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RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of August 7, 2014 No. 8

About approval of the Regulations on Scientific and advisory council under the Supreme Court of the Russian Federation

According to article 19 of the Federal constitutional Law of February 5, 2014 "About the Supreme Court of the Russian Federation" the Plenum of the Supreme Court of the Russian Federation decides No. 3-FKZ:

Approve the enclosed Regulations on Scientific and advisory council under the Supreme Court of the Russian Federation.

Chairman of the Supreme Court of the Russian Federation

V. M. Lebedev

Secretary Plenuma, judge of the Supreme Court of the Russian Federation

V. V. Momotov

Approved by the Resolution of the Plenum of the Supreme Court of the Russian Federation of August 7, 2014 No. 8

Regulations on Scientific and advisory council under the Supreme Court of the Russian Federation

1. Scientific and advisory council under the Supreme Court of the Russian Federation (further - Scientific and advisory council) acts on the basis of the Federal constitutional Law "About the Supreme Court of the Russian Federation" and according to the Supreme court rule of the Russian Federation (further - the Supreme Court) and this Provision.

2. The main objective of Scientific and advisory council - development of evidence-based recommendations about matters of principle of court practice, and also suggestions for improvement of the legislation. Scientific and advisory council is urged to promote strengthening of legality when implementing justice.

3. Scientific and advisory council studies the questions arising in judicial activities and develops the corresponding recommendations:

a) according to drafts of the resolutions of the Plenum of the Supreme Court containing explanations on application of the legislation and on materials of generalization of court practice and legal statistics;

b) according to drafts of the laws which the Supreme Court develops as the owner of power to initiate legislation, and also under bills on which the Supreme Court prepares notes and amendments;

c) according to drafts of the instructions, methodical letters and other documents developed by the Supreme Court;

d) concerning legal nature, arising in court practice.

4. Scientific and advisory council gives methodical help in the organization of work of the Scientific and advisory councils formed under the Supreme Courts of the republics, the regional, regional and corresponding to them courts, and also under Arbitration Courts of subjects of the Russian Federation, Arbitration Appeal Courts, Arbitration Courts of districts.

5. Scientific and advisory council under the Supreme Court consists of the chairman, cochairmen, the scientific secretary and members of council.

The chairman of Scientific and advisory council on position is the Chairman of the Supreme Court, cochairmen - vice-chairmen of the Supreme Court - chairmen of judicial boards of the Supreme Court on administrative cases, on civil cases, on criminal cases, on economic disputes.

The First Deputy Chairman of the Supreme Court, vice-chairmen of the Supreme Court - the chairman of Judicial board of the Supreme Court for the military personnel and the chairman of Disciplinary board of the Supreme Court, and also the chairman of Appeal board of the Supreme Court on position are members of Scientific and advisory council.

The scientific secretary of Scientific and advisory council on position is the secretary Plenuma, the judge of the Supreme Court.

6. The staff of Scientific and advisory council affirms the Plenum of the Supreme Court on representation of the Chairman of the Supreme Court.

Candidates in members of Scientific and advisory council from among scientists-lawyers, judges, employees of law enforcement agencies, and also other qualified specialists are offered: Chairman of the Supreme Court and its deputies; secretary Plenuma, judge of the Supreme Court; head of department of systematization of the legislation and analysis of court practice of the Supreme Court.

Offers concerning staff of Scientific and advisory council can represent to the Chairman of the Supreme Court of the judge of the Supreme Court, heads of higher educational institutions and scientific institutions.

7. The structure of Scientific and advisory council acts within three years from the date of its approval.

Before the expiration of three-year term the member of Scientific and advisory council can be excluded from its structure by the Plenum of the Supreme Court on representation of the Chairman of the Supreme Court if it lost communication with Scientific and advisory council or broke the conventional moral ethical standards.

8. As a part of Scientific and advisory council sections are formed:

administrative and legal,

civil,

criminal and legal,

economical and legal.

9. The chairman of Scientific and advisory council will organize its work, determines circle of the questions which are subject to consideration at meetings, gives instructions to the scientific secretary and members of Scientific and advisory council; presides over plenary meetings which are held to consider if necessary the questions entering specialization of two and more sections; makes decisions on implementation of recommendations of Scientific and advisory council.

Cochairmen of Scientific and advisory council direct work of the corresponding sections, determine circle of the questions which are subject to consideration at their meetings, give instructions to the scientific secretary and members of the corresponding sections, preside over meetings of these sections and make decisions on implementation of the recommendations developed at meetings.

10. The scientific secretary of Scientific and advisory council provides activities of council and its sections, controls implementation of the recommendations developed by Scientific and advisory council or its sections and approved with the chairman or cochairmen of Scientific and advisory council, will organize meetings, providing members of Scientific and advisory council with necessary documentation and scientific reference materials.

11. Members of Scientific and advisory council participate in studying and generalization of court practice, project development of resolutions of the Plenum of the Supreme Court, in work on advanced training of judicial workers, carry out orders on project development of evidence-based recommendations and conclusions, carry out other orders following from this provision.

The certificate of the established sample is issued to members of Scientific and advisory council in connection with accomplishment of the tasks assigned to them, they are given opportunity to participate in work of the Plenum of the Supreme Court, and also to get acquainted with the permission of heads of the Supreme Court with materials of court practice and data of legal statistics, they are provided with texts of the resolutions accepted by the Plenum.

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