FEDERAL CONSTITUTIONAL LAW

of December 31, 1996 No. 1-FKZ

About judicial system of the Russian Federation

Accepted by the State Duma on October 23, 1996

Approved by the Federation Council on December 26, 1996

Chapter 1. General provisions

Article 1. Judicial authority

1. Judicial authority in the Russian Federation is performed only by courts on behalf of judges and involved in the procedure established by the law in implementation of justice of jury and arbitral members. No other bodies and persons have right to assume justice implementation.

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

3. Judicial authority is performed by means of the constitutional, civil, administrative and criminal trial.

Article 2. Legislation on judicial system

The judicial system of the Russian Federation is installed by the Constitution of the Russian Federation and this Federal constitutional Law.

Article 3. Unity of judicial system

The unity of judicial system of the Russian Federation is provided in the way:

establishments of judicial system of the Russian Federation Constitution of the Russian Federation and this Federal constitutional Law;

observance by all federal courts and magistrate judges of the rules of practice established by the Federal Laws;

applications of the Constitution of the Russian Federation by all courts, Federal constitutional Laws, Federal Laws, conventional principles and rules of international law and international treaties of the Russian Federation, and also constitutions (charters) and other laws of subjects of the Russian Federation;

recognitions of obligation of execution in all territory of the Russian Federation of the court decrees which took legal effect;

legislative fixing of unity of the status of judges;

financings of federal courts and magistrate judges from the federal budget.

Article 4. Courts in the Russian Federation

1. Justice in the Russian Federation is performed only by the courts founded according to the Constitution of the Russian Federation and this Federal constitutional Law. Creation of the emergency courts and courts which are not provided by this Federal constitutional Law is not allowed.

2. In the Russian Federation the federal courts, the constitutional (authorized) courts and magistrate judges of subjects of the Russian Federation constituting judicial system of the Russian Federation are effective.

3. Treat federal courts:

Constitutional court of the Russian Federation;

Supreme Court of the Russian Federation;

courts of cassation of the general jurisdiction, Appeal Courts of the general jurisdiction, the Supreme Courts of the republics, regional, regional courts, courts of the federal cities, courts of the autonomous region and autonomous areas, the district courts, military and specialized courts constituting system of federal courts of the general jurisdiction;

the Arbitration Courts of districts, Arbitration Appeal Courts, Arbitration Courts of subjects of the Russian Federation and specialized Arbitration Courts constituting system of federal Arbitration Courts.

4. Treat vessels of subjects of the Russian Federation: the constitutional (authorized) courts of subjects of the Russian Federation, the magistrate judges who are judges of the general jurisdiction of subjects of the Russian Federation.

Article 5. Independence of courts and independence of judges

1. Courts perform judicial authority independently irrespective of whose that was wills, submitting only to the Constitution of the Russian Federation and the law.

2. The judges, jury and arbitral members participating in justice implementation are independent and submit only to the Constitution of the Russian Federation and the law. Guarantees of their independence are established by the Constitution of the Russian Federation and the Federal Law.

3. Court, having established when considering the case discrepancy of the act of the state or other body, and equally in the official of the Constitution of the Russian Federation, to the Federal constitutional Law, the Federal Law, the conventional principles and rules of international law, the international treaty of the Russian Federation, the constitution (charter) of the subject of the Russian Federation, the law of the subject of the Russian Federation, makes the decision according to the legal statuses having the greatest legal force.

4. In the Russian Federation the laws and other regulatory legal acts canceling or belittling independence of courts, independence of judges cannot be issued.

5. Persons guilty of rendering illegal impact on the judges, jury and arbitral members participating in justice implementation, and also in other intervention in activities of court bear the responsibility provided by the Federal Law. Assignment of powers of authority of court is punished according to the penal statute.

Article 6. Obligation of court decrees

1. The resolutions of federal courts, magistrate judges and vessels of subjects of the Russian Federation which took legal effect, and also their legal orders, requirements, orders, challenges and other addresses are obligatory for one and all public authorities, 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.

2. Non-execution of the court order, and is equal other disrespect for court attract the responsibility provided by the Federal Law.

3. Obligation in the territory of the Russian Federation of resolutions of courts of foreign states, international courts and arbitration is determined by international treaties of the Russian Federation.

Article 7. Equality of all before the law and court

1. All are equal before the law and court.

2. Courts do not give preference to any bodies, persons participating in process to the parties on signs of their state, social, sexual, racial, national, language or political affiliation or depending on their origin, property and official capacity, the residence, the birthplace, the relation to religion, beliefs, belonging to public associations, and is equal also on other bases which are not provided by the Federal Law.

Article 8. Participation of citizens in justice implementation

1. Citizens of the Russian Federation have the right to participate in the justice implementation according to the procedure provided by the Federal Law.

2. Participation of jury and arbitral members in implementation of justice is civic duty.

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