian Federation are signed by the chairmen of the respective qualification boards of judges.

Article 28

1. The creation of proper conditions for the activities of the bodies of the judiciary, including the maintenance of their apparatus, the establishment of printed publications of the bodies of the judiciary, as well as financial and logistical support for the activities of the bodies of the judiciary, shall be entrusted to the Judicial Department under the Supreme Court of the Russian Federation and included in his organ system.

2. Financial and logistical support for the activities of the All-Russian Congress of Judges, the Council of Judges of the Russian Federation and the Presidium of the Council of Judges of the Russian Federation, the High Qualification Board of Judges of the Russian Federation and the Presidium of the High Qualification Board of Judges of the Russian Federation shall be entrusted to the Judicial Department under the Supreme Court of the Russian Federation.

Chapter V Final provisions

Article 29

1. This Federal Law shall enter into force on the day of its official publication.

2. The High Qualification Board of Judges of the Russian Federation, formed prior to the entry into force of this Federal Law, shall exercise its powers until the appointment of members of the public and a representative of the President of the Russian Federation. Members of the High Qualification Board of Judges of the Russian Federation, formed before the entry into force of this Federal Law, shall exercise their powers until the expiration of the term for which they were elected, together with members of the public and a representative of the President of the Russian Federation as part of the High Qualification Board formed in accordance with this Federal Law. board of judges of the Russian Federation.

3. Qualification boards of judges of the Supreme Court of the Russian Federation, constituent entities of the Russian Federation, military districts, groups of troops and fleets, the Supreme Arbitration Court of the Russian Federation and other arbitration courts, as well as examination commissions formed before the entry into force of this Federal Law, continue to exercise their powers before the formation of the relevant qualification boards of judges and examination commissions provided for by this Federal Law, but not more than six months from the date of entry into force of this Federal Law.

4. The Council of Judges of the Russian Federation, elected prior to the entry into force of this Federal Law, shall exercise its powers until the expiration of the term for which it was formed.

5. The councils of judges of the constituent entities of the Russian Federation, military districts, groups of troops and fleets, arbitration courts elected before the entry into force of this Federal Law shall continue to exercise their powers until the election of the relevant councils of judges of the constituent entities of the Russian Federation provided for by this Federal Law, but not more than six months from the date of entry into force of this Federal Law.

6. Within three months from the date of entry into force of this Federal Law in the constituent entities of the Russian Federation, in the manner prescribed by this Federal Law, conferences and general meetings of judges are held at which judges are elected to the councils of judges of the constituent entities of the Russian Federation and qualification boards of judges of the constituent entities of the Russian Federation. Federation.

7. Qualification boards of judges and examination boards, formed before the entry into force of this Federal Law, transfer all documentation, including archives, to the newly formed corresponding qualification boards of judges and examination boards.

8. Calculation of the terms of office of members of councils of judges and qualification boards of judges, provided for in paragraphs 3 and 4 of Article 8, paragraph 7 of Article 11 of this Federal Law, is based on the fact that the first term of office is the term for which the judge was elected after the entry into force of this federal law.

9. From the date of entry into force of this Federal Law, to recognize as invalid:

Decree of the Presidium of the Supreme Soviet of the RSFSR of December 6, 1989 "On approval of the Regulations on the procedure for convening and holding a conference of judges of the courts of the RSFSR" (Vedomosti of the Supreme Council of the RSFSR, 1989, No. 50, item 1479);

paragraph 1 of the Resolution of the Supreme Council of the Russian Federation of May 13, 1993 N 4960-I "On Approval of the Regulations on the Qualification Boards of Judges and the Regulations on the Qualification Certification of Judges" (Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, N 24, Art. .856);

Clause 10 of Article 1 of Federal Law No. 144-FZ of November 16, 1997 "On the Introduction of Amendments and Additions to Laws and Other Legal Acts of the Russian Federation in Connection with the Adoption of the Federal Constitutional Law "On Arbitration Courts in the Russian Federation" and the Arbitration Procedure Code of the Russian Federation "(Sobraniye zakonodatelstva Rossiyskoy Federatsii, 1997, N 47, art. 5341).\

Establish that from the date of entry into force of this Federal Law, the Regulations on the Qualification Attestation of Judges, approved by Resolution of the Supreme Council of the Russian Federation of May 13, 1993 N 4960-I "On Approval of the Regulations on the Qualification Boards of Judges and the Regulations on the Qualification Attestation of Judges" (Bulletin of the Congress People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 24, Article 856), shall be applied to the extent not inconsistent with this Federal Law.

The president
Russian Federation
V. Putin

The judicial community in the Russian Federation (hereinafter - the judicial community) is formed by judges of federal courts of all types and levels, judges of the courts of the constituent entities of the Russian Federation that make up the judicial system of the Russian Federation.

1. Judges of federal courts and courts of constituent entities of the Russian Federation are members of the judiciary from the moment they take the oath as a judge and until the decision to terminate the powers of a judge enters into force, except in the case of termination of powers in connection with an honorable resignation or an honorable removal of a judge into retirement.

2. A retired judge retains his membership in the judiciary until the termination of his retirement and may, with his consent, be involved in work in the bodies of the judiciary. A retired judge is not entitled to elect members of the qualification boards of judges and be elected to the qualification boards of judges from the judiciary.

4. The Supreme Court of the Russian Federation shall form a general meeting of judges of the Supreme Court of the Russian Federation and the Council of Judges of the Supreme Court of the Russian Federation, whose powers, procedure for formation and activities are regulated by a regulation adopted general meeting judges of the Supreme Court of the Russian Federation.

1. The bodies of the judiciary carry out their activities collegially, publicly, with strict observance of the principles of independence of judges and non-interference in judicial activities.

2. Councils of judges, qualification boards of judges, the Higher Examination Commission for taking the qualification exam for the position of a judge and the examination commissions of the constituent entities of the Russian Federation for taking the qualification exam for the position of a judge (hereinafter referred to as the examination commissions) are formed on the principles of election, turnover and accountability to the bodies, their elected. Qualification boards of judges and examination boards are not accountable to the bodies that elected them for their decisions.

The Congress is authorized to make decisions on all issues related to the activities of the judiciary, with the exception of issues related to the powers of qualification boards of judges and examination commissions, and is also authorized to approve a code of judicial ethics and acts regulating the activities of the judiciary. Decisions of the congress are taken by a simple majority of votes, unless the congress establishes a different procedure for making decisions.

From the judges of each supreme court of the republic, the regional court, the court of the city of federal significance, the court of the autonomous region and the court of the autonomous district - one judge, as well as an additional one judge from every fifty judges of each supreme court of the republic, the regional court, the court cities of federal significance, courts of an autonomous region and courts of an autonomous district;

From judges of each arbitration court of a constituent entity of the Russian Federation - one judge, as well as additionally one judge from every thirty judges of each arbitration court of a constituent entity of the Russian Federation;

The judicial community in the Russian Federation is an integral structure that unites all judges of the state. It includes judges of all specializations and levels. In order to regulate the activities of the bodies formed within the judiciary in the Russian Federation, an appropriate Federal Law was developed and adopted.

Federal Law No. 30-FZ “On Bodies of the Judicial Community in the Russian Federation” was adopted by the State Duma in the third reading on February 15 and approved by the Federation Council on February 27, 2002. Official publication of this normative act and its entry into force took place on March 14 of the same year. The text of 30-FZ on the bodies of the judiciary in the Russian Federation includes 5 chapters and 29 articles.

This federal law on the community of judges governs (Art. 14):

  • Activities of the All-Russian Congress of Judges;
  • Procedure for meetings of the Council of Judges of the Russian Federation;
  • Streamlining the activities of Qualification Judicial Collegia;
  • Organization and revision of the activities of the Higher Examination Commission.

According to article 2 of the law under consideration, each judge operating in the constituent entities of the Russian Federation becomes a member of the judiciary at the moment of taking the oath. Retired judges are not deprived of this membership and may be involved in activities in the bodies of the judiciary on the basis of its voluntary decision.

The primary tasks of the judiciary are:

  • Improvement of legal proceedings;
  • patronage legal rights judges;
  • Assistance in organizational, personnel and informative-resource support of the judicial system;
  • Approval of the authority of the judiciary;
  • Following the statutes of the Code of Judicial Ethics.

Bodies of the judiciary and their powers

According to the text article 6 valid Federal Law, All-Russian judges' convention represents the highest authorized body judicial community. The powers of the congress do not fall only on the resolution of issues regarding qualification colleges and commissions on examination procedures. Judicial code of ethics approved and modified by the congress.

The congress delegation is determined and appointed in the following composition:

  • 10 referees from Constitutional Court RF;
  • 20 judges from Supreme Court Russian Federation;
  • 2 arbitrators each from arbitration and courts of appeal each county;
  • 1 judge from, arbitration courts of all regions of the Russian Federation, district military, statutory and other courts of each object of the Russian Federation.

The Congress is convened once every 4 years. and is considered held if more than half of the appointed delegates took part in it. The chairman of the Council of Judges of the Russian Federation takes the leading role at this event.

The powers Higher Qualification Board includes the following responsibilities:

  • Consideration of applications of applicants for the position of Chairman of the Supreme Court of the Russian Federation and provision of conclusions to the President;
  • Consideration of applications of applicants for the position of the Deputy Supreme Court of the Russian Federation and other officials of the relevant legal body;
  • Verification of information published in the media and telling about bad faith and abuse of authority of a certain judge;
  • Announcement in the media about the release of vacancies for the positions of Chairman of the Supreme Court of the Russian Federation, Deputy Chairman of the Supreme Court and other positions;
  • Deprivation of powers of certain judges, as well as suspension and resumption of their activities;
  • Implementation of attestation and recognition of the qualifications of judges of the Supreme Court of Justice;
    Awarding judges the first and second classes by qualification;
  • Appointment of penalties due to disciplinary violations on the servants of the Supreme Court of the Russian Federation;
  • Making decisions on conferring national awards to the servants of Themis;
  • Order on the involvement of retired servants of the law in the activities of the judiciary.
  • The activities of the High Qualification Board cannot be carried out if it exists with less than 2/3 of the required number of members.

Like other federal laws, FZ-30 regularly undergoes actual changes. The last amendments to the current Federal Law were made on June 2, 2016.

Download

For a detailed study of the activities of the judiciary, it is necessary to familiarize yourself with the provisions of the relevant regulatory act.

The text of the Federal Law "On Bodies of the Judicial Community in the Russian Federation" N 30-FZ with the latest amendments can be downloaded

Amendments to the Federal Law on the judiciary

The latest amendments to the Federal Law on the bodies of the judiciary in the Russian Federation were made on June 2, 2016. The normative act N 168-FZ became the amending document.

The amendments concerned Article 11.1 valid federal law. Subparagraph 1 of paragraph 8 of this article states that the members of the Higher Examination Commission are elected by the delegation of the All-Russian Congress through closed voting. The servants of the law who received a higher percentage of votes in relation to other applicants are considered elected.

Significant changes have already been made articles 17 and 22 of the considered Federal Law 30-FZ on the judiciary. Significant changes in article 17 of the current normative act were introduced on March 12, 2014 and refer to the clarification of the powers of the Higher Qualification Board. In particular, it specifies what said authority is an mediator between representatives of the judiciary and the Government of the Russian Federation. The authorized body makes balanced and motivated decisions regarding the activities of a particular judge and submitted to the President of the Russian Federation for consideration.

To text article 22 FZ-30 significant amendments were made on October 2, 2012 through the provisions of the regulatory act N 165-FZ. According to the introduced changes, article 22, paragraph 1 decides that the consideration of the case on the deprivation of powers of a judge who has exceeded official powers is a direct responsibility qualification board. If information about the committed misconduct requires additional verification, the activities of the specified servant of the law are suspended until the circumstances are clarified. (item 3).