LAW OF THE RUSSIAN FEDERATION

of June 26, 1992 No. 3132-1

About the status of judges in the Russian Federation

Article 1. Judges - carriers of judicial authority

1. Judicial authority in the Russian Federation belongs only to courts on behalf of judges and attracted in the cases established by the law to implementation of justice of representatives of the people.

2. Judicial authority is independent and is effective irrespective of the legislative and executive authorities.

3. Judges according to this Law are persons given in constitutional order authority to perform justice and the fulfilling duties on professional basis.

4. Judges are independent and submit only to the Constitution of the Russian Federation and the law. In the activities for justice implementation they are accountable to nobody.

5. Disrespect for court or judges attracts the responsibility established by the law.

6. Requirements and orders of judges when implementing of powers by them are obligatory for one and all state bodies, public associations, officials, other legal entities and physical persons. Information, documents and their copies necessary for justice implementation are represented upon the demand of judges gratuitously. Non-execution of requirements and orders of judges attracts the responsibility established by the law.

Article 2. Unity of the status of judges

1. All judges in the Russian Federation have the single status. Features of legal status of some categories of judges, including judges of public vessels, are determined by the Federal Laws, and in the cases provided by the Federal Laws, also the laws of subjects of the Russian Federation.

Features of legal status of judges of the Constitutional Court of the Russian Federation are determined by the Federal constitutional Law.

2. And other circumstances provided by the law qualification classes according to the procedure, provided by this Law are appropriated to judges depending on post, length of service in judgeship. Assignment to the judge of qualification class does not mean change of its status concerning other judges in the Russian Federation.

Article 3. Requirements imposed to the judge

1. The judge shall observe strictly the Constitution of the Russian Federation, the Federal constitutional Laws and the Federal Laws. The magistrate judge shall observe also the constitution (charter) of the subject of the Russian Federation and the laws of the subject of the Russian Federation.

2. The judge in case of execution of the powers, and also in the off-duty relations shall avoid everything that could belittle authority of judicial authority, advantage of the judge or to raise doubts in its objectivity, justice and impartiality.

In case of conflict of interest the judge participating in proceeedings shall declare rejection or inform participants of process of the current situation.

The conflict of interest is understood as situation in case of which personal interest (direct or indirect) judges influences or can influence proper execution of job responsibilities by it and in case of which there arises or can be contradiction between personal interest of the judge and the rights and legitimate interests of citizens, the organizations, societies, the municipality, the subject of the Russian Federation or the Russian Federation, capable to lead to damnification to the rights and legitimate interests of citizens, the organizations, societies, the municipality, the subject of the Russian Federation or the Russian Federation.

Personal interest of the judge which influences or can influence proper execution of job responsibilities by him, is understood as possibility of obtaining by the judge in case of execution of job responsibilities of the income in type of material benefit or other illegal benefit directly to the judge, members of his family or other persons and the organizations with whom the judge is connected by financial or other liabilities.

3. The judge has no right:

1) to replace other state positions, positions of public service, municipal positions, positions of municipal service, to be the arbitration judge, the arbitrator;

2) to belong to political parties, to financially support the specified parties and to participate in their political actions and other political activities;

3) publicly to express the relation to political parties and other public associations;

4) to be engaged in business activity personally or through authorized representatives, including to take part in management of business entity irrespective of its form of business;

5) to be engaged in other paid activities, except pedagogical, scientific and other creative activities which occupation shall not interfere with fulfillment of duties of the judge and cannot serve as reasonable excuse of absence at meeting if the chairman of the relevant court is not agreed to that (for magistrate judges - the chairman of the relevant district court, for chairmen of the courts - presidiums of the relevant courts, and in case of absence of such presidiums - presidiums of superior courts). At the same time pedagogical, scientific and other creative activities cannot be financed only by means of foreign states, the international and foreign organizations, foreign citizens and stateless persons if other is not stipulated by the legislation the Russian Federation, international treaties of the Russian Federation or arrangements on mutual basis of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation with the relevant courts of foreign states, the international and foreign organizations;

5. 1) to open and have accounts (deposits), to store cash and values in the foreign banks located outside the territory of the Russian Federation, to own and use foreign financial instruments. The spouse (spouse) and minor children of the judge also has no right to open and have accounts (deposits), to store cash and values in the foreign banks located outside the territory of the Russian Federation, to own and use foreign financial instruments. The concept "foreign financial instruments" is used in this Federal Law in the value determined by the Federal Law of May 7, 2013 No. 79-FZ "About prohibition to separate categories of persons to open and have accounts (deposits), to store cash and values in the foreign banks located outside the territory of the Russian Federation, to own and use foreign financial instruments";

5. 2) to have nationality (citizenship) of foreign state either 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;

6) to be the attorney or the representative (except cases of legal representation) for physical persons or legal entities;

7) to allow public statements on question which is consideration subject in court, to the introduction in legal force of court resolution on this matter;

8) to use for the purpose of, the powers of the judge which are not connected with implementation, the means of material, financial and information support intended for office activities;

9) to disclose or use for the purpose of, the powers of the judge which are not connected with implementation, the data carried according to the Federal Law to information of limited access, or office information, which became to it known in connection with implementation of powers of the judge;

To receive 10) in connection with implementation of powers of the judge not of stipulated by the legislation remuneration of the Russian Federation (the loan, cash and other remuneration, services, payment of entertainments, rest, transportation expenses) from physical persons and legal entities. The gifts received by the judge in connection with hospitality events with official journeys and with other official actions, are recognized federal property or property of the subject of the Russian Federation and are brought by the judge under the act to trial in which he holds judgeship, except as specified, stipulated by the legislation the Russian Federation. The judge who handed over the gift received by it in connection with hospitality event with official journey and with other official action can redeem it according to the procedure, established by regulatory legal acts of the Russian Federation;

11) to accept without the permission of the relevant qualification board of judges honourable and special (except for scientific and sports) ranks, awards and other distinctions of foreign states, political parties, other public associations and other organizations;

12) to leave in official journeys of the territory of the Russian Federation at the expense of means of physical persons and legal entities, except for the official journeys performed in accordance with the legislation of the Russian Federation, international treaties of the Russian Federation or arrangements on mutual basis of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, Judicial council of the Russian Federation with the relevant courts of foreign states, the international and foreign organizations;

13) to be part of governing bodies, trustee or supervisory boards, other bodies of the foreign non-profit non-governmental organizations and their structural divisions operating in the territory of the Russian Federation if other is not stipulated by the legislation the Russian Federation, international treaties of the Russian Federation or arrangements on mutual basis of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation with the relevant courts of foreign states, the international and foreign organizations;

14) to stop execution of job responsibilities for the purpose of settlement of employment dispute.

4. The judge who is staying in resignation and having length of service in judgeship at least 20 years or reached age of 55 years (for women - 50 years) having the right to work in public authorities, local government bodies, the public and local government offices, in trade-union and other public associations and also as the assistant to the deputy of the State Duma or the member of the Federation Council of Federal Assembly of the Russian Federation or the assistant to the deputy of legislative (representative) body of the subject of the Russian Federation can be appointed to position of the representative for the rights of consumers of financial services, but has no right to hold positions of the prosecutor, the investigator and the investigator, to be engaged in lawyer and notarial activities.

The requirements established by subitems 1, of the 11 and 12 Item 3 of this Article do not extend to the judge staying in resignation irrespective of age and judicial years of service.

During implementation of activities which the judge staying in the resignation having the right to be engaged according to this Item immunity guarantees, the stipulated in Clause 16 these Laws, membership of the specified judge in judicial community for this period do not extend to it stops.

5. The judge staying in resignation has the right to be mediator, the judicial conciliator.

Article 4. Requirements imposed to candidates for judgeship

1. The citizen of the Russian Federation can be the judge:

1) the "master" having the higher legal education in "Law" or the higher education in the direction of preparation "Law" of qualification (degree) in the presence of the bachelor's degree in the direction of preparation "Law";

2) not having or not having criminal records or criminal prosecution concerning which it is stopped on the rehabilitating bases;

3) 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;

4) not recognized as court incapacitated or it is limited by capable;

5) not staying on the registry in narcological or psychoneurological dispensary in connection with treatment for alcoholism, drug addiction, toxicomania, chronic and long mental disturbances;

6) not having other diseases interfering implementation of powers of the judge.

2. In case of compliance to requirements, stipulated in Item 1 this Article:

1) the citizen who reached age of 40 years and having length of service in the field of law at least 15 years can be the judge of the Constitutional Court of the Russian Federation;

2) the citizen who reached age of 35 years and having length of service in the field of law at least 10 years can be the judge of the Supreme Court of the Russian Federation;

3) the citizen who reached age of 30 years and having length of service in the field of law at least 7 years can be the judge of court of cassation of the general jurisdiction, Appeal Court of the general jurisdiction, cassation military court, Appeal military court, Supreme Court of the republic, regional, regional court, court of the federal city, court of the autonomous region, court of the autonomous area, district (naval) military court, Arbitration Court of the district, Arbitration Appeal Court, specialized Arbitration Court;

4) the citizen who reached age of 25 years and having length of service in the field of law at least 5 years can be the judge of Arbitration Court of the subject of the Russian Federation, district court, garrison military court, and also the magistrate judge.

3. By the Federal constitutional Law and the Federal Law additional requirements to candidates for judgeship of courts of the Russian Federation can be established.

4. The person suspected or accused of crime execution cannot be the candidate for judgeship.

5. Length of service in the field of law, necessary for position assignment of the judge, joins operating time:

1) on the state positions of the Russian Federation, the state positions of subjects of the Russian Federation, positions of public service, municipal positions, positions requiring the higher legal education in the state bodies of the USSR, the federal republics of the USSR, RSFSR and the Russian Federation, positions existing before adoption of the Constitution of the Russian Federation in legal services of the organizations, positions in the scientific organizations;

2) as the teacher of legal disciplines of professional educational programs, as the lawyer or the notary.

Article 4.1. Medical examination of the applicant for judgeship

For confirmation of absence at the applicant for judgeship of the diseases interfering position assignment of the judge preliminary medical examination is carried out it. The list of the diseases interfering position assignment of the judge affirms the decision of Judicial council of the Russian Federation based on representation of federal executive body in the field of health care. The document form, testimonial of absence of the diseases interfering position assignment of the judge affirms federal executive body in the field of health care.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info