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The document ceased to be valid since August 6, 2014 according to article 10 of the Federal constitutional Law of the Russian Federation of March 12, 2014 No. 5-FKZ

FEDERAL CONSTITUTIONAL LAW OF THE RUSSIAN FEDERATION

of November 9, 2009 No. 4-FKZ

About Disciplinary judicial presence

Approved by the State Duma on October 23, 2009

Approved by the Federation Council on October 30, 2009

Article 1. Disciplinary judicial presence

Disciplinary judicial presence is the judicial authority considering cases on claims to decisions of the Highest qualification board of judges of the Russian Federation and qualification boards of judges of subjects of the Russian Federation on early termination of powers of judges for making of minor offenses by them (further - the claim) and to the addresses on decisions of the Highest qualification board of judges of the Russian Federation and qualification boards of judges of subjects of the Russian Federation on refusal in early termination of powers of judges for making of minor offenses by them (further - the address).

Article 2. Structure of Disciplinary judicial presence

1. Disciplinary judicial presence is created of number of judges of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation (except for the Chairman of the Supreme Court of the Russian Federation, the Chairman of the Supreme Arbitration Court of the Russian Federation and their deputies, and also the judges who are part of the Highest qualification board of judges of the Russian Federation and structure of Judicial council of the Russian Federation) in number of six members.

2. Members of Disciplinary judicial presence are elected proceeding from the following rate of representation: three judges from the Supreme Court of the Russian Federation and three judges from the Supreme Arbitration Court of the Russian Federation.

Article 3. Requirements imposed to the member of Disciplinary judicial presence

1. The judge aged from 40 up to 65 years, the having length of service as the judge in the Supreme Court of the Russian Federation or in the Supreme Arbitration Court of the Russian Federation at least five years can be the member of Disciplinary judicial presence.

2. The Chairman of the Supreme Court of the Russian Federation, the Chairman of the Supreme Arbitration Court of the Russian Federation and their deputies, and also the judges who are part of the Highest qualification board of judges of the Russian Federation and structure of Judicial council of the Russian Federation cannot be pushed by alternate members of Disciplinary judicial presence.

3. The same person cannot be elected the member of Disciplinary judicial presence more than two time in a row.

Article 4. Procedure for election of members of Disciplinary judicial presence

Members of Disciplinary judicial presence are elected on the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation by secret vote with use of bulletins. In case of promotion of alternate members of Disciplinary judicial presence competitive approach is observed: at least two applicants for one vacancy. The judges who received the greatest number of voices of the judges who were present at the Plenum of the Supreme Court of the Russian Federation or the Plenum of the Supreme Arbitration Court of the Russian Federation are considered as the elected to structure of Disciplinary judicial presence.

Article 5. Implementation by the member of Disciplinary judicial presence of the powers. Regulations of Disciplinary judicial presence

1. The member of Disciplinary judicial presence performs the powers without dismissal of the judge of the Supreme Court of the Russian Federation or the Supreme Arbitration Court of the Russian Federation. The member of Disciplinary judicial presence is exempted from fulfillment of duties on implementation of justice on principle place of employment for preparation and holding meetings of Disciplinary judicial presence according to the procedure, established by Regulations of Disciplinary judicial presence.

2. Term of office of the member Distsiplinarny of judicial year of prisutstviyatra.

3. Powers of the member of Disciplinary judicial presence can be stopped on the bases provided by subitems 1-3 and 6-10 of Item 1 of article 14 of the Law of the Russian Federation of June 26, 1992 N3132-I "About the Status of Judges in the Russian Federation", according to the procedure, established by Regulations of Disciplinary judicial presence.

4. During implementation of the powers the member of Disciplinary judicial presence cannot be brought to disciplinary responsibility.

5. The regulations of Disciplinary judicial presence affirm the joint resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation.

Article 6. Powers of Disciplinary judicial presence

1. Disciplinary judicial presence according to the procedure, provided by Chapters 23 and 25 of the Civil Procedure Code of the Russian Federation, taking into account the features established by this Federal constitutional Law and the Regulations of Disciplinary judicial presence performs the following powers:

1) considers claims of citizens which judicial powers are ahead of schedule stopped by the decision of the Highest qualification board of judges of the Russian Federation or the decision of qualification board of judges of the subject of the Russian Federation for making of minor offenses by them (further - applicants), to the specified decisions of qualification boards of judges;

2) considers addresses of the Chairman of the Supreme Court of the Russian Federation or the Chairman of the Supreme Arbitration Court of the Russian Federation about early termination of powers of judges for making of minor offenses by them when by the Highest qualification board of judges of the Russian Federation or qualification boards of judges of subjects of the Russian Federation it is refused satisfaction of ideas of chairmen of federal courts of the termination of powers of judges for making of minor offenses by them.

2. By results of consideration of claims and addresses Disciplinary judicial presence makes the following motivated decisions about:

1) grievance settlement and cancellation of the decision of the relevant qualification board of judges;

2) satisfaction of the address and about the termination of powers of the judge;

3) refusal in grievance settlement or addresses.

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