FEDERAL LAW “On Bodies of the Judicial Community in the Russian Federation”
March 14, 2020 No. 30-FZ
THE RUSSIAN FEDERATION
THE FEDERAL LAW
ABOUT THE BODIES OF THE JUDICIAL COMMUNITY
IN RUSSIAN FEDERATION
Accepted atย State Duma onย February 15, 2002
Approved byย Federation Council onย February 27, 2002
List of changing documents
(as amended by Federal Laws of 04.07.2003 N 96-FZ ,
dated 08/14/2004 N 100-FZ , dated 04/05/2005 N 33-FZ , dated 12/25/2008 N 274-FZ ,
dated 17.07.2009 N 157-FZ , dated 24.07.2009 N 210-FZ , dated 09.11.2009 N 246-FZ ,
dated November 28 , 2009 N 296-FZ , dated December 08, 2010 N 346-FZ , dated December 03, 2011 N 388-FZ ,
dated 02.10.2012 N 165-FZ , dated 04.03.2013 N 20-FZ , dated 02.07.2013 N 185-FZ ,
dated 03/12/2014 N 29-FZ , dated 04/06/2015 N 69-FZ , dated 06/08/2015 N 144-FZ ,
dated 05.10.2015 N 284-FZ , dated 02.06.2016 N 168-FZ , dated 18.04.2018 N 76-FZ ,
dated 07/29/2018 N 243-FZ , dated 07/29/2018 N 266-FZ , dated 07/03/2019 N 163-FZ ,
dated July 26 , 2019 N 197-FZ , dated July 20, 2020 N 231-FZ ,
as amended by the Ruling of the Constitutional Court of the Russian Federation
dated 02.02.2006 N 45-O)
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Chapter I. JUDICIAL COMMUNITY IN THE RUSSIAN FEDERATIONย AND BODIES OF JUDGING COMMUNITY
Article 1. Judicial community in the Russian Federation
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.
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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 comes into force, except in the case of termination of powers in connection with an honorable resignation or 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.
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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 the constituent entities of the Russian Federation;
Higher Examination Commission for the Admission of the Qualification Examination for the Position of a Judge;
(paragraph introduced by Federal Law No. 388-FZ of December 3, 2011)
examination commissions of the constituent entities of the Russian Federation for taking the qualification exam for the position of a judge.
(paragraph introduced by Federal Law No. 388-FZ of December 3, 2011)
3. The activities of the bodies of the judiciary are regulated by acts (regulations, regulations) adopted by these bodies.
4. A general meeting of judges of the Supreme Court of the Russian Federation and a Council of judges of the Supreme Court of the Russian Federation are formed in the Supreme Court of the Russian Federation, whose powers, formation and activities are regulated by a regulation adopted by the general meeting of judges of the Supreme Court of the Russian Federation.
(Clause 4 was introduced by Federal Law No. 346-FZ of 08.12.2010)
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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 the rights and legitimate interests of judges;
3) participation in the organizational, personnel and resource support of judicial activities;
4) approval of the authority of the judiciary, ensuring that judges comply with the requirements of the Code of Judicial Ethics.
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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, 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 commissions are not accountable to the bodies that elected them for their decisions.
(Clause 2 as amended by Federal Law No. 388-FZ of 03.12.2011)
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Article 6. All-Russian Congress of Judges
1. The All-Russian Congress of Judges (hereinafter also referred to as the Congress) is the supreme body of the judiciary.
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.
(as amended by Federal Law No. 388-FZ of December 3, 2011)
2. Delegates to the congress are elected according to the following norms of representation:
from judges of the Constitutional Court of the Russian Federation – ten judges;
from judges of the Supreme Court of the Russian Federation – twenty judges;
from judges of each cassation court of general jurisdiction, cassation military court – two judges;
(the paragraph was introduced by Federal Law No. 266-FZ of July 29, 2018)
from the judges of each court of appeal of general jurisdiction, the military court of appeal – two judges;
(the paragraph was introduced by Federal Law No. 266-FZ of July 29, 2018)
from the judges of each arbitration court of the district, the Court for Intellectual Property Rights – two judges;
(as amended by Federal Law No. 231-FZ of July 20, 2020)
from the judges of each arbitration court of appeal – two judges;
from judges of each supreme court of the 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 – one judge, as well as an additional one judge from every fifty judges of each supreme court of the republic, a regional court, a 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;
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 judges of district courts – one judge from each constituent entity of the Russian Federation, as well as an additional one judge from every hundred judges of district courts operating on the territory of a 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.
(Clause 2 as amended by Federal Law No. 29-FZ of March 12, 2014)
3. Delegates to the congress from judges of 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, court of cassation, military court of appeal, arbitration courts of districts, Court for intellectual property rights, arbitration courts of appeal, 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 constituent entities of the Russian Federation.
(as amended by Federal Laws of 14.08.2004 N 100-FZ , of 12.03.2014 N 29-FZ , of 29.07.2018 N 266-FZ , of 20.07.2020 N 231-FZ )
The Congress is convened once every four years by the Council of Judges of the Russian Federation. In the event of a threat of occurrence and (or) the occurrence of individual emergencies, the introduction of a high-alert regime or an emergency situation throughout the territory of the Russian Federation or in its part, the occurrence of other situations that exclude the possibility of holding the next congress, the convocation of the congress may be postponed by decision of the Council of Judges of the Russian Federation at a later date. 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.
(as amended by Federal Law No. 231-FZ of July 20, 2020)
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.
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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 examination commissions, 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.
(as amended by Federal Law No. 388-FZ of December 3, 2011)
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.
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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 judges of federal courts, as well as judges of courts of the constituent entities 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 – two judges;
from judges of the Supreme Court of the Russian Federation – four judges;
from judges of cassation courts of general jurisdiction – seven judges;
from the judges of the military court of cassation – one judge;
from judges of courts of appeal of general jurisdiction – two judges;
from the judges of the military court of appeal – one judge;
from judges of arbitration courts of districts – four judges;
from judges of the Intellectual Property Rights Court – one judge;
from judges of arbitration courts of appeal – six 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 – 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.
(Clause 1 as amended by Federal Law No. 231-FZ of July 20, 2020)
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 by delegates of the congress 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.
The paragraph is invalid. – Federal Law of 05.10.2015 N 284-FZ.
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 the Supreme Court of the Russian Federation, judges of courts of general jurisdiction, including military courts, judges of arbitration courts and judges of courts of subjects of the Russian 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.
(as amended by Federal Law No. 29-FZ of March 12, 2014)
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 case of committing a disciplinary offense by him. The decision on early termination of the powers of members of councils of judges is taken by the congress or conference of judges, respectively, and in the period between congresses (conferences) of judges – by the relevant council of judges.
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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.
3.1. Plenary sessions of the Council of Judges of the Russian Federation and meetings of the Presidium of the Council of Judges of the Russian Federation are held in the manner determined by the regulations of the Council of Judges of the Russian Federation.
(Clause 3.1 was introduced by Federal Law No. 231-FZ of July 20, 2020)
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 represents the Council of Judges of the Russian Federation in state and local government bodies, 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.
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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 the appointment and dismissal of the General Director of the Judicial Department at the Supreme Court of the Russian Federation and hears his 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;
3.1) elects members of the Higher Examination Commission for the Admission of the Qualification Examination for the Position of a Judge (hereinafter also referred to as the Higher Examination Commission) instead of those who left during the period between congresses;
(Clause 3.1 was introduced by Federal Law No. 388-FZ of December 3, 2011)
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 the 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.
3.1. The Council of Judges of the Russian Federation, the Presidium of the Council of Judges of the Russian Federation, the Council of Judges of a constituent entity of the Russian Federation, in case of revealing signs of a disciplinary offense committed by a judge, have the right to conduct an audit and send an appeal to the Qualification Board of Judges to impose a disciplinary sanction on the judge, including in the form of early termination of the powers of a judge .
An appeal to impose a disciplinary sanction on a judge for committing a disciplinary offense in the performance of official duties by a judge may be sent to the qualification board of judges by the Council of Judges of the Russian Federation, another body of the judiciary referred to in this paragraph, only if there is a private ruling issued by a higher court, or complaints or appeals of the participant (participants) of the process about the violation of his (their) rights by illegal actions of the judge committed during the consideration of the case.
The judge is informed about the ongoing inspection and has the right to participate in it, get acquainted with the materials of the inspection, present written explanations and objections, as well as evidence confirming his explanations. Refusal of the judge to participate in the test is not an obstacle to its conduct.
(Clause 3.1 was introduced by Federal Law No. 243-FZ of July 29, 2018)
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;
4) elect members of the examination commissions of the constituent entities of the Russian Federation for taking the qualification exam for the position of a judge (hereinafter also referred to as the examination commissions of the constituent entities of the Russian Federation) instead of those who left between the conferences of judges;
(Item 4 was introduced by Federal Law No. 388-FZ of December 3, 2011)
5) interact with the highest executive body of state power of the constituent entity of the Russian Federation in the development of the draft budget of the constituent entity of the Russian Federation in terms of the costs of material and technical support for the activities of justices of the peace and remuneration of employees of the apparatus of justices of the peace;
(Item 5 was introduced by Federal Law No. 76-FZ of April 18, 2018)
6) maintain lists of retired judges who have expressed a desire to act as mediators on a professional basis.
(Item 6 was introduced by Federal Law No. 197-FZ of July 26, 2019)
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.
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Article 11. Formation of qualification boards of judges
1. Qualifying 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 twenty-nine 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 – four judges;
from judges of cassation courts of general jurisdiction – two judges;
from judges of courts of appeal of general jurisdiction – two judges;
from judges of cassation, military courts of appeal – one judge;
from judges of arbitration courts of districts, the Court for Intellectual Property Rights – two judges;
(as amended by Federal Law No. 231-FZ of July 20, 2020)
from judges of arbitration courts of appeal – two 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 – two judges;
from judges of arbitration courts of constituent entities of the Russian Federation – two judges;
from judges of district (naval) military courts – one judge.
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.
(Clause 2 as amended by Federal Law No. 266-FZ of July 29, 2018)
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.
The 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 the judges of the supreme court of the republic, the court of the territory, the regional court, the court of the city of federal significance, the court of the autonomous region and the court of the autonomous district – two judges;
from judges of an arbitration court of a constituent entity of the Russian Federation – five judges;
from judges of garrison military courts – one judge;
from judges of district courts – three 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;
seven members of the public;
one representative of the President of the Russian Federation.
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 indicated 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 left in the period between conferences is carried out by the council of judges of the 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 may not be elected to the qualification boards of judges of constituent entities of the Russian Federation. The Chairman of the Supreme Court of the Russian Federation and his deputies cannot be elected to the High Qualification Board of Judges of the Russian Federation.
(as amended by Federal Law No. 29-FZ of March 12, 2014)
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 a qualification board of judges cannot be elected to the position of chairman or deputy chairman of a qualification board of judges more than twice in a row, with the exception of the High Qualification Board of Judges of the Russian Federation.
(as amended by Federal Law No. 284-FZ of 05.10.2015)
In the event of the termination of a judge’s powers on the grounds provided for by paragraph 1 of Article 14 of the Law of the Russian Federation of June 26, 1992 N 3132-1 “On the Status of Judges in the Russian Federation”, his powers as a member of the qualification board of judges shall be terminated. The powers of a member of the Qualification Board of Judges from among the judges may be prematurely terminated on his initiative, either in the event of a disciplinary offense committed by him, or in the event of his absence from the 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.
(as amended by Federal Law No. 144-FZ of June 8, 2015)
8. Representatives of the public in the qualification boards of judges may be citizens of the Russian Federation who have reached the age of 35, have a higher legal education, who have not committed acts discrediting them, who do not hold state or municipal positions, positions in the state or municipal service, who are not heads of organizations and institutions, regardless of organizational and legal forms and forms of ownership, lawyers and notaries.
Representatives of the President of the Russian Federation in the qualification boards of judges may be citizens of the Russian Federation who are in the public service of the Russian Federation.
(As amended by Federal Law No. 346-FZ of 08.12.2010)
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 on his initiative, or if he commits a crime established by a court verdict that has entered into legal force , or in the event of his absence from the meetings of the Qualification Board of Judges for four months without good reason, or in the event of filling a position or carrying out activities specified in the first paragraph of this paragraph.
(as amended by Federal Law No. 144-FZ of June 8, 2015)
The powers of a member of the qualification board of judges – a representative of the President of the Russian Federation shall be terminated by the President of the Russian Federation.
(as amended by Federal Law No. 144-FZ of June 8, 2015)
(Clause 8 as amended by Federal Law No. 96-FZ of July 4, 2003)
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Article 11.1. Formation of examination commissions for taking the qualification exam for the position of a judge
(as amended by Federal Law No. 69-FZ of April 6, 2015)
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1. The Higher Examination Commission for the Admission of the Qualification Examination for the Position of a Judge shall be formed in the amount of twenty-one members of the commission. Members of the commission are elected according to the following norms of representation:
1) from the Supreme Court of the Russian Federation – five members of the commission;
2) from judges of courts of general jurisdiction – five members of the commission;
3) from judges of arbitration courts – five members of the commission;
4) from teachers of legal disciplines of educational institutions of higher education and researchers who have the degree of candidate of legal sciences or doctor of legal sciences – four members of the commission;
5) from all-Russian public associations of lawyers – two members of the commission.
2. Examination commissions of the constituent entities of the Russian Federation for taking the qualification exam for the position of a judge are formed from among:
1) judges of courts of general jurisdiction and judges of arbitration courts, while in the composition of the relevant examination commission the number of judges of courts of general jurisdiction must be equal to the number of judges of arbitration courts and together they must be at least three-quarters of the total number of members of the examination commission;
2) teachers of legal disciplines of educational institutions of higher education, researchers with a degree of candidate of legal sciences or doctor of legal sciences, representatives of all-Russian public associations of lawyers who exercise the powers of members of examination commissions on a paid basis.
3. If there is no arbitration court on the territory of a constituent entity of the Russian Federation or it is impossible to ensure equal representation of judges of courts of general jurisdiction and judges of arbitration courts in the examination commission of a constituent entity of the Russian Federation due to an insufficient number of judges of arbitration courts, such representation is determined by the regulations of the examination commission.
4. Members of the examination committee cannot be members of the examination committees of different levels and the qualification board of judges of equal level.
5. Members of the examination committee – representatives of educational institutions of higher education, scientific organizations, all-Russian public associations of lawyers in the exercise of their powers are not bound by the decisions of these institutions, organizations and public associations, and recall of members of the examination committee is not allowed.
6. Members of the examination commissions of the constituent entities of the Russian Federation are elected by the conferences of judges of the constituent entities of the Russian Federation in the number and manner determined by the conferences of judges in accordance with their regulations, taking into account the need for representation in these commissions of judges, respectively, of the supreme courts of the republics, regional, regional courts, courts of federal cities. significance, courts of the autonomous region, courts of autonomous districts, arbitration courts of the constituent entities of the Russian Federation, district courts, as well as teachers of legal disciplines of educational institutions of higher education, scientists with a degree of candidate of legal sciences or doctor of legal sciences, and representatives of all-Russian public associations of lawyers.
7. From the judges of arbitration courts, the members of the examination commission of the city of St. Petersburg for taking the qualification exam for the position of a judge are elected from among the judges of the Arbitration Court of the city of St. Petersburg and the Leningrad Region.
8. Delegates of the All-Russian Congress of Judges elect members of the Higher Examination Commission by secret ballot. The election is carried out:
1) in relation to judges – at separate meetings of delegates from judges of the Supreme Court of the Russian Federation, from judges of courts of general jurisdiction and from judges of arbitration courts on the proposal of the Chairman of the Supreme Court of the Russian Federation. The judges who received the largest number of votes of the delegates who took part in the voting are considered elected, provided that more than half of the congress delegates from the judges of the respective courts took part in the voting;
(Item 1 as amended by Federal Law No. 168-FZ of June 2, 2016)
2) in relation to other members of the commission – on the proposal of the Chairman of the Supreme Court of the Russian Federation, which is based on the proposals received by him for consideration from educational institutions of higher education, scientific organizations, all-Russian public associations of lawyers.
9. The delegates of the conferences of judges of the constituent entities of the Russian Federation elect members of the examination commissions of the constituent entities of the Russian Federation by secret ballot. The election is carried out:
1) in relation to judges – on the proposal of the chairman of the supreme court of the republic, the regional court, the court of the city of federal significance, the court of the autonomous region, the court of the autonomous district and on the proposal of the chairman of the arbitration court of the constituent entity of the Russian Federation;
2) in relation to other members of the examination commissions of the constituent entities of the Russian Federation – on the proposal of the chairman of the supreme court of the republic, the regional court, the court of the city of federal significance, the court of the autonomous region, the court of the autonomous district and on the proposal of the chairman of the arbitration court of the constituent entity of the Russian Federation, which are based on the received them for consideration by the proposals of educational institutions of higher education, scientific organizations, all-Russian public associations of lawyers.
10. The Chairman of the Supreme Court of the Russian Federation, the Chairman of the 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, a chairman of an arbitration court of a constituent entity of the Russian Federation shall submit at least two candidates for each position of a member of the examination committee.
11. The procedure for submitting candidates to the examination commissions is established by the regulations of the All-Russian Congress of Judges and conferences of judges of the constituent entities of the Russian Federation, and in the cases provided for in paragraph 13 of this article, by the regulations of the Council of Judges of the Russian Federation and councils of judges of the constituent entities of the Russian Federation.
12. The powers of a member of the examination commission from among the judges may be prematurely terminated on his initiative, or if he commits a disciplinary offense, or in the event of termination of the powers of a judge, or if he is absent from the meetings of the examination commission for four months without good reason. The powers of another member of the examination commission may be prematurely terminated on his initiative, or in the event that he commits a crime established by a court verdict that has entered into legal force, or if he is absent from the meetings of the examination commission for four months without good reason. The decision on early termination of the powers of a member of the examination commission is made by the congress (conference) of judges, and in the period between congresses (conferences) of judges – by the relevant council of judges. In the event of early termination of the powers of a member of the examination committee, the election of another person to the examination committee is carried out by the relevant council of judges for a period until the expiration of the powers of the examination committee. Representations on the early termination of the powers of a member of the examination commission and on the election of another person to the examination commission in the period between congresses (conferences) of judges are submitted to the relevant council of judges by the chairmen of the courts indicated inparagraph 10 of this article.
The decision on the early termination of the powers of a member of the Higher Examination Commission in the period between All-Russian Congresses of Judges is taken by the Council of Judges of the Russian Federation. In case of early termination of the powers of a member of the High Examination Commission, the election of another person to the High Examination Commission in the period between All-Russian Congresses of Judges is carried out by the Council of Judges of the Russian Federation for a period until the expiration of the powers of the High Examination Commission.
Representations on the early termination of the powers of a member of the High Examination Commission and on the election of another person to the High Examination Commission in the period between All-Russian Congresses of Judges are submitted to the Council of Judges of the Russian Federation by the Chairman of the Supreme Court of the Russian Federation.
13. Examination commissions elect from among their members the chairman of the examination commission and the deputy (deputies) of the chairman of the examination commission. The secretary of the examination commission is appointed by the Judicial Department at the Supreme Court of the Russian Federation or by a body included in its system, upon the recommendation of the relevant examination commission. The secretary of the examination committee does not participate in the decision-making of the examination committee.
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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 this court may be elected.
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Article 13. Term of office of elected bodies of the judiciary
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1. The Council of Judges of the Russian Federation, Councils of Judges of the Subjects of the Russian Federation, the High Qualification Board of Judges of the Russian Federation, Qualification Boards of Judges of the Subjects of the Russian Federation, the Higher Examination Commission and Examination Commissions of the Subjects of the Russian Federation are elected for four years.
(Clause 1 as amended by Federal Law No. 388-FZ of 03.12.2011)
2. After the expiration of the specified terms, the powers of the elected bodies of the judiciary remain until the next congress, conferences and general meetings of judges.
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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.
4. The organization of the work of the Higher Examination Commission, the examination commissions of the constituent entities of the Russian Federation is regulated by the relevant regulations approved by the Higher Examination Commission.
(Clause 4 was introduced by Federal Law No. 388-FZ of December 3, 2011)
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Article 15
1. Councils of judges, qualification boards of judges and examination commissions have the right to request from state bodies, public associations and officials and receive from them information and documents necessary for their activities.
(as amended by Federal Law No. 69-FZ of April 6, 2015)
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 state bodies, public associations and officials.
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Article 16. Interaction of bodies of the judiciary
(as amended by Federal Law No. 388-FZ of December 3, 2011)
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1. Councils of judges, qualification boards of judges and examination commissions exchange the necessary 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, the High Examination Commission send the necessary information about their activities, respectively, to the councils of judges of the constituent entities of the Russian Federation, the qualification boards of judges of the constituent entities of the Russian Federation Federation and to the examination commissions of the constituent entities of the Russian Federation.
3. The Councils of Judges of the Subjects of the Russian Federation, the Qualification Boards of Judges of the Subjects of the Russian Federation and the Examination Commissions of the Subjects of the Russian Federation inform the Council of Judges of the Russian Federation, the Higher Qualifications Board of Judges of the Russian Federation and the Higher Examination Commission about their activities, respectively.
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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) considers applications of candidates for the position of Chairman of the Supreme Court of the Russian Federation and submits its conclusions to the President of the Russian Federation;
(clause 1 as amended by the Federal Law of March 12, 2014 N 29-FZ)
2) consider applications of candidates for the positions of First Deputy Chairman of the Supreme Court of the Russian Federation, Deputy Chairman of the Supreme Court of the Russian Federation – Chairmen of Judicial Collegia of the Supreme Court of the Russian Federation (hereinafter referred to as Deputy Chairmen of the Supreme Court of the Russian Federation), Chairman of the Board of Appeal of the Supreme Court of the Russian Federation, Deputy Chairman of the Board of Appeal of the Supreme Court of the Russian Federation, judges of the Supreme Court of the Russian Federation, chairmen, deputy chairmen of other federal courts (except for district courts), as well as judges of general jurisdiction courts of cassation, general jurisdiction courts of appeal, district commercial courts, appellate commercial courts, the Court of intellectual rights,military courts and submits its conclusions to the Chairman of the Supreme Court of the Russian Federation;
(as amended by Federal Laws of March 12 , 2014 N 29-FZ , of July 29, 2018 N 266-FZ )
2.1) considers the proposals of the Chairman of the Supreme Court of the Russian Federation concerning the submission to the President of the Russian Federation of candidates for judges of the Supreme Court of the Russian Federation for appointment in accordance with the established procedure to the position of a member of the Presidium of the Supreme Court of the Russian Federation, and submits its opinions to the Chairman of the Supreme Court of the Russian Federation;
(Clause 2.1 as amended by Federal Law No. 29-FZ of March 12, 2014)
2.2) conducts mandatory checks of information published in the media about the behavior of a judge that does not meet the requirements of the Code of Judicial Ethics and undermines the authority of the judiciary, if the opinion on the recommendation for the position of a judge was given by this collegium;
(Item 2.2 was introduced by Federal Law No. 274-FZ of December 25, 2008)
3) announces in the media about the opening of vacant positions of the Chairman of the Supreme Court of the Russian Federation, Deputy Chairman of the Supreme Court of the Russian Federation, judges of the Supreme Court of the Russian Federation, chairmen, deputy chairmen of other federal courts (with the exception of district courts), as well as judges of general cassation courts jurisdiction, courts of appeal of general jurisdiction, arbitration courts of districts, arbitration courts of appeal, the Intellectual Property Rights Court, military courts, indicating the time and place of receipt and consideration of documents;
(as amended by Federal Laws of March 12 , 2014 N 29-FZ , of July 29, 2018 N 266-FZ )
4) suspend, renew or terminate the powers (with the exception of the termination of the powers of judges who have reached the age limit for holding office as a judge), as well as suspend, resume or terminate the resignation of the Chairman of the Supreme Court of the Russian Federation, Deputy Chairman of the Supreme Court of the Russian Federation, judges of the Supreme Court of the Russian Federation , chairmen, deputy chairmen of other federal courts (with the exception of district courts), as well as judges of cassation courts of general jurisdiction, courts of appeal of general jurisdiction, arbitration courts of districts, arbitration courts of appeal, the Intellectual Property Rights Court, military courts, members of the Council of Judges of the Russian Federation and 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 and their deputies;
(as amended by Federal Laws of March 12 , 2014 N 29-FZ , of July 29, 2018 N 266-FZ )
5) carries out qualification certification of judges of the Supreme Court of the Russian Federation, chairmen, deputy chairmen of federal courts (with the exception of the Supreme Court of the Russian Federation and district courts), as well as judges of cassation courts of general jurisdiction, courts of appeal of general jurisdiction, arbitration courts of districts, arbitration courts of appeal, intellectual property courts and military courts;
(as amended by Federal Laws of March 12 , 2014 N 29-FZ , of July 29, 2018 N 266-FZ )
6) gives opinions on the possibility of engaging retired judges to serve as judges of the Supreme Court of the Russian Federation, courts of cassation of general jurisdiction, courts of appeal of general jurisdiction, arbitration courts of districts, arbitration courts of appeal, the Court for Intellectual Property Rights and military courts;
(as amended by Federal Laws of March 12 , 2014 N 29-FZ , of July 29, 2018 N 266-FZ )
7) assigns judges the first and highest qualification classes;
8) impose disciplinary sanctions on judges of the Supreme Court of the Russian Federation, chairmen, deputy chairmen of federal courts (with the exception of district courts), as well as on judges of courts of cassation of general jurisdiction, courts of appeal of general jurisdiction, arbitration courts of circuits, arbitration courts of appeal, the Court for Intellectual Property the rights and military courts, members of the Council of Judges of the Russian Federation and the High Qualification Board of Judges of the Russian Federation, chairmen, deputy chairmen of councils of judges and qualification boards of judges of constituent entities of the Russian Federation for committing a disciplinary offense;
(as amended by Federal Laws of March 12 , 2014 N 29-FZ , of July 29, 2018 N 266-FZ )
9) approves the regulation on the procedure for the work of qualification boards of judges;
10) considers issues falling within the competence of the qualification boards of judges of constituent entities of the Russian Federation, if they cannot be resolved by these boards;
10.1) considers complaints against decisions of qualification boards of judges of constituent entities of the Russian Federation. If, based on the results of consideration of a complaint against a decision to bring a judge to disciplinary liability, the High Qualification Board of Judges of the Russian Federation comes to the conclusion that the disciplinary sanction imposed on the judge by the Qualification Board of Judges of a constituent entity of the Russian Federation is disproportionate to the severity of the disciplinary offense committed, it has the right to change the type of disciplinary offense penalties;
(Clause 10.1 as amended by Federal Law No. 163-FZ of July 3, 2019)
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 awarding state awards of 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.
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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.
3. To ensure the activities and organization of the work of the High Qualifications Board of Judges of the Russian Federation, an apparatus is created, which is a structural subdivision of the Judicial Department under the Supreme Court of the Russian Federation.
(Clause 3 was introduced by Federal Law No. 274-FZ of December 25, 2008)
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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 constituent entities of the Russian Federation, justices of the peace, judges of district courts (including chairmen and deputy chairmen of district courts), and in cases provided for by regulatory legal acts of constituent entities of the Russian Federation, in relation to judges of constitutional (charter) courts of constituent entities of the Russian Federation.
(as amended by Federal Law No. 296-FZ of November 28, 2009)
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;
1.1) is no longer valid. – Federal Law of July 3, 2019 N 163-FZ;
1.2) consider the submissions of the chairmen of 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 on the approval of the chairmen of the judicial chambers for civil cases, criminal cases, other judicial chambers and submit their conclusions to the Chairman of the Supreme Court of the Russian the Federation, which approves the chairmen of the said colleges;
(Item 1.2 was introduced by Federal Law No. 100-FZ of August 14, 2004)
1.3) conducts mandatory checks of information published in the media about the behavior of a judge that does not meet the requirements of the Code of Judicial Ethics and undermines the authority of the judiciary, if the conclusion on the recommendation for the position of a judge was given by this collegium;
(Item 1.3 was introduced by Federal Law No. 274-FZ of December 25, 2008)
2) has expired. – Federal Law No. 388-FZ of December 3, 2011;
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, if necessary, request, on the grounds and in the manner provided for by the legislation of the Russian Federation, from the bodies engaged in operational-search activities and other state bodies the data necessary for making a decision upon application for a recommendation for a vacant position of a judge;
(as amended by Federal Law No. 274-FZ of December 25, 2008)
5) suspend, renew or terminate the powers (with the exception of the termination of the powers of judges who have reached the age limit for holding office as a judge), as well as suspend, resume or 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 relevant councils of judges and qualification boards of judges of constituent entities of the Russian Federation;
(as amended by the Federal Laws of 05.04.2005 N 33-FZ , of 17.07.2009 N 157-FZ , of 09.11.2009 N 246-FZ )
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, justices of the peace, as well as chairmen and deputy chairmen of district courts;
(as amended by Federal Law No. 20-FZ of March 4, 2013)
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 constituent entities of the Russian Federation may exercise their powers if their composition is formed by at least two-thirds.
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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, by the chairman of the relevant or higher court. The Qualification Board of Judges has the right to reconsider its decision in the absence of the said petition, if newly discovered circumstances do not allow to recognize the earlier decision as lawful and justified.
(as amended by Federal Law No. 100-FZ of 14.08.2004)
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.
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Chapter III. PRODUCTION IN QUALIFYING
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 failure to appear without a valid 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 considering material on the disciplinary liability of a judge, bringing a judge to criminal liability by a 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.
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Article 22
1. An application by a body of the judiciary to impose a disciplinary sanction on 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 this misconduct, written explanations of the judge and evidence submitted by him confirming these explanations, or data on the refusal of the judge to give such explanations and data characterizing the judge.
(As amended by Federal Law No. 243-FZ of July 29, 2018)
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 (except for the bodies of the judiciary), as well as from citizens and officials, are considered by the qualification board of judges independently.
In order to verify the information contained in these complaints and reports, the qualification board of judges may form a commission from among the members of the council of judges and members of the qualification board of judges, as well as representatives of the public and employees of the apparatus of the qualification board of judges. The results of the audit are reported by the commission at a meeting of the qualification board of judges, which makes a decision on the merits.
(Clause 2 as amended by Federal Law No. 243-FZ of July 29, 2018)
3. If the issue of early termination of 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.
(as amended by Federal Law No. 165-FZ of October 2, 2012)
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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 express in writing his dissenting opinion, which is attached to the minutes of the meeting of the Qualification Board of Judges.
2.1. The decision based on the results of considering the issue of early termination of a judge’s powers in connection with the commission of a disciplinary offense or the issue of terminating the resignation of a judge in connection with the performance of activities incompatible with the position of a judge, or the commission of acts discrediting him, is taken by secret ballot of the members of the qualification board of judges. . The procedure for secret voting is established by the regulation on the procedure for the work of qualification boards of judges.
(Clause 2.1 was introduced by Federal Law No. 210-FZ of July 24, 2009)
2.2. In the event that the Qualification Board of Judges adopts a decision on the early termination of a judge’s powers in connection with the commission of a disciplinary offense or a decision to terminate the resignation of a judge in connection with the performance of activities incompatible with the position of a judge, or the commission of acts discrediting him, each of the decisions must indicate the reasons for its adoption.
(Clause 2.2 was introduced by Federal Law No. 210-FZ of July 24, 2009)
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 board of judges, the board decides to temporarily assign his duties to one of the members of the board.
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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 the 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 subjects of the Russian Federation are full-time employees of the bodies included in its system in the subjects of the Russian Federation.
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Article 25
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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.
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Article 26. Appeal against decisions of qualification boards of judges
(as amended by Federal Law No. 246-FZ of November 9, 2009)
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1. A decision taken by a qualification board of judges may be appealed in court or to the High Qualification Board of Judges of the Russian Federation (in relation to decisions of the qualification boards of judges of constituent entities of the Russian Federation) by the person against whom it was taken.
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 judges, bringing them to disciplinary liability, suspension or termination of the resignation of judges, as well as on the refusal to recommend for judicial positions may be appealed by interested persons in within ten days from the date of receipt of a copy of the relevant decision, except for the cases provided for in paragraph 5 of this article.
(as amended by Federal Law No. 165-FZ of October 2, 2012)
3. Decisions of the qualification boards of judges of constituent entities of the Russian Federation on the refusal to recommend for judicial positions, on bringing judges to disciplinary responsibility (with the exception of decisions on the early termination of the powers of judges for committing disciplinary offenses), the suspension of the resignation of judges may be appealed to the relevant supreme courts of the republics , territorial, regional courts, courts of federal cities, the court of the autonomous region and the courts of autonomous districts.
(Clause 3 as amended by Federal Law No. 29-FZ of March 12, 2014)
4. Decisions of the qualification boards of judges of constituent entities of the Russian Federation on the termination of the powers of judges or on the termination of their resignation may be appealed to the Supreme Court of the Russian Federation.
(Clause 4 as amended by Federal Law No. 29-FZ of March 12, 2014)
5. Decisions of the High Qualifications Board of Judges of the Russian Federation on the refusal to recommend for the positions of judges, on bringing judges to disciplinary liability, suspension or termination of the powers of judges, suspension or termination of their resignation may be appealed to the Supreme Court of the Russian Federation.
(Clause 5 as amended by Federal Law No. 29-FZ of March 12, 2014)
5.1. Repealed from September 1, 2019. – Federal Law of July 29, 2018 N 243-FZ.
6. Other decisions of the qualification boards of judges may be appealed in accordance with the procedure established by paragraphs 1 and 2 of this article only on grounds of violation of the procedure for their adoption.
7. 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.
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Chapter III.1. POWERS OF EXAMINATION COMMISSIONS
AND PROCEDURE FOR THE EXAM
(introduced by Federal Law No. 388-FZ of December 3, 2011)
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Article 26.1. Powers of examination boards
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1. The High Examination Commission shall take examinations of a candidate for a position of a judge if the conclusion on the recommendation of a candidate for this position falls within the powers of the High Qualifications Board of Judges of the Russian Federation.
2. The examination commission of a constituent entity of the Russian Federation shall take examinations of a candidate for the position of a judge if the conclusion on the recommendation of a candidate for this position falls within the powers of the qualification board of judges of this constituent entity of the Russian Federation.
(as amended by Federal Law No. 69-FZ of April 6, 2015)
3. The Higher Examination Commission provides general and methodological guidance to the examination commissions of the constituent entities of the Russian Federation. The Higher Examination Commission gives clarifications to the examination commissions of the constituent entities of the Russian Federation on issues related to the admission of the qualification examination for the position of a judge.
(Clause 3 as amended by Federal Law No. 69-FZ of April 6, 2015)
4. The Higher Examination Commission approves the regulations of examination commissions.
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Article 26.2. Organization of work of examination committees
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1. The work of the examination commission is organized by the chairman of the examination commission or, on his behalf, the deputy chairman of the examination commission or a member of the examination commission.
2. The examination committee is authorized to take a qualification exam for the position of a judge if at least half of its members are present. At the same time, judges must be at least half of the number of members of the commission present at the qualification exam.
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Article 26.3. The procedure for conducting a qualification exam for the position of a judge and the procedure for determining the assessment of the knowledge of a candidate for the position of a judge
(as amended by Federal Law No. 69-FZ of April 6, 2015)
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1. The procedure for conducting a qualification examination for the position of a judge and the procedure for determining the assessment of the knowledge of a candidate for the position of a judge shall be established by the regulations of the examination commissions approved by the Higher Examination Commission.
2. Examination tickets are drawn up separately for candidates for the position of a judge of a court of general jurisdiction, candidates for the position of a judge of an arbitration court, candidates for the position of a judge of a specialized court and must contain three theoretical questions on various branches of law, two tasks on judicial practice and a written task for preparing procedural document on the layout of the case.
3. Theoretical questions in the examination papers are drawn up by the Higher Examination Commission, and the tasks on judicial practice and written assignments for the preparation of a procedural document according to the layout of the case are compiled by the relevant examination boards and approved by the Higher Examination Commission.
4. For candidates for the position of a judge of a constitutional (charter) court of a constituent entity of the Russian Federation, examination tickets are drawn up in accordance with the regulatory legal acts of the relevant constituent entity of the Russian Federation.
5. The Higher Examination Commission draws up examination questions and approves tasks on issues of judicial practice and written assignments for the preparation of a procedural document based on the layout of the case in agreement with the Supreme Court of the Russian Federation.
6. Information on the progress of the qualification examination for the position of a judge and its results shall be reflected in the protocol, which is signed by the chairman of the examination commission meeting and the secretary of the examination commission. The solutions of problems prepared by the candidate and the draft procedural document on the layout of the case are attached to the minutes of the meeting of the examination committee and are stored in the archive of the examination committee for at least four years.
7. An extract from the protocol on passing the qualification exam by a candidate for the position of a judge is provided to the candidate at his request.
8. The examination committee shall issue to the person who has passed the qualifying examination for the position of a judge a certificate of the results of the qualification examination with grades for each question and an overall final grade. In case of receiving an overall final unsatisfactory grade, the specified certificate is not issued.
9. The results of the qualification examination for the position of a judge shall be recognized as valid for three years from the date of passing the qualification examination. Within the specified period, a candidate for the position of a judge has the right to pass a qualification exam for the position of a judge of a court of another level, another system, another type or another subject of the Russian Federation.
10. A candidate who has begun to answer and has refused to take a further qualification exam for the position of a judge, as well as a candidate who has not passed a qualification exam, may apply to this or another examination commission with an application for admission to pass a qualification exam not earlier than six months from the day of the qualifying examination.
11. A candidate for the position of a judge may be denied admission to the qualification exam only on the grounds established by federal law. If a candidate is denied admission to the qualification exam for the position of a judge, the corresponding decision must be motivated and executed in writing.
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Article 26.4. Appeal against decisions of examination boards
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1. A candidate for the position of a judge may appeal against the decision of the examination commission in court within ten days from the date of receipt of a certificate of the results of the qualification examination for the position of a judge. Decisions of the Higher Examination Commission are appealed to the Supreme Court of the Russian Federation. The decisions of the examination commissions of the constituent entities of the Russian Federation are appealed to the supreme courts of the republics, regional and regional courts, courts of federal cities, the court of an autonomous region and the courts of autonomous districts.
2. Decisions of examination commissions may be appealed only on the grounds of violation of the procedure for conducting a qualification examination.
(Clause 2 as amended by Federal Law No. 69-FZ of April 6, 2015)
3. A candidate for the position of a judge has the right to appeal against the actions (inaction) of the examination commission, as a result of which he was not allowed to take the qualification exam.
(Clause 3 as amended by Federal Law No. 69-FZ of April 6, 2015)
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Chapter IV. SUPPORT OF THE ACTIVITIES OF THE BODIES
JUDGING COMMUNITY
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Article 27
1. Organizational support for the activities of the bodies of the judiciary is carried out by the Judicial Department under the Supreme Court of the Russian Federation and its constituent bodies.
2. The Council of Judges of the Russian Federation, the High Qualification Board of Judges of the Russian Federation and the High Examination Commission provide methodological assistance to the relevant bodies of the judiciary in their activities.
(Clause 2 as amended by Federal Law No. 388-FZ of 03.12.2011)
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.
4. The certificate of the chairman of the Higher Examination Commission is signed by the chairman of the Council of Judges of the Russian Federation. Certificates of members of the Higher Examination Commission and chairmen of the examination commissions of the constituent entities of the Russian Federation are signed by the chairman of the Higher Examination Commission. Certificates of members of the examination boards of the constituent entities of the Russian Federation are signed by the chairmen of the respective examination boards.
(Clause 4 was introduced by Federal Law No. 69-FZ of April 6, 2015)
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Article 28
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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, the High Examination Commission for taking the qualification exam for the position of a judge is assigned to the Judicial Department under the Supreme Court of the Russian Federation.
(as amended by Federal Law No. 388-FZ of December 3, 2011)
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Article 28.1. Payments to teachers of legal disciplines of educational institutions of higher education and researchers with a degree in law, representatives of all-Russian public associations of lawyers for participation in the work of examination commissions
(as amended by Federal Law No. 185-FZ of July 2, 2013)
(introduced by Federal Law No. 388-FZ of December 3, 2011)
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1. Teachers of legal disciplines of educational institutions of higher education, researchers with a degree in law, representatives of all-Russian public associations of lawyers are paid remuneration for participating in the work of examination commissions, as well as reimbursed for expenses associated with sending them on a business trip to participate in work examination commissions, in the manner and in the amount established by the Government of the Russian Federation.
(as amended by Federal Law No. 185-FZ of July 2, 2013)
2. Teachers of legal disciplines of educational institutions of higher education, researchers with a degree in law and representatives of all-Russian public associations of lawyers for the duration of their participation in the work of the examination committee retain the guarantees and compensations provided at their main place of work in accordance with labor legislation.
(as amended by Federal Law No. 185-FZ of July 2, 2013)
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Chapter V. FINAL PROVISIONS
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Article 29
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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 Higher Qualification Board of Judges of the Russian Federation formed prior to 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 Higher 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, arbitration courts, as well as examination commissions, formed before 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.
(as amended by Federal Law No. 29-FZ of March 12, 2014)
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 Decree of the Supreme Council of the Russian Federation of May 13, 1993 N 4960-1 “On Approval of the Regulations on the Qualification Boards of Judges and the Regulations on the Qualification Attestation 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, 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 the 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, 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 the Decree of the Supreme Council of the Russian Federation of May 13, 1993 N 4960-1 “On Approval of the Regulations on the Qualification Boards of Judges and the Regulations on the Qualification Attestation of Judges” (Vedomosti Congress of 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.
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The president
Russian Federation
V. PUTIN
Moscow Kremlin
March 14, 2002
N 30-FZ