Regulation on relation between the Government and the Judiciary – Government of the Russian Federation

Regulations of the Government of the Russian Federation
(approved by Decree of the Government of the Russian Federation of June 1, 2004 N 260)

VIII. The order of relations between the Government and the judiciary

By Decree of the Government of the Russian Federation of April 15, 2014 N 333, paragraph 100 was amended to come into force from the date of entry into force of the Federal Constitutional Law “On the Supreme Court of the Russian Federation

Law

110. In accordance with the Federal Constitutional Law “On the Judicial System of the Russian Federation”, the Government is developing a draft federal law on the federal budget in terms of financial support for the activities of the courts in cooperation with the Chairmen of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Director General of the Judicial Department under the Supreme Court Russian Federation and the Council of Judges of the Russian Federation.

111. Proposals on financial support for the activities of courts, justices of the peace and qualification boards of judges in the next financial year, agreed with the Council of Judges of the Russian Federation, are submitted to the Government by the Constitutional Court of the Russian Federation and the Judicial Department under the Supreme Court of the Russian Federation 60 days before the deadline established by federal law submission of a draft federal law on the federal budget to the State Duma.

112. Representatives of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the General Director of the Judicial Department at the Supreme Court of the Russian Federation participate in the discussion of the draft federal law on the federal budget in terms of financial support for the activities of the courts in order to resolve disagreements.

If there are unresolved disagreements, the Government shall attach to the draft federal law on the federal budget the proposals of the relevant courts, the Judicial Department under the Supreme Court of the Russian Federation and the Council of Judges of the Russian Federation with its opinion.

113. If the Constitutional Court of the Russian Federation recognizes federal laws or their individual provisions as unconstitutional, the Government, within its powers, takes the measures provided for by the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”.

114. If the relevant courts recognize acts of the Government or their individual provisions as not in accordance with the Constitution of the Russian Federation, federal laws and decrees of the President of the Russian Federation, the Government shall take decisions to bring these acts into line with federal legislation. The decisions of the courts are immediately communicated by the Government to the attention of all bodies and organizations to which the relevant acts of the Government were sent.

115. In order to represent the position of the Government in the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, the Government, from among persons with a degree in law, appoints an authorized representative of the Government in the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, acting on behalf of the Government without a power of attorney. The authorized representative coordinates the activities of other representatives of the Government representing the interests of the Government in the said courts in accordance with these Regulations.

116. In accordance with the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”, representatives of the Government in the Constitutional Court of the Russian Federation may be the Chairman of the Government, the authorized representative of the Government in the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, as well as representatives in individual cases appointed by instructions The Prime Minister from among lawyers or persons with a degree in law.

117. Persons appointed as representatives of the Government in the Constitutional Court of the Russian Federation in individual cases, coordinate their position with the Prime Minister or, on his behalf, with the Deputy Prime Ministers (in accordance with the distribution of duties).

Representatives of the Government in the Constitutional Court of the Russian Federation coordinate their actions with the authorized representative of the President of the Russian Federation in the Constitutional Court of the Russian Federation, and representatives in individual cases – with the authorized representative of the Government in the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation.

118. In the event that claims or other claims against the Government are brought before a court of general jurisdiction and an arbitration court (except for the Supreme Court of the Russian Federation), the interests of the Government are represented in court without additional instructions by federal ministries, other federal executive bodies, which are managed by the President of the Russian Federation. Federation or the Government, on the basis of documents sent to them by the Government Office and received by the Government, as well as employees of the Government Office by proxy.

In the event that claims or other claims are brought against the Government Staff in a court of general jurisdiction or in an arbitration court, the interests of the Government Staff in court (except for the Supreme Court of the Russian Federation) are represented by employees of the Government Staff.

119. In the event that the Government applies to the court to resolve a dispute that has arisen, by order of the Government or by order of the Prime Minister or Deputy Prime Minister, the relevant federal executive bodies or the authorized representative of the Government in the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation (depending on the nature of the claims) are instructed represent the interests of the Government in court.

120. The plenipotentiary representative of the Government and the heads of the federal executive bodies specified in clauses 118 and 119 of these Regulations shall act as representatives of the Government in the relevant court and have the right to perform all procedural actions on behalf of the Government, including the right to sign a statement of claim and response to a statement of claim an application, applications for securing a claim, for a full or partial waiver of claims and recognition of a claim, a change in the grounds or subject matter of a claim, the conclusion of a settlement agreement based on factual circumstances, as well as the right to sign an application for review of judicial acts due to newly discovered circumstances, appealing a judicial act , receiving the awarded funds and other property.

The heads of the federal executive bodies referred to in paragraphs 118 and 119 of these Regulations may appoint, in accordance with the legislation of the Russian Federation, representatives of the Government in court from among the persons who are on the staff of these and subordinate bodies (the central office, territorial and other bodies), or involve lawyers.

The powers of these persons are determined in a power of attorney signed by the head of the relevant federal executive body.

121. Representation of the interests of the Government in the Supreme Court of the Russian Federation is carried out by the plenipotentiary representative of the Government in the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation or representatives in individual cases, determined by the order of the Prime Minister or Deputy Prime Minister. Representatives of the Government on individual cases coordinate their position with the Chairman of the Government or, on his behalf, with one of his deputies. Representatives of the Government in individual cases coordinate their activities with the authorized representative of the Government in the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation.

122. Federal ministers, heads of other federal executive bodies, whose activities are managed by the President of the Russian Federation or the Government, represent the Government in court without a power of attorney. The powers of another representative of the Government in court, acting on their behalf, must be indicated in a power of attorney signed by the head of the relevant federal executive body and drawn up in accordance with the legislation of the Russian Federation.

Order No. 40 of the Ministry of Industry and Energy of the Russian Federation dated July 13, 2004 approved the Regulations on the procedure for representing the interests of the Ministry of Industry and Energy of the Russian Federation and the Government of the Russian Federation in courts

123. The federal executive body that has appointed a representative of the Government in court is obliged to report to the Government on the results of the consideration of the case in court within the time limits established by the procedural legislation of the Russian Federation for appealing court decisions.

If the court satisfies the claims brought against the Government (except for claims or other claims related to the debt obligations of the Russian Federation), the relevant federal executive body in accordance with the established procedure immediately reports on the decision taken, makes proposals to appeal the court decision, and upon entry of the court decision in force – on measures to implement it.

124. Reports on the results of consideration by the courts of claims or other claims brought against the Government related to the debt obligations of the Russian Federation are submitted to the Government no later than January and July in all cases considered during the reporting six months, unless circumstances arise during the trial that cannot tolerate delay.

124.1. Federal executive authorities in the event of receiving a demand (request) from the Constitutional Court of the Russian Federation, a judge of the Constitutional Court of the Russian Federation in connection with their consideration of cases, as well as an appeal (summons, letters) from the Supreme Court of the Russian Federation, a judge of the Supreme Court of the Russian Federation in connection with the consideration in cases to which the Government is a party, immediately notify the plenipotentiary representative of the Government in the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation of this and send him copies of the materials received.

The draft response of the federal executive body, prepared on the basis of the results of consideration of the requirement (request) of the Constitutional Court of the Russian Federation, the judge of the Constitutional Court of the Russian Federation, the appeal (summons, letters) of the Supreme Court of the Russian Federation, the judge of the Supreme Court of the Russian Federation, shall be sent to the authorized representative of the Government in the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation for consideration within 14 days from the date of their receipt by the federal executive body, but not later than 10 days before the expiration of the period allotted to the federal executive body for their execution.

The draft response of the federal executive body is considered by the authorized representative of the Government in the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation within 5 days from the date of its receipt, but no later than the deadline established by the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”, a demand (request) of the Constitutional Court of the Russian Federation, a judge of the Constitutional Court of the Russian Federation, by an appeal (summon, letter) of the Supreme Court of the Russian Federation, a judge of the Supreme Court of the Russian Federation.

If there are comments from the plenipotentiary representative of the Government in the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, the federal executive body finalizes the draft response and, after revision, sends it, respectively, to the Constitutional Court of the Russian Federation, to the judge of the Constitutional Court of the Russian Federation, to the Supreme Court of the Russian Federation, to the judge of the Supreme Court Russian Federation.

In case of disagreement of the federal executive body with the position of the plenipotentiary representative of the Government in the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, the issue is considered by the Deputy Head of the Government Staff, who organizes the drafting activities of the Government, with the participation of the head of the federal executive body or his deputy (at the direction of the head) and authorized representative.

If a unified position has not been developed, the decision on the draft response is made by the Deputy Prime Minister – Head of the Government Staff.

124.2. The Plenipotentiary Representative of the Government in the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, within 2 days after the official publication of the decision of the Constitutional Court of the Russian Federation, shall submit to the Deputy Prime Minister – Head of the Government Staff and Deputy Head of the Government Staff, who organizes the drafting activities of the Government, a certificate containing information on decision (details, circumstances of the case, the essence of the decision).


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