Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

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

of April 14, 2016 No. 13

About court practice of application of the legislation regulating questions of disciplinary responsibility of judges

For the purpose of ensuring the correct and uniform application of the legislation by consideration of administrative cases on appeal of decisions of qualification boards of judges on involvement of judges to disciplinary responsibility for making of minor offense by them the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make to courts the following explanations:

1. Judges as carriers of judicial authority are independent and submit only to the Constitution of the Russian Federation and the Federal Law, are irremovable and inviolable (part of 1 Article 120, part of 1 Article 121, part 1 of article 122 of the Constitution of the Russian Federation).

Constitutional legal status of judges determines presentation to them special requirements which are established by the Law of the Russian Federation of June 26, 1992 No. 3132-1 "About the status of judges in the Russian Federation" (further - the Law of the Russian Federation "About the status of judges in the Russian Federation") and the code of judicial ethics approved by the VIII All-Russian congress of judges on December 19, 2012 (further - the code of judicial ethics). Violation of these requirements as a result of guilty action (failure to act) of the judge in case of execution of service duties by it or in off-duty activities, the authority of judicial authority which entailed derogation and damnification of reputation of the judge, is recognized minor offense for which making authority punishment can be imposed on the judge (except for judges of the Constitutional Court of the Russian Federation) (Item 1 of article 12.1 of the Law of the Russian Federation "About the status of judges the Russian Federation").

2. According to Item 2 of article 16 of the Law of the Russian Federation "About the status of judges in the Russian Federation" the judge cannot be brought to any responsibility for the opinion expressed to them in case of administration of law or the decision made by court if only the court verdict which took legal effect does not establish guilt of the judge in criminal abuse or removal of obviously illegal court resolution.

The judge cannot be brought to disciplinary responsibility for the fact of acceptance of illegal or unreasonable court resolution as a result of the miscarriage of justice which was consequence of incorrect assessment of proofs on case or the wrong application of regulations of substantive or procedural law.

3. The procedure and the bases of involvement of the judge to disciplinary responsibility are determined by the Law of the Russian Federation "About the status of judges in the Russian Federation" and the Federal Law of March 14, 2002 No. 30-FZ "About bodies of judicial community in the Russian Federation" (further - the Federal Law "About Bodies of Judicial Community in the Russian Federation") and extend including to the judge whose term of office expired in connection with achievement by it of age limit of the continuance in office continuing to perform the powers before the end of consideration on the merits of the case begun with its participation or before appointment of the new judge in this court.

4. The decision of qualification board of judges on involvement of the judge to disciplinary responsibility can be appealed judicially or in the Highest qualification board of judges of the Russian Federation (Item 1 of article 26 of the Federal law "About Bodies of Judicial Community in the Russian Federation").

According to Item 3 of article 26 of the Federal law "About Bodies of Judicial Community in the Russian Federation", Item 3 of article 20 of the Code of administrative legal proceedings of the Russian Federation (further - KAS Russian Federation) decisions of qualification boards of judges of subjects of the Russian Federation on imposing on the judge of authority punishment in the form of the note or the prevention for making of minor offense by it can be appealed in the Supreme Court of the republic, regional, regional court, court of the federal city, court of the autonomous region and court of the autonomous area.

Hearing of cases according to claims to decisions of the Highest qualification board of judges of the Russian Federation on imposing of authority punishment to the judge and to decisions of qualification boards of judges of subjects of the Russian Federation on early termination of powers of the judge for making of minor offense by it, and also according to addresses of the Chairman of the Supreme Court of the Russian Federation about early termination of powers of judges for making of minor offenses by them in cases if 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, is referred by Items 4, of 5, 5.1 articles 26 of the Federal law "About Bodies of Judicial Community in the Russian Federation", and also Item 3 of Article 21, parts 1, 2 articles 230 KAS Russian Federation to powers of the Supreme Court of the Russian Federation (Disciplinary board of the Supreme Court of the Russian Federation).

The decision of qualification board of judges of the subject of the Russian Federation on imposing on the judge of authority punishment left without change of judges of the Russian Federation by the Highest qualification board can be appealed judicially: about imposing on the judge of authority punishment in the form of the note or the prevention - in the Supreme Court of the republic, regional, regional court, court of the federal city, court of the autonomous region and court of the autonomous area, and in the form of early termination of powers of the judge - in Disciplinary board of the Supreme Court of the Russian Federation.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.