RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of February 13, 2018 No. 5

About application of some provisions of the Federal Law "About Jury Members of Federal Courts of the General Jurisdiction in the Russian Federation" by courts

For the purpose of ensuring the correct and uniform application by courts of the regulations regulating procedure for forming of candidate lists in jury members, and permissions of the questions arising at courts in connection with the changes made to the Federal Law of August 20, 2004 No. 113-FZ "About jury members of federal courts of the general jurisdiction in the Russian Federation", the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make to courts the following explanations:

1. Draw the attention of courts that parts 1 and 2 of Article 4, parts 6 and 7 of Article 5 and article 9.1 of the Federal Law of August 20, 2004 No. 113-FZ "About jury members of federal courts of the general jurisdiction in the Russian Federation" (in edition of the Federal Laws of June 23, 2016 No. 209-FZ, of July 3, 2016 and of July 1, 2017 No. 148-FZ) (further - the Federal Law on jury members) is established No. 305-FZ new procedure for forming of candidate lists in jury members according to which each four years executive bodies of municipalities constitute lists and reserve candidate lists in jury members of municipalities and send them to district courts, and also to the supreme executive body of the government of the subject of the Russian Federation, which based on the specified lists constitutes general and reserve candidate lists in jury members of the subject of the Russian Federation, lists and reserve candidate lists in jury members of the districts formed according to part 3 of article 5 of the Federal Law on jury members, general and reserve candidate lists in jury members for the relevant district (naval) military court and garrison public courts, subordinate in relation to it. In the federal cities candidate lists in jury members are constituted taking into account features, stipulated in Clause 5.1 called the Federal Law.

2. According to requirements of part 1 of article 8 of the Federal Law on jury members lists and reserve candidate lists in jury members of municipalities shall be constituted and sent to district courts no later than May 1, 2018. In the same time by the supreme executive body of the government of the subject of the Russian Federation based on the specified lists lists and reserve candidate lists in jury members of districts, general and reserve candidate lists in jury members of the subject of the Russian Federation, general and reserve candidate lists in jury members for district (naval) military court and garrison public courts, subordinate in relation to it, shall be constituted and sent to the relevant courts.

The citizens included in general and reserve candidate lists in jury members of the subject of the Russian Federation general and reserve candidate lists in the jury members for district (naval) military court constituted according to the Federal Law "About Jury Members of Federal Courts of the General Jurisdiction in the Russian Federation" in edition of the Federal Law of December 29, 2010 No. 433-FZ keep the powers till June 1, 2018, and in case of their participation as jury members in consideration of the republic by the Supreme Court, regional, regional court, court of the federal city, the autonomous region, the autonomous area, district (naval) military court of criminal cases which cannot be finished before the expiration of this term, - before the end of consideration of such cases (part 2 of article 13 of the Federal Law on jury members).

3. Proceeding from provisions of parts 1 and 2 of Article 5 and parts 1 and 2 of article 9.1 of the Federal Law on jury members chairmen of the Supreme Courts of the republics, regional, regional courts, courts of the federal cities, the autonomous region, autonomous areas shall further not later than three months before the expiration of powers of the candidates for jury members who are earlier included in candidate lists in jury members bring in the supreme executive body of the government of appropriate subject of the Russian Federation ideas of the number of candidates for jury members necessary for work as Supreme Court of the republic, regional, regional court, court of the federal city, autonomous region, autonomous area, and for all district courts operating in the territory of the subject of the Russian Federation, and chairmen of district (naval) public courts - about number of candidates for jury members, necessary for work of the relevant courts and garrison public courts, subordinate in relation to them.

4. If population of municipalities to which territory jurisdiction of district court extends is insufficient for forming of candidate lists in jury members, the chairman of the Supreme Court of the republic, regional, regional court, court of the federal city, autonomous region, the autonomous area according to part 3 of article 5 of the Federal Law on jury members directs to the supreme executive body of the subject of the Russian Federation idea of formation of the district from several municipalities which territories can not have general borders.

5. Courts should mean that according to parts 6 and 7 of article 5 of the Federal Law on jury members amended lists and reserve candidate lists in jury members of municipalities are signed by heads of municipalities, are fastened with seals and go directly to district courts which jurisdiction extends to the territories of the respective municipalities. Approval of lists and reserve candidate lists in jury members of municipalities by the supreme executive body of the subject of the Russian Federation is not required.

6. Taking into account provisions of part 1 of article 4 of the Federal Law on jury members the executive body of the municipality in the territory of which several district courts are effective constitutes lists and reserve candidate lists in jury members of the municipality for each district court separately. Each of the specified lists joins only the citizens who are constantly living on that part of the territory of the municipality to which jurisdiction of the relevant district court extends.

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