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Approved by Judicial department under the Supreme Court of the Russian Federation of July 29, 2008 the Supreme Arbitration Court of the Russian Federation of September 9, 2008 the Supreme Court of the Russian Federation of October 7, 2008

The instruction about payment procedure of dismissal wage to the judges of federal courts of the general jurisdiction, federal Arbitration Courts and the magistrate judges who retired or removed lump-sum allowance to members of their families

1. General provisions

1.1. This Instruction determines payment procedure of dismissal wage to the judges of federal courts of the general jurisdiction, federal Arbitration Courts and the magistrate judges who retired or removed (further - dismissal wage), lump-sum allowance to members of their families (further - lump-sum allowance) according to the Law of the Russian Federation of June 26, 1992 N 3132-1 "About the status of judges in the Russian Federation", the Federal Law of January 10, 1996 N 6-FZ "About additional guarantees of social protection of judges and workers of offices of courts of the Russian Federation", the Federal constitutional Law of December 31, 1996 N 1-FKZ "About judicial system of the Russian Federation", the Federal Law of December 17, 1998 N 188-FZ "About magistrate judges in the Russian Federation", the Federal constitutional Law of June 23, 1999 N 1-FKZ "About public vessels of the Russian Federation", the resolution of the Supreme Council of the Russian Federation of May 20, 1993 N 4994-1 "About some questions connected using the Law of the Russian Federation "About the status of judges in the Russian Federation".

1.2. According to Item 3 of article 15 of the Law of the Russian Federation "About the status of judges in the Russian Federation" the dismissal wage at the rate of the monthly salary on the last position for each complete year of work as the judge is paid to the retired or removed judge, but the sixfold size of the monthly salary on the left position suffices. In case of this judge, earlier retiring or being removed, only operating time the judge which passed from the moment of the termination of the last resignation is considered.

1.3. According to Item 5 of article 29 of the Federal constitutional Law "About Public Vessels of the Russian Federation" in case of honourable leaving (honourable removal) in resignation of judges of public vessels and Military board of the Supreme Court of the Russian Federation with simultaneous dismissal from military service to the specified judges at their choice it is paid or the lump-sum allowance in case of dismissal from military service provided for the military personnel by the Federal Law or the dismissal wage provided by the Law of the Russian Federation "About the status of judges in the Russian Federation". Subsequently in case of dismissal from military service the lump-sum allowance provided for the military personnel is not paid to the judges of public vessels and Military board of the Supreme Court of the Russian Federation who received dismissal wage for the period of work in judgeship and remained on military service for the specified period.

1.4. According to Item 6 of article 19 of the Law of the Russian Federation "About the status of judges in the Russian Federation" in case of the termination of powers of the judge on the bases provided by the subitem 10 of Item 1 of article 14 of the called Law, his family the lump-sum allowance at the rate of its monthly salary on the last position for each complete year of work as the judge is paid, but its annual wage suffices.

Treat members of the family of the judge the spouse (a), the .roditel and children living with him and conducting general economy.

2. The bases and payment procedure of dismissal wage to the judges who retired or removed lump-sum allowance to members of their families

2.1. The basis for consideration of question of dismissal wage payment is the statement of the judge (the appendix N 1 and N 3) which powers are stopped on the bases provided by subitems 1, of 2, of 4, of 5,9 and the 11th Item 1 of article 14 of the Law of the Russian Federation "About the status of judges in the Russian Federation" and also the order on expel of the judge from staff of court (the order on Release of the judge from position).

The basis for consideration of question of payment of lump-sum allowance is the statement of members of the family of the judge (the appendix N 2 and N 4) which powers are stopped on the bases provided by the subitem 10 of Item 1 of article 14 of the Law of the Russian Federation "About the status of judges in the Russian Federation" and also the order on expel of the judge from staff of court (the order on release of the judge from position).

2.2. The order on assignment from staff of court (the order on dismissal) of the judge of the Supreme Court of the republic, regional, regional court, court of the federal city, court of the autonomous region, the autonomous area, military court (further - federal courts of the general jurisdiction, except for district courts), the Supreme Arbitration Court of the Russian Federation, federal Arbitration Court of the district, Arbitration Appeal Court, Arbitration Court of the subject of the Russian Federation (further - Arbitration Courts) is issued by the chairman of the relevant court.

The order on assignment from staff of court of the judge of district court and the magistrate judge is issued by the head of department (department) of Judicial department in the subject of the Russian Federation (further - management (department) of Judicial department).

2.3. The statement of the judge of federal court of the general jurisdiction (except for district courts), Arbitration Court about dismissal wage payment, members of their families - about payment of lump-sum allowance moves in the relevant court on the last place of employment in judgeship, and the judge of district court, the magistrate judge and members of their families - in the relevant management (department) of Judicial department.

2.4. Copies of its service record, the decision of qualification board of judges on the termination of powers, the order on assignment from staff of court (the order on release of the judge from position) and other necessary documents are enclosed to the application of the judge for dismissal wage payment.

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