FEDERAL CONSTITUTIONAL LAW

of July 21, 1994 No. 1-FKZ

About the Constitutional Court of the Russian Federation

Accepted by the State Duma of the Russian Federation on June 24, 1994

Approved by Council of the Russian Federation on July 12, 1994

Section first. Organization of the Constitutional Court of the Russian Federation and status of judges

Chapter I. General provisions

Article 1. Constitutional court of the Russian Federation - the supreme judicial authority of the constitutional control

Constitutional court of the Russian Federation - the supreme judicial authority of the constitutional control in the Russian Federation performing judicial authority independently and independently by means of the constitutional legal proceedings for the purpose of protection of bases of the constitutional system, basic rights and freedoms of man and citizen, ensuring supremacy and direct operation of the Constitution of the Russian Federation in all territory of the Russian Federation.

Article 2. Legislation on the Constitutional Court of the Russian Federation

Powers, procedure for education and activities of the Constitutional Court of the Russian Federation are determined by the Constitution of the Russian Federation and present Federal constitutional the law.

Article 3. Powers of the Constitutional Court of the Russian Federation

Constitutional court of the Russian Federation:

1) on requests of the President of the Russian Federation, the Federation Council of Federal Assembly of the Russian Federation (further - the Federation Council), the State Duma of Federal Assembly of the Russian Federation (further - the State Duma), one heel of senators of the Russian Federation or deputies of the State Duma, Government of the Russian Federation, the Supreme Court of the Russian Federation, bodies of legislative and executive power of subjects of the Russian Federation resolves cases on compliance of the Constitution of the Russian Federation:

a) Federal constitutional Laws, Federal Laws, regulations of the President of the Russian Federation, Federation Council, State Duma, Government of the Russian Federation;

b) constitutions of the republics, charters, and also the laws and other regulations of the subjects of the Russian Federation published on the questions relating to maintaining public authorities of the Russian Federation and joint maintaining public authorities of the Russian Federation and public authorities of subjects of the Russian Federation;

c) contracts between public authorities of the Russian Federation and public authorities of subjects of the Russian Federation, contracts between public authorities of subjects of the Russian Federation;

d) not become effective international treaties of the Russian Federation;

2) according to the petition of the President of the Russian Federation, any of the bodies participating in dispute resolves disputes on competence:

a) between federal bodies of the government;

b) between public authorities of the Russian Federation and public authorities of subjects of the Russian Federation;

c) between the highest state authorities of subjects of the Russian Federation;

3) according to claims to violation of constitutional rights and freedoms is checked by constitutionality of the Federal constitutional Laws, Federal Laws, regulations of the President of the Russian Federation, the Federation Council, State Duma, Government of the Russian Federation, constitutions of the republics, charters, and also laws and other regulations of the subjects of the Russian Federation published on the questions relating to maintaining public authorities of the Russian Federation and joint maintaining public authorities of the Russian Federation and public authorities of the subjects of the Russian Federation applied in specific case if all other interstate equitable remedies are exhausted;

3. 1) on requests of courts is checked by constitutionality of the Federal constitutional Laws, Federal Laws, regulations of the President of the Russian Federation, the Federation Council, State Duma, Government of the Russian Federation, constitutions of the republics, charters, and also laws and other regulations of the subjects of the Russian Federation published on the questions relating to maintaining public authorities of the Russian Federation and joint maintaining public authorities of the Russian Federation and public authorities of the subjects of the Russian Federation which are subject to application by the relevant court in specific case;

3. 2) on requests of the President of the Russian Federation, the Government of the Russian Federation, the Supreme Court of the Russian Federation, the Prosecutor General's Office of the Russian Federation resolves question of possibility of execution of the decisions of interstate bodies made based on provisions of international treaties of the Russian Federation in their interpretation contradicting the Constitution of the Russian Federation;

3. 3) on requests of the President of the Russian Federation, the Government of the Russian Federation, the Supreme Court of the Russian Federation, the Prosecutor General's Office of the Russian Federation resolves question of possibility of execution of the decision of foreign or international (interstate) court, foreign or international reference tribunal (arbitration) imposing obligations on the Russian Federation if this decision contradicts bases of public law and order of the Russian Federation;

On requests of the President of the Russian Federation, the Federation Council, State Duma, Government of the Russian Federation, regulatory authorities of subjects of the Russian Federation interpretation of the Constitution of the Russian Federation gives 4);

5) at the request of the Federation Council draws the conclusion about observance of established procedure of promotion of accusation of the President of the Russian Federation or the President of the Russian Federation who stopped execution of powers in connection with the expiration of his continuance in office or ahead of schedule in case of his resignation or resistant inability for health reasons to perform the powers belonging to it, in high treason or making of other serious crime;

5. 1) on requests of the President of the Russian Federation, the Supreme Court of the Russian Federation is checked by constitutionality of the question submitted for referendum of the Russian Federation according to the Federal constitutional Law regulating holding referendum of the Russian Federation;

5. 2) at the request of the President of the Russian Federation is checked by constitutionality of drafts of the laws of the Russian Federation on the amendment to the Constitution of the Russian Federation, drafts of the Federal constitutional Laws and the Federal Laws, and also the laws adopted according to the procedure, provided by parts 2 and 3 of Article 107 and part 2 of article 108 of the Constitution of the Russian Federation, before their signing by the President of the Russian Federation, the laws of the subject of the Russian Federation before their promulgation by the management official of the subject of the Russian Federation (the head of the supreme executive body of the government of the subject of the Russian Federation);

6) ceased to be valid

7) performs other powers conferred to it by the Constitution of the Russian Federation and the Federal constitutional Laws.

The competence of the Constitutional Court of the Russian Federation established by this Article can be changed precisely by introduction of amendments to this Federal constitutional Law.

The constitutional court of the Russian Federation resolves only points of law.

The constitutional court of the Russian Federation when implementing the constitutional legal proceedings abstains from establishment and research of the actual circumstances in all cases when it enters competence of other courts or other bodies.

Concerning the internal activities the Constitutional Court of the Russian Federation accepts Regulations of the Constitutional Court of the Russian Federation.

The constitutional court of the Russian Federation has the right to take the legislative initiative concerning the maintaining.

Article 4. Structure, procedure for education and term of office of the Constitutional Court of the Russian Federation

The constitutional court of the Russian Federation consists of eleven judges, including the Chairman of the Constitutional Court of the Russian Federation and his deputy. Judges of the Constitutional Court of the Russian Federation are appointed to position by the Federation Council on representation of the President of the Russian Federation.

Powers of the Constitutional Court of the Russian Federation are not limited to certain term.

Article 5. Basic principles of activities of the Constitutional Court of the Russian Federation

The basic principles of activities of the Constitutional Court of the Russian Federation are independence, collective nature, publicity, competitiveness and equality of participants.

Article 6. Obligation of solutions of the Constitutional Court of the Russian Federation

Solutions of the Constitutional Court of the Russian Federation are obligatory in all territory of the Russian Federation for all representative, executive and judicial authorities of the government, local government bodies, the companies, organizations, the organizations, officials, citizens and their associations.

Article 7. Guarantees of activities of the Constitutional Court of the Russian Federation

The constitutional court of the Russian Federation is independent in the organizational, financial and material relations of any other bodies. Financing of the Constitutional Court of the Russian Federation is made at the expense of the federal budget and provides possibility of independent implementation of the constitutional legal proceedings in full. Means, necessary for ensuring activities of the Constitutional Court of the Russian Federation, of which the Constitutional Court of the Russian Federation disposes independently are annually provided in the federal budget by the individual clause. The expense budget of the Constitutional Court of the Russian Federation cannot be reduced in comparison with the previous financial year.

The constitutional court of the Russian Federation independently and independently performs information and staffing of the activities.

The property necessary for the Constitutional Court of the Russian Federation for implementation of its activities and being in its operational management, is federal property. The constitutional court of the Russian Federation can equip with functions on implementation of the right of operational management by the specified property the structural divisions which are part of its device.

Any restriction of the legal, organizational, financial, information, material, personnel and other conditions of activities of the Constitutional Court of the Russian Federation established by this Federal constitutional Law is not allowed.

Chapter II. Status of the judge of the Constitutional Court of the Russian Federation

Article 8. Requirements imposed to the candidate for judgeship of the Constitutional Court of the Russian Federation

The judge of the Constitutional Court of the Russian Federation the citizen of the Russian Federation who reached by day of purpose of age at least forty years, with faultless reputation, having higher legal education and the length of service by legal profession at least fifteen years which is highly qualified recognized in the field of the right constantly living in the Russian Federation not having nationality (citizenship) of the foreign state or the residence permit or other document confirming the right to permanent residence of the citizen of the Russian Federation in the territory of foreign state can be appointed.

Article 9. Procedure for position assignment of the judge of the Constitutional Court of the Russian Federation

Offers on candidates for positions of judges of the Constitutional Court of the Russian Federation can be made to the President of the Russian Federation by committees of the Federation Council and the State Duma, the Supreme Court of the Russian Federation, legislative (representative) public authorities of subjects of the Russian Federation, federal legal departments, and also elected bodies of judicial community in the Russian Federation and subjects of the Russian Federation, the All-Russian legal communities, the legal scientific and educational organizations.

The Federation Council considers question of position assignment of the judge of the Constitutional Court of the Russian Federation no later than fourteen days from the moment of receipt of representation of the President of the Russian Federation in time.

Each judge of the Constitutional Court of the Russian Federation is appointed to position in individual procedure by secret vote. Appointed to judgeship of the Constitutional Court of the Russian Federation is considered person who received during the vote the majority from total number of senators of the Russian Federation.

If in case of disposal of the judge from structure of the Constitutional Court of the Russian Federation the number of judges appears less than eight, idea of appointment of other person to vacant position of the judge is brought by the President of the Russian Federation in the Federation Council no later than month from the date of discovery of vacancy.

Article 10. Oath of the judge of the Constitutional Court of the Russian Federation

The Chairman of the Federation Council according to the procedure, established by the Federation Council, swears in person appointed to judgeship of the Constitutional Court of the Russian Federation.

The judge of the Constitutional Court of the Russian Federation takes the oath of the following content: "I swear fairly and to honesty fulfill duties of the judge of the Constitutional Court of the Russian Federation, submitting at the same time only Constitutions of the Russian Federation, to nothing and nobody any more".

Article 11. Occupations and actions not compatible to judgeship of the Constitutional Court of the Russian Federation

The judge of the Constitutional Court of the Russian Federation cannot be senator of the Russian Federation, the deputy of the State Duma, other representative bodies, to occupy or reserve other state or public positions, to have private practice, to be engaged in business, other paid activity, except teaching, scientific and other creative activities which occupation shall not interfere with accomplishment of obligations of the judge of the Constitutional Court of the Russian Federation and cannot serve as reasonable excuse of absence at meeting if the Constitutional Court of the Russian Federation is not agreed to that. The prohibition to be senator of the Russian Federation, the deputy, to hold other state positions, and also to perform other activities if it is admissible for the judge staying in resignation according to the Federal Law regulating the status of judges in the Russian Federation does not extend to the judges of the Constitutional Court of the Russian Federation staying in resignation.

The judge of the Constitutional Court of the Russian Federation has no right to perform protection or representation, except legal representation, in court, Arbitration Court or other bodies, to render somebody protection in receipt of the rights and release from obligations.

The judge of the Constitutional Court of the Russian Federation cannot belong to political parties and movements, to financially support them, to participate in political actions, to carry on political propaganda or propaganda, to participate in campaigns for elections to public authorities and local government bodies, to be present at congresses and conferences of political parties and movements, to be engaged in other political activities. It cannot be also administrative board of any public associations even if they also do not pursue political goals.

The judge of the Constitutional Court of the Russian Federation has no right in printing editions, mass media, independently distributed texts, on the websites (pages of the websites) on the Internet, in performances before any audience, in correspondence with bodies of the public power, the organizations and citizens who proceeding from circumstances of its maintaining can promulgate, express it the opinion on question which can become consideration subject in the Constitutional Court of the Russian Federation either is studied or is taken cognizance by the Constitutional Court of the Russian Federation, before decision making on this matter, and also to criticize in any form of the solution of the Constitutional Court of the Russian Federation.

The judge of the Constitutional Court of the Russian Federation according to the procedure established by the Federal Law it is forbidden to open and have accounts (deposits), to store cash and values in the foreign banks located outside the territory of the Russian Federation.

Also other prohibitions and restrictions provided by the Federal Law regulating the status of judges in the Russian Federation extend to the judge of the Constitutional Court of the Russian Federation.

Provisions of this Article, except as specified, extend to the judge of the Constitutional Court of the Russian Federation staying in resignation if this Article or the Federal Law regulating the status of judges in the Russian Federation concerning the judge staying in resignation provides possibility of occupation by the related activity and making of certain actions.

Nothing in this Article can be considered as restriction of the right of the judge of the Constitutional Court of the Russian Federation freely to express the will of the citizen and voter by vote on elections and referendum.

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