FEDERAL LAW OF THE RUSSIAN FEDERATION

of May 30, 2001 No. 70-FZ

About arbitral assessors of Arbitration Courts of subjects of the Russian Federation

Accepted by the State Duma on April 11, 2001

Approved by the Federation Council on May 16, 2001

Article 1. Arbitral assessors

1. Arbitral assessors of Arbitration Courts of subjects of the Russian Federation (further - arbitral assessors) are the citizens of the Russian Federation (further - citizens) allocated according to the procedure, established by this Federal Law, powers on implementation of justice by consideration of subjects of the Russian Federation by Arbitration Courts (further also - Arbitration Courts) in the first instance of the cases referred to their competence arising from civil legal relationship.

2. Arbitral assessors are involved in hearing of cases according to the petition of the party permitted according to the procedure, established by the Arbitral Procedure Code of the Russian Federation. The specified petition can be declared prior to substantive prosecution.

3. The structure of Arbitration Court for consideration of specific case with participation of arbitral assessors is created according to the procedure, excluding influence on its forming of persons interested in the outcome of the case and consists of one judge and two arbitral assessors. The judge is chairman in judicial session.

4. Arbitral assessors are involved in consideration of the case and decision making on an equal basis with professional judges. When implementing justice they have the rights and judges perform duties.

The arbitral assessors participating in justice implementation are independent and submit only to the Constitution of the Russian Federation and the law.

4.1. The arbitral assessor in case of execution of the powers, and also in the off-duty relations shall avoid everything that could belittle authority of judicial authority or raise doubts in its objectivity, justice and impartiality. In case of conflict of interest the arbitral assessor 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) the arbitral assessor influences or can influence proper execution of the obligations by it and in case of which there arises or can be contradiction between personal interest of the arbitral assessor 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 arbitral assessor which influences or can influence proper execution of the obligations by him, is understood as possibility of obtaining by the arbitral assessor in case of execution of the obligations of the income in type of material benefit or other illegal benefit by it directly for the arbitral assessor, members of his family or other persons and the organizations with which the arbitral assessor is connected by financial or other liabilities.

5. Participation of citizens in implementation of justice as arbitral assessors is their civic duty.

Article 2. Requirements imposed to arbitral assessors

1. The citizens who reached 25 years can be arbitral assessors, but 70 years, with faultless reputation, the having higher education and length of service in the field of economic, financial, legal, management or business activity are not more senior at least five years.

2. Cannot be arbitral assessors:

1) persons having the criminal record which is not removed or not extinguished in accordance with the established procedure;

2) persons who made the act belittling authority of judicial authority;

3) persons recognized as incapacitated or it is limited capable by the judgment which took legal effect;

4) persons, replacement state positions of the Russian Federation, state positions of subjects of the Russian Federation, position of the public civil service of the Russian Federation, and also person, replacement municipal positions and positions of municipal service;

5) the judges, prosecutors, the military personnel, investigators, lawyers, notaries, persons belonging to the leading and operational structure of law-enforcement bodies of the Russian Federation, the Public fire service of the Ministry of the Russian Federation for civil defense, to emergency situations and natural disaster response, bodies of the Federal Security Service, customs authorities of the Russian Federation, bodies performing punishments, and also persons performing private detective activities on the basis of special permission (license);

6) persons staying on the registry in narcological or psychoneurological dispensaries;

7) spouses (spouse), parents, children, brothers and sisters, grandfathers, grandmothers, grandsons, and also parents, children, brothers and sisters of the spouse (spouse) chairman or vice-chairman of the same Arbitration Court of the subject of the Russian Federation.

3. The arbitral assessor who for the first time started execution of the obligations takes the oath of the following content in proceeding in open court:

"Solemnly I swear fairly and to honesty fulfill the duties, to perform justice, submitting only to the law, to be impartial and fair as the civic duty and conscience order to me".

Article 3. Forming and approval of lists of arbitral assessors

1. Lists of arbitral assessors create Arbitration Courts of subjects of the Russian Federation on the basis of offers on candidates of the arbitral assessors sent to the specified courts by Chambers of Commerce and Industry, associations and associations of entrepreneurs, other public and professional associations. The Arbitration Court of the subject of the Russian Federation will organize check of reliability of data on candidates of arbitral assessors. At the same time the Arbitration Court of the subject of the Russian Federation has the right to address with the requirement about check of reliability of the data provided to it to relevant organs which shall report about results of check in the time established by Arbitration Court, but not later than in two months from the date of receipt of this requirement.

2. Lists of arbitral assessors are brought by Arbitration Courts of subjects of the Russian Federation into the Supreme Court of the Russian Federation and affirm the Plenum of the Supreme Court of the Russian Federation.

3. Approved lists of arbitral assessors are published in "the Bulletin of the Supreme Court of the Russian Federation" and can be published in other mass media.

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