of February 10, 1995 No. 1-P
About procedure for election of the Chairman, vice-chairman and judge-secretary of the Constitutional Court of the Russian Federation
Constitutional court of the Russian Federation in plenary meeting as a part of judges E. M. Ametistov, M. V. Baglaya, N. T. Vedernikov, N. V. Vitruk, G. A. Gadzhiyev, V. D. Zorkin, A. L. Kononov, T. G. Morshchakova, V. I. Oleynik, N. V. Seleznyov, V. G. Strekozov, Yu. D. Rudkin, O. I. Tiunov, V. A. Tumanov, O. S. Hokhryakova, B. S. Ebzeev, V. G. Yaroslavtsev based on Article 3, of Item of 1 part three of Article 21, of Item 3 of the Section of the fifth and according to article 23 of the Federal constitutional Law "About the Constitutional Court of the Russian Federation", having considered question of procedure for election of the Chairman, the vice-chairman and the judge-secretary of the Constitutional Court of the Russian Federation, decided:
accept the following procedure for election of the Chairman, vice-chairman and judge-secretary of the Constitutional Court of the Russian Federation.
1. Elections to positions of the Chairman, vice-chairman and judge-secretary of the Constitutional Court of the Russian Federation are carried out consistently in the closed plenary session of Court. Chairmanship at meeting until election of the Chairman of justices or approach of case, stipulated in Item 10, is entrusted to the oldest present judge of the Constitutional Court on age.
2. The court approves by open voting form of voting bulletins at elections of the Chairman, vice-chairman and judge-secretary of the Constitutional Court of the Russian Federation, and also form of protocols of vote.
3. Before election to positions according to the Chairman, the vice-chairman and the judge-secretary of the Constitutional Court of the Russian Federation rating vote for determination of candidates for the corresponding position is taken.
4. All judges, to position of the deputy to Predsedatelyavsa of the judge, except the Chairman of justices, to position of the judge-secretary - all judges, except the Chairman of justices and the vice-chairman are entered in the list for rating vote by determination of candidates for position of the Chairman of the Constitutional Court of the Russian Federation.
Surnames, names and middle names of judges are located in the bulletin in alphabetical order of surnames and are consistently numbered.
5. Bulletins at elections to each position are produced in number of 19 copies. The chairman issues to each judge the bulletin on the back of which in the presence of judges sets seal of the Constitutional Court and the signature. The remained bulletins are settled.
6. Filling in the bulletin for rating vote, the judge leads round sequence numbers of surnames of those judges who, in his opinion, shall stand to the corresponding position. The number of such judges is not limited.
7. Upon termination of giving of voices the chairman in the presence of judges opens the ballot box and checks validity of bulletins. The bulletins which do not have seal of the Constitutional Court and the signature of the chairman are invalid. Then the total quantity of the valid bulletins which were in the ballot box is established and the poll, received by each judge is counted. The chairman is helped by the youngest on age the present judge, and both of them constitute and sign the protocol of vote.
8. Three judges who received the greatest polls are considered as candidates for the corresponding position. If the greatest poll is received more than three judges, all such judges are considered as candidates for the corresponding position. If the greatest poll is received by two judges, and the poll following it two or more judges, all these judges are considered as candidates for the corresponding position. If the greatest and the poll following it is received in each case by one judge, and the third largest poll - two or more judges, all these judges are considered as candidates for the corresponding position.
9. Candidates have the right to declare rejection. In this case, if the number of the remained candidates appeared less than three, judges for whom the poll following in size was given become candidates.
10. The candidate list affirms the Constitutional Court open voting and is drawn up by the protocol which is signed by the chairman and if it is included in number of candidates, then the judge following on age who is not among candidates to whom passes further chairmanship at meeting until election of the Chairman of justices. The form of the protocol provides specifying of poll, received during the rating vote by each judge.
11. Further the Court lot forms counting board of three judges who are not candidates for position.
12. Surnames, names and middle names of candidates are located in voting bulletin in alphabetical order of surnames. Vote is taken according to provisions of Items 5 and 7, with the fact that instead of the chairman the corresponding actions are performed by the chairman of counting board.
13. Filling in the bulletin, the judge keeps surname of the candidate for whom votes in the candidate list, and eliminates surnames of other candidates. Bulletins in which are left not eliminated surnames of two or more candidates are invalid.
14. After check of validity of bulletins and counting of votes the counting board constitutes the protocol of vote which is signed by its chairman and members and is announced in the plenary session of Court. The protocol contains the following data:
- specifying of position for which substitution elections are held;
- date, time and venue of vote;
- surnames, names and middle names of judges brought in bulletins;
- the number of the made bulletins;
- the number of the distributed bulletins;
- the number of the extinguished bulletins;
- the number of the bulletins found in the ballot box;
- number of invalid bulletins;
- the poll of pros and cons received by each standing judge;
- result of vote;
- the declared objections of judges and decisions made by Court on them.
15. Elected to the corresponding position is considered the judge for whom at least ten votes are given.
16. Further the Court approves by open voting the protocol of vote constituted by counting board and depending on results of elections accepts one of the following decisions:
- declares the electee to the corresponding position the judge who received necessary majority of voices;
- decides about holding the second round of vote if any of judges does not receive poll, necessary for election.
17. For the second round of vote the bulletin joins surnames, names and middle names of two judges who received the greatest polls in the first round. If the greatest poll is received by two or more judges, the bulletin joins only their surnames. If the equal poll following the greatest is received by two or more judges, all of them together with the judge who received the greatest poll join in the bulletin.
18. The second round of vote is held in the same order, as the first. In case of futility of the second round of vote the Court makes the decision on the further procedure of elections.
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