CIVIL

Judicial Power under Constitution of the Russian Federation-1993

Judicial power and prosecutor’s office

Section 118

1- Justice in the Russian Federation is administered only by the court.

2- The judiciary is exercised through constitutional, civil, arbitration, administrative and criminal proceedings.

3- The judicial system of the Russian Federation is established by the Constitution of the Russian Federation and federal constitutional law. The judicial system of the Russian Federation is composed of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, federal courts of general jurisdiction, commercial courts, justices of the peace of the constituent entities of the Russian Federation. The creation of emergency courts is not allowed.

Section 119

Judges may be citizens of the Russian Federation who have reached 25 years of age, have a higher legal education and work experience in the legal profession for at least five years, permanently residing in the Russian Federation, do not have foreign citizenship or a residence permit or other document confirming the right to permanent residence a citizen of the Russian Federation on the territory of a foreign state. In accordance with the procedure established by federal law, judges of the courts of the Russian Federation are prohibited from opening and having accounts (deposits), and keeping cash and valuables in foreign banks located outside the territory of the Russian Federation. Federal law may establish additional requirements for judges of the courts of the Russian Federation.

Article 120

1- Judges are independent and are subject only to the Constitution of the Russian Federation and federal law.

2- The court, having established during the consideration of the case the discrepancy between the act of the state or other body and the law, makes a decision in accordance with the law.

Section 121

1- Judges are irreplaceable.

2- The powers of a judge may be terminated or suspended only in accordance with the procedure and on the grounds established by federal law.

Section 122

1- Judges are immune.

2- A judge cannot be held criminally liable except in the manner determined by federal law.

Section 123

1- Proceedings in all courts shall be open. Hearing of a case in a closed session is allowed in cases provided for by federal law.

2- Trial of criminal cases in court in absentia shall not be permitted, except for the cases provided for by federal law.

3- Legal proceedings are carried out on the basis of adversarial nature and equality of the parties.

4- In cases stipulated by federal law, legal proceedings are carried out with the participation of a jury.

Section 124

Financing of courts is made only from the federal budget and must ensure the possibility of full and independent administration of justice in accordance with federal law.

Section 125

1-The Constitutional Court of the Russian Federation is the highest judicial body of constitutional control in the Russian Federation, exercising judicial power through constitutional proceedings in order to protect the foundations of the constitutional order, fundamental human and civil rights and freedoms, ensure the supremacy and direct action of the Constitution of the Russian Federation throughout the entire territory of the Russian Federation … The Constitutional Court of the Russian Federation consists of 11 judges, including the Chairman of the Constitutional Court of the Russian Federation and his deputy.

2-The Constitutional Court of the Russian Federation, at the request of the President of the Russian Federation, the Federation Council, the State Duma, one-fifth of the senators of the Russian Federation or deputies of the State Duma, the Government of the Russian Federation, the Supreme Court of the Russian Federation, legislative and executive bodies of the constituent entities of the Russian Federation, shall resolve cases on compliance with the Constitution Russian Federation:

a) federal constitutional laws, federal laws, regulations of the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation;

b) constitutions of republics, charters, as well as laws and other normative acts of the constituent entities of the Russian Federation, issued on issues related to the jurisdiction of the bodies of state power of the Russian Federation and the joint jurisdiction of bodies of state power of the Russian Federation and bodies of state power of the constituent entities of the Russian Federation;

c) agreements between state authorities of the Russian Federation and state authorities of constituent entities of the Russian Federation, contracts between state authorities of constituent entities of the Russian Federation;

d) international treaties of the Russian Federation that have not entered into force.

3- The Constitutional Court of the Russian Federation shall resolve disputes on competence:

a) between federal government bodies;

b) between the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation;

c) between the highest state bodies of the constituent entities of the Russian Federation.

4- The Constitutional Court of the Russian Federation, in accordance with the procedure established by federal constitutional law, verifies:

a) on complaints of violation of constitutional rights and freedoms of citizens – the constitutionality of laws and other normative acts specified in paragraphs “a” and “b” of part 2 of this article, applied in a particular case, if all other domestic remedies have been exhausted;

b) at the request of the courts – the constitutionality of laws and other normative acts specified in paragraphs “a” and “b” of part 2 of this article, subject to application in a particular case.

5- The Constitutional Court of the Russian Federation, at the request of the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation, legislative bodies of the constituent entities of the Russian Federation, interprets the Constitution of the Russian Federation.

5.1- Constitutional Court of the Russian Federation:

a) at the request of the President of the Russian Federation, verifies the constitutionality of draft laws of the Russian Federation on an amendment to the Constitution of the Russian Federation, draft federal constitutional laws and federal laws, as well as those adopted in the manner prescribed by parts 2 and 3 of Article 107 and part 2 of Article 108 of the Constitution of the Russian Federation, laws prior to their signing by the President of the Russian Federation;

b) in the manner prescribed by federal constitutional law, resolves the issue of the possibility of executing decisions of interstate bodies adopted on the basis of the provisions of international treaties of the Russian Federation in their interpretation, contrary to the Constitution of the Russian Federation, as well as the possibility of executing a decision of a foreign or international (interstate) court, a foreign or international arbitration court (arbitration) imposing obligations on the Russian Federation, if this decision contradicts the foundations of the public order of the Russian Federation;

c) at the request of the President of the Russian Federation in the manner prescribed by the federal constitutional law, verifies the constitutionality of the laws of the subject of the Russian Federation prior to their promulgation by the highest official of the subject of the Russian Federation (the head of the supreme executive body of state power of the subject of the Russian Federation).

6- Acts or their individual provisions, declared unconstitutional, become invalid; international treaties of the Russian Federation that do not comply with the Constitution of the Russian Federation are not subject to entry into force and application. Acts or their individual provisions, recognized as constitutional in the interpretation given by the Constitutional Court of the Russian Federation, shall not be applied in a different interpretation.

7- The Constitutional Court of the Russian Federation, at the request of the Federation Council, issues an opinion on the observance of the established procedure for bringing charges against the President of the Russian Federation or the President of the Russian Federation who has terminated the exercise of his powers of high treason or committing another serious crime.

8- The Constitutional Court of the Russian Federation exercises other powers established by the federal constitutional law.

Section 126

The Supreme Court of the Russian Federation is the highest judicial body in civil cases, the resolution of economic disputes, criminal, administrative and other cases, jurisdictional courts of general jurisdiction and commercial courts, formed in accordance with federal constitutional law and exercising judicial power through civil, arbitration, administrative and criminal legal proceedings. The Supreme Court of the Russian Federation exercises judicial supervision over the activities of courts of general jurisdiction and commercial courts in the procedural forms provided for by federal law and provides clarifications on matters of judicial practice.

Section 127

Excluded by the amendment to the Constitution of the Russian Federation (Law of the Russian Federation on the amendment to the Constitution of the Russian Federation “On the Supreme Court of the Russian Federation and the Prosecutor’s Office of the Russian Federation”).

Section 128

1- The Chairman of the Constitutional Court of the Russian Federation, Deputy Chairman of the Constitutional Court of the Russian Federation and judges of the Constitutional Court of the Russian Federation, Chairman of the Supreme Court of the Russian Federation, Deputy Chairmen of the Supreme Court of the Russian Federation and judges of the Supreme Court of the Russian Federation shall be appointed by the Federation Council on the proposal of the President of the Russian Federation.

2- Chairmen, deputy chairmen and judges of other federal courts are appointed by the President of the Russian Federation in the manner established by federal constitutional law.

3- The powers, procedure for the formation and activities of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and other federal courts are established by the Constitution of the Russian Federation and federal constitutional law. The procedure for carrying out civil, arbitration, administrative and criminal proceedings is also regulated by the relevant procedural legislation.

Section 129

1- The Prosecutor’s Office of the Russian Federation is a single federal centralized system of bodies exercising supervision over the observance of the Constitution of the Russian Federation and the implementation of laws, supervision over the observance of human and civil rights and freedoms, criminal prosecution in accordance with their powers, as well as performing other functions. The powers and functions of the Prosecutor’s Office of the Russian Federation, its organization and procedure for its activities are determined by federal law.

2- Prosecutors may be citizens of the Russian Federation who do not have citizenship of a foreign state or a residence permit or other document confirming the right of permanent residence of a citizen of the Russian Federation on the territory of a foreign state. In accordance with the procedure established by federal law, prosecutors are prohibited from opening and having accounts (deposits), keeping cash and valuables in foreign banks located outside the territory of the Russian Federation.

3- The Prosecutor General of the Russian Federation, the Deputy Prosecutors of the Russian Federation are appointed to office after consultation with the Federation Council and dismissed by the President of the Russian Federation.

4- Prosecutors of constituent entities of the Russian Federation, prosecutors of military and other specialized prosecutor’s offices, equated to prosecutors of constituent entities of the Russian Federation, shall be appointed to office after consultation with the Federation Council and dismissed by the President of the Russian Federation.

5- Other prosecutors may be appointed and dismissed from office by the President of the Russian Federation, if such a procedure for appointment to office and dismissal from office is established by federal law.

6- Unless otherwise provided by federal law, prosecutors of cities, districts and prosecutors equated to them are appointed and dismissed by the Prosecutor General of the Russian Federation.


 

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