FEDERAL LAW OF THE RUSSIAN FEDERATION

of April 3, 2023 No. 92-FZ

About procedure for candidate screen in initial structures of the federal courts created in the territory of the Kherson region

Accepted by the State Duma on March 15, 2023

Approved by the Federation Council on March 29, 2023

Article 1. General provisions

1. Initial structures of federal courts of the general jurisdiction and the Arbitration Court created in the territory of the Kherson region (further - federal courts), are created according to the procedure, No. 1-FKZ established by the Federal constitutional Law of December 31, 1996 "About judicial system of the Russian Federation", by the Law of the Russian Federation of June 26, 1992 No. 3132-I "About the status of judges in the Russian Federation" and the Federal Law of March 14, 2002 No. 30-FZ "About bodies of judicial community in the Russian Federation", taking into account provisions of the Federal constitutional Law of October 4, 2022 No. 8-FKZ "About acceptance to the Russian Federation of the Kherson region and education as a part of the Russian Federation of the new subject - the Kherson region" and this Federal Law.

2. Candidate screen in initial structures of federal courts is performed on competitive basis by the Highest qualification board of judges of the Russian Federation.

Article 2. Powers of the Highest qualification board of judges of the Russian Federation

1. The highest qualification board of judges of the Russian Federation:

Declares 1) in "The Russian newspaper" opening of vacant positions of chairmen, deputy chairmen, judges of federal courts (further - vacant positions), and also about time and the place of acceptance and consideration of the applications of persons about their recommendation for vacancies;

2) considers applications of persons applying for vacancies (further - applicants), and also will organize check of reliability of the documents and data submitted by applicants;

3) by results of consideration of the applications of applicants, to results of check of reliability of the documents and data submitted by them and taking into account results of qualification examination makes decisions on the recommendation of applicants candidates for vacant positions (except for decisions on judges from whom statements for appointment to the positions similar occupied by them arrived, in other courts of the same level or in the subordinate courts created in the territory of the Kherson region) or on refusal by it in such recommendation;

4) represents decisions on the recommendation of applicants candidates for vacant positions to the Chairman of the Supreme Court of the Russian Federation who in case of consent with the specified decisions brings to the President of the Russian Federation ideas of appointment of recommended persons for vacancies;

5) directs the applications for appointment to the positions similar which arrived from judges occupied by them, to other courts of the same level or to the subordinate courts created in the territory of the Kherson region, to the Chairman of the Supreme Court of the Russian Federation who in case of consent to such appointment brings to the President of the Russian Federation ideas of appointment of recommended persons for vacancies.

2. The highest qualification board of judges of the Russian Federation has the right to review earlier made decision on the recommendation of the applicant the candidate for vacant position on newly discovered facts. Circumstances which existed at the time of acceptance of judges of the Russian Federation of the relevant decision by the Highest qualification board are considered opened again, but were not and could not be known to it.

Article 3. Procedure for candidate screen and investment with their powers of judges of federal courts

1. The judges and citizens of the Russian Federation who are not judges are allowed to participation in tender for vacancies. At the same time applicants shall meet the requirements imposed to candidates for judgeship provided by the Law of the Russian Federation of June 26, 1992 No. 3132-I "About the status of judges in the Russian Federation" taking into account provisions of this Federal Law.

2. Candidates for vacant positions are selected from number:

1) judges;

2) the citizens of the Russian Federation replacing positions of judges of the courts operating in the territory of the Kherson region on the date of acceptance to the Russian Federation of the Kherson region and education as a part of the Russian Federation of the new subject;

3) the citizens of the Russian Federation who are not judges, passed qualification examination for judgeship, except as specified, stipulated in Item 3 parts 3 of this Article.

3. On judgeship of federal court are exempted from passing qualification examination:

1) judges;

2) the citizens of the Russian Federation replacing positions of judges of the courts operating in the territory of the Kherson region on the date of acceptance to the Russian Federation of the Kherson region and education as a part of the Russian Federation of the new subject;

3) the citizens of the Russian Federation who are not judges, having academic degree of Candidate of Law Sciences or academic degree of the doctor of jurisprudence and honorary title "The honored lawyer of the Russian Federation".

4. The judges and citizens of the Russian Federation who are not judges and also the citizens of the Russian Federation replacing positions of judges of the courts operating in the territory of the Kherson region on the date of acceptance to the Russian Federation of the Kherson region and education as a part of the Russian Federation of the new subject having the right to address to the Highest qualification board of judges of the Russian Federation with the statement. The position for which the applicant asks it to recommend is specified in the statement.

5. Acceptance of qualification examination on judgeship of federal court at the citizens of the Russian Federation who are not judges, except as specified, stipulated in Item 3 parts 3 of this Article, is performed by the Highest examination committee on acceptance of qualification examination on judgeship according to the procedure, the stipulated in Article 26.3 Federal Laws of March 14, 2002 No. 30-FZ "About bodies of judicial community in the Russian Federation".

6. The citizens of the Russian Federation replacing positions of judges of the courts operating in the territory of the Kherson region on the date of acceptance to the Russian Federation of the Kherson region and education as a part of the Russian Federation of the new subject have the privilege to replacement of judgeship of federal court on condition of their compliance to requirements imposed to the candidates for judgeship provided by the Law of the Russian Federation of June 26, 1992 No. 3132-I "About the status of judges in the Russian Federation".

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