FEDERAL CONSTITUTIONAL LAW OF THE RUSSIAN FEDERATION

of June 23, 1999 No. 1-FKZ

About public vessels of the Russian Federation

Accepted by the State Duma on May 20, 1999

Approved by the Federation Council on June 9, 1999

Chapter I. General provisions

Article 1. Military courts of the Russian Federation

1. Military courts of the Russian Federation (further - military courts) are federal courts of the general jurisdiction, enter judicial system of the Russian Federation, perform judicial authority in the Armed Forces of the Russian Federation, other troops, military forming and bodies in which the Federal Law provides military service (further also - bodies), and other powers according to the Federal constitutional Laws and the Federal Laws.

2. District (naval) military courts and garrison military courts are created by the territorial principle in the place of dislocation of military units and organizations of the Armed Forces of the Russian Federation, other troops, military forming and bodies. Military courts are located in places, open for open entry.

3. Military courts are created and abolished by the Federal Law. No military court can be abolished if the matters carried to its maintaining were not at the same time referred in jurisdiction of other court. The number of judges of public vessels is established by the Supreme Court of the Russian Federation within the total number of judges of federal courts of the general jurisdiction established by the Federal Law on the federal budget for the next financial year and planning period.

4. Features of the organization and activities of public vessels during mobilization and in wartime are determined by the relevant Federal constitutional Laws.

Article 2. Legislation of the Russian Federation on public vessels

Powers, procedure for education and activities of public vessels are established by the Constitution of the Russian Federation, the Federal constitutional Law of December 31, 1996 No. 1-FKZ "About judicial system of the Russian Federation" (further - the Federal constitutional Law "About Judicial System of the Russian Federation"), this Federal constitutional Law, other Federal constitutional Laws and the Federal Laws.

Article 3. Justice implementation by public vessels

Military courts perform justice on behalf of the Russian Federation, considering cognizable cases by it according to the procedure of civil, administrative and criminal trial.

Article 4. Main objectives of public vessels

The main objectives of public vessels by hearing of cases are providing and protection:

the violated and (or) disputed rights, freedoms and interests of man and citizen, legal entities and their associations protected by the law;

the violated and (or) disputed rights and interests of local self-government protected by the law;

the violated and (or) disputed rights and interests of the Russian Federation protected by the law, subjects of the Russian Federation, federal bodies of the government and public authorities of subjects of the Russian Federation.

Article 5. Independence of public vessels and independence of judges of public vessels

1. Military courts perform justice independently, submitting only to the Constitution of the Russian Federation, the Federal constitutional Laws and the Federal Laws.

2. Judges of public vessels are independent and in the activities for justice implementation are accountable to nobody.

3. Any intervention in activities of judges of public vessels for implementation of justice is inadmissible and attracts the responsibility provided by the Federal Law.

4. The guarantees of independence of judges established by the Constitution of the Russian Federation, the Federal constitutional Laws and the Federal Laws cannot be cancelled or reduced concerning judges of public vessels.

Article 6. Language of legal proceedings and clerical work in public vessels

Legal proceedings and clerical work in public vessels are conducted in state language of the Russian Federation - Russian. The right to act and offer explanations in the native language or in any freely chosen language of communication, and also to use translation service is provided to the persons participating in case who are not knowing Russian.

Article 7. Cognizance of cases to public vessels

1. To public vessels are jurisdictional:

1) civil and administrative cases about protection of the violated and (or) disputed rights, freedoms and interests of the military personnel of the Armed Forces of the Russian Federation, other troops, military forming and bodies protected by the law (further - the military personnel), the citizens undergoing military charges, the citizens staying in voluntary forming from actions (failure to act) of bodies of military management, military officials and the decisions made by them;

2) cases on all crimes committed by the military personnel, citizens undergoing military charges, the citizens staying in voluntary forming, cases on the crimes committed by citizens (foreign citizens) during passing of military service by them, military charges, stay in voluntary forming, and also the cases referred to competence of public vessels by the Code of penal procedure of the Russian Federation;

3) cases on the administrative offenses made by the military personnel, citizens undergoing military charges;

4) cases on statements for award of compensation for violation of the right to legal proceedings in reasonable time or the rights to execution of the court ruling in reasonable time on cases, cognizable public vessels.

2. The citizens discharged from military service, the citizens who underwent military charges, the citizens excluded from voluntary forming, having the right to appeal in military court of action (failure to act) of bodies of military management, military officials and the decisions made by them which violated the rights, freedoms and the interests of the specified citizens protected by the law during passing of military service by them, military charges, stay in voluntary forming.

2.1. If cases on the crimes committed by the group of persons, group of persons by previous concert organized by group or criminal society are jurisdictional to military court concerning at least one of accomplices, and allocation of criminal case concerning other persons is impossible, the specified cases in the relation of all persons are considered by the relevant military court.

3. Voided

3.1. Military courts in cases and procedure which are established by the Federal Law consider materials about making by the military personnel, citizens undergoing military charges, gross minor offenses for which making disciplinary arrest can be appointed.

4. To the public vessels which are deployed outside the territory of the Russian Federation all civil, administrative and criminal cases which are subject to consideration of the general jurisdiction by federal courts are jurisdictional if other is not established by the international treaty of the Russian Federation.

5. Voided

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