Chapter 1. General Provisions

Article 1. Judicial power
1.      The judicial power in the Russian Federation is exercised only by the courts, in the person of judges and jurors called  in accordance with the procedure established by law for the administration of justice, and People’s and arbitration assessors.  No other bodies or persons shall have the right to take upon themselves the administration of justice.
2.      The judiciary is independent and acts independent of the legislative and executive branches of government.
3.      Judicial authority is executed by way of constitutional, civil, administrative and criminal court proceedings.

Article 2. Legislation on the court system
The court system of the Russian Federation is established by the Constitution of the Russian Federation and this Federal Constitutional Law.

Article 3.  Unity of the court system
The unity of the court system of the Russian Federation is secured by:
-the establishment of the court system of the Russian Federation by the Constitution of the Russian Federation and this Federal Constitutional Law;
-the observance by all federal courts and justices of the peace of the rules of judicature established by the federal laws;
-the application by all courts of the Constitution of the Russian Federation, Federal Constitutional laws, federal laws, generally recognized principles and norms of international law and international agreements of the Russian Federation, as well as the constitutions (charters) and other laws of the constituent entities of the Russian Federation;
-the recognition of the compulsory execution in the entire territory of the Russian Federation of court decrees which have entered into lawful force;
-legislative consolidation of the unity of the status of judges;
-financing of federal courts and justices of the peace by the federal budget.

Article 4.  Courts in the Russian Federation
1.      Justice in the Russian Federation shall be administered solely by courts established in accordance with the Constitution of the Russian Federation and this Federal Constitutional Law.  The establishment of ad hoc courts and courts not envisaged by this Federal Constitutional Law shall not be permitted.
2.      The Russian Federation shall have federal courts, constitutional (charter) courts and justices of the peace of the constituent entities of the Russian Federation, which constitute the court system of the Russian Federation.
3.      Federal courts shall consist of:
- the Constitutional Court of the Russian Federation;
- the Supreme Court of the Russian Federation, supreme courts of republics, krai and oblast courts, courts of the cities of federal status, courts of the autonomous oblast and autonomous okrugs, district courts, military and specialized courts, which constitute the system of federal courts of general jurisdiction;
- the Supreme Arbitration Court of the Russian Federation, federal arbitration  courts of okrugs ( arbitration cassation courts) , arbitration appellate courts and arbitration courts of constituent entities of the Russian Federation, which constitute the system of federal arbitration courts.
( according to the text of the Federal Constitutional Law of 04.07.2003 №3- FKZ)
4. Courts of constituent entities of the Russian Federation shall include:
- constitutional (charter) courts of constituent entities of the Russian Federation, justices of the peace who are judges of general jurisdiction of constituent entities of the Russian Federation.

Article 5.  Independence of courts and independence of judges
1. Courts shall administer judicial authority independently, irrespective of anyone's will, obeying only the Constitution of the Russian Federation and the law.
2. Judges, jurors, People’s and arbitration assessors participating in the administration of justice are independent and obey only the Constitution of the Russian Federation and the law.  Guarantees of their independence are established by the Constitution of the Russian Federation and the federal law.
3.  A court, having established during the examination of a case that an act of a state or other body, or of an official, fails to conform to the Constitution of the Russian Federation, federal constitutional law, federal law, generally recognized principles and norms of international law, an international treaty of the Russian Federation, the constitution (charter) of a constituent entity of the Russian Federation, or a law of a constituent entity of the Russian Federation, shall adopt a decision in accordance with the legal provisions  having the greatest legal force.
4. No laws or other normative legal acts may be issued in the Russian Federation which would overturn or diminish the independence of courts or the independence of judges.
5. Persons guilty of unlawfully influencing judges, jurors, People’s and arbitration assessors participating in the administration of justice, as well as of any other interference with the activities of a court, shall bear liability as established by federal law.  Assuming the powers of a court shall be punishable in accordance with criminal law.

Article 6. Binding nature of court decrees
1. Decrees of federal courts, justices of the peace and courts of constituent entities of the Russian Federation, as well as their lawful directives, demands, orders, subpoenas and other forms of appeals which have entered into lawful force shall be binding for all bodies of State authority, bodies of local self-government, public associations, officials, other individuals and legal entities, without exception, and shall be subject to strict execution in the entire territory of the Russian Federation.
2. Failure to comply with a court decree, or any other expression of contempt for the court, shall give rise to the liability envisaged by federal law.
3. The binding nature in the territory of the Russian Federation of court decrees of foreign states, international courts and arbitration courts shall be determined by international treaties of the Russian Federation.

Article 7. Equality of all before the law and courts
1. All are equal before the law and before the courts.
2. Courts shall not favor any bodies or persons participating in proceedings based on state, social status, gender, race, nationality, language or political affiliation or depending on their origin, wealth or official position, place of residence, place of birth, attitude to religion, convictions, membership in public associations, or on any other bases not envisaged by federal law.

Article 8. Participation of citizens in the administration of justice
1. Citizens of the Russian Federation have the right to participate in the administration of justice in accordance with the procedure envisaged by federal law.
2. The participation of jurors, People’s and arbitration assessors in the administration of justice is a citizen's duty.
3. Requirements needed in relation to citizens participating in the administration of justice shall be established by federal law.
4. For the time spent participating in the administration of justice jurors, People’s and arbitration assessors shall be paid remuneration from the federal budget.

Article 9. Publicity in the activities of courts
Proceedings in all courts shall be open.  Examination of a case in a closed session may be permitted in the cases envisaged by the federal law.

Article 10.  Language of court proceedings and case records
1. Proceedings and case records in the Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation, Supreme Arbitration Court of the Russian Federation, other arbitration courts, and military courts shall be conducted in the Russian language – the State language of the Russian Federation.  Proceedings and case records in other federal courts of general jurisdiction may also be conducted in the State language of the republic in whose territory the court is located.
2. Proceedings and case records of justices of the peace and other courts of the constituent entities of the Russian Federation shall be conducted in the Russian language or in the State language of the republic in whose territory the court is located.
3. Persons participating in a case who do not know the language of the proceedings, shall have the right to speak and give explanations in their native language or in any freely chosen language, as well as to use the services of an interpreter.

 Chapter 2. Foundations of the status of judges in the Russian Federation


Article 11. Judges
1. Judges are persons entrusted in accordance with the Constitution of the Russian Federation and this Federal Constitutional Law with powers to administer justice and who perform their duties on a professional basis.
2. A judge with work experience as a judge not less then ten years and has retired shall be considered to be an honorable judge.  He/she may be called up to administer justice as a judge in accordance with the procedure established by the federal law.
3. Judges shall be provided, at the State's expense, material and social-household package corresponding to their high status.  Salary (monetary remuneration) of a judge may not be reduced during the entire term a judge holds his/her position.

Article 12. Unity of the status of judges
All judges in the Russian Federation have a single status and have differences among them only in powers and competence.  Special considerations for the legal status of certain categories of judges shall be determined by federal laws, and also, where envisaged thereby, by the laws of the constituent entities of the Russian Federation.

Article 13. Procedure for assigning authorities to judges
(According to the text of the Federal Constitutional Law of December 15,2001; №5-FKZ)
1. The procedure to assign authorities to the Chairman of the Constitutional Court of the Russian Federation , his or her deputies and other justices of the Constitutional Court of the Russian Federation is established by the Federal Constitutional Court « On the Constitution of the Russian Federation» .
2. The procedure to assign authorities to the Chairman of the Supreme Court of the Russian Federation his or her deputies, other justices of the Supreme Court of the Russian Federation, the Chairman of the Supreme Arbitration Court of the Russian Federation, his or hers deputies ,other justices of the Supreme Arbitration Court of the Russian Federation , chairmen, deputy chairmen and other justices of the supreme courts of the Republics ,judges of the krai and oblast courts, of the courts of the cities of federal status , courts of autonomous oblasts, autonomous districts, district courts, military courts, district federal arbitration courts, arbitration appellate court , arbitration courts of the constituent entities of the Russian Federation is established by the corresponding Federal Constitutional Law and Federal Law on the Status of Judges.
(according to the text of Federal Constitutional Law of 04.07.2003; №3-FKZ)
3. Chairmen and deputies chairmen of the courts indicated in the part 2 of this
Article shall be appointed to their posts for 6 year term .One and the same person can be appointed for the post of chairman ( deputy chairman) of one and the same court more than once but no more than two times in succession.
4. The procedure to assign authorities to the justices of the peace and also chairmen, deputy chairmen , other justices of constitutional( charter) courts of the administrative units of the Russian Federation is established by the Federal laws and law of the constituent entities of the Russian Federation.
5. Selection of candidates for positions of judges shall be carried out on a competitive basis.
On refusal to accept for consideration a request to examine the constitutionality of the
Article 14, which establishes the limiting age of 65 years to work in the position of a judge of a Federal court ( with exception for the Constitutional Court of the Russian Federation) , see the decision of the Constitutional Court of the RF of 03.10.2002 №233-O.

Article 14. Term of tenure for the judges of Federal courts
Authorities of judges of federal courts are not limited by a certain term, unless otherwise established by the Constitution of the Russian Federation, a federal constitutional law and federal law on the status of judges which is adopted in accordance with the abovementioned laws. The limiting term for a judge of a federal court (with exception of the Constitutional Court of the Russian Federation) shall be 65 years.
( according to the text of the Federal Constitutional Law of 15.12.2001 №5-FKZ)

Article 15. Irremovability  of judges
1.      A judge may not be removed.  He or she may not be appointed (elected) to another position or to another court without his or her consent.
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 On refusal to accept for consideration a complaint to recognize part 2 as not corresponding to the Constitution of the Russian Federation , due to the fact that the included  question put to the Constitutional Court of the Russian Federation cannot be resolved by the Constitutional Court because it is out of its jurisdiction) , see the decision of the Constitutional Court of the RF of 21.12.2000.
2.      The authorities of a judge may only be terminated or suspended solely on the basis of a decision by the corresponding qualification board of judges.
( according to the text of the Federal Constitutional Law of 15.12.2001 № 5-FKZ)

Article 16. Immunity of judges
Judges have immunity.  Guarantees for judges' immunity shall be established by federal law.

Chapter 3. Courts


Article 17. Procedure for the establishment and elimination of courts
1. The Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation, and Supreme Arbitration Court of the Russian Federation, established in accordance with the Constitution of the Russian Federation, may be eliminated only by entering amendments to the Constitution of the Russian Federation.  Other federal courts may be established and eliminated solely by the federal law.
2. Positions of justices of the peace and constitutional (charter) courts of the constituent entities of the Russian Federation may be established and eliminated by the laws of the constituent entities of the Russian Federation.
3. No court may be eliminated if issues concerning the administration of justice which are assigned to its competence were not simultaneously assigned to the jurisdiction of another court.

Article 18. The Constitutional Court of the Russian Federation
1.  The Constitutional Court of the Russian Federation is the judicial body for constitutional control, independently exercising judicial authority by way of constitutional court proceedings.
2. The authorities, procedure for the formation and activities of the Constitutional Court of the Russian Federation shall be established by the federal constitutional law.

Article 19. The Supreme Court of the Russian Federation
1. The Supreme Court of the Russian Federation is the highest judicial body for civil, criminal, administrative and other cases in the framework of jurisdiction of courts of general jurisdiction.
2. The Supreme Court of the Russian Federation shall carry out, in the procedural forms envisaged by federal law, judicial supervision of the activities of courts of general jurisdiction, including military and specialized federal courts.
3.  Within the limits of its competence the Supreme Court of the Russian Federation shall examine cases as a court of second instance, in the order of supervision and for newly discovered circumstances, and also, where envisaged by federal law, as a court of first instance.
4. The Supreme Court of the Russian Federation is the immediate superior judicial instance in relation to the supreme courts of republics, krai (oblast) courts, courts of cities of federal status, courts of the autonomous oblast and autonomous okrugs, military courts of military okrugs, fleets, types and groups of troops.
5. The Supreme Court of the Russian Federation shall give clarifications on issues of judicial practice.
6. The authorities , the procedure for the formation and activities of the Supreme Court of the Russian Federation shall be established by the federal constitutional law.

Article 20. Supreme courts of republics, krai (oblast) courts, courts of cities of federal status, courts of the autonomous oblast and courts of the autonomous okrug
1.The supreme courts of republics, krai (oblast) courts, courts of cities of federal significance, courts of the autonomous oblast and courts of the autonomous okrug shall, within the limits of their competence, examine cases as courts of first and second instance, in the order of supervision and for newly discovered circumstances.
2. The courts indicated in part 1 of this
Article are the immediate superior court instances for the district courts acting in the territory of the corresponding constituent entity of the Russian Federation.
3. The authorities , procedure for the formation and activities of the courts indicated in part 1 of this
Article shall be established by a federal constitutional law.

Article 21. District courts
1.  Within the limits of their competence, district courts shall examine cases as courts of first and second instance and exercise other authorities envisaged by federal constitutional law.
2. District courts are the immediate superior court instance in relation to justices of the peace acting in the territory of the corresponding district courts.
3. The authorities, procedure for the formation and activities of a district court shall be established by a federal constitutional law.

Article 22. Military courts
1. Military courts shall be established on the basis of the territorial principle at the place of location of troops and fleets and shall administer judicial authority for troops, bodies and formations, where federal law envisages military service.
2. Military courts shall, within the limits of their competence, examine cases as a court of first and second instance, in order of supervision and for newly discovered circumstances.
3. The authorities ,procedure for the formation and activities of military courts shall be established by a federal constitutional law.

Article 23. The Supreme Arbitration Court of the Russian Federation
1. The Supreme Arbitration Court of the Russian Federation is the highest judicial body for the resolution of economic disputes and other cases examined by arbitration courts.
2. The Supreme Arbitration Court of the Russian Federation is the highest court instance in relation to federal arbitration courts of okrugs and arbitration appeals courts and arbitration courts of constituent entities of the Russian Federation.
( according to the text of the Federal Constitutional Law of 04.07.2003 № 3-FKZ)
3. The Supreme Arbitration Court of the Russian Federation shall carry out judicial supervision over the activities of arbitration courts through the procedural forms envisaged by federal law.
4. The Supreme Arbitration Court of the Russian Federation shall examine in accordance with federal law cases as a court of first instance, in the order of supervision and for newly discovered circumstances.
5. The Supreme Arbitration Court of the Russian Federation shall give clarifications  on issues of court practice.
6. The authorities , procedure for the formation and activities of the Supreme Arbitration Court of the Russian Federation shall be established by a federal constitutional law.

Article 24. Federal arbitration court of okrug
1. Within the limits of their competence federal arbitration court shall examine cases as a court of the cassation instance, as well as for newly discovered circumstances.
2.  Federal arbitration court of okrug is the superior court instance for arbitration appeals court and arbitration court of constituent entities of the Russian Federation acting in the territory of the corresponding court districts.
( according to the text of the Federal Constitutional Law of 04.07.2003 № 3-FKZ)

3. The authorities , procedure for the formation and activities of federal arbitration courts of okrug shall be established by a federal constitutional law.
Article 24.1 . Arbitration Appeals Court
( according to the text of the Federal Constitutional Law of 04.07.2003 № 3-FKZ)

1. Arbitration appeals court shall examine in the limits of its competence  cases as a court of appeals instance, as well as for newly discovered circumstances.
2.The authorities, procedure for formation and activities of the federal arbitration court of okrug shall be established by a federal constitutional law. 

Article 25. Arbitration courts of constituent entities of the Russian Federation
1.      With the limits of their competence arbitration  court of constituent entities of the Russian Federation shall examine cases as a court of first instances, as well as for newly discovered circumstances.
( according to the text of the Federal Constitutional Law of 04.07.2003 № 3-FKZ)

2. The authorities ,procedure for the formation and activities of arbitration  courts of constituent entities of the Russian Federation shall be established by a federal constitutional law.

Article 26. Specialized federal courts
1. Specialized federal courts for the examination of civil and administrative cases shall be established by way of entering amendments and additions to this Federal Constitutional Law.
2. The authorities , procedure for the formation and activities of specialized federal courts shall be established by a federal constitutional law.

Article 27. Constitutional (charter) courts of constituent entities of the Russian Federation
(On constitutional and law meaning of the part 1 of the
Article 27 , see decision of the Constitutional Court of the Russian Federation  of 06.03.2003 № 103-O)
1. The constitutional (charter) court of a constituent entity of the Russian Federation may be established by a constituent entity of the Russian Federation for the examination of issues of the conformity of laws of the constituent entities of the Russian Federation, normative legal acts of bodies of State authority of the constituent entity of the Russian Federation, or bodies of local self-government of the constituent entity of the Russian Federation, to the constitution (charter) of the constituent entity of the Russian Federation, as well as for the interpretation of the constitution (charter) of the constituent entity of the Russian Federation.
2. Financing of the constitutional (charter) court of a constituent entity of the Russian Federation shall be effected from the budget of the corresponding constituent entity of the Russian Federation.
3. The constitutional (charter) court of a constituent entity of the Russian Federation shall examine issues assigned to its competence in accordance with the procedure established by the law of the constituent entity of the Russian Federation.
4. The decision of a constitutional (charter) court of a constituent entity of the Russian Federation, adopted within the limits of its authorities, shall  not be reviewed by another court.

Article 28. Justices of the peace
1. Justices of the peace, within the limits of their competence, shall examine civil, administrative and criminal cases as a court of first instance.
2. The authorities , procedure for the activities of justices of the peace shall be established by federal law and the law of the constituent entity  of the Russian Federation.

 Chapter 4. Concluding provisions


Article 29. Bodies of the judicial community
1. Bodies of the judicial community shall be formed in accordance with the procedure established by federal law for the expression of the interests of judges as the bearers of judicial power.
2. The highest body of the judicial community shall be the All-Russia Congress of Judges, which shall form the Council of Judges of the Russian Federation and the Higher Qualification Board of Judges of the Russian Federation.
3. The competence and the procedure for the formation of the bodies of the judicial community shall be established by federal law.

Article 30. Support for the activities of courts
1. Support for the activities of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation shall be provided by the administrative personnel  of those courts.
2. Support for the activities of other courts of general jurisdiction shall be provided by the Judicial Department under the Supreme Court of the Russian Federation.
3. Support for the activities of other arbitration courts shall be provided  by the Supreme Arbitration Court of the Russian Federation.

Article 31. Judicial Department under the Supreme Court of the Russian Federation
1. The Judicial Department under the Supreme Court of the Russian Federation and bodies included in its system shall organizationally support the activities of courts of general jurisdiction and bodies of the judicial community, and shall provide necessary resources for their use.
2. The director of the Judicial Department under the Supreme Court of the Russian Federation shall be appointed to the position and dismissed from the position by the Chairman of the Supreme Court of the Russian Federation with the consent of the Council of Judges of the Russian Federation.
3. Employees of the Judicial Department under the Supreme Court of the Russian Federation shall be State civil servants.  They shall be assigned class ranks and other special titles.
4. The Judicial Department under the Supreme Court of the Russian Federation shall be a legal entity.
5. The structure, authorities and procedure for the activities of the Judicial Department under the Supreme Court of the Russian Federation and bodies included in its system shall be established by the federal law.

Article 32. Court administrations
1. Court administrations shall support the work of courts and shall be subordinate to the chairmen of the corresponding courts.
2. Employees of court administrations shall be State civil servants, and they shall be assigned class ranks and other special titles, and in military courts military titles may also be assigned.

Article 33. Financing of courts
1. Financing of courts must provide opportunity for full and independent administration of justice in accordance with federal law.
2. Financing of the Constitutional Court of the Russian Federation, courts of general jurisdiction, arbitration courts and justices of the peace shall be performed on the basis of norms established by federal law and indicated in separate line items in the federal budget.
3. The Government of the Russian Federation shall draft the federal budget with respect to financing courts in conjunction with the chairmen of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, the director of the Judicial Department under the Supreme Court of the Russian Federation and with the Council of Judges of the Russian Federation.  In the event of disagreements, the Government of the Russian Federation shall attach to the federal budget the proposals of the relevant courts, of the Judicial Department under the Supreme Court of the Russian Federation and the Council of Judges of the Russian Federation, together with their conclusion.
4. Representatives of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, the Council of Judges of the Russian Federation and the director of the Judicial Department under the Supreme Court of the Russian Federation shall have the right to participate in the discussion of the federal budget in the Federal Assembly of the Russian Federation.
5. The amount of budget funds allocated to financing courts in the current financial year or subject to allocation for the next financial year may be reduced only with the consent of the All-Russia Congress of Judges or the Council of Judges of the Russian Federation.

Article 34. Symbols of State authority in courts
1. The State Flag of the Russian Federation shall be installed in court buildings, and the State Flag of the Russian Federation and the image of the State Seal of the Russian Federation shall be placed in courtrooms.  The flag of a constituent entity of the Russian Federation may also be installed at court buildings, and the flag and image of the seal of the constituent entity of the Russian Federation may be displayed in courtrooms.
2. When administering justice, judges shall be in robes or have another distinguishing sign of their position.

 Chapter 5. Procedure for the entry of this Federal Constitutional Law into force


Article 35. Term for the entry into force of this Federal Constitutional Law
1. This Federal Constitutional Law shall enter into force as from January 1, 1997.
2. The Law of the RSFSR of July 8, 1981 «On the Judicial System of the RSFSR» with subsequent amendments and additions (Vedomosti of the Supreme Soviet of the RSFSR, 1981, No. 28, art. 976; Vedomosti of the Congress of Peoples' Deputies and the Supreme Soviet of the Russian Federation, 1992, No. 27, art. 1560; No. 30, art. 1794; 1993, No. 33, art. 1313; Collected Legislation of the Russian Federation, 1994, No. 32, art. 3300), shall be applicable to the extent that it does not contravene this Federal Constitutional Law.
3. The Statute on Military Tribunals, as amended by Law of the USSR of June 25, 1980 (Vedomosti of the Supreme Soviet of the USSR, 1980, No. 27, art. 546) shall be applicable to the extent that it does not contravene this Federal Constitutional Law.
4. Part 2 of
Article 33 of this Federal Constitutional Law with respect to the financing of courts on the basis of norms shall enter into force from the date of the entry into force of a corresponding law.
5. Until the entry into force of a federal constitutional law on military courts, financing and material and technical support for military courts shall be carried out in accordance with the procedure established by the Federal Law «On Certain Issues of the Organization and Activities of Military Courts and Bodies of Military Justice».

Article 36. Special considerations for court proceedings in courts of general jurisdiction after the entry into force of this Federal Constitutional Law
1. District (city) courts formed prior to the entry into force of this Federal Constitutional Law shall be considered to be district courts.
2. Courts which are examining cases in appeals or cassation proceedings shall be superior in relation to courts of first instance.  Courts which are examining cases in supervisory proceedings shall be considered superior in relation to the courts which previously adopted decisions on the cases.
3. The entry into force of this Federal Constitutional Law shall not give rise to changes in the composition of courts for cases whose consideration began earlier.

Article 37. Terms of authorities of judges, as well as Peoples’ and arbitration assessors
 With the entry into force of this Federal Constitutional Law, the judges of all courts of the Russian Federation, as well as Peoples’ and arbitration assessors, shall retain their authorities until the expiry of the term for which they were elected (appointed).

Article 38. Procedure for financing measures to reform the court system
1. Expenditures for financing measures connected with reforming the court system shall be specified in a separate line item in the federal budget.
2. As of January 1, 1997 the staff of subdivisions of the Ministry of Justice of the Russian Federation proportionate to that portion of their work which is connected with financing and supporting the activity of courts, with the exception of military courts, shall be transferred to the Judicial Department under the Supreme Court of the Russian Federation with the opening for the same time of financing for the Judicial Department under the Supreme Court of the Russian Federation directly from the federal budget in the amount of the funds released as a result of reducing the number of staff in corresponding subdivisions of the Ministry of Justice of the Russian Federation.

President
of the Russian Federation
B. YELTSIN


Moscow, the Kremlin
No. 1-FKZ of December 31, 1996

The Supreme Court of the Russian Federation

Judicial System of the Russian Federation and the Supreme Court of the Russian Federation
Russia's Judiciary

RESOLUTION.
ADOPTED BY THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION No 5, 10 October 2003