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of December 17, 1998 No. 188-FZ

About magistrate judges in the Russian Federation

(The last edition from 18-04-2018)

Accepted by the State Duma on November 11, 1998

Approved by the Federation Council on December 2, 1998

Article 1. Magistrate judges in the Russian Federation

1. Magistrate judges in the Russian Federation (further - magistrate judges) are judges of the general jurisdiction of subjects of the Russian Federation and enter single judicial system of the Russian Federation. Powers, procedure for activities of magistrate judges and procedure for creation of positions of magistrate judges are established by the Constitution of the Russian Federation, the Federal constitutional Law "About Judicial System of the Russian Federation", other Federal constitutional Laws, this Federal Law and other Federal Laws, and the procedure for appointment (election) and activities of magistrate judges is established also by the laws of subjects of the Russian Federation.

2. Magistrate judges perform justice on behalf of the Russian Federation. The justice procedure magistrate judges is established by the Federal Law.

3. The become effective resolutions of magistrate judges, and also their legal orders, requirements, orders, challenges and other addresses are obligatory for one and all federal bodies of the government, public authorities of subjects of the Russian Federation, local government bodies, public associations, officials, other physical persons and legal entities and are subject to strict execution in all territory of the Russian Federation.

Article 2. Guarantees of the status of magistrate judges

1. The guarantees of independence of judges, their immunity, and also material security and social protection established by the Law of the Russian Federation "About the status of judges in the Russian Federation" and other Federal Laws extend to magistrate judges and members of their families.

2. voided

Article 3. Competence of the magistrate judge

1. The magistrate judge considers in the first instance:

1) criminal cases about crimes for which making maximum punishment does not exceed three years of imprisonment, cognizable to it according to part one of Article 31 of the Code of penal procedure of the Russian Federation;

2) cases on issue of the writ;

3) cases on annulment of marriage if between spouses there is no dispute on children;

4) cases on the Section between spouses of jointly acquired property in case of the price of the claim which is not exceeding fifty thousand rubles;

5) other cases arising from family legal relations, except for cases on contest of paternity (motherhood), on paternity proof, on deprivation of the parent rights, on restriction of the parent rights, on adoption (adoption) of the child, another matters on disputes on children and cases on scrap recognition with invalid;

6) cases on receivership proceeding, except for cases on inheritance of property and the cases arising from the relations on creation and use of results of intellectual activities in case of the price of the claim which is not exceeding fifty thousand rubles;

7) voided

8) cases on determination of procedure for use of property;

9) the cases on administrative offenses referred to competence of the magistrate judge by the Russian Federation Code of Administrative Offences and the laws of subjects of the Russian Federation.

1.1. Except the cases listed in Item 1 of this Article, by the Federal Laws another matters also can be carried to cognizance of the magistrate judge.

2. The magistrate judge considers cases on newly discovered facts concerning the decisions made by him in the first instance and which became effective.

3. The magistrate judge solely considers the cases referred to its competence by this Federal Law.

Article 4. Judicial sites

1. Activities of magistrate judges are performed within the judicial area on judicial sites.

2. Total number of magistrate judges and the number of judicial sites of the subject of the Russian Federation are determined by the Federal Law by the legislative initiative of appropriate subject of the Russian Federation approved with the Supreme Court of the Russian Federation or at the initiative of the Supreme Court of the Russian Federation approved with appropriate subject of the Russian Federation.

3. Judicial sites and positions of magistrate judges are created and abolished by the laws of subjects of the Russian Federation.

4. Judicial sites are created at the rate of population on one site from 15 to 23 thousand people. In administrative-territorial educations with population less than 15 thousand people are created one judicial site.

5. The judicial site or position of the magistrate judge cannot be abolished if the cases referred to competence of this magistrate judge were not at the same time submitted to jurisdiction of other judge or court.

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