Law On the Status of Judges in the Russian Federation (26/06/1992)

USSIAN FEDERATION LAW

On the Status of Judges in the Russian Federation

26 June 1992
No. 3132-1

Article 1. Judges as Holders of Judicial Power

1. Judicial power in the Russian Federation belongs only to the courts, represented by judges and, where stipulated in law, representatives of the people drawn to participation in the administration of justice.

2. Judicial power is autonomous and acts independently of the legislative and the executive powers.

3. In accordance with this Law, judges are persons empowered, in the constitutional manner, to administer justice, who perform their duties on a professional basis.

4. Judges are independent and obey only the Constitution of the Russian Federation and the law. They are not accountable to anybody in their activities regarding the administration of justice.

5. Contempt of court or of judges is punishable by law.

6. The requests and orders of a judge, made in the exercise of judicial powers, are binding for all state bodies, public associations, officials, other legal and natural persons. Any information, documents and their copies necessary for the administration of justice are to be granted free of charge at the request of a judge. Failure to fulfil the requests and orders of a judge is punishable by law.

Article 2. Universal Status of Judges

1. All judges of the Russian Federation have the same status. The features of legal status of some categories of judges, including the judges of military courts, are determined by federal laws, and where so stipulated in federal laws – also by the laws of the constituent entities of the Russian Federation.

The features of the legal position of judges of the Constitutional Court of the Russian Federation are stipulated in a federal constitutional law.

2. Judges receive qualification classes in the manner stipulated in this Law, depending on the occupied office, length of tenure and other circumstances stipulated in law. Conferment of a qualification class on a judge does not alter the status of the judge in respect of the other judges in the Russian Federation.

Article 3. Requirements to Judges

1. Judges must observe the Constitution of the Russian Federation, federal constitutional laws and federal laws at all times. Judges of a constitutional (charter) court of a constituent entity of the Russian Federation, justices of the peace must also observe the constitution (charter) of the constituent entity of the Russian Federation, the laws of the constituent entity of the Russian Federation.

2. In the exercise of their powers, as well as in their private lives, judges must avoid everything that may diminish their dignity, the authority of the judiciary or raise doubts regarding their objectiveness, fairness and impartiality.

In case of a conflict of interest, a judge participating in the proceedings in a case is obliged to recuse her-/himself or inform the participants of proceedings of the situation at hand.

A conflict of interest is a situation, in which the (direct or indirect) personal interest of a judge influences or may influence the due performance of the judge’s professional duties, and in which a conflict arises or may arise between the personal interests of a judge and the rights and lawful interests of citizens, organizations, of the society, municipal entity, constituent entity of the Russian Federation or of the Russian Federation, which may violate the rights and lawful interests of citizens, organizations, of the society, of a municipal entity, constituent entity of the Russian Federation or of the Russian Federation.

A personal interest of a judge which influences or may influence the due performance of the judge’s professional duties is the possibility of receipt of income by the judge in the performance of duties, in the form of material gains or of another undue advantage directly for the judge, the members of the judge’s family or for other persons and organizations, with which the judge is affiliated through financial or other obligations.

3. Judges have no right:

1) to occupy other public positions, positions of the state service, municipal positions, positions of the municipal service, to serve as adjudicators or arbitrators;

2) to be members of political parties, to provide material support for the aforementioned parties or to participate in their political actions or in any other political activities;

3) to publicly state their opinion regarding political parties and other public associations;

4) to engage in entrepreneurship, personally or through vicarious agents; in particular, to participate in the management of economic entities, independent from their organizational and legal forms;

5) to engage in any other type of remunerated activities, except for teaching, scientific and other artistic activities. Such engagement must not hinder the performance of judicial duties and cannot serve as a good reason for absence from a court session, unless prior consent was given by the president of the corresponding court (for a justice of the peace – by the president of the corresponding district court, for a court president – by the presidium of the corresponding court or, in the absence of such a presidium – by the presidium of a higher court). Herewith, such teaching, scientific or other artistic activities cannot be exclusively financed by foreign states, international and foreign organizations, foreign citizens or stateless persons, unless otherwise stipulated in the legislation of the Russian Federation, the international treaties of the Russian Federation or in mutual agreements of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the constitutional (charter) court of a constituent entity of the Russian Federation with the corresponding foreign courts, international and foreign organizations;

5.1) to open and have accounts (deposits), keep cash money and valuables in foreign banks located outside the territory of the Russian Federation, to own and (or) use foreign financial instruments. The same applies to spouses and minor children of judges. The notion “foreign financial instruments” is used in this Federal Law with the meaning stipulated in Federal Law No. 79 of 7 May 2013 “On Prohibition for Certain Categories of Persons to Open and Have Accounts (Deposits), to Keep Cash Money and Valuables in Foreign Banks Located Outside the Territory of the Russian Federation, to Own and (or) Use Foreign Financial Instruments”;

5.2) to be citizens (nationals) of a foreign state or to hold residence permits or other documents confirming the right of a citizen of the Russian Federation to be permanently resident on the territory of a foreign state;

6) to act as agents or representatives in the interests of natural or legal persons (except in case of statutory representation[1]);

7) to publicly comment issues that are subject matter of judicial proceedings before the entry into force of a judicial act regarding those issues;

8) to use the means of material and technical, financial and informational support, provided for professional activities, for purposes unrelated to the exercise of judicial powers;

9) to divulge inside information or data, classified in accordance with federal law as restricted access information, learned in the exercise of their powers, or to use such information or data for purposes unrelated to the exercise of judicial powers;

10) to receive remuneration in connection with the exercise of judicial powers, which is not stipulated in the legislation of the Russian Federation (loans, monetary and other types of remuneration, services, coverage of expenses for entertainment, holidays and transportation), from natural and legal persons. Gifts received by a judge in connection with official social events, official business trips and other official events are deemed federal property or the property of a constituent entity of the Russian Federation and are handed over by the judge to the court in which the judge holds her/his office, with the use of a special form, unless otherwise stipulated in the legislation of the Russian Federation. A judge who hands over a gift, received in connection with an official social event, an official business trip or another official event, may repurchase it in the manner stipulated in the normative legal acts of the Russian Federation;

11) to accept, without the consent of the corresponding qualification board of judges, honorary titles and special ranks, awards and other decorations (except for those in the spheres of science and sports) from foreign states, political parties, other public associations and organisations;

12) to go on official business trips outside the Russian Federation at the expense of private and legal persons; except for official business trips, organized in accordance with the legislation of the Russian Federation, the international treaties of the Russian Federation or the mutual agreements of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Council of Judges of the Russian Federation, the constitutional (charter) court of a constituent entity of the Russian Federation with the corresponding foreign courts, international and foreign organizations;

13) to be members of management bodies, boards of trustees or supervisory boards, other bodies of foreign non-commercial non-governmental organizations acting on the territory of the Russian Federation or of their structural units, unless otherwise stipulated in the legislation of the Russian Federation, the international treaties of the Russian Federation or in mutual agreements of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the constitutional (charter) court of a constituent entity of the Russian Federation with the corresponding foreign courts, international and foreign organizations;

14) to cease the performance of professional duties in order to settle labour law disputes.

4. A retired judge, whose length of tenure is at least 20 years or who has reached the age of 55 (50 for women), may be employed by public authorities, local self-government bodies, state and municipal institutions, trade unions and other public associations, as well as an assistant to a deputy of the State Duma or to a member of the Federation Council of the Federal Assembly of the Russian Federation, as an assistant to a deputy of the legislative (representative) body of a constituent entity of the Russian Federation, may be appointed commissioner for financial services consumers’ rights, but may not work as a prosecutor, investigator or inquiry officer, may not engage in the activities of an advocate or a notary.

Requirements stipulated in Subitems 1, 11 and 12 of Item 3 of this Article do not apply to retired judges, independent of their age and length of tenure.

If a retired judge engages in activities allowed for retired judges in accordance with this Item, the guarantees of immunity stipulated in Article 16 of this Law do not apply to that judge for the time of such engagement; membership of that judge in the judiciary is suspended during the time of such engagement.

5. A retired judge may act as a mediator, court conciliator.

Article 4. Requirements to Candidates for the Judicial Office

1. A citizen of the Russian Federation may be a judge, if he/she:

1) has higher legal education in “Law” or higher education in “Law” with a “master” degree (qualification) accompanied by a bachelor diploma in “Law”;

2) has never suffered conviction, or criminal proceedings against her/him were terminated on exonerative grounds;

3) is not a citizen (national) of a foreign state; does not hold a residence permit or another document confirming the right of a citizen of the Russian Federation to be permanently resident on the territory of a foreign state;

4) has not been recognized by a court as legally incapable or legally impaired;

5) is not registered in a narcological or psychoneurologic dispensary due to alcoholism, drug addiction or substance abuse treatment, treatment for persistent or chronic psychiatric disorders;

6) does not have any other illnesses precluding the exercise of judicial powers.

2. If the requirements stipulated in Item 1 of this Article are fulfilled:

1) a citizen, who has reached the age of 40 and has a length of service in the field of law of at least 15 years, can be a judge of the Constitutional Court of the Russian Federation;

2) a citizen, who has reached the age of 35 and has a length of service in the field of law of at least 10 years, can be a judge of the Supreme Court of the Russian Federation;

3) a citizen, who has reached the age of 30 and has a length of service in the field of law of at least 7 years, can be a judge of a general jurisdiction court of cassation, general jurisdiction court of appeal, of the supreme court of a republic, a court of a territory, region, federal city, autonomous region, autonomous circuit, of a circuit (fleet) military court, of a commercial court of a circuit, appellate commercial court, specialized commercial court;

4) a citizen, who has reached the age of 25 and has a length of service in the field of law of at least 5 years, can be a judge of a commercial court of a constituent entity of the Russian Federation, of a constitutional (charter) court of a constituent entity of the Russian Federation, of a district court, garrison military court or a justice of the peace.

3. Other requirements to candidates for the judicial office of the Russian Federation may be stipulated in a federal constitutional law or a federal law.

4. A person suspected or accused of committing a crime cannot be a candidate for the judicial office.

5. The length of service in the field of law, necessary for judicial appointment, includes the time of work:

1) in public positions of the Russian Federation, public positions of constituent entities of the Russian Federation, positions of the state service, municipal positions, positions in the state bodies of the USSR, of union republics of the USSR, of the Russian Soviet Federative Socialist Republic and of the Russian Federation, which existed before the adoption of the Constitution of the Russian Federation, in positions in legal departments of organizations and positions in scientific organizations, if higher legal education was required to work in the aforementioned positions;

2) as a professor of law within the framework of professional education programs; as an advocate or notary.

Article 4.1. Medical Inspection of Candidates for the Judicial Office

Candidates for the judicial office undergo medical inspection in order to confirm that they have no illnesses precluding judicial appointment. The list of illnesses precluding judicial appointment is adopted by a decision of the Council of Judges of the Russian Federation on proposal of the federal healthcare authority. The form of the document certifying the absence of illnesses precluding judicial appointment is adopted by the federal healthcare authority.

Article 5. Selection of Candidates for the Judicial Office

1. Candidates for the judicial office are selected on a competition basis.

2. If a vacant position opens in a court, the president of the court informs the corresponding qualification board of judges about that no later than 10 days after the opening of the position.

No later than 10 days after receipt of information from the court president, the qualification board of judges announces the opening of the vacant position in the mass media, indicating the time and place of submission of applications by candidates for the judicial office, as well as the time and place of consideration of the applications.

2.1. Examination commissions tasked with conducting judicial qualification examination (hereinafter referred to as examination commissions) are formed in order to assess whether the candidates for judicial office have the theoretical knowledge, practical skills and abilities in the sphere of application of law, necessary to work as a judge of a court of a given type, system and level.

2.2. The manner of formation of examination commissions, their powers and the procedure of the judicial qualification examination are stipulated in Federal Law No. 30 of 14 March 2002 “On Bodies of the Judiciary in the Russian Federation”.

3. Any citizen, who has reached the age stipulated in this Law, has higher legal education in “Law” or higher education in “Law” with a “master” degree (qualification), accompanied by a bachelor diploma in “Law”, the necessary length of service in the field of law and does not have any illnesses precluding judicial appointment, has a right to pass the judicial qualification examination by submitting an application to the corresponding examination commission. The aforementioned application is accompanied by:

– an original of a document identifying the candidate as a citizen of the Russian Federation and its copy;

– a questionnaire with the candidate’s biographical details;

– an original of the document confirming that the candidate has higher legal education in “Law” or higher education in “Law” with a “master” degree (qualification) and a bachelor diploma in “Law”, and its copy;

– information about the professional experience, drawn up in the manner stipulated in legislation, and (or) a copy of the employment record book, certified in the stipulated manner, or copies of other documents confirming the professional experience of the candidate, certified in the stipulated manner;

– a document certifying that the candidate has no illnesses precluding judicial appointment.

An examination commission cannot refuse to conduct the judicial qualification examination of a candidate, who has presented the documents and their copies, stipulated in this Item.

4. If the conclusion to recommend a candidate for the judicial office is to be given by the High Qualification Board of Judges of the Russian Federation, the judicial qualification examination is conducted by the High Examination Commission. If the conclusion to recommend a candidate for the judicial office is to be given by a qualification board of judges of a constituent entity of the Russian Federation, the judicial qualification examination is conducted by the examination commission of that constituent entity of the Russian Federation.

The judicial qualification examination for positions in the Commercial Court of the City of Saint-Petersburg and Leningrad Region is conducted by the Examination Commission of Saint-Petersburg.

5. Citizens that are not judges and judges that have stayed in retirement for more than three years in a row must pass judicial qualification examination. Citizens, who have both a scientific degree of a candidate of science in law or of a doctor of science in law and an honorary title “Honoured Lawyer of the Russian Federation”, and retired judges drawn to the administration of justice in the manner stipulated in Article 7.1 of this Law are exempt from the examination. The results of qualification examination are effective for three years after it is passed, and if a citizen is appointed judge – for the whole length of tenure and for three years in a row, calculated continuously after that judge retires or is removed into retirement.

6. After passing the qualification examination, a citizen meeting the requirements to candidates for the judicial office, stipulated in this Law, may apply to the corresponding qualification board of judges to receive a recommendation for the vacant position of a judge. The aforementioned application to the qualification board of judges is accompanied by:

1) an original of a document identifying the candidate as a citizen of the Russian Federation or its certified copy;

2) a questionnaire with the candidate’s biographical details. Apart from other information, the questionnaire should state the absence of circumstances, precluding the candidate from exercising judicial powers and listed in Subitems 2-6 of Item 1, in Item 5 of Article 4 of this Law, as well as the name, first name, patronymic, date and place of birth of every member of the candidate’s family;

3) an original of the document confirming that the candidate has higher legal education in “Law” or higher education in “Law” with a “master” degree (qualification) and a bachelor diploma in “Law”;

4) information about the professional experience, drawn up in the manner stipulated in legislation, and (or) either the original or a copy of the employment record book, certified in the stipulated manner, or originals or copies of other documents confirming the professional experience of the candidate, certified in the stipulated manner;

5) a document certifying that the candidate has no illnesses precluding judicial appointment;

6) information about the results of qualification examination (not submitted by citizens, who are exempt from judicial qualification examination in accordance with Item 5 of this Article);

7) reference letters from the places of previous employment (service) for the last five years of employment (service). If the candidate has not been working in the field of law for the last five years (in whole or in part), reference letters are to be additionally provided from places of previous employment (service) in the field of law for the last five years of such employment (service). A reference letter must be issued to a candidate within seven days from the day of request;

8) information regarding the income of the candidate, the candidate’s spouse and minor children, the property owned by them and their property obligations. This information is submitted with the use of a form adopted by the President of the Russian Federation.

7. The qualification board of judges organizes the verification of documents and information referred to in Item 6 of this Article. The qualification board of judges may request the corresponding bodies to verify the submitted documents and information. Said bodies are obliged to respond the request within the time determined by the board, but no later than within two months since receipt of the aforementioned request.

8. The qualification board of judges considers the applications of all candidates for the judicial office, the results of verification of documents and information referred to in Item 6 of this Article and, taking into account the results of the qualification examination, adopts a decision to recommend one or more citizens as candidates for the judicial office. If as a result of verification the documents and information referred to in Item 6 of this Article are found to be false, the citizen that submitted such documents and information cannot be recommended for judicial office.

A close relative (spouse, parent, child, sibling, grandparent, grandchild, as well as a parent, child or sibling of a spouse) of a president or deputy president of a court cannot be a candidate for judicial office in the same court.

When deciding whether to recommend a citizen for judicial office, the qualification board of judges takes into account the candidate’s length of tenure as judge, previous work at enforcement agencies, whether the candidate has state or agency awards, an honorary title “Honoured Lawyer of the Russian Federation”, a scientific degree of a candidate of science in law or of a doctor of science in law, and, as regards acting judges, also the quality and effectiveness of consideration of cases. If there is more than one candidate for judicial office in a specialized commercial court, the board takes into account whether the candidates have qualifications corresponding to the court’s specialization.

If none of the candidates satisfy the requirements stipulated in this Law, the qualification board of judges adopts a reasoned decision on refusal to give a recommendation in regard of each of the candidates and announces a new time and place for submission and consideration of the candidates’ applications in the mass media.

The decision of the qualification board of judges to give a recommendation may be appealed in court, if the board violated the manner of selection of candidates stipulated in this Law. The decision denying recommendation may be appealed in court both with regard to the violation of the manner of selection of candidates and with regard to the substance of the decision.

9. If the qualification board of judges decides to recommend a candidate for judicial office, the decision is forwarded to the president of the corresponding court within 10 days following its adoption. Within 20 days from receipt of the decision, the court president forwards a proposal regarding the appointment of the recommended person as a judge, in the stipulated manner.

10. If, after a person has been recommended for judicial office, it is discovered that he/she violated the requirements of Subitems 1 and 5 of Article 4 of this Law, the qualification board of judges immediately revokes its decision and informs:

1) the President of the Russian Federation – if the decision to recommend a candidate for judicial office in a federal court is revoked;

2) the legislative (representative) body of a constituent entity of the Russian Federation – if the decision to recommend a candidate for judicial office in a constitutional (charter) court of a constituent entity or for the position of a justice of the peace is revoked;

3) the person, the decision on recommendation in whose regard is revoked.

11. If, after the proposal to appoint the recommended person as a judge has been forwarded, it is discovered that the aforementioned person violated the requirements of Subitems 1 and 5 of Article 4 of this Law, the president of the corresponding court immediately revokes the proposal.

Article 6. Vesting of Judicial Powers

1. Judges of the Supreme Court of the Russian Federation are appointed by the Federation Council of the Federal Assembly of the Russian Federation on proposal of the President of the Russian Federation, based on the proposal of the Chief Justice of the Supreme Court of the Russian Federation.

2. Judges of general jurisdiction courts of cassation, general jurisdiction courts of appeal, of commercial courts of circuits and of specialized commercial courts are appointed by the President of the Russian Federation on proposal of the Chief Justice of the Supreme Court of the Russian Federation, forwarded to the President of the Russian Federation no later than 30 days from receipt of the proposal to appoint the recommended person for judicial office from the president of the corresponding court.

3. Judges of other federal courts of general jurisdiction and of commercial courts are appointed by the President of the Russian Federation on proposal of the Chief Justice of the Supreme Court of the Russian Federation, forwarded to the President of the Russian Federation no later than 30 days from receipt of the proposal to appoint the recommended person for judicial office from the president of the corresponding court.

4. Judges of military courts are appointed by the President of the Russian Federation on proposal of the Chief Justice of the Supreme Court of the Russian Federation, if there is a positive conclusion of the High Qualification Board of Judges of the Russian Federation. The aforementioned proposal is forwarded to the President of the Russian Federation no later than 30 days from receipt of the proposal to appoint the recommended person for judicial office from the president of the corresponding court.

5. Within two months from receipt of the necessary materials, the President of the Russian Federation either appoints the judges of federal courts, proposes the candidates for judicial office in the Supreme Court of the Russian Federation to the Federation Council of the Federal Assembly of the Russian Federation for appointment or rejects the proposed candidacies, in which regard the Chief Justice of the Supreme Court of the Russian Federation is informed.

6. A candidate for judicial office may be appointed only if there is a positive conclusion of the corresponding qualification board of judges.

A judge may be appointed to a position similar to her/his own at another court of the same level by virtue of an application and in the manner stipulated in this Law. In the same manner, a judge of a federal court may be appointed to a position similar to her/his own at a lower court. The requirement stipulated in the first paragraph of this Item does not apply in the abovementioned situations.

7. Abrogated

7.1. If it is discovered that a person appointed (elected) judge was not satisfying the requirements stipulated in Item 1 of Article 4 of this Law at the moment of appointment (election), the corresponding qualification board of judges considers, in the manner stipulated in federal law, the issue of termination of powers of such a judge.

8. No later than six months before a judge of a federal court reaches the age limit for judges and no later than 10 days after a vacant position of a judge opens as a result of a judge’s removal, the corresponding qualification board of judges announces the opening of the vacant position in the mass media, indicating the time and date of submission of applications by candidates for judicial office, as well as the time and date of consideration of those applications.

Article 6.1. Vesting of Presidents and Deputy Presidents of Courts with Judicial Powers and the Termination of Their Powers

1. The President of the Constitutional Court of the Russian Federation and the Deputy President of the Constitutional Court of the Russian Federation are appointed in the manner stipulated in Federal Constitutional Law “On the Constitutional Court of the Russian Federation”.

2. The Chief Justice of the Supreme Court of the Russian Federation is appointed, for a six-year term, by the Federation Council of the Federal Assembly of the Russian Federation on proposal of the President of the Russian Federation, if there is a positive conclusion of the High Qualification Board of Judges of the Russian Federation.

The High Qualification Board of Judges of the Russian Federation presents the aforementioned conclusion to the President of the Russian Federation no later than two months before the expiration of powers of the Chief Justice of the Supreme Court of the Russian Federation and no later than three months from the opening of the vacant position in case of removal of the Chief Justice.

3. The First Deputy Chief Justice of the Supreme Court of the Russian Federation, Deputy Chief Justices of the Supreme Court of the Russian Federation – Chairpersons of the Judicial Chambers of the Supreme Court of the Russian Federation (hereinafter referred to as Deputy Chief Justices of the Russian Federation) are appointed, for six-year terms, by the Federation Council of the Federal Assembly of the Russian Federation on proposal of the President of the Russian Federation, based on proposal of the Chief Justice of the Supreme Court of the Russian Federation, if there is a positive conclusion of the High Qualification Board of Judges of the Russian Federation.

The Chief Justice of the Supreme Court of the Russian Federation forwards the aforementioned proposal to the President of the Russian Federation no later than two months before the expiration of powers of a Deputy Chief Justice of the Supreme Court of the Russian Federation and no later than three months from the opening of a vacant position in case of removal of a Deputy Chief Justice.

4. The President of the Russian Federation forwards the proposal regarding the appointment of the Chief Justice of the Supreme Court of the Russian Federation or of a Deputy Chief Justice of the Supreme Court of the Russian Federation to the Federation Council of the Federal Assembly of the Russian Federation no later than 14 days before the expiration of their powers and no later than six months from the opening of a vacant position in case of removal of the aforementioned persons.

5. The Federation Council of the Federal Assembly of the Russian Federation considers the issue of appointment of the Chief Justice of the Supreme Court of the Russian Federation or of a Deputy Chief Justice of the Supreme Court of the Russian Federation within a term, not exceeding 14 days from receipt of the proposal of the President of the Russian Federation.

6. Presidents, deputy presidents of general jurisdiction courts of cassation, general jurisdiction courts of appeal, of a military court of cassation, appellate military court, of supreme courts of republics, courts of territories, regions, federal cities, of a court of an autonomous region, courts of autonomous circuits, of military courts are appointed for six-year terms by the President of the Russian Federation on proposal of the Chief Justice of the Supreme Court of the Russian Federation, if there is a positive conclusion of the High Qualification Board of Judges of the Russian Federation.

The Chief Justice of the Supreme Court of the Russian Federation forwards the aforementioned proposal to the President of the Russian Federation no later than two months before the expiration of powers of the president or deputy president of the corresponding court and no later than three months from the opening of a vacant position in case of removal of those persons.

7. Presidents, deputy presidents of commercial courts of circuits, appellate commercial courts, commercial courts of constituent entities of the Russian Federation, of specialized commercial courts are appointed for six-year terms by the President of the Russian Federation on proposal of the Chief Justice of the Supreme Court of the Russian Federation, if there is a positive conclusion of the High Qualification Board of Judges of the Russian Federation.

The Chief Justice of the Supreme Court of the Russian Federation forwards the aforementioned proposal to the President of the Russian Federation no later than two months before the expiration of powers of a president or deputy president of the corresponding court and no later than three months from the opening of a vacant position in case of removal of those persons.

8. Presidents, deputy presidents of district courts are appointed for six-year terms by the President of the Russian Federation on proposal of the Chief Justice of the Supreme Court of the Russian Federation, if there is a positive conclusion of the corresponding qualification board of judges of a constituent entity of the Russian Federation.

The Chief Justice of the Supreme Court of the Russian Federation forwards the aforementioned proposal to the President of the Russian Federation no later than two months before the expiration of powers of the president or deputy president of the corresponding court and no later than three months from the opening of a vacant position in case of removal of those persons.

9. In case of rejection of their candidacies, candidates for the positions of presidents and deputy presidents of courts may be proposed for appointment to the same courts no earlier than in a year, in the manner stipulated in this Article.

10. Presidents, deputy presidents of constitutional (charter) courts of constituent entities of the Russian Federation are appointed in the manner stipulated in the laws of the corresponding constituent entities of the Russian Federation.

11. The powers of presidents and deputy presidents of courts are terminated upon the expiration of terms of their appointment.

A president or deputy president of a court may also be removed from that position by a decision of the corresponding qualification board of judges due to the non-performance or undue performance of her/his official duties, stipulated in federal constitutional laws and in this Law.

After the termination of powers of a president or a deputy president, such a person retains the powers of a judge of the court in which he/she served as a president or a deputy president.

The powers of a president or a deputy president of a court are suspended or terminated as a result of suspension or termination of that person’s powers of a judge of the corresponding court.

If a person, who is not a judge of a court, is appointed president or deputy president of that court, and there is no vacant position of a judge in the court, the staff number of judges in the court is increased by virtue of an application of the outgoing president or deputy president of that court.

11.1. The powers of the President of the Constitutional Court of the Russian Federation and of the Deputy President of the Constitutional Court of the Russian Federation, of the Chief Justice of the Supreme Court of the Russian Federation and of Deputy Chief Justices of the Supreme Court of the Russian Federation, of presidents and deputy presidents of general jurisdiction courts of cassation, general jurisdiction courts of appeal, of the military court of cassation, appellate military court, of commercial courts of circuits, appellate commercial courts, of the Intellectual Property Rights Court may also be terminated by the Federation Council of the Federal Assembly of the Russian Federation upon proposal of the President of the Russian Federation, where so stipulated in federal constitutional laws and in this Law. Herewith, the powers of said persons as of judges of the corresponding courts are terminated.

12. No later than six months before the expiration of powers of a president or a deputy president of a court and no later than 10 days from the opening of a vacant position in case of removal of those persons, the corresponding qualification board of judges announces the opening of a vacant position in the mass media, indicating the time and date of submission of applications by candidates for the judicial office, as well as the time and date of consideration of those applications.

13. A president, deputy president of a district court may appeal the decision on her/his removal before the High Qualification Board of Judges of the Russian Federation within 10 days from receipt of a copy of the aforementioned decision. A president, deputy president of another federal court may appeal the decision on her/his removal before the Supreme Court of the Russian Federation within 10 days from receipt of a copy of the aforementioned decision. The decision of the High Qualification Board of Judges of the Russian Federation may be appealed before the Supreme Court of the Russian Federation within the same term.

14. A person may be appointed president (deputy president) of the same court multiple times, but not more than two times in a row, unless otherwise stipulated in the corresponding federal constitutional law.

Article 6.2. Powers of Presidents and Deputy President of Courts

1. A president of a court, apart from exercising the powers of a judge of the corresponding court and the procedural powers, stipulated for presidents of courts in federal constitutional laws and federal laws:

1) organizes the work of the court;

2) stipulates the internal regulations of the court, based on the model regulations adopted by the Council of Judges of the Russian Federation, and monitors compliance therewith;

3) distributes duties among the deputy presidents and, in the manner stipulated in federal law, among judges;

4) organizes the further professional education of judges;

5) performs the general management of the court staff; in particular, appoints and dismisses members of the court staff, distributes duties among them, makes decisions regarding their commendation or disciplinary liability, organizes the further professional education of members of the court staff;

6) informs the judges and members of the court staff about her/his activities and the activities of the court on a regular basis;

7) exercises other powers pertaining to the organization of the work of the court.

1.1. In order to ensure a balanced workload of justices of the peace, a president of a district court, apart from exercising the powers and functions stipulated in Item 1 of this Article, may issue a motivated decree to transfer a share of statements of claims, a share of criminal cases, civil cases and cases regarding administrative offences from one justice of the peace of a judicial sub-district to a justice of the peace of another judicial sub-district of the same district, if the workload of the former justice of the peace is higher than the average workload of justices of the peace within the judicial district.

2. A deputy president of a court, apart from exercising the powers of a judge of the corresponding court and the procedural powers, stipulated for deputy presidents of courts in federal constitutional laws and federal laws, exercises the powers of organizing the work of the court in accordance with the distribution of duties by the court president.

3. In case of absence of a president of a court, the powers of the president are exercised by one of the deputy presidents, on instructions of the president. If the court president does not have any deputies, the president’s powers are exercised by one of the judges of the court, on instructions of the president.

4. In case of suspension or termination of powers of a president of a court, except for the President of the Constitutional Court of the Russian Federation, the powers of the president are exercised by one of the deputy presidents (or, in case of absence of deputy presidents, by one of the judges of the court), according to the decision of the Chief Justice of the Supreme Court of the Russian Federation.

In case of suspension or termination of powers of a deputy president of a court, except for the Deputy President of the Constitutional Court of the Russian Federation, the powers of the deputy president are exercised by another deputy president (or, in case of absence of another deputy president, by one of the judges of the court), on instructions of the president of the court.

Article 7. Abrogated

Article 7.1. Exercise of Judicial Powers

1. If there is a vacant position of a judge in a court, or a temporary significant increase of workload in the court, or if a judge is absent or her/his powers are suspended, a retired judge whose length of tenure is at least 10 years (honoured judge), who is not registered in a narcological or psychoneurologic dispensary due to alcoholism, drug addiction or substance abuse treatment, treatment for persistent or chronic psychiatric disorders, does not have any other illnesses precluding the exercise of judicial powers, may be, with her/his consent, drawn to the administration of justice as a judge (except for the exercise of powers of a judge of the Constitutional Court of the Russian Federation), for a term up to one year.

2. A retired judge of a federal court is drawn to the exercise of powers of a judge of a federal court by the president of a higher court, if there is a positive conclusion of a qualification board of judges, and if the aforementioned judge presents a document certifying that he/she has no illnesses precluding judicial appointment.

3. A retired judge is drawn to the exercise of powers of a justice of the peace by virtue of a decision of a legislative (representative) body of a constituent entity of the Russian Federation on proposal of the president of the corresponding supreme court of a republic, court of a territory, region, federal city, autonomous region, autonomous circuit, if there is a positive conclusion of a qualification board of judges, and the aforementioned retired judge presents a document certifying that he/she has no illnesses precluding judicial appointment.

Article 8. Judicial Oath

1. A judge appointed (elected) for office for the first time takes the following oath in solemn ceremony:

“I solemnly swear to perform my duties honestly and conscientiously, to administer justice obeying only the law, to be objective and fair, as the duty of a judge and my conscience require”.

2. Judges of the Supreme Court of the Russian Federation take their oaths at an assembly of Judges of the Supreme Court of the Russian Federation. Judges of other courts take their oaths at congresses (conferences) or at assemblies of judges.

3. Judges of federal courts take their oaths in front of the State Flag of the Russian Federation.

Judges of constitutional (charter) courts of constituent entities of the Russian Federation, as well as justices of the peace, take their oaths in front of the State Flag of the Russian Federation and the flag of the constituent entity of the Russian Federation.

4. A judge is sworn in within one month from the day of appointment (election) for office.

Article 8.1. Information Regarding the Income and Expense of a Judge, of the Judge’s Spouse and Minor Children, Regarding Property Owned by Them and Their Property Obligations

1. Every year, no later than 30 April of the year following the reporting year, a judge submits to the court, in which he/she occupies the position of a judge, the information regarding her/his income, the property owned by her/him and her/his property obligations, as well as information regarding the income of her/his spouse and their minor children, the property owned by them and their property obligations, using a form adopted by the President of the Russian Federation.

1.1. A judge is obliged to submit the information regarding her/his expense and the expense of her/his spouse and their minor children, where so stipulated and in the manner stipulated in Federal Law No. 230 of 3 December 2012 “On Control of Matching of Income and Expense of Persons Occupying Public Positions and of Other Persons” and, accordingly, by the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation.

2. The court verifies the credibility and fullness of information referred to in Items 1 and 1.1 of this Article in the manner stipulated, accordingly, by the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the normative legal acts of the Russian Federation.

3. Where necessary, the Supreme Court of the Russian Federation may request the corresponding court to provide copies of the aforementioned information submitted by a judge and conduct an additional verification.

3.1. An authorized department of the Presidential Executive Office may, upon decision of the President of the Russian Federation, the Chief of Staff of the Presidential Executive Office or a specially authorized official of the Presidential Executive Office, verify the credibility and fullness of information referred to in Items 1 and 1.1 of this Article in the stipulated manner. The verification stipulated in this Item may be conducted independently from the verification stipulated in Item 2 of this Article.

4. Information referred to in Items 1 and 1.1 of this Article may be provided to all-Russia mass media for publication in the manner stipulated in Annex 5 to this Law.

5. If a judge fails to submit the information referred to in Items 1 and 1.1 of this Article within the stipulated time or knowingly submits false information, disciplinary action may follow.

Article 9. Guarantees of Judicial Independence

1. The independence of a judge is guaranteed by:

– the procedure of administration of justice, stipulated in law; a prohibition for anyone to interfere with the administration of justice, the violation of which is punishable by law;

– the stipulated manner of suspension and termination of judicial powers;

– the judge’s right to retirement;

– the judge’s immunity;

– the system of bodies of the judiciary;

– the material and social support, corresponding to the high status of a judge, provided to the judge at the expense of the state.

2. Judges, their family members and their property are under special protection of the state. Law enforcement agencies are obliged to take necessary action to ensure the security of a judge, of the judge’s family members and their property, if a corresponding application is received from the judge.

A judge has the right to keep and carry service firearms, provided to her/him upon her/his application in the manner stipulated in the Law of the Russian Federation “On Weapons” by territorial bodies of the federal executive body performing the functions of elaboration and realisation of state policy and normative-legal regulation in the sphere of activities of forces of the National Guard of the Russian Federation, weapons turnover, private security and extradepartmental protection.

3. The Judicial Department at the Supreme Court of the Russian Federation and its bodies in the constituent entities of the Russian Federation take measures to create conditions necessary for the judicial activities of courts of general jurisdiction and of commercial courts, provide organisational support, resources and personnel.

4. All judges in the Russian Federation enjoy the guarantees of judicial independence, including the measures of legal protection of judges, the measures of their material and social support stipulated in this Law. These guarantees cannot be cancelled or decreased by other normative acts of the Russian Federation and of constituent entities of the Russian Federation.

Article 10. Prohibition to Interfere with the Activities of a Judge

1. Any interference with the administration of justice by the judge is punishable by law. Non-procedural addresses to a judge regarding a case pending before the judge or to the president, deputy president of a court, a head of a panel of judges or a chairperson of a judicial chamber regarding cases pending before the court are not allowed.

A non-procedural address is an address in written or oral form, made in situations not stipulated in the legislation of the Russian Federation by a state body, local self-government body, another body, organization, official or citizen, who are not participants of the trial, received by a judge and regarding a case pending before that judge or received by a president, deputy president of a court, head of a panel of judges or chairperson of a judicial chamber and regarding cases pending before the court. A non-procedural address is also an address by a trial participant, made in a form not stipulated in the procedural legislation.

Information regarding non-procedural addresses, received by a judge and regarding the cases pending before that judge or received by a president, deputy president of a court, head of a panel of judges or chairperson of a judicial chamber and regarding cases pending before the court, is to be made public and made known to the trial participants through placement of the aforementioned information on the official website of the court.

The manner of placement of information regarding non-procedural addresses on court websites is determined by the Supreme Court of the Russian Federation and the Judicial Department at the Supreme Court of the Russian Federation.

2. A judge is not obliged to give any explanations on the merits of cases considered by or pending before her/him, or to present the cases for anyone to study them, except where so stipulated and in the manner stipulated in procedural law.

Article 11. Term of Office of a Judge

1. The powers of a judge of a federal court are not limited by a certain term.

The age limit for judges is 70 years, unless otherwise stipulated in the corresponding federal constitutional laws. A different age limit may be stipulated for judges of constitutional (charter) courts of constituent entities of the Russian Federation by the laws of the corresponding constituent entities of the Russian Federation.

2. Abrogated

3. A justice of the peace is appointed (elected) for the first time for a term of 3 years.

In case of repeated appointment (election), a justice of the peace is appointed (elected) for the corresponding position without a limited term of office.

The age limit for justices of the peace is 70 years.

4. The terms of office and the age limits for judges of constitutional (charter) courts of constituent entities of the Russian Federation are stipulated in the laws of the corresponding entities of the Russian Federation.

5. A judge is regarded as having entered the judicial office from the moment of giving the oath. If a person who gave the judicial oath earlier enters the judicial office, such a person is regarded as having entered the judicial office from the day of appointment (election) as a judge.

6. The powers of a judge of a federal court are terminated:

– abrogated

– on the last day of the month in which the judge reaches the age limit stipulated in Item 1 of this Article;

– on the day following the entry into force of a decision of the qualification board of judges regarding the removal of the judge;

– on the day when the Federation Council of the Federal Assembly of the Russian Federation adopts a decision to terminate the powers of certain categories of judges upon proposal of the President of the Russian Federation, where Article 14.1 of this Law applies.

A judge of a federal court, whose term of office has expired due to reaching the age limit for judges, continues to exercise judicial powers until the end of the consideration of the case, started with this judge’s participation, on its merits, or until the first appointment of a judge to that court.

If there are several judges in a court, whose powers are terminated due to reaching the age limit for judges, the judge, who acquired the grounds for termination of judicial powers earlier than the others, is the first to stop the exercise of judicial powers.

Article 12. Irremovability of a Judge

A judge is irremovable. A judge cannot be transferred to a different position or to a different court without her/his consent. Judicial powers may only be terminated or suspended on the grounds and in the manner stipulated in this Law.

Article 12.1. Disciplinary Liability of Judges

1. If a judge commits a disciplinary offence, i.e. commits a culpable act (culpably fails to act) in the performance of professional duties or in extraoccupational activities, resulting in violation of provisions of this Law and (or) the provisions of the Code of Judicial Ethics, adopted by the All-Russia Congress of Judges, which leads to the diminishing of authority of the judiciary and harms the reputation of the judge, in particular due to a gross violation of rights of the participants of proceedings, a disciplinary punishment may be imposed upon that judge (except for a judge of the Constitutional Court of the Russian Federation) in the form of:

1) notice;

2) warning;

3) reduction in qualification class;

4) removal.

2. When a disciplinary punishment is imposed, the nature of the disciplinary offence, the circumstances and consequences of the offence, the form of guilt, the personality of the judge and the level of violation of rights and freedoms of citizens, of rights and lawful interests of organizations by the actions (failure to act) of that judge is taken into account.

3. Disciplinary punishment in the form of a notice may be imposed upon a judge due to insignificance of the committed disciplinary offence, if the qualification board of judges concludes that it may confine itself to an oral reprimand of the judge’s actions (failure to act).

4. Disciplinary punishment in the form of a warning may be imposed upon a judge for committing a disciplinary offence, if the qualification board of judges concludes that it is impossible to impose a disciplinary punishment in the form of a notice upon the judge, or if a disciplinary punishment has earlier been imposed upon the judge.

4.1. Disciplinary punishment in the form of reduction in qualification class may be imposed upon a judge for a significant violation of provisions of this Law and (or) of provisions of the Code of Judicial Ethics, if a disciplinary punishment has earlier been imposed upon the judge.

Reduction in qualification class is performed by a qualification board of judges, which adopts a decision to reduce the judge’s qualification class to the qualification class directly preceding the qualification class that the judge has at the moment of adoption of that decision.

5. Disciplinary punishment in the form of removal may be imposed upon a judge in exceptional cases for a significant, culpable violation of provisions of substantive law and (or) procedural legislation, of provisions of this Law and (or) of the Code of Judicial Ethics, incompatible with the distinguished title of a judge.

Disciplinary punishment in the form of removal may be imposed upon a judge for violation of the aforementioned provisions in the administration of justice only when there is a complaint or an address of a participant (participants) of proceedings regarding the violation of her/his (their) rights by illegal actions of the judge, upon whom a disciplinary punishment has earlier been imposed, if the violations committed by the judge have a systematic and (or) gross nature, result in perversion of principles of judicial proceedings, demonstrate that the judge is unable to continue exercising her/his powers, and are established by an effective judicial act of a higher court, a judicial act regarding compensation for violation of the right to trial within a reasonable time, or a judicial act adopted following an application to speed up the consideration of a case.

6. A decision to impose a disciplinary punishment upon a judge cannot be adopted later than six months from the day of discovery of the disciplinary offence, exclusive of the period of the judge’s holiday or temporary inability to work and the time of the service check, and later than two years from the day of the disciplinary offence.

7. The decision to impose a disciplinary punishment upon a judge (except for a judge of the Constitutional Court of the Russian Federation) is adopted by the qualification board of judges, competent to resolve the issue of termination of powers of that judge at the time of adoption of the decision. The aforementioned decision may be appealed before a court in the manner stipulated in federal law. The decision of a qualification board of judges regarding the removal of a judge may be appealed before the Disciplinary Chamber of the Supreme Court of the Russian Federation.

8. If a judge does not commit another disciplinary offence within a year from the imposition of a disciplinary punishment (except for disciplinary punishment in the form of reduction in qualification class), that judge is regarded as never held disciplinarily liable.

A judge, upon whom disciplinary punishment in the form of reduction in qualification class was imposed, is regarded as never held disciplinarily liable if he/she does not commit another disciplinary offence within the term for holding the qualification class conferred as a result of the aforementioned disciplinary punishment, stipulated in Item 4 of Article 20.2 of this Law. After that term expires, repeated qualification attestation of the judge is performed in the manner stipulated in Article 20.2 of this Law.

9. The manner of holding a judge of the Constitutional Court of the Russian Federation disciplinarily liable is stipulated in the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”.

Article 13. Suspension of Judicial Powers and Suspension of a Judge’s Retirement

1. Judicial powers or the retirement of a judge are suspended by a decision of the qualification board of judges on one of the following grounds:

1) the judge is recognized as a missing person by an effective court decision;

2) a criminal case is initiated against the judge, or the judge is named as defendant in another criminal case;

3) the judge participates as a candidate in the elections of the President of the Russian Federation, of Deputies of the State Duma of the Federal Assembly of the Russian Federation, in elections to the legislative (representative) body of a constituent entity of the Russian Federation, to the representative body of a municipal entity, in elections of a head of a municipal entity or of an elected local self-government official;

4) abrogated.

2. The suspension of powers or retirement of a judge does not suspend the payment or decrease the amount of the monthly monetary remuneration paid to the judge (or, if the judge is recognized as a missing person, to the family of the judge), unless pre-trial custody was selected as a measure of judicial restraint for the judge. Unless pre-trial custody was selected as a measure of judicial restraint for the judge, the suspension of the judge’s powers or retirement does not decrease the level of material and social security and does not deprive the judge of the guarantees of immunity stipulated in this Law.

3. The decision to restore the judge’s powers or retirement is adopted by the qualification board of judges that suspended the judge’s powers or retirement.

Article 14. Termination of Judicial Powers

1. Judicial powers are terminated on the following grounds:

1) the judge submits a written application for retirement;

2) the judge cannot exercise judicial powers due to her/his state of health or for other good reasons;

3) the judge submits a written application for the termination of powers due to transfer to a different job or for other reasons;

4) the judge reaches the age limit for judges or the judge’s term of office expires, if such a term was set;

5) abrogated

6) the judge gives up citizenship of the Russian Federation, acquires citizenship (nationality) of a foreign state or receives a residence permit or another document confirming the right of a citizen of the Russian Federation to be permanently resident on the territory of a foreign state;

6.1) the judge, the judge’s spouse and minor children violate the prohibition to open and have accounts (deposits), to keep cash money and valuables in foreign banks located outside the territory of the Russian Federation, to own and (or) use foreign financial instruments;

7) the judge engages in activities incompatible with judicial office;

7.1) the judge is elected President of the Russian Federation, Deputy of the State Duma of the Federal Assembly of the Russian Federation, deputy of a legislative (representative) body of a constituent entity of the Russian Federation, representative body of a municipal entity, head of a municipal entity or an elected local self-government official;

8) a judgment of conviction against the judge or a court decision on compulsory measures of medical nature regarding the judge enters into force;

9) a court decision recognising the judge as legally incapable or legally impaired enters into force;

10) the judge dies, or a court decision pronouncing the judge dead enters into force;

11) the judge refuses to be transferred to another court, where the court is disestablished or reorganized; or the judge becomes a close relative (spouse, parent, child, sibling, grandparent, grandchild, as well as a parent, child or sibling of a spouse) of a president or deputy president of the same court;

12) abrogated

13) the judge commits a disciplinary offence, for which a disciplinary punishment in the form of removal is imposed upon that judge by a qualification board of judges.

2. A judge may be removed on grounds, stipulated in Subitems 1-3, 6-11, 13 of Item 1 of this Article.

3. If a decision on the removal of a judge, adopted by a qualification board of judges, or a judgment of conviction against the judge, or the court decision stipulated in Subitem 8 of Item 1 of this Article is reversed, the judge is to be reinstituted in the former position with payment of the due monthly monetary remuneration.

Article 14.1. Termination of Powers of Certain Categories of Judges by the Federation Council of the Federal Assembly of the Russian Federation

1. Upon proposal of the President of the Russian Federation, the Federation Council of the Federal Assembly of the Russian Federation may terminate the powers of the President of the Constitutional Court of the Russian Federation, Deputy President of the Constitutional Court of the Russian Federation, judges of the Constitutional Court of the Russian Federation, of the Chief Justice of the Supreme Court of the Russian Federation, Deputy Chief Justices of the Supreme Court of the Russian Federation, judges of the Supreme Court of the Russian Federation, of presidents, deputy presidents and judges of general jurisdiction courts of cassation, general jurisdiction courts of appeal, of the military court of cassation, appellate military court, of commercial courts of circuits, appellate commercial courts, of the Intellectual Property Rights Court:

1) if they commit an act discrediting the honour and dignity of the judge;

2) if they do not abide by the requirements, restrictions and prohibitions stipulated in Federal Law No. 273 of 25 December 2008 “On Countering Corruption”;

3) if they give up citizenship of the Russian Federation, acquire citizenship (nationality) of a foreign state or receive a residence permit or another document confirming the right of a citizen of the Russian Federation to be permanently resident on the territory of a foreign state;

4) if they, their spouses and minor children violate the prohibition to open and have accounts (deposits), to keep cash money and valuables in foreign banks located outside the territory of the Russian Federation, to own and (or) use foreign financial instruments;

5) if they engage in activities incompatible with judicial office;

6) in other situations stipulated in federal constitutional laws.

2. The President of the Russian Federation determines the manner in which he/she introduces the proposal on termination of powers of the categories of judges indicated in Item 1 of this Article to the Federation Council of the Federal Assembly of the Russian Federation.

Article 15. Retirement of a Judge

1. In the sense of this Law, retirement means honorary resignation or honorary removal of a judge from judicial office. A person in retirement retains the title of a judge, the guarantees of personal immunity and membership in the judiciary.

2. Every judge is entitled to retirement of her/his free will, irrespective of age. A judge is recognized as retired or removed into retirement, if her/his powers were terminated on grounds stipulated in Subitems 1, 2, 4, 9 and 11 of Item 1 of Article 14 of this Law.

The length of tenure in the regions of the High North and equal areas is included into the judge’s length of tenure at a rate of 150 %.

3. A retired judge or a judge removed into retirement receives a dismissal wage for every full year of tenure, based on the amount of monthly monetary remuneration at the judge’s last position, but no less than six amounts of monthly monetary remuneration at the position that the judge is vacating. A judge, who was previously retired or was previously removed into retirement, receives a dismissal wage based only on the length of tenure from the moment of termination of the last retirement.

3.1. For judges appointed before 1 January 2012, who retire or are removed into retirement, the amount of the dismissal wage stipulated in Item 3 of this Article is calculated with the part of the wage, exceeding the triple average monthly earnings, multiplied by a 1.15 coefficient.

4. After a judge retires or is removed into retirement, that judge receives compensation for procurement of traffic documents for all types of city, suburban and local public transport at the expense of the federal budget, in the manner determined by the Government of the Russian Federation.

5. A retired judge receives pension on a general basis. A retired judge with a length of tenure of at least 20 years receives, at her/his own choice, either a pension on a general basis or a tax exempt monthly lifetime allowance in the amount of 80 % of the monthly monetary remuneration of a judge working in the corresponding position. For a retired judge, whose length of tenure is below 20 years and who has reached the age of 55 (50 for women), the amount of the monthly lifetime allowance is calculated proportionally, based on the number of full years of tenure.

For a retired judge, whose length of tenure exceeds 20 years, the amount of the monthly lifetime allowance is increased by 1 % of said allowance added for every year exceeding the 20-year length of tenure, but no more than up to a total of 85 % of the monthly monetary remuneration of a judge working in the corresponding position.

Retired judges, who become disabled due to a military injury, are entitled to a monthly lifetime allowance and a disability pension.

5.1. If a judge becomes a disabled person during her/his tenure for reasons not pertaining to official activities prior to acquiring the right to monthly lifetime allowance, such a judge receives at her/his choice either the monthly disability allowance or a disability pension on a general basis. The same applies to judges who retire or are removed into retirement due to inability to exercise judicial powers for health reasons.

The monthly disability allowance for the aforementioned judges is calculated based on the number of full years of tenure and established in the following amount:

– for disabled persons of groups I and II – 3 % of the monthly monetary remuneration of a judge occupying the corresponding position for every full year of tenure;

– for disabled persons of group III – 2 % of the monthly monetary remuneration of a judge occupying the corresponding position for every full year of tenure.

The monthly disability allowance is established for the period, during which the corresponding person is recognised as a disabled person in the manner stipulated in the legislation of the Russian Federation, but only until the moment when that person realizes the right to monthly lifetime allowance, acquired by her/him.

6. A judge’s retirement is terminated, if:

1) after the judge retires, offences are discovered, which were committed in the exercise of judicial powers and constitute grounds for the imposition of a disciplinary punishment in the form of removal in accordance with Items 1 and 5 of Article 12.1 of this Law, unless the statute of limitations stipulated in Item 6 of Article 12.1 of this Law has expired;

2) the judge does not abide by the prohibitions and restrictions stipulated in Items 3 and 4 of Article 3 of this Law;

3) the judge commits a significant, culpable violation of the provisions of this Law and (or) of the Code of Judicial Ethics, incompatible with the distinguished title of a judge, discrediting the honour and dignity of the judge and diminishing the authority of the judiciary;

4) the judge engages in activities incompatible with the status of a judge;

5) a judgment of conviction against the judge enters into force;

6) the judge dies, or a court decision pronouncing the judge dead enters into force.

7. Where Article 13 of this Law applies, the decision on termination or suspension of a judge’s retirement is adopted by the corresponding qualification board of judges, competent at the previous workplace or at the permanent place of residence of the retired judge, on its own initiative or on proposal of a body of the judiciary or of the president of the court, competent at the previous workplace of the retired judge. The decision of the qualification board of judges may be appealed by the judge in the manner stipulated in Federal Law No. 30 of 14 March 2002 “On Bodies of the Judiciary in the Russian Federation”.

8. A judge’s retirement is also terminated in case of repeated appointment (election) as judge, except when a retired judge is appointed (elected) judge of a constitutional (charter) court of a constituent entity of the Russian Federation.

9. A judge, whose retirement was terminated, is entitled to pension support in accordance with the legislation of the Russian Federation.

Article 16. Immunity of a Judge

1. A judge is immune. This includes personal immunity, inviolability of housing and office premises, of personal and service transport vehicles used by the judge, of the judge’s documents, luggage and other property, the privacy of letters and of other correspondence (phone calls, postal, telegraph, electronic and other messages received and sent by the judge).

2. A judge (in particular a judge whose powers were terminated) cannot be held in any way liable for the expression of opinion in the administration of justice or for a decision adopted by the court, unless the judge is found guilty of abuse of power or knowing adoption of an unlawful sentence, decision or another judicial act, by virtue of an effective court sentence.

3. The decision to initiate a criminal case against a judge or to name the judge as defendant in another criminal case is adopted:

– regarding a judge of the Constitutional Court of the Russian Federation – by the Chairperson of the Investigative Committee of the Russian Federation with consent of the Constitutional Court of the Russian Federation;

– regarding a judge of a different court (except for a judge of a constitutional (charter) court of a constituent entity of the Russian Federation) and a justice of the peace – by the Chairperson of the Investigative Committee of the Russian Federation with consent of the High Qualification Board of Judges of the Russian Federation;

– regarding a judge of a constitutional (charter) court of a constituent entity of the Russian Federation – by the Chairperson of the Investigative Committee of the Russian Federation with consent of the qualification board of judges of the corresponding constituent entity of the Russian Federation.

The Constitutional Court of the Russian Federation or a qualification board of judges adopts a reasoned decision regarding the consent to the initiation of a criminal case against the judge or to naming of the judge as defendant in another criminal case within 10 days from receipt of address from the Chairperson of the Investigative Committee of the Russian Federation.

It is only possible to change the classification of the crime during the investigation of the criminal case, where this may lead to the deterioration of the judge’s position, in the manner stipulated in this Article for the adoption of a decision to initiate a criminal case against a judge or to name a judge as defendant in another criminal case.

4. A decision regarding the administrative liability of a judge is adopted:

– regarding a judge of the Constitutional Court of the Russian Federation, of the Supreme Court of the Russian Federation, of a general jurisdiction court of cassation, general jurisdiction court of appeal, of the supreme court of a republic, court of a territory, region, federal city, autonomous region, autonomous circuit, of a military court, commercial court – by a judicial chamber composed of three judges of the Supreme Court of the Russian Federation upon address of the Prosecutor General of the Russian Federation;

– regarding a judge of a different court – by a judicial chamber composed of three judges of, respectively, the supreme court of a republic, a court of a territory, region, federal city, autonomous region, autonomous circuit upon address of the Prosecutor General of the Russian Federation.

The decision regarding the administrative liability of a judge is adopted within 10 days from receipt of address from the Prosecutor General of the Russian Federation.

5. If a judge was detained on suspicion of committing a crime or on other grounds or was forcibly delivered to any state body, and the identity of the judge was not known at the moment of detention, the judge must be immediately released after her/his identity is established.

Personal search of a judge is not allowed, except where so stipulated in federal law in order to ensure the security of other people.

6. The decision to select pre-trial custody as a measure of judicial restraint for a judge is adopted:

– regarding a judge of the Constitutional Court of the Russian Federation, of the Supreme Court of the Russian Federation, of a general jurisdiction court of cassation, general jurisdiction court of appeal, of the supreme court of a republic, court of a territory, region, federal city, autonomous region, autonomous circuit, of a military court, commercial court – by a judicial chamber composed of three judges of the Supreme Court of the Russian Federation upon the motion of the Chairperson of the Investigative Committee of the Russian Federation;

– regarding a judge of a different court – by a judicial chamber composed of three judges of, respectively, the supreme court of a republic, court of a territory, region, federal city, autonomous region, autonomous circuit upon the motion of the Chairperson of the Investigative Committee of the Russian Federation.

The taking of a judge into pre-trial custody is performed with consent of, respectively, the Constitutional Court of the Russian Federation or a corresponding qualification board of judges. The corresponding address is forwarded to the Constitutional Court of the Russian Federation or the qualification board of judges by the Chairperson of the Investigative Committee of the Russian Federation.

The Constitutional Court of the Russian Federation or the qualification board of judges adopts a reasoned decision on consent to the selection of pre-trial custody as a measure of judicial restraint for a judge within five days from receipt of address of the Chairperson of the Investigative Committee of the Russian Federation and of the corresponding court decision.

7. Unless a criminal case has been initiated against a judge or a judge has been named as defendant in a criminal case, investigative measures or investigative activities, which may infringe her/his citizen’s rights or immunity, guaranteed by the Constitution of the Russian Federation, federal constitutional laws and federal laws, may be performed in regard of that judge only on the basis of a decision, adopted:

– regarding a judge of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, of a general jurisdiction court of cassation, general jurisdiction court of appeal, of the supreme court of a republic, court of a territory, region, federal city, autonomous region, autonomous circuit, of a military court, commercial court – by a judicial chamber composed of three judges of the Supreme Court of the Russian Federation;

– regarding a judge of a different court – by a judicial chamber composed of three judges of, respectively, the supreme court of a republic, court of a territory, region, federal city, autonomous region, autonomous circuit.

The place of consideration of materials pertaining to the investigative measures or investigative activities regarding the judge, referred to in the third paragraph of this Item, which may infringe her/his constitutional rights or immunity, is determined in accordance with the federal criminal procedure law and the federal law on investigative activities.

After a criminal case is initiated against the judge or the judge is named as defendant in a criminal case, investigative measures and investigative activities regarding the judge (except for the taking of the judge into pre-trial custody) are conducted in the manner stipulated in the federal criminal procedure law and the federal law on investigative activities.

8. If, when resolving the issues of initiating a criminal case against a judge or naming the judge as defendant in a criminal case, of administrative liability of the judge, or of investigative measures or investigative activities regarding the judge, the court or the qualification board of judges discovers that the taking of said measures or activities is caused by the position assumed by that judge in the exercise of judicial powers, the court or the board refuses to give consent to the aforementioned measures or activities.

9. The lists of members of judicial chambers of the Supreme Court of the Russian Federation, of the supreme court of a republic, court of a territory, region, federal city, autonomous region, autonomous circuit, formed in order to adopt conclusions and decisions referred to in Items 4, 6 and 7 of this Article, are annually adopted by the High Qualification Board of Judges of the Russian Federation.

10. Conclusions and decisions referred to in Items 3, 4, 6 and 7 of this Article may be appealed against in the manner stipulated in federal law.

11. Abrogated

12. Abrogated

Article 17. Abrogated

Article 18. Abrogated

Article 19. Material Support of Judges

1. The monthly monetary remuneration of a judge consists of a monthly salary according to the position occupied by the judge (hereinafter referred to as basic salary), the judge’s monthly salary in accordance with the conferred qualification class (hereinafter referred to as qualification class salary), a monthly monetary reward, a monthly additional payment for the length of service, monthly additional payments for the scientific degree of a candidate of science in law, of a doctor of science in law, for the academic title of an assistant professor, professor, for the honorary title “Honoured Lawyer of the Russian Federation” and also, where stipulated in the legislation of the Russian Federation, a monthly additional payment for language skills and the use of foreign languages in the performance of duties.

The amount of the basic salary of the President of the Constitutional Court of the Russian Federation is stipulated by a decree of the President of the Russian Federation.

The amount of the basic salary of a judge of the Constitutional Court of the Russian Federation is established on the basis of percentage of the basic salary of the President of the Constitutional Court of the Russian Federation in accordance with Annex 6 to this Law.

The amount of the basic salary of the Chief Justice of the Supreme Court of the Russian Federation is established at 98 % of the basic salary of the President of the Constitutional Court of the Russian Federation.

The amounts of basic salaries of judges are established on the basis of percentage of the basic salary of the Chief Justice of the Supreme Court of the Russian Federation in accordance with Annex 7 to this Law.

The amounts of basic salaries of judges increase (are adjusted) annually, in accordance with the federal law on the federal budget for the next financial year and the planning period, with regard to the level of inflation (consumer prices). The decision to increase (adjust) the amounts of basic salaries of judges is made by the President of the Russian Federation.

The amounts of qualification class salaries of judges are established on the basis of percentage of the basic salaries of judges:

– ninth qualification class – 30 %;

– eighth qualification class – 40 %;

– seventh qualification class – 50 %;

– sixth qualification class – 60 %;

– fifth qualification class – 75 %;

– fourth qualification class – 90 %;

– third qualification class – 105 %;

– second qualification class – 120 %;

– first qualification class – 135 %;

– the highest qualification class – 150 %.

The amounts of monthly monetary rewards for the President of the Constitutional Court of the Russian Federation and judges of the Constitutional Court of the Russian Federation are established in accordance with Annex 6 to this Law.

The amounts of monthly monetary rewards for judges are established in accordance with Annex 7 to this Law.

Monthly monetary rewards for judges, stipulated in Annexes 6 and 7 to this Law, are calculated based on the basic salaries of judges.

The amounts of monthly additional payments for the length of service are established on the basis of percentage of the basic salaries of judges as follows:

– 2 to 5 years of service – 15 %;

– 5 to 10 years of service – 25 %;

– 10 to 15 years of service – 30 %;

– 15 to 20 years of service – 40 %;

– over 20 years of service – 50 %.

The manner and conditions of calculating the length of service are adopted by virtue of a resolution of the Council of Judges of the Russian Federation.

The following monthly additional payments are established for judges:

– judges with a scientific degree of a candidate of science in law or an academic title of an assistant professor additionally receive 5 % of their basic salary;

– judges with a scientific degree of a doctor of science in law or an academic title of a professor additionally receive 10 % of their basic salary;

– judges with an honorary title “Honoured Lawyer of the Russian Federation” additionally receive 10 % of their basic salary.

Judges of the Constitutional Court of the Russian Federation, who have language skills and use foreign languages in the performance of their duties, additionally receive 20 % of their basic salary.

A judge receives a quarterly monetary reward, which is not a part of the monthly monetary remuneration of a judge.

The quarterly monetary reward is paid in the amount of a monthly monetary reward in the occupied position.

The monthly monetary remuneration of a judge and the quarterly monetary reward of a judge cannot be decreased.

Judges receive other payments in accordance with federal laws and other normative legal acts of the Russian Federation, which are not part of the monthly monetary remuneration of a judge.

Where stipulated in the legislation of the Russian Federation, the monthly monetary remuneration of a judge, the quarterly monetary reward of a judge and other payments stipulated in the corresponding federal laws and other normative legal acts of the Russian Federation are multiplied by a district coefficient, a coefficient for work in desert and arid areas, a coefficient for work in high-mountain areas; a prorated increase may apply for work in the regions of the High North and equal areas, work in the southern districts of Eastern Siberia and the Far East. These increases are determined based on coefficients and prorated increases stipulated in the corresponding normative legal acts of the Russian Federation.

Judges may receive bonuses and material assistance within the limits of a determined payroll fund.

The manner of payment of bonuses and material assistance to judges is stipulated in the acts of the Constitutional Court of the Russian Federation and of the Supreme Court of the Russian Federation, for, respectively, the judges of the Constitutional Court of the Russian Federation and the judges of the Supreme Court of the Russian Federation; and in the acts of the Judicial Department at the Supreme Court of the Russian Federation, adopted with approval of the Council of Judges of the Russian Federation, for the judges of courts of general jurisdiction and of commercial courts.

A judge who has reached the age of 60 (55 for women) and has a length of service in the field of law of more than 25 years, including 10 years of tenure as a judge, is entitled, upon retirement, to a monthly lifetime allowance in full amount. The length of service, taken into account in the calculation of the monthly lifetime allowance, includes the length of tenure and of service in positions referred to in Item 5 of Article 4 of this Law.

Monthly lifetime allowance and monthly disability allowance, adjusted for the district coefficient applied to the monthly monetary remuneration, are granted and paid upon retirement (removal into retirement) to judges, who have worked in the regions of the High North and equal areas for at least, respectively, 15 and 20 calendar years, independent of their place of residence and the time of application for such allowance.

The amount of the monthly lifetime allowance and of the monthly disability allowance for judges is increased (adjusted) in the amount and within the time stipulated for the increase (adjustment) of the basic salaries of judges. The amount of the monthly lifetime allowance and of the monthly disability allowance for judges is also recalculated in case of any increase (adjustment) of any component of the monthly monetary remuneration.

1.1. The payroll fund for payments, exceeding the funding provided for payment of basic salaries, is formed from the funding allocated for payment (during the year) of:

1) qualification class salaries:

– in the Constitutional Court of the Russian Federation – in the amount of 18 basic salaries;

– in the Supreme Court of the Russian Federation – in the amount of 17.6 basic salaries;

– in general jurisdiction courts of cassation, general jurisdiction courts of appeal, in a military court of cassation, appellate military court, in supreme courts of republics, courts of territories, regions, federal cities, a court of an autonomous region, courts of autonomous circuits, circuit (fleet) military courts, commercial courts of circuits, appellate commercial courts, commercial courts of constituent entities of the Russian Federation and in the Intellectual Property Rights Court – in the amount of 13.8 basic salaries;

– in district, city, interdistrict courts and garrison military courts – in the amount of 8.4 basic salaries;

– for justices of the peace – in the amount of 5.4 basic salaries;

2) monthly monetary rewards:

– in the Constitutional Court of the Russian Federation – in the amount of 122.1 basic salaries;

– in the Supreme Court of the Russian Federation – in the amount of 73.2 basic salaries;

– in general jurisdiction courts of cassation, general jurisdiction courts of appeal, in a military court of cassation, appellate military court, in supreme courts of republics, courts of territories, regions, federal cities, a court of an autonomous region, courts of autonomous circuits, circuit (fleet) military courts, commercial courts of circuits, appellate commercial courts, commercial courts of constituent entities of the Russian Federation and in the Intellectual Property Rights Court – in the amount of 26.7 basic salaries;

– in district, city, interdistrict courts and garrison military courts – in the amount of 26.7 basic salaries;

– for justices of the peace – in the amount of 26.4 basic salaries;

3) monthly additional payments for the length of service:

– in the Constitutional Court of the Russian Federation – in the amount of 6 basic salaries;

– in the Supreme Court of the Russian Federation – in the amount of 6 basic salaries;

– in general jurisdiction courts of cassation, general jurisdiction courts of appeal, in a military court of cassation, appellate military court, in supreme courts of republics, courts of territories, regions, federal cities, a court of an autonomous region, courts of autonomous circuits, circuit (fleet) military courts, commercial courts of circuits, appellate commercial courts, commercial courts of constituent entities of the Russian Federation and in the Intellectual Property Rights Court – in the amount of 6 basic salaries;

– in district, city, interdistrict courts and garrison military courts – in the amount of 4.5 basic salaries;

– for justices of the peace – in the amount of 3 basic salaries;

4) additional payments for the scientific degree of a candidate of science in law, of a doctor of science in law, for the academic title of an assistant professor, professor, for the honorary title “Honoured Lawyer of the Russian Federation”, for language skills and the use of foreign languages in the performance of duties:

– in the Constitutional Court of the Russian Federation – in the amount of 4.8 basic salaries;

– in the Supreme Court of the Russian Federation – in the amount of 1.2 basic salaries;

5) quarterly monetary reward:

– in the Constitutional Court of the Russian Federation – in the amount of 40.7 basic salaries;

– in the Supreme Court of the Russian Federation – in the amount of 24.4 basic salaries;

– in general jurisdiction courts of cassation, general jurisdiction courts of appeal, in a military court of cassation, appellate military court, in supreme courts of republics, courts of territories, regions, federal cities, a court of an autonomous region, courts of autonomous circuits, circuit (fleet) military courts, commercial courts of circuits, appellate commercial courts, commercial courts of constituent entities of the Russian Federation and in the Intellectual Property Rights Court – in the amount of 8.9 basic salaries;

– in district, city, interdistrict courts and garrison military courts – in the amount of 8.9 basic salaries;

– for justices of the peace – in the amount of 8.8 basic salaries;

6) other payments stipulated in the corresponding federal laws and other normative legal acts of the Russian Federation:

– in the Constitutional Court of the Russian Federation – in the amount of 9 basic salaries;

– in the Supreme Court of the Russian Federation – in the amount ranging from 6 to 9 basic salaries, depending on the amount of said payments, determined for judges;

– in general jurisdiction courts of cassation, general jurisdiction courts of appeal, in a military court of cassation, appellate military court, in supreme courts of republics, courts of territories, regions, federal cities, a court of an autonomous region, courts of autonomous circuits, circuit (fleet) military courts, commercial courts of circuits, appellate commercial courts, commercial courts of constituent entities of the Russian Federation and in the Intellectual Property Rights Court – in the amount of 3 basic salaries;

– in district, city, interdistrict courts and garrison military courts – in the amount of 1 basic salary;

– for justices of the peace – in the amount of 0.1 of a basic salary.

Within the limits of funding stipulated in the fourth, fifth and sixth paragraphs of this Article, the Supreme Court of the Russian Federation and the Judicial Department at the Supreme Court of the Russian Federation determine the exact amounts of funding to be received by judges, based on the number of judges entitled to said payments in accordance with the legislation of the Russian Federation;

7) district coefficients, coefficients for work in desert and arid areas, coefficients for work in high-mountain areas, prorated increases for work in the regions of the High North and equal areas, work in the southern districts of Eastern Siberia and the Far East, applied to the monthly monetary remuneration of a judge, the quarterly monetary reward of a judge and other payments stipulated in the corresponding federal laws and other normative legal acts of the Russian Federation – in the amounts determined with regard to coefficients and prorated increases stipulated in the corresponding normative legal acts of the Russian Federation.

1.2. The Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Judicial Department at the Supreme Court of the Russian Federation have the right to redistribute the funds of the payroll fund among the payments referred to in Item 1.1 of this Article.

2. Judges are granted annual paid holidays with a duration of 30 working days.

Judges working in the regions of the High North are granted annual paid holidays with a duration of 51 working days; in equal areas, as well as in areas with harsh or adverse climatic conditions, for which salary coefficients are stipulated – with a duration of 45 working days.

Based on the length of service in the field of law, judges receive additional paid holidays:

– 5 to 10 years of service – 5 working days;

– 10 to 15 years of service – 10 working days;

– over 15 years of service – 15 working days.

The time spent by the judge on the way to and from the holiday destination is not included into the time of the holiday. The costs of transportation to and from the holiday destination are reimbursed.

The manner of calculating the length of service for granting of additional annual paid holidays is determined by the Supreme Court of the Russian Federation.

3. A telephone is installed on a priority basis in premises occupied by a judge. Use of the telephone is subject to payment in accordance with the stipulated tariffs.

In the same manner, places are provided for the children of judges in preschool educational organizations, boarding schools, summer recreational institutions.

4. Abrogated

5. A judge and the members of the judge’s family are entitled to receive medical assistance (including pharmaceuticals for medical use) at the expense of the federal budget. These persons are also entitled to health resort treatment, paid for the judge, the judge’s spouse and their minor children at the expense of the federal budget. A judge retains these rights after retirement, removal into retirement or pension retirement. A retired judge or a judge in pension retirement and the members of the judge’s family continue to receive medical assistance at the expense of the federal budget in the same medical organizations in which they were registered.

6. If the judge’s powers are terminated on grounds stipulated in Subitem 10 of Item 1 of Article 14 of this Law, the judge’s family receives a single-payment allowance, based on the judge’s monthly monetary remuneration in the last position, for every full year of service as judge, but no less than 12 monthly monetary remunerations.

In case of disestablishment or reorganization of a court, or if a judge becomes a close relative (spouse, parent, child, sibling, grandparent, grandchild, as well as a parent, child or sibling of a spouse) of a president or deputy president of the same court, the judge, with her/his consent, may be transferred to another court. The judge retains the monthly monetary remuneration during the time necessary to officially perform the transfer. If a judge refuses to be transferred, that judge has the right to retire on a general basis. In this case, the judge receives compensation in the amount of 12 monthly monetary remunerations in the last position occupied.

7. For work-related purposes, judges receive traffic documents for all types of city, suburban and local public transport (except for taxis), procured by the courts from the corresponding transportation organizations in the manner determined by the Government of the Russian Federation.

When going on official business trips, judges enjoy the right to book and receive accommodation in hotels and to procure traffic documents for all types of transport on a priority basis.

8. Judges and members of court staff that have class ranks are provided with service clothing in the manner and according to the norms determined by the Government of the Russian Federation.

Article 19.1. Residential Premises for Judges

1. A judge is provided with residential premises in the manner and on conditions stipulated in this Law and in other normative legal acts of the Russian Federation, at the expense of budgetary allocations of the federal budget, with due regard to the judge’s family members, residing together with the judge. For these purposes, a one-time social payment for acquisition or construction of residential premises (hereinafter – one-time social payment) is provided to the judge.

2. If the grounds and conditions for receiving the one-time social payment stipulated in this Article are fulfilled, residential premises may be provided to the judge for ownership instead of the payment, based on her/his application.

3. A one-time social payment or residential premises for ownership are provided to a judge with a length of tenure of at least 10 calendar years, once during the whole period of tenure.

4. For the purposes of receiving the one-time social payment or residential premises for ownership, a judge is recognised in need of housing, if:

1) he/she is neither a tenant of residential premises under a social rent contract or a contract of rent of residential premises from the social housing fund, nor a family member of a tenant of residential premises under a social rent contract or a contract of rent of residential premises from the social housing fund, nor an owner of residential premises, nor a family member of an owner of residential premises;

2) he/she is a tenant of residential premises under a social rent contract or a contract of rent of residential premises from the social housing fund, or a family member of a tenant of residential premises under a social rent contract or a contract of rent of residential premises from the social housing fund, or an owner of residential premises, or a family member of an owner of residential premises, but the overall floor space of residential premises per family member is less than 15 square meters;

3) he/she resides in premises not meeting the requirements to residential premises, independent of their floor space;

4) he/she is a tenant of residential premises under a social rent contract or a contract of rent of residential premises from the social housing fund, or a family member of a tenant of residential premises under a social rent contract or a contract of rent of residential premises from the social housing fund, or an owner of residential premises, or a family member of an owner of residential premises, but resides in a flat occupied by several families, if there is a person suffering from a severe chronic illness among the family members, making it impossible to reside with that family member in the same flat, and the family members do not own or occupy other residential premises under a social rent contract, contract of rent of residential premises from the social housing fund. The list of corresponding illnesses is stipulated by the federal executive body designated by the Government of the Russian Federation;

5) he/she resides in a communal flat, independent of the occupied floor space of residential premises;

6) he/she resides in a non-isolated walkthrough room or in a single-room flat occupied by two or more families, independent of the occupied floor space of residential premises, in particular if parents and married adult children of the judge residing with her/him are part of such a family;

5. If the judge and (or) her/his family members have several residential premises, owned and (or) occupied under a social rent contract or a contract of rent of residential premises from the social housing fund, the total floor space of all such premises is taken into account in order to determine whether the judge meets the criteria for receiving a one-time social payment or residential premises for ownership.

6. When determining whether the judge meets the criteria for receiving a one-time social payment or residential premises for ownership, assessing deliberate actions that created worse living conditions for the judge and may result in her/him being recognised in need of housing, as well as when calculating the amount of the one-time social payment and determining the overall floor space of residential premises to be provided for ownership, the judge’s family members include the spouse, children and parents residing with the judge. Other relatives and handicapped dependants may be recognised as the judge’s family members, if the judge provided living quarters to them as to family members, and they are maintaining a single household with the judge.

7. When calculating the amount of the one-time social payment and determining the overall floor space of residential premises provided for ownership, the following norms are applied:

1) 33 square meters of overall floor space of residential premises – for one person;

2) 42 square meters of overall floor space of residential premises – for a family of two;

3) 18 square meters of overall floor space of residential premises per family member – for families of three and more.

8. The judge has a right to additional floor space of residential premises of 20 square meters, which is taken into account during calculation of the amount of the one-time social payment and provision of residential premises for ownership. If a judge and (or) her/his family members have a right to additional floor space of residential premises based on other grounds in accordance with the legislation of the Russian Federation, and also if judges are members of one family, the amounts of additional floor space are not cumulated.

9. The amount of the one-time social payment and the overall floor space of residential premises provided for ownership, determined on the basis of Items 7 and 8 of this Article, may be increased above the norms stipulated therein by virtue of a decision of the Chief Justice of the Supreme Court of the Russian Federation for Deputy Chief Justices of the Supreme Court of the Russian Federation and judges of the Supreme Court of the Russian Federation.

10. Taking into account the constructive and technical parameters of multi-flat or residential houses, the overall floor space of the residential premises provided for ownership may exceed the overall space determined on the basis of Items 7 and 8 of this Article with due regard to the right to additional floor space, but no more than by 9 square meters of the overall floor space.

11. Residential premises with floor space greater than those determined on the basis of Items 7 – 10 of this Article may be provided to a judge with her/his consent, on condition that the judge pays for the floor space exceeding the stipulated amount, based on the average price of a square meter of overall floor space of residential premises in the corresponding constituent entity of the Russian Federation, determined by the federal executive body designated by the Government of the Russian Federation. The manner of payment for the floor space exceeding the overall size of the floor space of residential premises determined on the basis of Items 7 – 10 of this Article is stipulated by the Government of the Russian Federation.

12. The one-time single payment is made or residential premises are provided for ownership in the order of precedence, based on the date on which a judge files an application to be registered as one in need of housing.

13. Judges registered as those in need of housing, who have three or more underage children residing with them, or were awarded with the title of Hero of the Russian Federation, or are combat veterans or became disabled during combat, have priority over other judges registered during the same year.

14. The right of judges to prioritized receipt of the one-time social payment or of residential premises for ownership, referred to in Item 13 of this Article, is realized taking into account the date on which they apply to be registered as those in need of housing.

15. A judge who had the intent of receiving a one-time social payment or residential premises for ownership and performed deliberate actions that worsened her/his living conditions, which may result in her/him being recognised in need of housing, may be registered as one in need of housing no earlier than five years from the day on which such actions were performed.

16. Deliberate actions that worsen the judge’s living conditions are actions of the judge or of her/his family members, which in particular include the following:

1) provision of living quarters to other persons (except for the spouse, underage children, handicapped parents and children, who are older than 18, but became disabled before the age of 18);

2) barter (exchange) of residential premises;

3) failure to fulfil a social rent contract or a contract of rent of residential premises from the social housing fund, resulting in eviction from the premises by virtue of a judicial act;

4) allotment of shares in the right of collective ownership of residential premises;

5) alienation of residential premises or of their parts.

17. The manner of calculation of the one-time social payment and of its transfer to judges and persons referred to in Item 18 of this Article is stipulated by the Government of the Russian Federation.

18. If a judge registered as one in need of housing (unexpectedly) dies for reasons pertaining to her/his official activities, the right to receive the one-time social payment or residential premises for ownership is retained by the judge’s family members, if they are recognised in need of housing on the grounds stipulated in this Article, or if such grounds existed at the moment of (the unexpected) death of the judge for reasons pertaining to her/his official activities and remain after the judge’s (unexpected) death. Herewith, the one-time single payment or the residential premises are provided to the aforementioned family members in equal shares. The widow(er) of the judge retains the right to receive the one-time social payment or residential premises for ownership until he/she remarries.

19. Judges, who do not have residential premises at the location of the court, are provided with service residential premises.

20. For the purposes of provision of service residential premises, a judge is recognised as having no residential premises at the location of the court, if:

1) he/she is neither a tenant of residential premises under a social rent contract or a contract of rent of residential premises from the social housing fund, nor a family member of a tenant of residential premises under a social rent contract or a contract of rent of residential premises from the social housing fund, nor an owner of residential premises, nor a family member of an owner of residential premises;

2) he/she is a tenant of residential premises under a social rent contract or a contract of rent of residential premises from the social housing fund, or a family member of a tenant of residential premises under a social rent contract or a contract of rent of residential premises from the social housing fund, or an owner of residential premises, or a family member of an owner of residential premises, but has no opportunity to return to said residential premises on a daily basis, as they are located remotely from the court.

21. For the purposes of provision of service residential premises, the composition of a judge’s family and the floor space norms are determined in accordance with Items 6 and 7 of this Article.

22. The grounds and conditions on which a judge may be provided with additional floor space of service residential premises in accordance with the norms of Item 8 of this Article are stipulated by the Supreme Court of the Russian Federation for judges of the Supreme Court of the Russian Federation and by the Judicial Department at the Supreme Court of the Russian Federation with approval of the Council of Judges of the Russian Federation for judges of courts of general jurisdiction and of commercial courts.

23. If it is not possible to provide a judge with service residential premises in accordance with the stipulated norms, the judge may be provided with smaller service residential premises, upon her/his consent.

24. If it is impossible to provide a judge, recognised as having no residential premises at the location of the court, with service residential premises, this judge receives monthly monetary compensation for lease (sublease) of residential premises. The payments are made in the manner and amount stipulated by the Government of the Russian Federation.

25. Persons referred to in Item 18 of this Article, who reside in service residential premises, retain the right to reside in those premises until they receive the one-time social payment or residential premises for ownership.

26. Persons residing in service residential premises, who receive the one-time social payment or residential premises for ownership in accordance with this Article, retain the right to reside in the service residential premises for three months from the date of receipt of the payment or of residential premises.

27. The manner in which judges are recognised in need of housing, so that a one-time social payment or residential premises for ownership may be provided to them; the manner in which judges are recognised as having no residential premises at the location of the court, so that service residential premises may be provided to them; the manner in which judges are registered as those in need of housing, so that a one-time social payment or residential premises for ownership may be provided to them; the manner in which judges are registered as having no residential premises at the location of the court, so that service residential premises may be provided to them; the manner in which such registration is performed and in which decisions are made to provide judges with one-time social payments, residential premises for ownership or service residential premises are adopted by the Supreme Court of the Russian Federation in regard of the judges of the Supreme Court of the Russian Federation and by the Judicial Department at the Supreme Court of the Russian Federation with approval of the Council of Judges of the Russian Federation in regard of judges of courts of general jurisdiction and of commercial courts.

Article 20. Social Security Measures for Judges and Their Family Members

1. Life, health and property of a judge are subject to compulsory state insurance at the expense of the federal budget. The life and health of a judge are insured for the sum of 180 monthly monetary remunerations of the judge.

2. State insurance bodies pay the insured sums:

– in case of (unexpected) death of a judge during the working period or upon vacation of the position, if death was the result of bodily harm or other injury to health – to the heirs of the judge in the amount of 180 monthly monetary remunerations of the judge;

– in case of permanent injury or other injury to health, precluding the judge from further engagement in professional activities – in the amount of 36 monthly monetary remunerations of the judge;

– in case of bodily harm or other injury to health, not rendering the judge permanently unable to work, but precluding the judge from further engagement in professional activities – in the amount of 12 monthly monetary remunerations of the judge.

3. If a judge suffers a permanent injury or other injury to health, precluding her/him from further engagement in professional activities, that judge receives a monthly compensation in the amount of a monthly monetary remuneration.

Herewith, the disability pension that the judge receives due to the permanent injury, as well as other types of pensions that the judge received before or begins to receive after the injury are not included into the amount of the compensation. This also applies to income received by the affected judge after the injury and to payments that the judge is entitled to in accordance with the compulsory state insurance rules.

4. In case of (unexpected) death of a judge in connection with the performance of professional duties, the handicapped members of the judge’s family, who were dependent on the judge, receive a monthly compensation in the amount of a monthly monetary remuneration of the judge, decreased by the judge’s share. Compulsory state insurance payments, survivors’ pensions, as well as other pensions, earnings, scholarships and other income are not included into the aforementioned compensation.

The aforementioned manner of payment is also applied in case of (unexpected) death of a retired judge in connection with the performance of professional duties. In this case, the dependent family members of the judge receive a monthly compensation based on the amount of the lifetime allowance of the judge.

4.1. In case of (unexpected) death of a (retired) judge, not resulting from the performance of professional duties, the handicapped members of the judge’s family, who were dependent on the judge, receive a monthly compensation, which does not include the compulsory state insurance payments, earnings, scholarships and other income:

– if there is only one dependant – in the amount of 40 % of the monthly lifetime allowance of the retired judge or of 40 % of the monthly lifetime allowance of the judge, calculated, due to the (unexpected) death of the working judge, based on the number of full years of tenure, independent of the age of the judge on the day of (unexpected) death;

– if there are two or more dependants – in the amount of the monthly lifetime allowance of the retired judge or of the monthly lifetime allowance of the judge, calculated, due to the (unexpected) death of the working judge, based on the number of full years of tenure, independent of the age of the judge on the day of (unexpected) death, decreased by the judge’s share. The aforementioned amount of compensation is distributed among the dependant family members in equal shares.

4.2. The following family members of a (retired) judge are regarded as handicapped and dependant on the judge:

– children, including adopted children, under the age of 18 or undergoing a full-time course of study at educational organizations of all types, independent of their legal form, including foreign educational organizations located outside the territory of the Russian Federation, excluding educational institutions of further education. The child is regarded as dependant until the end of the course of studies, but not after he/she reaches the age of 23;

– siblings and grandchildren under the age of 18, as well as siblings and grandchildren undergoing a full-time course of study at educational organizations of all types, independent of their legal form, including foreign educational organizations located outside the territory of the Russian Federation, excluding educational institutions of further education. The aforementioned persons are regarded as dependants until the end of the course of studies, but not after they reach the age of 23;

– spouse of the judge, if at the time of (unexpected) death of the (retired) judge the spouse has reached the age of 60 (55 for women) or was a disabled person;

– parents of the judge, if at the time of (unexpected) death of the (retired) judge they have reached the age of 60 (55 for women) or were disabled persons;

– grandparents of the judge, if by the time of (unexpected) death of the (retired) judge they have reached the age of 60 (55 for women) years or were disabled persons;

– family members of the (retired) judge, recognized as dependants by a court decision by the time of (unexpected) death of the judge;

– dependants of the deceased (retired) judge, who have reached the age of 18, but became disabled before reaching the age of 18.

Monthly compensation received by the widow(er) of the (retired) judge due to the (unexpected) death of the judge is paid out until he/she remarries.

4.3. In case of (unexpected) death of a (retired) judge, not resulting from the performance of professional duties, the handicapped members of the judge’s family, who are dependent on the judge, receive, based on their own choice, either the survivors’ pension or the aforementioned share of the monthly lifetime allowance of the judge.

4.4. The issue of causal connection between the (unexpected) death of a (retired) judge and the performance of professional duties is resolved by the corresponding qualification board of judges upon application of the interested persons.

The decision of the qualification board of judges on the aforementioned issue may be appealed in court.

5. Damages, resulting from destruction or damage of property belonging to a judge or the family members of the judge, are fully reimbursed to the judge or the family members of the judge.

6. Compensations referred to in Items 3, 4, 4.1 and 5 of this Article are paid at the expense of the federal budget.

7. Rules stipulated in Items 2, 3, 4 and 5 of this Article do not apply, if it is established in the manner stipulated in law that the harm caused to the judge and the family members of the judge was not caused in connection with the professional activities of the judge.

Article 20.1. Further Professional Education of Judges

1. A judge appointed for the first time undergoes a professional retraining program.

A judge of a federal court, appointed judge for the first time, undergoes a professional retraining program in higher education institutions and further professional education institutions that provide further professional education for judges. This includes probation in a court with preservation of the monthly monetary remuneration and of other payments stipulated in the corresponding federal laws and other normative legal acts of the Russian Federation.

The manner and terms of professional retraining of a judge, as well as the grounds for exempting a judge from professional retraining are stipulated by the Supreme Court of the Russian Federation.

The overall duration of professional retraining of a judge cannot exceed six months.

The period of professional retraining of a judge is included into the length of tenure.

Based on the results of professional retraining, a qualification class is conferred upon a judge of a federal court, appointed judge for the first time.

2. Judges are obliged to engage in further education.

Further education of judges of federal courts takes place as deemed necessary, but at least once in three years with preservation of the monthly monetary remuneration, quarterly monetary reward and of other payments, stipulated in federal laws and other normative legal acts of the Russian Federation, during the term of education. Further education of judges takes place in higher education institutions and further professional education institutions that provide further professional education for judges and also in the form of probation in a court. The manner, terms and other forms of further education are stipulated by the Supreme Court of the Russian Federation.

3. The manner, terms and forms of further professional education of justices of the peace and of judges of constitutional (charter) courts of constituent entities of the Russian Federation are stipulated in the laws of the constituent entities of the Russian Federation.

4. Further professional education of judges is performed for judges of federal courts at the expense of budgetary allocations of the federal budget, and for justices of the peace and judges of constitutional (charter) courts of the constituent entities of the Russian Federation – at the expense of budgetary allocations of the budget of the corresponding constituent entity of the Russian Federation.

Article 20.2. Qualification Attestation of Judges

1. The qualification attestation of a judge is the evaluation of the judge’s professional knowledge, the skill of application of that knowledge in the administration of justice, of results of her/his judicial activity, professional aptitude, moral qualities and compliance with the requirements stipulated in this Law and in the Code of Judicial Ethics.

2. Based on the results of qualification attestation, one of the qualification classes (the highest, first, second, third, fourth, fifth, sixth, seventh, eighth and ninth) is conferred upon a judge.

3. Qualification classes are conferred as follows:

1) the highest and the first qualification classes are conferred upon the Chief Justice of the Supreme Court of the Russian Federation, her/his deputies and upon the judges of the Supreme Court of the Russian Federation;

2) the first, second, third, fourth and fifth qualification classes are conferred upon presidents, deputy presidents and judges of general jurisdiction courts of cassation, general jurisdiction courts of appeal, of the military court of cassation, appellate military court, of the supreme courts of republics, courts of territories, regions, federal cities, of a court of an autonomous region, courts of autonomous circuits, circuit (fleet) military courts, of commercial courts of circuits, appellate commercial courts, commercial courts of constituent entities of the Russian Federation and of the Intellectual Property Rights Court;

3) the fifth, sixth and seventh qualification classes are conferred upon presidents, deputy presidents and judges of district, city, interdistrict courts and garrison military courts;

4) the seventh, eighth and ninth qualification classes are conferred upon justices of the peace.

4. Judges hold their qualification classes for the following terms:

1) judges of seventh to ninth qualification classes – for two years;

2) judges of fifth and sixth qualification classes – for three years;

3) judges of first to fourth qualification classes – four years.

5. The highest qualification class is held indefinitely.

Judges of the first, fifth and seventh qualification classes hold them indefinitely, if said classes are the top possible in the positions occupied by those judges.

6. Qualification classes are conferred upon a judge with regard to the numerical sequence of conferment and the terms stipulated for holding the qualification class corresponding to the judge’s position.

On proposal of the Chief Justice of the Supreme Court of the Russian Federation, the High Qualification Board of Judges of the Russian Federation may confer a higher class on a judge who made an exceptional contribution to the administration of justice, performed special services to the judicial system, disregarding the sequence of conferment and terms stipulated for holding the conferred qualification class.

7. A judge of a certain qualification class undergoes qualification attestation after the term for holding the corresponding qualification class expires.

Judges of the first, fifth or seventh qualification classes, if these classes are the top possible in the positions they occupy, undergo qualification attestation once in three years.

Judges of the highest qualification class do not undergo qualification attestation.

A newly appointed judge or a judge appointed to a position in a court of a different level, in which that judge may receive a higher qualification class, can undergo qualification attestation no earlier than 9 months, but no later than a year since the day of appointment to the corresponding position.

A judge has no right to refuse to undergo qualification attestation.

8. Retired judges, including judges drawn to the administration of justice in the manner stipulated in this Law, are exempt from qualification attestation.

9. Qualification attestation is conducted by the corresponding qualification boards of judges. The manner of conducting a qualification attestation is determined by the High Qualification Board of Judges of the Russian Federation.

10. The president of the corresponding court is obliged to forward a proposal regarding the qualification attestation of a newly appointed judge or of a judge appointed to a position in a court of a different level, in which that judge may receive a higher qualification class, after eight months of work of said judge and no later than two months before the expiration of the term for holding a certain qualification class.

The proposal regarding the qualification attestation of a judge of the first, fifth or seventh qualification class, if that is the top possible class in the position occupied by that judge, is forwarded to the qualification board of judges no later than one month before the expiration of the three-year period since the last attestation.

11. The proposal referred to in Item 10 of this Article is accompanied by the following documents:

1) a document containing the personal details and information regarding the professional experience of the judge undergoing qualification attestation;

2) a reference letter, containing the evaluation of professional activities, professional aptitude and moral qualities of the judge undergoing qualification attestation;

3) a document regarding the number of cases considered from the day of last attestation or, for a newly appointed judge or a judge appointed to a position in a court of a different level, in which that judge may receive a higher qualification class, – from the day of appointment;

4) a document regarding the number of cases considered in violation of procedural terms, the number of revoked or amended judicial acts and regarding the grounds for said violations, revocations or amendments.

12. A judge may on her/his own initiative apply to the corresponding board of judges for qualification attestation within the terms stipulated in Item 10 of this Article.

13. Based on the results of qualification attestation, the corresponding qualification board of judges adopts one of the following decisions:

1) to confer a consecutive (or an out-of-order) qualification class upon the judge;

2) to preserve the same qualification class for the judge.

14. If a judge preserves the earlier received qualification class (except when that class is the top possible in the position occupied by the judge), a repeated qualification attestation may be conducted on proposal of the president of the corresponding court or upon application of the judge no earlier than after one year and no later than after three years from the adoption of the decision by the corresponding qualification board of judges.

14.1. If disciplinary punishment in the form of reduction in qualification class is imposed upon a judge in accordance with Subitem 3 of Item 1 of Article 12.1 of this Law, repeated qualification attestation of the judge is performed in the manner stipulated in this Law after the term for holding the qualification class conferred as a result of the aforementioned disciplinary punishment expires, calculated from the day of adoption of the decision to reduce the judge in qualification class.

15. When judicial powers are terminated on grounds stipulated in Article 12.1, Subitems 7 and 8 of Item 1 of Article 14 of this Law, the corresponding qualification board of judges adopts the decision to strip the judge of her/his qualification class.

When the powers of a judge are terminated on grounds stipulated in Subitem 6 of Item 1 of Article 14 of this Law, the judge loses the qualification class.

Article 21. Symbols of Judicial Power

1. The State Flag of the Russian Federation is placed on court buildings; the State Flag of the Russian Federation and an image of the State Coat of Arms are placed inside courtrooms.

2. Judges wear gowns during the administration of justice.

3. Identity documents of judges of federal courts are signed by the President of the Russian Federation and issued in the manner stipulated by the President of the Russian Federation.

Identity documents of judges of constitutional (charter) courts of constituent entities of the Russian Federation are signed and issued in the manner stipulated in the laws of constituent entities of the Russian Federation.

Identity documents of retired judges of federal courts are signed and issued by the presidents of courts in which those judges worked immediately prior to retirement. Identity documents of retired judges of constitutional (charter) courts of constituent entities of the Russian Federation, of retired justices of the peace are signed and issued in the manner stipulated in the laws of constituent entities of the Russian Federation.

Article 22. Application of Labour Legislation of the Russian Federation to Judges

Labour legislation of the Russian Federation applies to judges to the extent not regulated in this Law.

President of the Russian Federation

B. Yeltsin

Moscow, House of the Soviets of Russia

26 June 1992

Law No. 3132-1