Federal Constitutional Law about the judicial system of the Russian Federation-1996

THE RUSSIAN FEDERATION

FEDERAL CONSTITUTIONAL LAW

About the judicial system of the Russian Federation

 

Adopted by the State Duma on October 23, 1996

Approved by the Federation Council on December 26, 1996

(As amended by federal constitutional lawsdated December 15, 2001 No. 5-FKZ ,dated 04.07.2003 No. 3-FKZ ,dated 04/05/2005 No. 3-FKZ ,dated 09.11.2009 No. 5-FKZ ,dated December 27, 2009 No. 9-FKZ ,dated 06.12.2011 No. 4-FKZ ,dated 06/08/2012 No. 1-FKZ ,dated December 25, 2012 No. 5-FKZ ,dated 03.02.2014 No. 1-FKZ ,dated 05.02.2014 No. 4-FKZ ,dated July 29, 2018 No. 1-FKZ ,dated October 30, 2018 No. 2-FKZ ,dated 08.12.2020 No. 7-FKZ ,dated 16.04.2022 No. 1-FKZ )

CHAPTER 1. GENERAL PROVISIONS

Article 1. Judicial power

1. Judicial power in the Russian Federation is exercised only by courts represented by judges and jurors and arbitrators involved in the administration of justice in accordance with the procedure established by law. No other bodies and persons have the right to assume the administration of justice. (As amended by the Federal Constitutional Law dated 03.02.2014 No. 1-FKZ )

2. The judiciary is independent and acts independently of the legislative and executive powers.

3. Judicial power is exercised through constitutional, civil, administrative and criminal proceedings.

Article 2. Legislation on the judicial system

The judicial system of the Russian Federation is established by the Constitution of the Russian Federation and this Federal Constitutional Law.

Article 3. Unity of the judiciary

The unity of the judicial system of the Russian Federation is ensured by:

establishment of the judicial system of the Russian Federation by the Constitution of the Russian Federation and this Federal Constitutional Law;

observance by all federal courts and justices of the peace of the rules of procedure established by federal laws;

application by all courts of the Constitution of the Russian Federation, federal constitutional laws, federal laws, generally recognized principles and norms of international law and international treaties of the Russian Federation, as well as constitutions (charters) and other laws of the constituent entities of the Russian Federation;

recognition of the mandatory execution throughout the territory of the Russian Federation of court decisions that have entered into force;

legislative consolidation of the unity of the status of judges;

financing of federal courts and justices of the peace from the federal budget.

Article 4. Courts in the Russian Federation

1. Justice in the Russian Federation is administered only by courts established in accordance with the Constitution of the Russian Federation and this Federal Constitutional Law. The creation of emergency courts and courts not provided for by this Federal Constitutional Law is not allowed.

2. The Russian Federation has federal courts, constitutional (charter) courts and justices of the peace of the constituent entities of the Russian Federation, which constitute the judicial system of the Russian Federation.

3. Federal courts include:

Constitutional Court of the Russian Federation;

Supreme Court of the Russian Federation;

courts of cassation of general jurisdiction, courts of appeal of general jurisdiction, supreme courts of the republics, regional and regional courts, courts of federal cities, courts of the autonomous region and autonomous districts, district courts, military and specialized courts that make up the system of federal courts of general jurisdiction; (As amended by the Federal Constitutional Lawdated July 29, 2018 No. 1-FKZ )

arbitration courts of districts, arbitration courts of appeal, arbitration courts of constituent entities of the Russian Federation and specialized arbitration courts that make up the system of federal arbitration courts.

(Part as amended by the Federal Constitutional Lawdated 05.02.2014 No. 4-FKZ )

4. The courts of the constituent entities of the Russian Federation include: constitutional (charter) courts of the constituent entities of the Russian Federation, justices of the peace who are judges of general jurisdiction of the constituent entities of the Russian Federation.

Article 5. Independence of Courts and Independence of Judges

1. The courts exercise judicial power independently, regardless of anyone else’s will, subject only to the Constitution of the Russian Federation and the law.

2. Judges, jurors and arbitrators involved in the administration of justice are independent and subject only to the Constitution of the Russian Federation and the law. Guarantees of their independence are established by the Constitution of the Russian Federation and federal law. (As amended by the Federal Constitutional Lawdated 03.02.2014 No. 1-FKZ )

3. The court, having established, when considering a case, that an act of a state or other body, as well as an official, is inconsistent with the Constitution of the Russian Federation, federal constitutional law, federal law, generally recognized principles and norms of international law, an international treaty of the Russian Federation, the constitution (charter) of a constituent entity of the Russian Federation, the law of the subject of the Russian Federation, makes a decision in accordance with the legal provisions that have the greatest legal force.

4. Laws and other normative legal acts that abolish or diminish the independence of courts and the independence of judges cannot be issued in the Russian Federation.

5. Persons guilty of exerting unlawful influence on judges, jurors and arbitrators participating in the administration of justice, as well as of other interference in the activities of the court, shall be held liable under federal law. The appropriation of the power of the court is punishable in accordance with the criminal law. (As amended by the Federal Constitutional Lawdated 03.02.2014 No. 1-FKZ )

Article 6

1. Decrees of federal courts, justices of the peace and courts of the constituent entities of the Russian Federation that have entered into force, as well as their legal orders, demands, instructions, calls and other appeals, are binding on all state authorities, local governments, public associations, officials without exception. persons, other individuals and legal entities and are subject to strict execution throughout the territory of the Russian Federation.

2. Failure to comply with a court order, as well as any other manifestation of disrespect for the court, entails liability under federal law.

3. Obligation on the territory of the Russian Federation of decisions of courts of foreign states, international courts and arbitrations is determined by international treaties of the Russian Federation.

Article 7. Equality of all before the law and court

1. Everyone is equal before the law and the court.

2. Courts do not give preference to any bodies, persons participating in the process of the parties on the grounds of their state, social, gender, racial, national, linguistic or political affiliation or depending on their origin, property and official status, place of residence, place birth, attitude to religion, beliefs, membership in public associations, as well as on other grounds not provided for by federal law.

Article 8. Participation of citizens in the administration of justice

1. Citizens of the Russian Federation have the right to participate in the administration of justice in the manner prescribed by federal law.

2. The participation of jurors and arbitrators in the administration of justice is a civic duty. (As amended by the Federal Constitutional Lawdated 03.02.2014 No. 1-FKZ )

3. Requirements for citizens participating in the administration of justice are established by federal law.

4. For the time of participation in the administration of justice, jurors and arbitrators are paid remuneration from the federal budget. (As amended by the Federal Constitutional Lawdated 03.02.2014 No. 1-FKZ )

Article 9. Publicity in the activities of the courts

The trial of cases in all courts is open. Hearing a case in a closed session is allowed in cases stipulated by federal law.

Article 10. Language of legal proceedings and office work in courts

1. Legal proceedings and office work in the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, courts of cassation of general jurisdiction, courts of appeal of general jurisdiction, arbitration courts, military courts are conducted in Russian – the state language of the Russian Federation. Judicial proceedings and record keeping in other federal courts of general jurisdiction may also be conducted in the state language of the republic in whose territory the court is located. (As amended by federal constitutional lawsdated 05.02.2014 No. 4-FKZ ;dated July 29, 2018 No. 1-FKZ )

2. Judicial proceedings and office work with justices of the peace and in other courts of the constituent entities of the Russian Federation are conducted in Russian or in the state language of the republic on whose territory the court is located.

3. Persons participating in the case, who do not speak the language of the court proceedings, shall be provided with the right to speak and give explanations in their native language or in any freely chosen language of communication, as well as to use the services of an interpreter.

CHAPTER 2. BASIS OF THE STATUS OF JUDGES IN THE RUSSIAN FEDERATION

Article 11 Judges

1. Judges are persons who, in accordance with the Constitution of the Russian Federation and this Federal Constitutional Law, have the authority to administer justice and perform their duties on a professional basis.

2. A retired judge who has at least ten years of experience as a judge is considered an honorary judge. He may be involved in the administration of justice as a judge in accordance with the procedure established by federal law.

3. Judges are provided at the expense of the state with material and social support corresponding to their high status. The monthly monetary remuneration and quarterly monetary incentives of a judge cannot be reduced during the entire period of his tenure. (As amended by the Federal Constitutional Lawdated December 25, 2012 No. 5-FKZ )

Article 12. Unity of status of judges

All judges in the Russian Federation have the same status and differ only in their powers and competence. The peculiarities of the legal status of individual categories of judges are determined by federal laws, and in the cases provided for by them, also by the laws of the constituent entities of the Russian Federation.

Article 13. Procedure for empowering judges

1. The procedure for empowering the Chairman of the Constitutional Court of the Russian Federation, his deputy, other judges of the Constitutional Court of the Russian Federation is established by the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”.

1 1 . The procedure for empowering the Chairman of the Supreme Court of the Russian Federation, his deputies, other judges of the Supreme Court of the Russian Federation is established by the federal constitutional law on the Supreme Court of the Russian Federation and the federal law on the status of judges. (Partintroduced – Federal constitutional lawdated October 30, 2018 No. 2-FKZ )

2. The procedure for empowering chairmen, deputy chairmen, other judges of general jurisdiction courts of cassation, general jurisdiction courts of appeal, supreme courts of republics, territorial, regional courts, courts of cities of federal significance, courts of an autonomous region and autonomous districts, district courts, military and specialized courts , arbitration courts of districts, arbitration courts of appeal, arbitration courts of constituent entities of the Russian Federation and specialized arbitration courts are established by the relevant federal constitutional law and the federal law on the status of judges. (As amended by the Federal Constitutional Lawdated October 30, 2018 No. 2-FKZ )

3. The chairmen and deputy chairmen of the courts referred to in the second part of this article shall be appointed for a term of 6 years. The same person may be appointed to the position of chairman (deputy chairman) of the same court more than once, but not more than two times in a row, unless otherwise provided by the relevant federal constitutional law. (As amended by the Federal Constitutional Lawdated 08.06.2012 No. 1-FKZ )

4. The procedure for empowering justices of the peace, as well as chairmen, deputy chairmen, and other judges of constitutional (charter) courts of constituent entities of the Russian Federation, shall be established by federal laws and laws of constituent entities of the Russian Federation.

5. The selection of candidates for the positions of judges is carried out on a competitive basis.

(Article as amended by the Federal Constitutional Lawdated December 15, 2001 No. 5-FKZ )

Article 14

The powers of judges of federal courts are not limited to a certain period, unless otherwise established by the Constitution of the Russian Federation, federal constitutional law and the federal law on the status of judges adopted in accordance with them. The age limit for serving as a judge of a federal court is 70 years, unless otherwise established by the relevant federal constitutional law. (As amended by federal constitutional lawsdated December 15, 2001 No. 5-FKZ ;dated 04/05/2005 No. 3-FKZ ;dated 08.06.2012 No. 1-FKZ )

Article 15. Irremovability of a judge

1. The referee is irremovable. He cannot be appointed (elected) to another position or to another court without his consent.

2. The powers of a judge shall be terminated or suspended by the decision of the relevant qualification board of judges, except for the cases of termination of the powers of a judge due to the expiration of their term or the achievement of the maximum age for holding office as a judge, as well as the cases specified in part 3 of this article. The decision of the relevant qualification board of judges on the early termination of the powers of judges for committing disciplinary offenses may be appealed to the Supreme Court of the Russian Federation. (As amended by the Federal Constitutional Lawdated 08.12.2020 No. 7-FKZ )

3. Powers of 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 Chairman of the Supreme Court of the Russian Federation and judges of the Supreme Court of the Russian Federation, chairmen, deputy chairmen and judges of general cassation courts jurisdiction, courts of appeal of general jurisdiction, a military cassation court, a military appeals court, arbitration courts of districts, arbitration courts of appeal, intellectual property rights courts may be terminated by the Federation Council of the Federal Assembly of the Russian Federation on the proposal of the President of the Russian Federation if they commit an act that discredits honor and dignity of a judge, as well as in other cases,testifying to the impossibility of the judge to exercise his powers, including:

non-compliance with restrictions, prohibitions and requirements established by the Federal Law of December 25, 2008 No. 273-FZ “On Combating Corruption”;

termination of citizenship of the Russian Federation, acquisition of citizenship (nationality) of a foreign state or obtaining a residence permit or other document confirming the right of permanent residence of a citizen of the Russian Federation in the territory of a foreign state;

violation by a judge, his spouse and minor children of the prohibition to open and have accounts (deposits), keep cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments;

engaging in activities incompatible with the position of a judge;

in other cases provided for by other federal constitutional laws.

(Part introduced – Federal Constitutional Lawdated 08.12.2020 No. 7-FKZ )

4. The procedure for submitting to the Federation Council of the Federal Assembly of the Russian Federation the proposal of the President of the Russian Federation on the termination of the powers of the categories of judges specified in Part 3 of this Article is determined by the President of the Russian Federation. The presentation of the President of the Russian Federation is considered by the Federation Council of the Federal Assembly of the Russian Federation within fourteen days from the date of receipt of such a presentation. (Part introduced – Federal Constitutional Lawdated 08.12.2020 No. 7-FKZ )

Article 16. Immunity of a judge

The judge is inviolable. Guarantees of immunity of judges are established by federal law.

CHAPTER 3. COURTS

Article 17. Procedure for the creation and abolition of courts

1. The Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, established in accordance with the Constitution of the Russian Federation, may be abolished only by amending the Constitution of the Russian Federation. Other federal courts are created and abolished only by federal law. (As amended by the Federal Constitutional Lawdated 05.02.2014 No. 4-FKZ )

2. The positions of justices of the peace and constitutional (charter) courts of the constituent entities of the Russian Federation are created and abolished by the laws of the constituent entities of the Russian Federation.

3. No court may be abolished if the issues of administration of justice referred to its jurisdiction were not simultaneously transferred to the jurisdiction of another court.

Article 18. Constitutional Court of the Russian Federation

1. The Constitutional Court of the Russian Federation is the highest judicial body of constitutional control in the Russian Federation, exercising judicial power through constitutional proceedings. (As amended by the Federal Constitutional Lawdated 08.12.2020 No. 7-FKZ )

2. The powers, procedure for the formation and operation of the Constitutional Court of the Russian Federation are established by the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”. (As amended by the Federal Constitutional Lawdated 08.12.2020 No. 7-FKZ )

3. The procedure and specifics for terminating the powers of 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 are established by the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”. (Part introduced – Federal Constitutional Lawdated 08.12.2020 No. 7-FKZ )

Article 19. The Supreme Court of the Russian Federation

1. The Supreme Court of the Russian Federation is the highest judicial body for civil cases, cases of resolving economic disputes, criminal, administrative and other cases, jurisdictional courts formed in accordance with this Federal Constitutional Law.

2. The Supreme Court of the Russian Federation, in the procedural forms provided for by federal law, exercises judicial supervision over the activities of the courts formed in accordance with this Federal Constitutional Law, considering civil cases, cases on the resolution of economic disputes, criminal, administrative and other cases within the jurisdiction of the said courts, in as a court of supervisory instance, as well as within its competence as a court of appeal and cassation.

3. The Supreme Court of the Russian Federation considers cases falling within its jurisdiction as a court of first instance and on the basis of new or newly discovered circumstances.

4. The Supreme Court of the Russian Federation, in order to ensure the uniform application of the legislation of the Russian Federation, gives explanations to the courts on issues of judicial practice.

5. The powers, procedure for the formation and operation of the Supreme Court of the Russian Federation are established by the federal constitutional law on the Supreme Court of the Russian Federation.

(Article as amended by the Federal Constitutional Lawdated 05.02.2014 No. 4-FKZ )

Article 19 1 . Court of Cassation of General Jurisdiction

1. The court of cassation of general jurisdiction, within its competence, considers cases as a court of cassation and on new or newly discovered circumstances.

2. The court of cassation of general jurisdiction is a higher court in relation to the federal courts of general jurisdiction and justices of the peace operating in the territory of the corresponding judicial cassation district, unless otherwise established by federal constitutional law.

3. The powers, procedure for the formation and operation of cassation courts of general jurisdiction are established by federal constitutional law.

(Articleintroduced – Federal constitutional lawdated July 29, 2018 No. 1-FKZ )

Article 19 2 . Court of Appeal of General Jurisdiction

1. The Court of Appeal of General Jurisdiction, within its competence, considers cases as a court of appeal and on new or newly discovered circumstances.

2. The Court of Appeal of General Jurisdiction is a directly superior court in relation to the supreme courts of the republics, territorial (regional) courts, courts of federal cities, the court of an autonomous region, the courts of autonomous districts, operating in the territory of the corresponding judicial appellate district, unless otherwise established by the federal constitutional by law.

3. The powers, the procedure for the formation and activities of courts of appeal of general jurisdiction are established by federal constitutional law.

(Articleintroduced – Federal constitutional lawdated July 29, 2018 No. 1-FKZ )

Article 20

1. The Supreme Court of the Republic, the regional (regional) court, the court of the city of federal significance, the court of the autonomous region, the court of the autonomous district, within their competence, consider cases as a court of first and appellate instances, on new or newly discovered circumstances and exercise other powers provided for federal constitutional law. (As amended by the Federal Constitutional Lawdated July 29, 2018 No. 1-FKZ )

2. The courts listed in part 1 of this article are directly higher judicial instances in relation to the district courts operating in the territory of the corresponding subject of the Russian Federation.

3. The powers, procedure for the formation and operation of the courts listed in part 1 of this article are established by federal constitutional law.

Article 21

1. The district court, within its competence, considers cases as a court of first and second instance and exercises other powers provided for by the federal constitutional law.

2. A district court is a directly superior court in relation to justices of the peace acting in the territory of the respective judicial district.

3. The powers, procedure for the formation and activities of a district court are established by federal constitutional law.

Article 22 Military courts

1. Military courts exercise judicial power in the Armed Forces of the Russian Federation, other troops, military formations and bodies where military service is provided for by federal law. (As amended by the Federal Constitutional Lawdated July 29, 2018 No. 1-FKZ )

2. Military courts, within their competence, consider cases as a court of first and second instance, based on new or newly discovered circumstances. (As amended by federal constitutional lawsdated 05.02.2014 No. 4-FKZ ,dated July 29, 2018 No. 1-FKZ )

3. The powers, procedure for the formation and operation of military courts are established by federal constitutional law.

Article 23

(Repealed – Federal Constitutional Lawdated 05.02.2014 No. 4-FKZ )

Section 24. Circuit Court of Arbitration

(Name as amended by the Federal Constitutional Lawdated 05.02.2014 No. 4-FKZ )

1. The arbitration court of the district (arbitration court of cassation) considers cases in accordance with federal law as a court of first instance, as a court of cassation and on new or newly discovered circumstances. (As amended by federal constitutional lawsdated 06.12.2011 No. 4-FKZ ;dated 05.02.2014 No. 4-FKZ )

2. The arbitration court of a circuit is a higher court in relation to the arbitration courts of appeal and arbitration courts of the constituent entities of the Russian Federation operating in the territory of the corresponding judicial circuit, unless otherwise established by federal constitutional law. (As amended by federal constitutional lawsdated 04.07.2003 No. 3-FKZ ;dated 06.12.2011 No. 4-FKZ ;dated 05.02.2014 No. 4-FKZ )

3. The powers, procedure for the formation and operation of an arbitration court of a circuit are established by a federal constitutional law. (As amended by the Federal Constitutional Lawdated 05.02.2014 No. 4-FKZ )

Article 24 1 . Arbitration Court of Appeal

1. The arbitration court of appeal, within its competence, considers cases as a court of appeal and on new or newly discovered circumstances. (As amended by the Federal Constitutional Lawdated 05.02.2014 No. 4-FKZ )

2. The powers, procedure for the formation and operation of an appellate arbitration court shall be established by a federal constitutional law.

(Articleintroduced – Federal constitutional lawdated 04.07.2003 No. 3-FKZ )

Article 25

1. The arbitration court of a constituent entity of the Russian Federation, within the limits of its competence, considers cases as a court of first instance and on new or newly discovered circumstances. (As amended by federal constitutional lawsdated 04.07.2003 No. 3-FKZ ;dated 05.02.2014 No. 4-FKZ )

2. The powers, procedure for the formation and operation of an arbitration court of a constituent entity of the Russian Federation shall be established by a federal constitutional law.

Section 26 Specialized Federal Courts

1. Specialized federal courts for the consideration of civil and administrative cases within the jurisdiction of courts of general jurisdiction, as well as economic disputes and other cases considered by arbitration courts, are established by amending and supplementing this Federal Constitutional Law. (As amended by the Federal Constitutional Lawdated 06.12.2011 No. 4-FKZ )

2. The powers, procedure for the formation and operation of specialized federal courts are established by a federal constitutional law.

Article 26 1 . Intellectual Property Court

The Court for Intellectual Property Rights is a specialized arbitration court that, within its competence, considers cases on disputes related to the protection of intellectual property rights as a court of first instance and cassation.

(Articleintroduced – Federal constitutional lawdated 06.12.2011 No. 4-FKZ )

Article 27

1. A constitutional (charter) court of a constituent entity of the Russian Federation may be created by a constituent entity of the Russian Federation to consider the issues of compliance of laws of a constituent entity of the Russian Federation, regulatory legal acts of state authorities of a constituent entity of the Russian Federation, local self-government bodies of a constituent entity of the Russian Federation with the constitution (charter) of a constituent entity of the Russian Federation, as well as for the interpretation of the constitution (charter) of the subject of the Russian Federation.

2. Financing of the constitutional (charter) court of a constituent entity of the Russian Federation is carried out at the expense of the budget of the corresponding constituent entity of the Russian Federation.

3. The constitutional (charter) court of a constituent entity of the Russian Federation considers the issues within its competence in the manner prescribed by the law of the constituent entity of the Russian Federation.

4. A decision of a constitutional (charter) court of a constituent entity of the Russian Federation, adopted within its powers, cannot be reviewed by another court.

(The article will become invalid from January 1, 2023 – Federal Constitutional Lawdated 08.12.2020 No. 7-FKZ )

Article 28

1. A justice of the peace, within its competence, considers civil, administrative and criminal cases as a court of first instance.

2. The powers and procedure for the activity of a justice of the peace are established by federal law and the law of a constituent entity of the Russian Federation.

CHAPTER 4. FINAL PROVISIONS

Article 29. Bodies of the judiciary

1. In order to express the interests of judges as holders of judicial power, bodies of the judiciary are formed in accordance with the procedure established by federal law.

2. The supreme body of the judiciary is the All-Russian Congress of Judges, which forms the Council of Judges of the Russian Federation and the High Qualification Board of Judges of the Russian Federation.

3. The competence and procedure for the formation of bodies of the judiciary are established by federal law.

Article 30. Ensuring the activities of courts

1. Ensuring the activities of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation is carried out by the apparatus of these courts. (As amended by the Federal Constitutional Lawdated 05.02.2014 No. 4-FKZ )

2. Ensuring the activities of other courts formed in accordance with this Federal Constitutional Law is carried out by the Judicial Department under the Supreme Court of the Russian Federation. (As amended by the Federal Constitutional Lawdated 05.02.2014 No. 4-FKZ )

3. (Part no longer valid – Federal Constitutional Lawdated 05.02.2014 No. 4-FKZ )

Article 31

1. The Judicial Department under the Supreme Court of the Russian Federation and the bodies included in its system organizationally ensure the activities of the courts formed in accordance with this Federal Constitutional Law and the bodies of the judiciary, provide them with the necessary resources. (As amended by the Federal Constitutional Lawdated 05.02.2014 No. 4-FKZ )

2. The head of the Judicial Department at the Supreme Court of the Russian Federation is appointed and dismissed by the Chairman of the Supreme Court of the Russian Federation with the consent of the Council of Judges of the Russian Federation.

3. Employees of the Judicial Department at the Supreme Court of the Russian Federation are civil servants. They are assigned class ranks and other special titles.

4. The Judicial Department under the Supreme Court of the Russian Federation is a legal entity.

5. The structure, powers and procedure for the activities of the Judicial Department under the Supreme Court of the Russian Federation and the bodies included in its system are established by federal law.

Article 32. Court apparatus

1. The staff of the court ensures the work of the court and is subordinate to the chairman of the relevant court.

2. Employees of the court apparatus are civil servants, they are assigned class ranks and other special ranks. (As amended by the Federal Constitutional Lawdated December 27, 2009 No. 9-FKZ )

3. Employees of the court apparatus having class ranks are provided with service uniforms. (Part introduced – Federal Constitutional Lawdated 16.04.2022 No. 1-FKZ )

4. The procedure and norms for providing service uniforms to employees of federal courts with class ranks and the procedure for wearing them are approved by the Supreme Court of the Russian Federation and the Judicial Department under the Supreme Court of the Russian Federation within their powers in agreement with the Council of Judges of the Russian Federation. (Part introduced – Federal Constitutional Lawdated 16.04.2022 No. 1-FKZ )

5. The technical description of samples of items of service uniforms with class ranks of employees of court apparatus is approved by the Supreme Court of the Russian Federation within its powers in agreement with the Heraldic Council under the President of the Russian Federation, as well as the Judicial Department under the Supreme Court of the Russian Federation within its powers in agreement with the Council judges of the Russian Federation and the Heraldic Council under the President of the Russian Federation. (Part introduced – Federal Constitutional Lawdated 16.04.2022 No. 1-FKZ )

Article 33. Financing of courts

1. Financing of the courts must ensure the possibility of full and independent administration of justice in accordance with federal law.

2. Financing of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, courts of general jurisdiction, arbitration courts and justices of the peace is carried out on the basis of standards approved by federal law and is indicated in separate lines in the federal budget. (As amended by the Federal Constitutional Lawdated 05.02.2014 No. 4-FKZ )

3. The Government of the Russian Federation develops a draft federal budget in terms of financing courts in cooperation with the Chairmen of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the head of the Judicial Department at the Supreme Court of the Russian Federation and with the Council of Judges of the Russian Federation. If there are disagreements, the Government of the Russian Federation shall attach to the draft 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, together with its opinion. (As amended by the Federal Constitutional Lawdated 05.02.2014 No. 4-FKZ )

4. Representatives of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Council of Judges of the Russian Federation, the head of the Judicial Department at the Supreme Court of the Russian Federation have the right to participate in the discussion of the federal budget in the Federal Assembly of the Russian Federation. (As amended by the Federal Constitutional Lawdated 05.02.2014 No. 4-FKZ )

5. The amount of budget funds allocated to finance the courts in the current financial year or to be allocated for the next financial year may be reduced only with the consent of the All-Russian Congress of Judges or the Council of Judges of the Russian Federation.

Article 34. Symbols of state power in courts

1. The State Flag of the Russian Federation is installed on the court buildings, and the State Flag of the Russian Federation and the image of the State Emblem of the Russian Federation are placed in the courtroom. The flag of the constituent entity of the Russian Federation may also be installed on court buildings, and the flag and the image of the coat of arms of the constituent entity of the Russian Federation may be placed in courtrooms.

2. When administering justice, judges sit in robes or have another distinctive sign of their position.

CHAPTER 5. PROCEDURE FOR THE PRESENT FEDERAL CONSTITUTIONAL LAW

Article 35

1. Enter this Federal Constitutional Law into force on January 1, 1997.

2. Law of the RSFSR of July 8, 1981 “On the Judiciary of the RSFSR” with subsequent amendments and additions (Bulletin of the Supreme Council of the RSFSR, 1981, No. 28, item 976; Bulletin of the Congress of People’s Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, No. 27 1560; No. 30, item 1794; 1993, No. 33, item 1313; Collection of Legislation of the Russian Federation, 1994, No. 32, item 3300) is applied in the part that does not contradict this Federal Constitutional Law.

3. The regulation on military tribunals as amended by the Law of the USSR of June 25, 1980 (Vedomosti of the Supreme Soviet of the USSR, 1980, No. 27, Article 546) is applied to the extent that it does not contradict this Federal Constitutional Law.

4. Part 2 of Article 33 of this Federal Constitutional Law regarding the financing of courts on the basis of standards shall enter into force from the date of entry into force of the relevant federal law.

5. Until the entry into force of the federal constitutional law on military courts, financing and material and technical support of military courts shall be carried out in accordance with the procedure established by the Federal Law “On Certain Issues of the Organization and Activities of Military Courts and Military Justice Bodies”.

Article 36

1. District (city) courts formed prior to the entry into force of this Federal Constitutional Law shall be considered district courts.

2. The courts considering cases in the appellate or cassation procedure are considered superior to the courts of first instance. The courts considering cases by way of supervision are considered higher in relation to the courts that made earlier decisions on the case.

3. The entry into force of this Federal Constitutional Law does not entail a change in the composition of the court in cases previously initiated by consideration.

Article 37. Terms of office of judges and arbitration assessors

(Name as amended by the Federal Constitutional Lawdated 03.02.2014 No. 1-FKZ )

With the entry into force of this Federal Constitutional Law, judges of all courts of the Russian Federation, as well as arbitration assessors, retain their powers until the expiration of the term for which they were elected (appointed). (As amended by the Federal Constitutional Lawdated 03.02.2014 No. 1-FKZ )

Article 38. Procedure for financing measures to reform the judicial system

1. Expenses for financing measures related to the reform of the judiciary are provided for in a separate line in the federal budget.

2. From January 1, 1997, the staffs of subdivisions of the Ministry of Justice of the Russian Federation, in proportion to that part of the volume of their work that is related to the financing and provision of the activities of courts, with the exception of military courts, are transferred to the Judicial Department at the Supreme Court of the Russian Federation with the opening of the financing of the Judicial department under the Supreme Court of the Russian Federation directly from the federal budget in the amount of funds released as a result of the reduction in the number of relevant units of the Ministry of Justice of the Russian Federation.

President of the Russian Federation B. Yeltsin

Moscow Kremlin

December 31, 1996

No. 1-FKZ


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