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Law on the Status of Judges — Supreme Court of the Russian Federation

Law on the Status of Judges

DISCLAIMER:

Please note that this publication is for information only and therefore does not constitute the official text of the law. In order to consult the authoritative version of this law, please turn to the original text of the Law on the Status of Judges in the Russian Federation. 

 

[translated as of November 2014] 

 

Law on the Status of Judges in the Russian Federation

Law of 26th June, 1992, No. 3132-1

 

Article 1. Judges as Bearers of Judicial Power

1. Judicial power in the Russian Federation belongs only to the courts, represented by judges and representatives of the people, drawn to participation in the administration of justice in cases stipulated in law.
2. Judicial power is autonomous and acts independently of the legislative and the executive powers.
3. In accordance with this Law, judges are persons empowered, in the constitutional manner, to administer justice, who perform their duties on a professional basis.
4. Judges are independent and obey only the Constitution of the Russian Federation and the law. They are not accountable to anybody in their activities regarding the administration of justice.
5. Contempt of court or of judges is punishable by law.
6. The requests and directions of a judge, made in the exercise of judicial powers, are binding for all state bodies, non-governmental organizations, officials and other legal and private persons. Any information, documents and their copies, necessary for the administration of justice, are to be granted free of charge at the request of a judge. Non-fulfillment of requests and directions of a judge is punishable by law.

Article 2. Universal Status of Judges

1. All judges of the Russian Federation have the same status. Features of legal position of some categories of judges, including the judges of military courts, are determined by federal laws, and in cases stipulated in federal laws – also by the laws of the constituent entities of the Russian Federation.

The features of the legal position of judges of the Constitutional Court of the Russian Federation are determined by a federal constitutional law.

2. Judges receive qualification classes in the manner, stipulated in this Law, depending on their position, length of service as judges and other circumstances stipulated in law. Conferment of a qualification class on a judge does not alter the status of the judge in respect of other judges in the Russian Federation.


Article 3. Requirements to Judges

1. Judges must observe the Constitution of the Russian Federation, federal constitutional laws and federal laws at all times. Judges of a constitutional (charter) court of a constituent entity of the Russian Federation, justices of the peace must also observe the constitution (charter) of the constituent entity of the Russian Federation, the laws of the constituent entity of the Russian Federation.
2. In the exercise of their powers, as well as in their private lives, judges must avoid everything that may diminish their dignity, diminish the authority of the judiciary or raise doubts regarding their objectiveness, fairness and impartiality.

In case of a conflict of interest, a judge, participating in the proceedings in a case, is obliged to declare a self-recusal or inform the participants of proceedings of the situation.

A conflict of interest is a situation, in which the (direct or indirect) personal interest of a judge influences or may influence the due performance of the judge’s professional duties, and in which a conflict arises or may arise between the personal interests of a judge and the rights and lawful interests of citizens, organizations, of a legal person, a municipal entity, a constituent entity of the Russian Federation or of the Russian Federation, which may violate the rights and lawful interests of citizens, organizations, of a legal person, a municipal entity, a constituent entity of the Russian Federation or of the Russian Federation.

A personal interest of a judge which influences or may influence the due performance of the judge’s professional duties is the possibility of receipt of income by the judge in the performance of duties, in the form of material gains or of another undue advantage directly for the judge or for the members of the judge’s family or for other persons and organizations, with which the judge is affiliated through financial or other obligations.

3. Judges have no right:

1) to occupy other public positions, positions of the state service, municipal positions, positions of the municipal service, to serve as adjudicators or arbitrators;

2) to be members of political parties, to provide material support for the aforementioned parties or to participate in their political actions or in any other political activities;

3) to publicly state their opinion regarding political parties and other non-governmental organizations;

4) to engage in entrepreneurial activities in person or through vicarious agents; this includes participation in the management of economic entities, independent from their organizational and legal forms;

5) to engage in any other type of remunerated activities, except for teaching, scientific and other artistic activities. Such engagement must not hinder the performance of judicial duties and cannot serve as a good reason for absence from a court session, unless prior consent was given by the president of the corresponding court (for a justice of the peace – by the president of the corresponding district court, for a court president – by the presidium of the corresponding court or, in the absence of such a presidium – by the presidium of a superior court). Herewith, such teaching, scientific or other artistic activities cannot be fully financed by foreign states, international and foreign organizations, foreign citizens or stateless persons, unless otherwise stipulated in the legislation of the Russian Federation, the international treaties of the Russian Federation or in mutual agreements of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the constitutional (charter) court of a constituent entity of the Russian Federation with the corresponding foreign courts, international and foreign organizations;

5.1) to open and have accounts (deposits), keep money and valuables in foreign banks, located outside the territory of the Russian Federation, to own and (or) use foreign financial instruments. The same applies to spouses and minor children of judges;

6) to act as agents or representatives in the interests of private or legal persons (except for cases of legal representation[1]);

7) to publicly comment issues that are subject matter of judicial proceedings before the entry into force of a judicial act regarding those issues;

8) to use the means of material and technical, financial and informational support, provided for professional activities, for purposes unrelated to the exercise of judicial powers;

9) to divulge inside information or data, classified in accordance with federal law as restricted access information, which the judges learn in the exercise of their powers, or to use such information or data for purposes unrelated to the exercise of judicial powers;

10) to receive remuneration in connection with the exercise of judicial powers, which is not stipulated in the legislation of the Russian Federation (loans, monetary and other types of remuneration, services, coverage of expenses for entertainment, holidays and transportation), from private and legal persons. Gifts received by a judge in connection with official social events, official business trips and other official events are deemed federal property or the property of a constituent entity of the Russian Federation and are handed over by the judge to the court in which the judge occupies her/his position, with the use of a special form, except for cases stipulated in the legislation of the Russian Federation. A judge who hands over a gift, received in connection with an official social event, an official business trip or another official event, may repurchase it in the manner stipulated in the normative legal acts of the Russian Federation;

11) to accept, without the consent of the corresponding qualification board of judges, honorary titles and special ranks, awards and other decorations (except for those in the spheres of science and sports) from foreign states, political parties, other non-governmental organizations and legal persons;

12) to go on official business trips outside the Russian Federation at the expense of private and legal persons; except for official business trips, organized in accordance with the legislation of the Russian Federation, the international treaties of the Russian Federation or the mutual agreements of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Council of Judges of the Russian Federation, the constitutional (charter) court of a constituent entity of the Russian Federation with the corresponding foreign courts, international and foreign organizations;

13) to be members of management bodies, boards of trustees or supervisory boards, other bodies of foreign non-commercial non-governmental organizations, acting on the territory of the Russian Federation, or of their units, unless otherwise stipulated in the legislation of the Russian Federation, the international treaties of the Russian Federation or in mutual agreements of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the constitutional (charter) court of a constituent entity of the Russian Federation with the corresponding foreign courts, international and foreign organizations;

14) to cease the performance of professional duties in order to settle labor law disputes.

4. A retired judge, who has a length of service over 20 years or has reached the age of 55 years (50 years for women), may be employed by public authorities, local government bodies, state and municipal enterprises, trade unions and other non-governmental organizations, and may also work as an assistant to a deputy of the State Duma or to a member of the Council of the Federation of the Federal Assembly of the Russian Federation, or as an assistant to a deputy of the legislative (representative) body of a constituent entity of the Russian Federation, but may not work as a state prosecutor, investigator or an inquiry officer, may not engage in the practice of law or notarial activities. Requirements, stipulated in Subitems 1 (as regards public positions, positions of the state service, municipal positions and positions of the municipal service), 11 and 12 of Item 3 of this Article do not apply to retired judges.

If a retired judge engages in activities, allowed to retired judges in accordance with this Item, the guarantees of immunity, stipulated in Article 16 of this Law, do not apply to that judge for the time of such engagement; the membership of the judge in the judiciary is suspended for the said period of time.


Article 4. Requirements to Judicial Candidates

1. A citizen of the Russian Federation may be a judge, if the following requirements are fulfilled:

1) the candidate has a law degree;

2) the candidate never suffered conviction, or criminal proceedings against the candidate were terminated on exonerative grounds;

3) the candidate is not a citizen of a foreign state; does not have a residence permit or another document, confirming the right of a citizen of the Russian Federation to be permanently resident on the territory of a foreign state;

4) the candidate has not been recognized by a court as legally incapable or legally impaired;

5) the candidate is not registered in a narcological or psychoneurologic dispensary in connection with alcoholism, drug addiction or substance abuse treatment, treatment for persistent or chronic psychiatric disorders;

6) the candidate does not have any other illnesses precluding the exercise of judicial powers.

2. If the requirements, stipulated in Item 1 of this Article, are fulfilled:

1) a citizen, who has reached the age of 40 years and has a length of service in the field of law of at least 15 years, can be a judge of the Constitutional Court of the Russian Federation;

2) a citizen, who has reached the age of 35 years and has a length of service in the field of law of at least 10 years, can be a judge of the Supreme Court of the Russian Federation;

3) a citizen, who has reached the age of 30 years and has a length of service in the field of law of at least 7 years, can be a judge of a supreme court of a republic, a territorial court, a regional court, of a court of a federal city, an autonomous region, an autonomous circuit, of a circuit military court (a military court of a fleet), of a commercial court of a circuit, an appellate commercial court, a specialized commercial court;

4) a citizen, who has reached the age of 25 years and has a length of service in the field of law of at least 5 years, can be a judge of a commercial court of a constituent entity of the Russian Federation, a constitutional (charter) court of a constituent entity of the Russian Federation, a district court, a garrison military court or a justice of the peace.

3. Other requirements to judicial candidates in the Russian Federation may be stipulated in a federal constitutional law or a federal law.

4. A person, suspected or accused of committing a crime, cannot be a judicial candidate.

5. The length of service in the field of law, necessary for judicial appointment, includes the time of work:

1) in state positions of the Russian Federation; state positions of constituent entities of the Russian Federation; positions of the state service; municipal positions; positions in the state bodies of the USSR, of union republics of the USSR, of the Russian Soviet Federative Socialist Republic and of the Russian Federation, which existed before the adoption of the Constitution of the Russian Federation; in positions in legal departments of organizations and positions in scientific organizations, if a law degree was required to work in the aforementioned positions;

2) as a professor of law within the framework of professional education programs; in legal practice or as a notary.


Article 4.1. Medical Inspection of Judicial Candidates

Judicial candidates undergo medical inspection in order to confirm the absence of illnesses precluding judicial appointment. The list of illnesses precluding judicial appointment is adopted by a decision of the Council of Judges of the Russian Federation on proposal of the federal healthcare authority. The form of the document, certifying the absence of illnesses precluding judicial appointment is adopted by the federal healthcare authority.


Article 5. Selection of Judicial Candidates

1. Judicial candidates are selected on a competition basis.

2. If a vacant position opens in a court, the president of the court informs the corresponding qualification board of judges about that no later than 10 days after the opening of the position.

No later than 10 days after receipt of information from the court president, the qualification board of judges announces the opening of the vacant position in the mass media, stating the time and place of submission of applications by judicial candidates, as well as the time and place of consideration of the applications.

2.1. Examination commissions, tasked with conducting judicial qualification examinations (hereinafter referred to as examination commissions), are formed in order to assess, whether the judicial candidates have the knowledge, skills and abilities, necessary to work as judges of courts of certain types and levels.

2.2. The manner of formation of examination commissions, their powers and the procedure of the judicial qualification examination are stipulated in Federal Law “On Bodies of the Judiciary in the Russian Federation” of March 14th, 2002, No. 30-FZ.

3. Any citizen, who has reached the age, stipulated in this Law, has a law degree, the necessary length of service in the field of law and does not have any illnesses precluding judicial appointment, has a right to pass the judicial qualification examination by submitting an application to the corresponding examination commission. The aforementioned application is accompanied by:

  • an original of the identification document of a citizen of the Russian Federation or its copy;
  • a questionnaire with the candidate’s biographical details;
  • an original of the document, confirming the candidate’s law degree, or its copy;
  • the original of the employment record book or of another document, confirming the professional experience of the candidate, or its copy;
  • a document, certifying the absence of illnesses precluding judicial appointment.

An examination commission cannot refuse to conduct the judicial qualification examination of a judicial candidate, who presented the documents, stipulated in this Article, or their copies.

4. If the conclusion on the recommendation of a judicial candidate for a position of a judge is given by the High Qualification Board of Judges of the Russian Federation, the judicial qualification examination is conducted by the High Judicial Qualification Examination Commission. If the conclusion on the recommendation of a judicial candidate for a position of a judge is given by a qualification board of judges of a constituent entity of the Russian Federation, the judicial qualification examination is conducted by the corresponding examination commission of a constituent entity of the Russian Federation.

The judicial qualification examination for positions in the Commercial Court of the City of Saint-Petersburg and Leningrad Region is conducted by the judicial qualification examination commission of Saint-Petersburg.

5. The judicial qualification examination must be passed by all candidates, who are not judges, except for citizens who have a scientific degree of a candidate of science in law or of a doctor of science in law and an honorary title “Honored Lawyer of the Russian Federation”. The results of the qualification examination are effective for three years after it is passed, and if a citizen is appointed judge – for the duration of service as judge.

6. After passing the qualification examination, a citizen, satisfying the requirements to judicial candidates, stipulated in this Law, may apply to the corresponding qualification board of judges to receive a recommendation for the vacant position of a judge. The aforementioned application to the qualification board of judges is accompanied by:

1) an original of the identification document of a citizen of the Russian Federation or its certified copy;

2) a questionnaire with the candidate’s biographical details. Apart from other information, the questionnaire should state the absence of circumstances, precluding the candidate from exercising judicial powers and listed in Subitems 2-6 of Item 1, in Item 5 of Article 4 of this Law, as well as the name, surname, patronymic, date and place of birth of every member of the candidate’s family;

3) an original of the document, confirming the candidate’s law degree, or its certified copy;

4) the original of the employment record book or of another document, confirming the professional experience of the candidate, or its certified copy;

5) a document, certifying the absence of illnesses precluding judicial appointment;

6) information about the results of qualification examination (not submitted by citizens, exempt from judicial qualification examination in accordance with Item 5 of this Article);

7) reference letters from the places of previous employment (service) for the last five years of employment (service). If the candidate has not been working in the field of law for the last five years (in whole or in part), reference letters are to be additionally provided from places of previous employment (service) in the field of law for the last five years of such employment (service). A reference letter must be issued to a candidate within seven days from the day of request;

8) information regarding the income of the candidate, the candidate’s spouse and minor children, the property, belonging to them on the right of ownership, and their property obligations. This information is submitted with the use of forms, provided in Annexes 1 and 2 to this Law.

7. The qualification board of judges organizes the verification of the documents and information, referred to in Item 6 of this Article. The qualification board of judges may request the corresponding bodies to verify the submitted documents and information. The said bodies are obliged to respond the request within the time, determined by the board, but no later than within two months since the receipt of the aforementioned request.

8. The qualification board of judges considers the applications of all judicial candidates, the results of verification of documents and information, referred to in Item 6 of this Article, and, with regard to the results of the qualification examination, adopts a decision on recommending one or more citizens as candidates for the position of a judge. If the verification of documents and information, referred to in Item 6 of this Article, proves them to be false, the citizen that submitted such documents and information cannot be recommended for the position of a judge.

A close relative (spouse, parent, child, sibling, grandparent, grandchild, as well as a parent, child or sibling of a spouse) of a president or deputy president of a court cannot be a candidate for the position of a judge in that court.

When resolving the issue of recommending a citizen for the position of a judge, the qualification board of judges takes into account the candidate’s length of service as judge, previous work at enforcement agencies, whether the candidate has state or agency awards, an honorary title “Honored Lawyer of the Russian Federation”, a scientific degree of a candidate of science in law or of a doctor of science in law, and, as regards acting judges, also the quality and effectiveness of consideration of cases. If there is more than one candidate for the position of a judge of a specialized commercial court, the board takes into account whether the candidates have qualifications corresponding to the court’s specialization.

If none of the judicial candidates satisfy the requirements, stipulated in this Law, the qualification board of judges adopts a reasoned decision on refusal to give a recommendation regarding each of the candidates and announces, in the mass media, a new time and place of submission and consideration of judicial candidates’ applications.

The decision of the qualification board of judges on the refusal to give a recommendation can be appealed in court, if the board violated the manner of selection of judicial candidates, stipulated in this Law. The appeal may regard the violation of manner of selection of judicial candidates as well as the substance of the decision.

9. If the qualification board of judges decides to recommend a judicial candidate, the decision is forwarded to the president of the corresponding court within ten days after its adoption. If the president of the court agrees with the decision, he, within 20 days after receipt of the decision and in the stipulated manner, forwards a proposal regarding the appointment of the recommended person as judge.

If the court president does not agree with the decision of the qualification board of judges, he, within 20 days after receipt of the decision, forwards it back to the board for reconsideration, stating the grounds for disagreement. If, after the consideration of the appealed decision by the qualification board of judges, it is upheld by two thirds of the board’s members, the court president must forward a proposal regarding the appointment of the recommended person as judge within 10 days after receipt of the new decision.

10. If, after a person has been recommended for the position of a judge, it is discovered that the aforementioned person violated the requirements of Subitems 1 and 5 of Article 4 of this Law, the qualification board of judges immediately revokes its decision and informs:

1) the President of the Russian Federation – if the decision to recommend a candidate for the position of a judge of a federal court is revoked;

2) the legislative (representative) body of a constituent entity of the Russian Federation – if the decision to recommend a candidate for the position of a judge of a constitutional (charter) court of a constituent entity or for the position of a justice of the peace is revoked;

3) the person, the decision on recommendation for the position of a judge in whose regard is revoked.

11. If, after the proposal regarding the appointment of the recommended person as judge has been forwarded, it is discovered that the aforementioned person violated the requirements of Subitems 1 and 5 of Article 4 of this Law, the president of the corresponding court immediately revokes the proposal.

Article 6. Vesting of Judicial Powers

1. Judges of the Supreme Court of the Russian Federation are appointed by the Council of the Federation of the Federal Assembly of the Russian Federation on proposal of the President of the Russian Federation, based on the proposal of the Chief Justice of the Supreme Court of the Russian Federation.

2. Judges of commercial courts of circuits and of specialized commercial courts are appointed by the President of the Russian Federation on proposal of the Chief Justice of the Supreme Court of the Russian Federation, forwarded to the President of the Russian Federation no later than 30 days after receipt of the proposal regarding the appointment of the recommended person as judge from the president of the corresponding court.

3. Judges of other federal courts of general jurisdiction and of commercial courts are appointed by the President of the Russian Federation on proposal of the Chief Justice of the Supreme Court of the Russian Federation, forwarded to the President of the Russian Federation no later than 30 days after receipt of the proposal regarding the appointment of the recommended person as judge from the president of the corresponding court.

4. Judges of military courts are appointed by the President of the Russian Federation on proposal of the Chief Justice of the Supreme Court of the Russian Federation, if there is a positive conclusion of the High Qualification Board of Judges of the Russian Federation. The aforementioned proposal is forwarded to the President of the Russian Federation no later than 30 days after receipt of the proposal regarding the appointment of the recommended person as judge from the president of the corresponding court.

5. Within two months after receipt of the necessary materials, the President of the Russian Federation either appoints the judges of federal courts, proposes the candidates for the positions of judges of the Supreme Court of the Russian Federation to the Council of the Federation of the Federal Assembly of the Russian Federation for appointment or rejects the proposed candidacies, of which the Chief Justice of the Supreme Court of the Russian Federation is informed.

6. A judicial candidate may be appointed judge only if there is a positive conclusion of the corresponding qualification board of judges.

A judge may be appointed to a position similar to her/his own at another court of the same level by virtue of an application and in the manner, stipulated in this Law. In the same manner, a judge of a federal court may be appointed to a position similar to her/his own at a lower court. The requirement stipulated in the first paragraph of this Item does not apply in the abovementioned cases.

7. Abrogated.

7.1. If it is discovered that a person appointed (elected) judge was not satisfying the requirements stipulated in Item 1 of Article 4 of this Law at the moment of appointment (election), the corresponding qualification board of judges considers, in the manner stipulated in federal law, the issue of removal of such a judge.

8. No later than six months before a judge of a federal court reaches the age limit for judges and no later than 10 days after a vacant position of a judge opens as a result of a judge’s removal, the corresponding qualification board of judges announces the opening of a vacant position of a judge in the mass media, indicating the time and date of submission of applications by judicial candidates, as well as the time and date of consideration of those applications.


          Article 6.1. Vesting of Presidents and Deputy Presidents of Courts with Judicial Powers and the Termination of Their Powers

1. The President of the Constitutional Court of the Russian Federation and his deputies are appointed in the manner stipulated in Federal Constitutional Law “On the Constitutional Court of the Russian Federation”.

2. The Chief Justice of the Supreme Court of the Russian Federation is appointed, for a six-year term, by the Council of the Federation of the Federal Assembly of the Russian Federation on proposal of the President of the Russian Federation, if there is a positive conclusion of the High Qualification Board of Judges of the Russian Federation.

The High Qualification Board of Judges of the Russian Federation presents the aforementioned conclusion to the President of the Russian Federation no later than two months before the expiration of powers of the Chief Justice of the Supreme Court of the Russian Federation and no later than three months after the opening of the vacant position in case of his removal.

3. First Deputy Chief Justice of the Supreme Court of the Russian Federation, Deputy Chief Justices of the Supreme Court of the Russian Federation – Chairmen of the Judicial Chambers of the Supreme Court of the Russian Federation (hereinafter referred to as Deputy Chief Justices of the Russian Federation) are appointed, for six-year terms, by the Council of the Federation of the Federal Assembly of the Russian Federation on proposal of the President of the Russian Federation, based on proposal of the Chief Justice of the Supreme Court of the Russian Federation, if there is a positive conclusion of the High Qualification Board of Judges of the Russian Federation.

The Chief Justice of the Supreme Court of the Russian Federation forwards the aforementioned proposal to the President of the Russian Federation no later than two months before the expiration of powers of a Deputy Chief Justice of the Supreme Court of the Russian Federation and no later than three months after the opening of a vacant position in case of removal of the said person.

4. The President of the Russian Federation forwards the proposal regarding the appointment of the Chief Justice of the Supreme Court of the Russian Federation or of a Deputy Chief Justice of the Supreme Court of the Russian Federation to the Council of the Federation of the Federal Assembly of the Russian Federation no later than 14 days before the expiration of their powers and no later than six months after the opening of a vacant position in case of removal of the aforementioned persons.

5. The Council of the Federation of the Federal Assembly of the Russian Federation considers the issue of appointment of the Chief Justice of the Supreme Court of the Russian Federation or of a Deputy Chief Justice of the Supreme Court of the Russian Federation within a term, not exceeding 14 days after receipt of the proposal of the President of the Russian Federation.

6. Presidents, deputy presidents of supreme courts of republics, territorial courts, regional courts, courts of federal cities, of a court of an autonomous region, courts of autonomous circuits, of military courts are appointed for six-year terms by the President of the Russian Federation on proposal of the Chief Justice of the Supreme Court of the Russian Federation, if there is a positive conclusion of the High Qualification Board of Judges of the Russian Federation.

The Chief Justice of the Supreme Court of the Russian Federation forwards the aforementioned proposal to the President of the Russian Federation no later than two months before the expiration of powers of the president or deputy president of the corresponding court and no later than three months after the opening of a vacant position in case of removal of the said persons.

7. Presidents, deputy presidents of commercial courts of circuits, appellate commercial courts, commercial courts of constituent entities of the Russian Federation, of specialized commercial courts are appointed for six-year terms by the President of the Russian Federation on proposal of the Chief Justice of the Supreme Court of the Russian Federation, if there is a positive conclusion of the High Qualification Board of Judges of the Russian Federation.

The Chief Justice of the Supreme Court of the Russian Federation forwards the aforementioned proposal to the President of the Russian Federation no later than two months before the expiration of powers of a president or deputy president of the corresponding court and no later than three months after the opening of a vacant position in case of removal of the said persons.

8. Presidents, deputy presidents of district courts are appointed for six-year terms by the President of the Russian Federation on proposal of the Chief Justice of the Supreme Court of the Russian Federation, if there is a positive conclusion of the corresponding qualification board of judges of a constituent entity of the Russian Federation.

The Chief Justice of the Supreme Court of the Russian Federation forwards the aforementioned proposal to the President of the Russian Federation no later than two months before the expiration of powers of the president or deputy president of the corresponding court and no later than three months after the opening of a vacant position in case of removal of the said persons.

9. In case of rejection of their candidacies, candidates for the positions of presidents and deputy presidents of courts may be proposed for appointment to the same courts no earlier than in a year, in the manner stipulated in this Article.

10. Presidents, deputy presidents of constitutional (charter) courts of constituent entities of the Russian Federation are appointed in the manner, stipulated in the laws of the corresponding constituent entities of the Russian Federation.

11. The powers of presidents and deputy presidents of courts are terminated upon the expiration of terms of their appointment.

The aforementioned powers may also be prematurely terminated by a decision of the corresponding qualification board of judges due to the non-performance or undue performance of duties, stipulated in federal constitutional laws and in this Law, by the presidents and deputy presidents of courts.

After the termination of powers of a president or a deputy president, such a person retains the powers of a judge of the court in which he/she served as a president or a deputy president.

The powers of a president or a deputy president of a court are suspended or terminated as a result of suspension or termination of the said person’s powers of a judge of the corresponding court.

If a person, who is not a judge of a court, is appointed president or deputy president of that court, and there is no vacant position of a judge in the court, the number of judicial staff of the court is increased by virtue of an application of the outgoing president or deputy president of the corresponding court.

12. No later than six months before the expiration of powers of a president or a deputy president of a court and no later than 10 days from the opening of a vacant position in case of removal of the aforementioned persons, the corresponding qualification board of judges announces the opening of a vacant position in the mass media, indicating the time and date of submission of applications by judicial candidates, as well as the time and date of consideration of those applications.

13. A president, a deputy president of a district court may appeal the decision on their removal before the High Qualification Board of Judges of the Russian Federation within 10 days after receipt of a copy of the aforementioned decision. A president, a deputy president of another federal court may appeal the decision on their removal before the Supreme Court of the Russian Federation within 10 days after receipt of a copy of the aforementioned decision. The decision of the High Qualification Board of Judges of the Russian Federation may be appealed before the Supreme Court of the Russian Federation within the same term.

14. One and the same person may be appointed president (deputy president) of one and the same court more than once, but not more than two times in a row, unless otherwise stipulated in the corresponding federal constitutional law.


          Article 6.2. Powers of Presidents and Deputy President of Courts

1. A president of a court, apart from exercising the powers of a judge of the corresponding court and the procedural powers, stipulated for presidents of courts in federal constitutional laws and federal laws:

1) organizes the work of the court;

2) sets the internal rules of the court, based on model rules of courts, adopted by the Council of Judges of the Russian Federation, and controls their fulfillment;

3) distributes duties among deputy presidents and, in the manner stipulated in federal law, among judges;

4) organizes the further professional education of judges;

5) performs the general management of the court staff, which includes appointing and discharging members of staff, distributing duties among them, resolving the issues of commendation or disciplinary punishment, organizing the further professional education of the members of staff;

6) informs the judges and the court staff about the activities of the court and of its president on a regular basis;

7) exercises other powers regarding the organization of the work of the court.

1.1. In order to guarantee a balanced workload of justices of the peace, a president of a district court, apart from exercising the powers and functions stipulated in Item 1 of this Article, has the right to issue a motivated decree on the transfer of a share of statements of claims, of a share of criminal cases, civil cases and cases regarding administrative offences from one justice of the peace of a judicial sub-district to a justice of the peace of another judicial sub-district of the same district, if the workload of the former justice of the peace is higher than the average workload of justices of the peace within the judicial district.

2. A deputy president of a court, apart from exercising the powers of a judge of the corresponding court and the procedural powers, stipulated for deputy presidents of courts in federal constitutional laws and federal laws, exercises the powers of organizing the work of the court in accordance with the distribution of duties, established by the president of the court.

3. In case of absence of a president of a court, the duties of the president are carried out by one of the deputy presidents, on instructions of the president. If the court president does not have any deputies, the president’s duties are carried out by one of the judges of the court, on instructions of the president.

4. In case of suspension or termination of powers of a president of a court, except for the President of the Constitutional Court of the Russian Federation, the powers of the president are exercised by one of the deputy presidents (or, in case of absence of deputy presidents, by one of the judges of the court), according to the decision of the Chief Justice of the Supreme Court of the Russian Federation.

In case of suspension or termination of powers of a deputy president of a court, except for the Deputy President of the Constitutional Court of the Russian Federation, the powers of the deputy president are exercised by another deputy president (or, in case of absence of another deputy president, by one of the judges of the court), on instructions of the president of the court.


Article 7. Abrogated.

Article 7.1. Exercise of Judicial Powers

1. If there is a vacant position of a judge in a court, or there is a significant temporary increase of workload in the court, or in case of absence of a judge of the court or the suspension of that judge’s powers, a retired judge with a length of service as judge over 10 years (honorable judge), who is not registered in a narcological or psychoneurologic dispensary in connection with alcoholism, drug addiction or substance abuse treatment, treatment for persistent or chronic psychiatric disorders, does not have any other illnesses precluding the exercise of judicial powers, may be, with her/his consent, drawn to the administration of justice as a judge (except for the execution of powers of a judge of the Constitutional Court of the Russian Federation), for a term up to one year.

2. A retired judge of a federal court is drawn to the exercise of powers of a judge of a federal court by the president of a superior court, if there is a positive conclusion of a qualification board of judges, and the aforementioned judge presents a document, certifying the absence of illnesses precluding judicial appointment.

3. A retired judge is drawn to the exercise of powers of a justice of the peace by virtue of a decision of a legislative (representative) body of a constituent entity of the Russian Federation on proposal of the president of the corresponding supreme court of a republic, a territorial court, a regional court, of a court of a federal city, of a court of an autonomous region, autonomous circuit, if there is a positive conclusion of a qualification board of judges, and the aforementioned judge presents a document, certifying the absence of illnesses precluding judicial appointment.


Article 8. Judicial Oath

1. A judge, appointed for the first time, takes the following oath in solemn ceremony:
“I solemnly swear to perform my duties honestly and conscientiously, to administer justice obeying only the Law, to be objective and fair, as the duty of a judge and my conscience require".

2. Judges of the Supreme Court of the Russian Federation take their oaths at the meetings of Judges of the Supreme Court of the Russian Federation. Judges of other courts take their oaths at congresses (conferences) or at the meetings of judges.

3. Judges of federal courts take their oaths in front of the State Flag of the Russian Federation.

Judges of constitutional (charter) courts of the constituent entities of the Russian Federation, as well as justices of the peace, take their oaths in front of the State Flag of the Russian Federation and the flag of the constituent entity of the Russian Federation.


Article 8.1. Information Regarding the Income and Expense of a Judge, of the Judge’s Spouse and Minor Children; Regarding Property, Belonging to Them on the Right of Ownership; Their Property Obligations

1. Every year, no later than April 30th of the year, following the reporting year, a judge submits to the court in which he/she occupies the position of a judge, the information regarding her/his income, the property, belonging to her/him on the right of ownership, and her/his property obligations, as well as information regarding the income of the her/his spouse and their minor children, their property, belonging to them on the right of ownership, and their property obligations in forms, provided in Annexes 3 and 4 to this Law.

1.1. A judge is obliged to submit the information regarding her/his expense and the expense of her/his spouse and their minor children in cases and in the manner, stipulated in Federal Law “On Control of Matching of Income and Expense of Persons, Occupying State Positions, and of Other Persons” of December 3rd, 2012, No. 230-FZ, and, accordingly, by the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation.

2. The court verifies the credibility and fullness of information, referred to in Items 1 and 1.1 of this Article, in the manner, stipulated accordingly by the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, the normative legal acts of the Russian Federation.

3. The Supreme Court of the Russian Federation may, if necessary, request the corresponding court to provide a copy of the aforementioned information, submitted by a judge, in order to conduct an additional verification.

3.1. An authorized department of the Presidential Executive Office may, upon decision of the President of the Russian Federation, the Chief of Staff of the Presidential Executive Office or a specially authorized official of the Presidential Executive Office, verify the credibility and fullness of information, referred to in Items 1 and 1.1 of this Article in the stipulated manner. The verification, stipulated in this Item, may be conducted independently from the verification, stipulated in Item 2 of this Article.

4. Information, referred to in Items 1 and 1.1 of this Article, may be given to all-Russian mass media for publication in the manner, stipulated in Annex 5 to this Law.

5. If a judge fails to submit the information, referred to in Items 1 and 1.1 of this Article, within the stipulated terms, or knowingly submits false information, disciplinary action may follow.

Article 9. Guarantees of Judicial Independence

1. The independence of a judge is guaranteed by:

  • the procedure of administration of justice, stipulated in law; a prohibition for anyone to interfere with the administration of justice, the violation of which is punishable by law;
  • the stipulated manner of suspension and termination of judicial powers;
  • the judge’s right to retirement;
  • the judge’s immunity;
  • the system of bodies of the judiciary;
  • the material and social support, corresponding to the high status of a judge, provided to the judge by the state.

2. Judges, members of their families and their property are under special protection of the state. Law enforcement agencies are obliged to take necessary action to ensure the security of a judge, of the members of the judge’s family and their property, if a corresponding application is received from the judge.

A judge has the right to keep and carry service firearms, issued to the judge by law enforcement agencies upon the judge’s application in the manner, stipulated in the Law of the Russian Federation “On Weapons”.

3. The Judicial Department at the Supreme Court of the Russian Federation and its branches in the constituent entities of the Russian Federation take measures to create conditions required for the judicial activities of courts of general jurisdiction and of commercial courts, their organizational, resource and personnel support.

4. All judges in the Russian Federation enjoy the guarantees of judicial independence, including the measures of legal defense of judges, measures of their material and social support, stipulated in this Law. These guarantees cannot be cancelled or decreased by other normative acts of the Russian Federation and of the constituent entities of the Russian Federation.


Article 10. Prohibition to Interfere with the Activities of a Judge

1. Any interference with the administration of justice by a judge is punishable by law. Non-procedural addresses to a judge regarding a case under the judge’s consideration or to the president, deputy president of a court, a head of a panel of judges or a chairman of a judicial panel regarding cases under the consideration of the court, are not allowed.

A non-procedural address is an address in written or oral form, made in cases, not stipulated in the legislation of the Russian Federation, by a state body, a local government body, another body, organization, official or citizen, that is not a participant of judicial proceedings, received by a judge and regarding the case under the consideration of that judge or received by a president, deputy president of a court, a head of a panel of judges or a chairman of a judicial panel and regarding cases under the consideration of the court. A non-procedural address is also an address by a participant of judicial proceedings, made in a form, not stipulated in the procedural legislation.

Information regarding non-procedural addresses, received by a judge and regarding the cases under consideration of that judge or received by a president, deputy president of a court, a head of a panel of judges or a chairman of a judicial panel and regarding cases under the consideration of the court, is to be made public and made known to the participants of judicial proceedings through placement of the aforementioned information on the official website of the court.

The manner of placement of information regarding non-procedural addresses on the websites of courts is determined by the Supreme Court of the Russian Federation and the Judicial Department at the Supreme Court of the Russian Federation.

2. A judge is not obliged to give any explanations regarding the matter of considered cases or cases under consideration of that judge, or to present them to anyone for information, except in the manner and in cases, stipulated in procedural law.


Article 11. Term of Office of a Judge

1. The powers of a judge of a federal court are not limited by a certain term.

The age limit for judges is 70 years, unless otherwise stipulated in a corresponding federal constitutional law. Another age limit may be stipulated for judges of constitutional (charter) courts of constituent entities of the Russian Federation by the laws of the corresponding constituent entities of the Russian Federation.

2. Abrogated.

3. A justice of the peace is appointed (elected) for the first time for a term stipulated in the law of the corresponding entity of the Russian Federation, but for no longer than 5 years. In cases of further appointment (election), a justice of the piece is appointed (elected) for a term stipulated in the law of the corresponding entity of the Russian Federation, but for no less than 5 years. If during the said term the justice of the peace will reach the age limit for judges, such a judge is appointed (elected) for the position of a justice of the peace until he/she reaches the age limit.

4. The terms of office and the age limits for judges of constitutional (charter) courts of constituent entities of the Russian Federation are stipulated in the laws of the corresponding entities of the Russian Federation.

5. A judge is considered to have entered the judicial office from the moment of giving the oath. If a person who gave the judicial oath earlier enters the judicial office, such a person is considered to have entered the judicial office from the day of appointment (election) as judge.

6. The powers of a judge of a federal court are terminated:

  • abrogated;
  • on the last day of the month, in which the judge reaches the age limit, stipulated in Item 1 of this Article;
  • on the day following the entry into force of a decision of the qualification board of judges regarding the removal of the judge.

A judge of a federal court, whose term of office has expired due to reaching the age limit for judges, continues to exercise judicial powers before the end of the consideration of the case, started with this judge’s participation, on its merits, or before the first appointment of a judge to the said court.

If there are several judges in a court, whose terms of office have expired due to reaching the age limit for judges, the judge, who acquired the grounds for the termination of judicial powers earlier than the others, is the first to stop the exercise of judicial powers.


Article 12. Irremovability of a Judge

A judge is irremovable. A judge cannot be transferred to another position or to another court without her/his consent. Judicial powers may only be terminated or suspended on the grounds and in the manner, stipulated in this Law.


Article 12.1. Disciplinary Liability of Judges

1. If a judge commits a disciplinary offence, i.e. a culpable act (culpable failure) in the performance of professional duties or in extraoccupational activities, violating the provisions of this Law and (or) the provisions of the Code of Judicial Ethics, adopted by the All-Russian Congress of Judges, which leads to the diminishing of authority of the judiciary and harms the reputation of a judge, a disciplinary punishment may be imposed upon that judge (except for a judge of the Constitutional Court of the Russian Federation) in the form of:

1) notice;

2) warning;

3) removal.

2. When a disciplinary punishment is imposed, the nature of the disciplinary offence, the circumstances and consequences of the offence, the form of guilt, the personality of the judge and the level of violation of rights and freedoms of citizens, of rights and lawful interests of organizations by the actions (failure to act) of that judge is taken into account.

3. Disciplinary punishment in the form of a notice may be imposed upon a judge in the case of insignificance of the committed disciplinary offence, if the qualification board of judges concludes that it is possible to confine to an oral reprimand of the judge’s actions (failure to act).

4. Disciplinary punishment in the form of a warning may be imposed upon a judge for committing a disciplinary offence if the qualification board of judges concludes that it is impossible to impose a disciplinary punishment in the form of a notice upon the judge, or if a disciplinary punishment was earlier imposed upon the judge.

5. Disciplinary punishment in the form of removal may be imposed upon a judge in exceptional cases for a significant, culpable violation of provisions of this Law and (or) of provisions of the Code of Judicial Ethics, incompatible with the distinguished title of a judge. This includes the violation of the aforementioned provisions in the administration of justice, if such a violation leads to the perversion of principles of judiciary proceedings, to a gross violation of rights of participants of proceedings, shows, that the judge is unable to continue exercising judicial powers, and is stipulated in an effective judicial act of a superior court or a judicial act regarding the compensation for the violation of right to a fair trial within a reasonable time, or a judicial act adopted in accordance with an application to speed up the consideration of a case.

6. A decision to impose a disciplinary punishment upon a judge cannot be adopted later than six months from the day of discovery of the disciplinary offence, exclusive of the period of the judge’s holiday or temporary inability to work and the time of the service check, and later than two years from the day of committing the disciplinary offence.

7. The decision to impose a disciplinary punishment upon a judge (except for a judge of the Constitutional Court of the Russian Federation) is adopted by the qualification board of judges, competent to resolve the issue of termination of powers of that judge at the time of adoption of the decision. The aforementioned decision may be appealed in court in the manner, stipulated in federal law. The decision of a qualification board of judges regarding the removal of a judge may be appealed before the Disciplinary Chamber of the Supreme Court of the Russian Federation.

8. If a judge does not commit another disciplinary offence within a year from the imposition of a disciplinary punishment, that judge is regarded as never held disciplinarily liable.

9. The manner of holding a judge of the Constitutional Court of the Russian Federation disciplinarily liable is stipulated in the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”.


Article 13. Suspension of Judicial Powers and Suspension of a Judge’s Retirement

1. The powers or the retirement of a judge is suspended by a decision of the qualification board of judges on one of the following conditions:

1) the judge is recognized as a missing person by an effective judicial decision;

2) a criminal case is initiated against the judge or the judge is named as defendant in another criminal case;

3) the judge participates as a candidate in the elections of the President of the Russian Federation, the Deputies of the State Duma of the Federal Assembly of the Russian Federation, in elections to the legislative (representative) body of a constituent entity of the Russian Federation, the representative body of a municipal entity, the elections of a head of a municipal entity or of an elected official of the local self-government;

4) abrogated.

2. The suspension of powers or retirement of a judge does not suspend the payment or decrease the amount of the monthly monetary remuneration paid to the judge or, if the judge is recognized as a missing person, to the family of the judge, unless pre-trial custody was selected as a measure of judicial restraint for the judge. Unless pre-trial custody was selected as a measure of judicial restraint for the judge, the suspension of the judge’s powers or retirement does not decrease the level of material and social security and does not deprive the judge of the guarantees of immunity, stipulated in this Law.

3. The decision on the restoration of the judge’s powers or retirement is adopted by the qualification board of judges that suspended the judge’s powers or retirement.


Article 14. Termination of Judicial Powers

1. Judicial powers may be terminated on the following grounds:

1) the judge submits a written application for retirement;

2) the judge cannot exercise judicial powers due to the state of health or other good reasons;

3) the judge submits a written application for the termination of powers due to a transfer to other work or for other reasons;

4) the judge reaches the age limit for judges or the judge’s term of office expires, if such a term was set;

5) abrogated;

6) the judge gives up citizenship of the Russian Federation, acquires citizenship of a foreign state or receives a residence permit or another document, confirming the right of a citizen of the Russian Federation to be permanently resident on the territory of a foreign state;

6.1) the judge, the judge’s spouse or minor children violate the prohibition to open and have accounts (deposits), to keep money and valuables in foreign banks, located outside the territory of the Russian Federation, to own and (or) use foreign financial instruments;

7) the judge engages in activities, incompatible with the position of a judge;

7.1) the judge is elected President of the Russian Federation, Deputy of the State Duma of the Federal Assembly of the Russian Federation, deputy of a legislative (representative) body of a constituent entity of the Russian Federation, a representative body of a municipal entity, head of a municipal entity or an elected official of the local self-government;

8) a judgment of conviction against the judge or a judicial decision on compulsory measures of medical nature regarding the judge enters into force;

9) a judicial decision on the recognition of the judge as legally incapable or legally impaired enters into force;

10) the judge dies or a judicial decision on the pronunciation of the judge dead enters into force;

11) the judge refuses to be transferred to another court due to the disestablishment or reorganization of the court, or becomes a close relative (spouse, parent, child, sibling, grandparent, grandchild, as well as a parent, child or sibling of a spouse) of a president or deputy president of the same court;

12) abrogated;

13) the judge commits a disciplinary offence, for which a disciplinary punishment in the form of removal is imposed upon that judge by a qualification board of judges.

2. A judge may be removed on grounds, stipulated in Subitems 1-3, 6-11, 13 of Item 1 of this Article.

3. If a decision on the removal of a judge, adopted by a qualification board of judges, or a judgment of conviction against the judge or the judicial decision, stipulated in Subitem 8 of Item 1 of this Article, is reversed, the judge is to be reinstituted in the former position with payment of the due monthly monetary remuneration.


Article 15. Retirement of a Judge

1. Retirement in the sense of this Law means honorary resignation or honorary removal of a judge from judicial office. A person in retirement retains the title of a judge, the guarantees of personal immunity and membership in the judiciary.

2. Every judge is entitled to retirement of her/his free will, irrespective of age. A judge is recognized as retired or removed into retirement if the judge’s powers were terminated on grounds, stipulated in Subitems 1, 2, 4, 9 and 11 of Item 1 of Article 14 of this Law.

The time of service in the regions of the High North and equal areas is included into the length of service as judge at a time-and-a-half rate.

3. A retired judge or a judge, removed into retirement, receives a dismissal wage for every full year of service as judge, based on the amount of monthly monetary remuneration at the judge’s last position, but no less than six amounts of monthly monetary remuneration at the position, which the judge is vacating. A judge, who was previously retired or was previously removed into retirement, receives a dismissal wage based on the time of service as judge from the moment of termination of the last retirement.

3.1. For judges appointed before January 1st, 2012, who retire or are removed into retirement, the amount of the dismissal wage, stipulated in Item 3 of this Article, is calculated with the part of the wage, exceeding the triple average monthly earnings, multiplied by a 1.15 coefficient.

4. After a judge retires or is removed into retirement, that judge receives compensation for acquiring traffic documents for all types of city, suburban and local public transport at the expense of the federal budget in the manner, determined by the Government of the Russian Federation.

5. A retired judge receives pension on a general basis. A retired judge with a length of service of at least 20 years receives, at her/his own choice, either a pension on a general basis or a tax exempt monthly lifetime allowance in the amount of 80 % of the monthly monetary remuneration of a judge working in the corresponding position. For a retired judge with a length of service under 20 years, who has reached the age of 55 years (50 years for women), the amount of the monthly lifetime allowance is calculated proportionally, based on the number of full years served as judge.

For a retired judge with a length of service over 20 years, the amount of the monthly lifetime allowance is increased, with 1 % of the said allowance added for every year exceeding the 20-year length of service, but no more than up to a total of 85 % of the monthly monetary remuneration of a judge working in the corresponding position.

Retired judges, who become disabled due to a military injury, are entitled to a monthly lifetime allowance and a disability pension.

6. A judge’s retirement is terminated, if:

1) after the judge retires, offences are discovered, that were committed in the exercise of judicial powers, and constitute grounds for the imposition of a disciplinary punishment in the form of removal in accordance with Items 1 and 5 of Article 12.1 of this Law, unless the limitation period, stipulated in Item 6 of Article 12.1 of this Law, has expired;

2) the judge does not abide by the prohibitions and restrictions, stipulated in Items 3 and 4 of Article 3 of this Law;

3) the judge commits a significant, culpable violation of the provisions of this Law and (or) the Code of Judicial Ethics, incompatible with the distinguished title of a judge, discrediting the honor of a judge and diminishing the authority of the judiciary;

4) the judge engages in activities, incompatible with the status of a judge;

5) a judgment of conviction against the judge enters into force;

6) the judge dies or a judicial decision on the pronunciation of the judge dead enters into force.

7. In cases, stipulated in Article 13 of this Law, the decision regarding the termination or suspension of a judge’s retirement is adopted by the qualification board of judges, competent on the place of previous work or permanent place of residence of the retired judge, on its own initiative or on proposal of a body of the judiciary or of the president of the court, competent on the place of previous work of the retired judge. The decision of the qualification board of judges may be appealed by the judge in the manner, stipulated in Federal Law “On Bodies of the Judiciary in the Russian Federation” of March 14th, 2002, No. 30-FZ.

8. A judge’s retirement is likewise terminated in case of repeated appointment (election) as judge, except for the case of appointment (election) of a retired judge as judge of a constitutional (charter) court of a constituent entity of the Russian Federation.

9. A judge, whose retirement was terminated, is entitled to pension support in accordance with the legislation of the Russian Federation.


Article 16. Immunity of a Judge

1. A judge is immune. This includes personal immunity, immunity of domestic and office premises, of personal and service transport vehicles used by the judge, the inviolability of the judge’s documents, luggage and other property, the privacy of letters and of other correspondence (phone calls, postal, telegraph, electronic and other messages, received and sent by the judge).

2. A judge (this includes a judge whose powers were terminated) cannot be held in any way liable for the expression of opinion in the administration of justice or for a decision adopted by a court, unless the judge is found guilty of abuse of power or knowing adoption of an unlawful sentence, decision or another judicial act, by virtue of an effective court sentence.

3. The decision to initiate a criminal case against a judge or to name the judge as defendant in another criminal case is adopted:

  • regarding a judge of the Constitutional Court of the Russian Federation – by the Chairman of the Investigative Committee of the Russian Federation with consent of the Constitutional Court of the Russian Federation;
  • regarding a judge of the Supreme Court of the Russian Federation, a supreme court of a republic, a territorial court, a regional court, of a court of a federal city, an autonomous region, an autonomous circuit, of a military court, a commercial court – by the Chairman of the Investigative Committee of the Russian Federation with consent of the High Qualification Board of Judges of the Russian Federation;
  • regarding a judge of another court – by the Chairman of the Investigative Committee of the Russian Federation with consent of the qualification board of judges of the corresponding constituent entity of the Russian Federation.

The Constitutional Court of the Russian Federation or a qualification board of judges adopts a reasoned decision regarding the consent to the initiation of a criminal case against a judge or to naming the judge as defendant in another criminal case within 10 days after receipt of address from the Chairman of the Investigative Committee of the Russian Federation.

During the investigation of the criminal case, it is possible to change the classification of the crime, which may lead to the deterioration of the judge’s position, only in the manner, stipulated in this Article for the adoption of a decision to initiate a criminal case against a judge or to name the judge as defendant in another criminal case.

4. A decision on holding a judge administratively liable is adopted:

  • regarding a judge of the Constitutional Court of the Russian Federation, a judge of the Supreme Court of the Russian Federation, a supreme court of a republic, a territorial court, a regional court, of a court of a federal city, an autonomous region, an autonomous circuit, of a military court, a commercial court – by a judicial chamber composed of three judges of the Supreme Court of the Russian Federation upon address of the Prosecutor General of the Russian Federation;
  • regarding a judge of another court – by a judicial chamber composed of three judges of, respectively, the supreme court of a republic, a territorial court, a regional court, a court of a federal city, an autonomous region, an autonomous circuit upon address of the Prosecutor General of the Russian Federation.

The decision on the issue of holding a judge administratively liable is adopted within 10 days after receipt of address from the Prosecutor General of the Russian Federation.

5. If a judge was detained on suspicion of committing a crime or on another basis or was forcibly delivered to any state body, and the identity of the judge was not known at the moment of detention, the judge must be immediately released after her/his identity is established.

Personal search of a judge is not allowed, except for cases, stipulated in federal law in order to guarantee the security of other people.

6. The decision to select pre-trial custody as a measure of judicial restraint for a judge is adopted:

  • regarding a judge of the Constitutional Court of the Russian Federation, a judge of the Supreme Court of the Russian Federation, a supreme court of a republic, a territorial court, a regional court, of a court of a federal city, an autonomous region, an autonomous circuit, of a military court, a commercial court – by a judicial chamber composed of three judges of the Supreme Court of the Russian Federation upon a motion of the Chairman of the Investigative Committee of the Russian Federation;
  • regarding a judge of another court – by a judicial chamber composed of three judges of, respectively, the supreme court of a republic, a territorial court, a regional court, a court of a federal city, an autonomous region, an autonomous circuit upon a motion of the Chairman of the Investigative Committee of the Russian Federation.

The taking of a judge into pre-trial custody is performed with consent of, respectively, the Constitutional Court of the Russian Federation or a corresponding qualification board of judges. The corresponding address is forwarded to the Constitutional Court of the Russian Federation or the qualification board of judges by the Chairman of the Investigative Committee of the Russian Federation.

The Constitutional Court of the Russian Federation or the qualification board of judges adopts a reasoned decision on consent to the selection of pre-trial custody as a measure of judicial restraint for a judge within five days after receipt of address of the Chairman of the Investigative Committee of the Russian Federation and of the corresponding judicial decision.

7. If no criminal case has been initiated against a judge, nor has the judge been named as defendant in a criminal case, investigative measures or investigative activities, which may infringe the citizen’s rights of the judge or the judge’s immunity, guaranteed by the Constitution of the Russian Federation, federal constitutional laws and federal laws, may be taken regarding that judge only on the basis of a decision, adopted:

  • regarding a judge of the Constitutional Court of the Russian Federation, a judge of the Supreme Court of the Russian Federation, a supreme court of a republic, a territorial court, a regional court, of a court of a federal city, an autonomous region, an autonomous circuit, of a military court, a commercial court – by a judicial chamber composed of three judges of the Supreme Court of the Russian Federation;
  • regarding a judge of another court – by a judicial chamber composed of three judges of, respectively, the supreme court of a republic, a territorial court, a regional court, a court of a federal city, an autonomous region, an autonomous circuit.

The place of consideration of materials pertaining to the investigative measures or investigative activities regarding the judge, referred to in the third paragraph of this Item, which may infringe the judge’s constitutional rights or immunity, is stipulated in the federal criminal procedure law and the federal law on investigative activities.

After a criminal case is initiated against the judge or the judge is named as defendant in a criminal case, investigative measures and investigative activities regarding the judge (except for the taking of the judge into pre-trial custody) are conducted in the manner, stipulated in the federal criminal procedure law and the federal law on investigative activities.

8. If, when resolving the issues of initiating a criminal case against a judge or naming the judge as defendant in a criminal case, on holding the judge administratively liable or on taking of investigative measures or investigative activities regarding the judge, the court or the qualification board of judges discovers that the taking of the said measures or activities is caused by the position, assumed by the aforementioned judge in the exercise of judicial powers, the court or the board refuses to give consent to the taking of said measures or activities.

9. The compositions of judicial chambers of the Supreme Court of the Russian Federation, of the supreme court of a republic, a territorial court, a regional court, a court of a federal city, an autonomous region, an autonomous circuit, formed in order to adopt conclusions and decisions, referred to in Items 4, 6 and 7 of this Article, are annually adopted by, respectively, the High Qualification Board of Judges of the Russian Federation or the qualification board of judges of a constituent entity of the Russian Federation.

10. Conclusions and decisions, referred to in Items 3, 4, 6 and 7 of this Article, may be appealed in the manner, stipulated in federal law.

11. Abrogated.

12. Abrogated.


Article 17. Abrogated


Article 18. Abrogated


Article 19. Material Support of Judges

1. The monthly monetary remuneration of a judge consists of a monthly salary in accordance with the occupied position of a judge (hereinafter referred to as basic salary), a monthly salary of a judge in accordance with the conferred qualification class (hereinafter referred to as qualification class salary), a monthly monetary reward, a monthly additional payment for the length of service, monthly additional payments for the scientific degree of a candidate of science in law, of a doctor of science in law, for the academic title of an assistant professor, of a professor, for the honorary title “Honored Lawyer of the Russian Federation” and also in cases, stipulated in the legislation of the Russian Federation, a monthly additional payment for language skills and the use of foreign languages in the performance of duties.

The amount of the basic salary of the President of the Constitutional Court of the Russian Federation is determined by a decree of the President of the Russian Federation.

The amount of the basic salary of a judge of the Constitutional Court of the Russian Federation is established on the basis of percentage of the basic salary of the President of the Constitutional Court of the Russian Federation in accordance with Annex 6 to this Law.

The amount of the basic salary of the Chief Justice of the Supreme Court of the Russian Federation is established at 98 % of the basic salary of the President of the Constitutional Court of the Russian Federation.

The amounts of basic salaries of judges are established on the basis of percentage of the basic salary of the Chief Justice of the Supreme Court of the Russian Federation in accordance with Annex 7 to this Law.

The amounts of basic salaries of judges increase (are adjusted) annually, in accordance with the federal law on the federal budget for the next financial year and the planning period, with the level of inflation (consumer prices) taken into account. The decision to increase (adjust) the amounts of basic salaries of judges is made by the President of the Russian Federation.

The amounts of qualification class salaries of judges are established on the basis of percentage of the basic salaries of judges:

  • ninth qualification class – 30 %;
  • eighth qualification class – 40 %;
  • seventh qualification class – 50 %;
  • sixth qualification class – 60 %;
  • fifth qualification class – 75 %;
  • fourth qualification class – 90 %;
  • third qualification class – 105 %;
  • second qualification class – 120 %;
  • first qualification class – 135 %;
  • the highest qualification class – 150 %.

The amounts of monthly monetary rewards for the President of the Constitutional Court of the Russian Federation and judges of the Constitutional Court of the Russian Federation are determined in accordance with Annex 6 to this Law.

The amounts of monthly monetary rewards for judges are determined in accordance with Annex 7 to this Law.

Monthly monetary rewards for judges, stipulated in Annexes 6 and 7 to this Law, are calculated based on the basic salaries of judges.

The amounts of monthly additional payments for the length of service of judges are established on the basis of percentage of the basic salaries of judges as follows:

  • 2 to 5 years of service – 15 %;
  • 5 to 10 years of service – 25 %;
  • 10 to 15 years of service – 30 %;
  • 15 to 20 years of service – 40 %;
  • over 20 years of service – 50 %.

The manner and conditions of calculating the length of service of judges are determined by a resolution of the Council of Judges of the Russian Federation.

The following monthly additional payments are established for judges:

  • judges with a scientific degree of a candidate of science in law or an academic title of an assistant professor additionally receive 5 % of their basic salary;
  • judges with a scientific degree of a doctor of science in law or an academic title of a professor additionally receive 10 % of their basic salary;
  • judges with an honorary title “Honored Lawyer of the Russian Federation” additionally receive 10 % of their basic salary.

Judges of the Constitutional Court of the Russian Federation, who have language skills and use foreign languages in the performance of their duties, additionally receive 20 % of their basic salary.

A judge receives a quarterly monetary reward, which is not a part of the monthly monetary remuneration of a judge.

The quarterly monetary reward is paid in the amount of a monthly monetary reward in the occupied position.

The monthly monetary remuneration of a judge and the quarterly monetary reward of a judge cannot be decreased.

Judges receive other payments in accordance with federal laws and other normative legal acts of the Russian Federation, which do not constitute the monthly monetary remuneration of a judge.

In cases, stipulated in the legislation of the Russian Federation, the monthly monetary remuneration of a judge, the quarterly monetary reward of a judge and other payments, stipulated in the corresponding federal laws and other normative legal acts of the Russian Federation, are multiplied by a district coefficient, a coefficient for work in desert and arid areas, a coefficient for work in high-mountain areas; a prorated increase may apply for work in the regions of the High North and equal areas, work in the southern districts of Eastern Siberia and the Far East in the amounts, determined on the basis of coefficients and prorated increases, stipulated in the corresponding normative legal acts of the Russian Federation.

Judges may receive bonuses and material assistance within the limits of a determined payroll fund.

The manner of payment of bonuses and material assistance to judges is stipulated in the acts of the Constitutional Court of the Russian Federation and of the Supreme Court of the Russian Federation, for, respectively, the judges of the Constitutional Court of the Russian Federation and the judges of the Supreme Court of the Russian Federation; and in the acts of the Judicial Department at the Supreme Court of the Russian Federation, adopted with approval of the Council of Judges of the Russian Federation, for the judges of courts of general jurisdiction and of commercial courts.

A judge who has reached the age of 60 years (55 years for women) and has a length of service in the field of law of more than 25 years, including 10 years of service as judge, is entitled, upon retirement, to a monthly lifetime allowance in full amount. The length of service, taken into account in the calculation of the monthly lifetime allowance, includes the time of service as judge and in positions, referred to in Item 5 of Article 4 of this Law.

Upon retirement (removal into retirement), judges, who have worked in the regions of the High North and equal areas for at least, respectively, 15 and 20 years, are entitled to a monthly lifetime allowance adjusted for the district coefficient, applied to the monthly monetary remuneration, independent of their place of residence and the time of application for the aforementioned allowance.

The amounts of monthly lifetime allowances of judges are increased (adjusted) in the amounts and within the terms, stipulated for the increase (adjustment) of the basic salaries of judges.

1.1. The payroll fund for payments, exceeding the funding provided for payment of basic salaries, is formed by the funding allocated for payment (during the year) of:

1) qualification class salaries:

  • in the Constitutional Court of the Russian Federation – in the amount of 18 basic salaries;
  • in the Supreme Court of the Russian Federation – in the amount of 17.6 basic salaries;
  • in supreme courts of republics, territorial courts, regional courts, courts of federal cities, a court of an autonomous region, courts of autonomous circuits, of circuit (fleet) military courts, of commercial courts of circuits, appellate commercial courts, commercial courts of constituent entities of the Russian Federation and in the Intellectual Property Rights Court – in the amount of 13.8 basic salaries;
  • in district, city, interdistrict courts and garrison military courts – in the amount of 8.4 basic salaries;
  • for justices of the peace – in the amount of 5.4 basic salaries;

2) monthly monetary rewards:

  • in the Constitutional Court of the Russian Federation – in the amount of 111.3 basic salaries;
  • in the Supreme Court of the Russian Federation – in the amount of 63 basic salaries;
  • in supreme courts of republics, territorial courts, regional courts, courts of federal cities, a court of an autonomous region, courts of autonomous circuits, of circuit (fleet) military courts, of commercial courts of circuits, appellate commercial courts, commercial courts of constituent entities of the Russian Federation and in the Intellectual Property Rights Court – in the amount of 15.9 basic salaries;
  • in district, city, interdistrict courts and garrison military courts – in the amount of 15.9 basic salaries;
  • for justices of the peace – in the amount of 15.6 basic salaries;

3) monthly additional payments for the length of service:

  • in the Constitutional Court of the Russian Federation – in the amount of 6 basic salaries;
  • in the Supreme Court of the Russian Federation – in the amount of 6 basic salaries;
  • in supreme courts of republics, territorial courts, regional courts, courts of federal cities, a court of an autonomous region, courts of autonomous circuits, of circuit (fleet) military courts, of commercial courts of circuits, appellate commercial courts, commercial courts of constituent entities of the Russian Federation and in the Intellectual Property Rights Court – in the amount of 6 basic salaries;
  • in district, city, interdistrict courts and garrison military courts – in the amount of 4.5 basic salaries;
  • for justices of the peace – in the amount of 3 basic salaries;

4) additional payments for the scientific degree of a candidate of science in law, of a doctor of science in law, for the academic title of an assistant professor, of a professor, for the honorary title “Honored Lawyer of the Russian Federation”, for language skills and the use of foreign languages in the performance of duties:

  • in the Constitutional Court of the Russian Federation – in the amount of 4.8 basic salaries;
  • in the Supreme Court of the Russian Federation – in the amount of 1.2 basic salaries;

5) quarterly monetary reward:

  • in the Constitutional Court of the Russian Federation – in the amount of 37.1 basic salaries;
  • in the Supreme Court of the Russian Federation – in the amount of 21 basic salaries;
  • in supreme courts of republics, territorial courts, regional courts, courts of federal cities, a court of an autonomous region, courts of autonomous circuits, of circuit (fleet) military courts, of commercial courts of circuits, appellate commercial courts, commercial courts of constituent entities of the Russian Federation and in the Intellectual Property Rights Court – in the amount of 5.3 basic salaries;
  • in district, city, interdistrict courts and garrison military courts – in the amount of 5.3 basic salaries;
  • for justices of the peace – in the amount of 5.2 basic salaries;

6) other payments, stipulated in the corresponding federal laws and other normative legal acts of the Russian Federation:

  • in the Constitutional Court of the Russian Federation – in the amount of 9 basic salaries;
  • in the Supreme Court of the Russian Federation – in the amount ranging from 6 to 9 basic salaries, depending on the amount of said payments, determined for judges;
  • in supreme courts of republics, territorial courts, regional courts, courts of federal cities, a court of an autonomous region, courts of autonomous circuits, of circuit (fleet) military courts, of commercial courts of circuits, appellate commercial courts, commercial courts of constituent entities of the Russian Federation and in the Intellectual Property Rights Court – in the amount of 3 basic salaries;
  • in district, city, interdistrict courts and garrison military courts – in the amount of 1 basic salary;
  • for justices of the peace – in the amount of 0.1 of a basic salary.

Within the limits of funding stipulated in the fourth, fifth and sixth paragraphs of this Article, the Supreme Court of the Russian Federation and the Judicial Department at the Supreme Court of the Russian Federation determine the exact amounts of funding to be received by judges, based on the number of judges, entitled to the aforementioned payments in accordance with the legislation of the Russian Federation;

7) district coefficients, coefficients for work in desert and arid areas, coefficients for work in high-mountain areas, prorated increases for work in the regions of the High North and equal areas, work in the southern districts of Eastern Siberia and the Far East, applied to the monthly monetary remuneration of a judge, the quarterly monetary reward of a judge and other payments, stipulated in the corresponding federal laws and other normative legal acts of the Russian Federation – in the amounts, determined with regard to coefficients and prorated increases, stipulated in the corresponding normative legal acts of the Russian Federation.

1.2. The Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Judicial Department at the Supreme Court of the Russian Federation have the right to redistribute the funds of the payroll fund among the payments, referred to in Item 1.1 of this Article.

2. Judges are granted annual paid holidays with a duration of 30 working days.

Judges working in the regions of the High North are granted annual paid holidays with a duration of 51 working days; in equal areas, as well as in areas with harsh or adverse climatic conditions, for which salary coefficients are determined – with a duration of 45 working days.

Based on the length of service in the field of law, judges receive additional paid holidays:

  • 5 to 10 years of service – 5 working days;
  • 10 to 15 years of service – 10 working days;
  • over 15 years of service – 15 working days.

The time spent by the judge on the way to and from the holiday destination is not included into the time of the holiday. The costs of transportation to and from the holiday destination are reimbursed.

The manner of calculating the length of service for the granting of additional annual paid holidays is determined by the Supreme Court of the Russian Federation.

3. Judges in need of better housing conditions are provided with separate residential premises in accordance with the norms, stipulated in the legislation of the Russian Federation, with regard to the right of a judge to additional living space of 20 sq.m. or a separate room. The premises are acquired at the expense of the funds of the federal budget, allocated for these purposes for the courts of the Russian Federation, in the manner, determined by the Government of the Russian Federation.

With regard to the provisions of this Article, judges in need of better housing conditions are judges who do not have sufficient living space according to the requirements and norms, stipulated in the housing legislation of the Russian Federation and the housing legislation of the constituent entities of the Russian Federation.

Judges are entitled to compensation of expenses incurred by lease (sub-lease) of domestic premises until they are provided, in the stipulated manner, with premises for permanent residence.

Phones are installed on a priority basis in premises occupied by judges, with payment according to the stipulated tariffs.

In the same manner, places are provided for the children of judges in preschool educational organizations, boarding schools, summer recreational institutions.

4. If a retired judge or a judge, removed into retirement, who has a length of service as judge over 20 years or who became disabled during the working period, wishes to change the place of residence and move to another area, such a judge receives housing (with amenities) in the form of a separate flat or a house at the expense of the federal budget and in the manner, determined by the Government of the Russian Federation. Such a judge may enter a housing cooperative on a priority basis and receives support in private housing construction.

5. A judge and the members of the judge’s family are entitled to receive medical assistance (including pharmaceuticals for medical use) at the expense of the federal budget. The said persons are also entitled to health resort treatment, paid for the judge, the judge’s spouse and their minor children at the expense of the federal budget. A judge retains these rights after retirement, removal into retirement or pension retirement. A retired judge or a judge in pension retirement and the members of the judge’s family continue to receive medical assistance at the expense of the federal budget in the same medical organizations in which they were registered.

6. If the judge’s powers are terminated on grounds, stipulated in Subitem 10 of Item 1 of Article 14 of this Law, the judge’s family receives a single-payment allowance, based on the judge’s monthly monetary remuneration in the last position, for every full year of service as judge, but no less than 12 monthly monetary remunerations.

In case of disestablishment or reorganization of a court, or if a judge becomes a close relative (spouse, parent, child, sibling, grandparent, grandchild, as well as a parent, child or sibling of a spouse) of a president or deputy president of the same court, the judge, with her/his consent, may be transferred to another court. The judge retains the monthly monetary remuneration during the time necessary to officially perform the transfer. If a judge refuses to be transferred, that judge has the right to retire on a general basis. In this case, the judge receives compensation in the amount of 12 monthly monetary remunerations in the last position occupied.

7. For work-related purposes, judges receive traffic documents for all types of city, suburban and local public transport (except for taxis), acquired by the courts from the corresponding transportation organizations in the manner, determined by the Government of the Russian Federation.

When going on official business trips, judges enjoy the right to book and receive accommodation in hotels and to acquire traffic documents for all types of transport on a priority basis.

8. Judges and members of court staff, who have class ranks, are provided with service clothing in the manner and according to the norms, determined by the Government of the Russian Federation.


Article 20. Social Security of Judges and Members of their Families

1. Life, health and property of a judge are subject to compulsory state insurance at the expense of the federal budget. The life and health of a judge are insured for the sum of 180 monthly monetary remunerations of the judge.

2. State insurance bodies pay the insured sums:

  • in case of (unexpected) death of a judge during the working period or upon vacation of the
  • position, if death was the result of bodily harm or other injury to health – to the heirs of the judge in the amount of 180 monthly monetary remunerations of the judge;
  • in case of permanent injury or other injury to health, precluding the judge from further engagement in professional activities – in the amount of 36 monthly monetary remunerations of the judge;
  • in case of bodily harm or other injury to health, not rendering the judge permanently unable to work, but precluding the judge from further engagement in professional activities – in the amount of 12 monthly monetary remunerations of the judge.

3. If a judge suffers a permanent injury or other injury to health, precluding the judge from further engagement in professional activities, that judge receives a monthly compensation in the amount of a monthly monetary remuneration.

Herewith, the disability pension that the judge receives in connection with the permanent injury, as well as other types of pensions, that the judge received before or begins to receive after the injury, are not included into the amount of the compensation. This also applies to income, received by the affected judge after the injury and to payments that the judge is entitled to in accordance with the compulsory state insurance rules.

4. In case of (unexpected) death of a judge in connection with the performance of professional duties, the members of the judge’s family, who are dependent on the judge and unable to work, receive a monthly compensation in the amount of a monthly monetary remuneration of the judge, decreased by the judge’s share. Compulsory state insurance payments, survivors’ pensions, as well as other pensions, earnings, scholarships and other income are not included into the aforementioned compensation.

The aforementioned manner of payment is also applied in case of (unexpected) death of a retired judge, whose death occurred in connection with the performance of professional duties. In this case, the dependent family members of the judge receive a monthly compensation based on the amount of the monthly lifetime allowance of the judge.

4.1. In case of (unexpected) death of a (retired) judge, not resulting from the performance of professional duties, the members of the judge’s family, who are dependent on the judge and unable to work, receive a monthly compensation (not including the compulsory state insurance payments, earnings, scholarships and other income):

  • if there is only one dependant – in the amount of 40 % of the monthly lifetime allowance of the retired judge or of 40 % of the monthly lifetime allowance of the judge, calculated, due to the (unexpected) death of the working judge, based on the number of full years served as judge, independent of the age of the judge on the day of (unexpected) death;
  • if there are two or more dependants – in the amount of the monthly lifetime allowance of the retired judge or of monthly lifetime allowance of the judge, calculated, due to the (unexpected) death of the working judge, based on the number of full years served as judge, independent of the age of the judge on the day of (unexpected) death, decreased by the judge’s share. The aforementioned amount of compensation is distributed among the dependant family members in equal shares.

4.2. The following family members of a (retired) judge, who are dependent on the judge and unable to work, are regarded as dependants:

  • children, including adopted children, under the age of 18 years or undergoing a full-time course of study at educational organizations of all types, independent of their legal form, including foreign educational organizations located outside the territory of the Russian Federation, if the child was transferred for education in accordance with the international treaties of the Russian Federation, excluding educational institutions of further education. The child is regarded as dependant until the end of the course of studies, but not after the child reaches the age of 23 years;
  • siblings and grandchildren under the age of 18 years, as well as siblings and grandchildren undergoing a full-time course of study at educational organizations of all types, independent of their legal form, including foreign educational organizations located outside the territory of the Russian Federation, if the said persons were transferred for education in accordance with the international treaties of the Russian Federation, excluding educational institutions of further education. The aforementioned persons are regarded as dependants until the end of the course of studies, but not after they reach the age of 23 years;
  • spouse of the judge, if, by the time of (unexpected) death of the (retired) judge, the spouse has reached the age of 60 (for women – 55) years or is a disabled person;
  • parents of the judge, if, by the time of (unexpected) death of the (retired) judge, they have reached the age of 60 (for women – 55) years or are disabled persons;
  • grandparents of the judge, if, by the time of (unexpected) death of the (retired) judge, they have reached the age of 60 (for women – 55) years or are disabled persons;
  • family members of the (retired) judge, recognized as dependants by a court decision, by the time of (unexpected) death of the judge;
  • dependants of the deceased (retired) judge, that have reached the age of 18 years, but became disabled before reaching the age of 18 years.

Monthly compensation, received by the widow(er) of the (retired) judge due to the (unexpected) death of the judge, is paid out until the widow(er) remarries.

4.3. In case of (unexpected) death of a (retired) judge, not resulting from the performance of professional duties, the members of the judge’s family, who are dependent on the judge and unable to work, receive, on their own choice, either the survivors’ pension or the aforementioned share of the monthly lifetime allowance of the judge.

4.4. The issue of causal connection between the (unexpected) death of a (retired) judge and the performance of professional duties is resolved by the corresponding qualification board of judges upon application of the interested persons.

The decision of the qualification board of judges on the aforementioned issue may be appealed in court.

5. Damages, resulting from destruction or damage of property, belonging to a judge or the family members of the judge, are reimbursed to the judge or the family members of the judge in full.

6. Compensations referred to in Items 3, 4, 4.1 and 5 of this Article are paid at the expense of the federal budget.

7. Rules, stipulated in Items 2, 3, 4 and 5 of this Article, do not apply if it is established in the manner stipulated in law that the harm, caused to the judge and the family members of the judge, was not caused in connection with the professional activities of the judge.


Article 20.1. Further Professional Education of Judges

1. A judge, appointed for the first time, undergoes a professional retraining program.

A judge of a federal court, appointed judge for the first time, undergoes a professional retraining program in higher education institutions and further professional education institutions that provide further professional education for judges. This includes probation in a court with retention of monthly monetary remuneration and of other payments, stipulated in the corresponding federal laws and other normative legal acts of the Russian Federation.

The manner and terms of professional retraining of a judge, as well as the grounds for exempting a judge from professional retraining are determined by the Supreme Court of the Russian Federation.

The overall length of professional retraining of a judge cannot last longer than six months.

The period of professional retraining of a judge is included into the length of service as judge.

Based on the results of professional retraining, a qualification class is conferred upon a judge of a federal court, appointed judge for the first time.

2. A judge is obliged to engage in further education.

Further education of judges of federal courts takes place as deemed necessary, but at least once in three years with retention of the monthly monetary remuneration, the quarterly monetary reward and of other payments, stipulated in federal laws and other normative legal acts of the Russian Federation, during the term of education. Further education of judges takes place in higher education institutions and further professional education institutions that provide further professional education for judges and also in the form of probation in a court. The manner, terms and other forms of further education are determined by the Supreme Court of the Russian Federation.

3. The manner, terms and forms of further professional education of justices of the peace and of judges of constitutional (charter) courts of the constituent entities of the Russian Federation are stipulated in the laws of the constituent entities of the Russian Federation.

4. Further professional education of judges is performed for judges of federal courts at the expense of budgetary allocations of the federal budget, and for justices of the peace and judges of constitutional (charter) courts of the constituent entities of the Russian Federation – at the expense of budgetary allocations of the budget of the corresponding constituent entity of the Russian Federation.


Article 20.2. Qualification Attestation of Judges

1. The qualification attestation of a judge is the evaluation of the judge’s professional knowledge, the skill of application of that knowledge in the administration of justice, of results of judicial activities, of the judge’s professional aptitude and moral qualities and the compliance of the judge with the requirements, stipulated in this Law and the Code of Judicial Ethics.

2. Based on the results of qualification attestation, one of the qualification classes (the highest, first, second, third, fourth, fifth, sixth, seventh, eighth and ninth) is conferred upon a judge.

3. Qualification classes are conferred as follows:

1) the highest and first qualification classes are conferred upon the Chief Justice of the Supreme Court of the Russian Federation, his deputies and the judges of the Supreme Court of the Russian Federation;

2) first, second, third, fourth and fifth qualification classes are conferred upon presidents, deputy presidents and judges of supreme courts of republics, territorial courts, regional courts, courts of federal cities, a court of an autonomous region, courts of autonomous circuits, of circuit (fleet) military courts, of commercial courts of circuits, appellate commercial courts, commercial courts of constituent entities of the Russian Federation and of the Intellectual Property Rights Court;

3) fifth, sixth and seventh qualification classes are conferred upon presidents, deputy presidents and judges of district, city, interdistrict courts and garrison military courts;

4) seventh, eighth and ninth qualification classes are conferred upon justices of the peace.

4. The terms for staying a judge of a certain qualification class are:

1) for judges of seventh to ninth qualification classes – two years;

2) for judges of fifth and sixth qualification classes – three years;

3) for judges of first to fourth qualification classes – four years.

5. There is no term for staying a judge of the highest qualification class.

There are no terms for judges of the first, fifth and seventh qualification classes to stay judges of those classes, if the said classes are the top possible in the positions occupied by the said judges.

6. Qualification classes are conferred upon judges with regard to the numerical order of conferment and the terms stipulated for staying a judge of a certain qualification class, corresponding to the judge’s position.

On proposal of the Chief Justice of the Supreme Court of the Russian Federation, the High Qualification Board of Judges of the Russian Federation may confer a higher class on a judge who made an exceptional contribution to the administration of justice, performed special services to the judicial system, disregarding the sequence of conferment and the terms stipulated for staying a judge of a certain qualification class.

7. A judge of a certain qualification class undergoes qualification attestation after the term for staying in the corresponding qualification class expires.

Judges of the first, fifth or seventh qualification classes (if these classes are the top possible in the positions they occupy) undergo qualification attestation once in three years.

Judges of the highest qualification class do not undergo qualification attestation.

A newly appointed judge or a judge, appointed to a position in a court of another level, in which that judge may receive a higher qualification class, can undergo qualification attestation no earlier than 9 months, but no later than a year since the day of appointment to the corresponding position.

A judge has no right to refuse to undergo qualification attestation.

8. Retired judges, including judges drawn to the administration of justice in the manner, stipulated in this Law, are exempt from qualification attestation.

9. Qualification attestation is conducted by the corresponding qualification boards of judges. The manner of conducting a qualification attestation is determined by the High Qualification Board of Judges of the Russian Federation.

10. The president of the corresponding court is obliged to forward a proposal regarding the qualification attestation of a newly appointed judge or of a judge, appointed to a position in a court of another level, in which that judge may receive a higher qualification class, after eight months of work of the said judge and no later than two months before the expiration of the term for staying a judge of a certain qualification class.

The proposal regarding the qualification attestation of a judge of the first, fifth or seventh qualification class, if that is the top possible class in the position occupied by that judge, is forwarded to the qualification board of judges no later than one month before the expiration of the three-year period since the last attestation.

11. The proposal, referred to in Item 10 of this Article, is accompanied by the following documents:

1) a document including the personal details and information regarding the professional experience of the judge undergoing qualification attestation;

2) a reference letter, evaluating the professional activities, professional aptitude and moral qualities of the judge undergoing qualification attestation;

3) a document regarding the number of cases, considered from the day of last attestation or, for a newly appointed judge or a judge, appointed to a position in a court of another level, in which that judge may receive a higher qualification class, – from the day of appointment;

4) a document regarding the number of cases, considered with a violation of procedural terms, the number of revoked or amended judicial acts and regarding the grounds for the said violations, revocations or amendments.

12. A judge may on her/his own initiative address the corresponding board of judges with an application for qualification attestation within the terms, stipulated in Item 10 of this Article.

13. Based on the results of qualification attestation, the corresponding qualification board of judges adopts one of the following decisions:

1) on conferment of a consecutive (or an out-of-order) qualification class upon the judge;

2) on retention of the same qualification class by the judge.

14. If a judge retains the earlier received qualification class (except for cases, when such a class is the top possible in the position occupied by the judge), a repeated qualification attestation may be conducted on proposal of the president of the corresponding court or upon application of the judge no earlier than after one year and no later than after three years from the adoption of the decision by the corresponding qualification board of judges.

15. When judicial powers are terminated on grounds, stipulated in Article 12.1, Subitems 7 and 8 of Item 1 of Article 14 of this Law, the corresponding qualification board of judges adopts the decision on stripping the judge of her/his qualification class.

When the powers of a judge are terminated on grounds, stipulated in Subitem 6 of Item 1 of Article 14 of this Law, the judge loses the qualification class.


Article 21. Symbols of Judicial Power

1. The State Flag of the Russian Federation is placed on court buildings; the State Flag of the Russian Federation and an image of the State Coat of Arms are placed inside courtrooms.

2. Judges wear gowns during the administration of justice.

3. Identity documents of judges of federal courts are signed by the President of the Russian Federation and issued in the manner, determined by the President of the Russian Federation.

Identity documents of judges of constitutional (charter) courts of constituent entities of the Russian Federation are signed and issued in the manner, stipulated in the laws of constituent entities of the Russian Federation.

Identity documents of retired judges are signed and issued by presidents of courts in which those judges worked immediately before retirement.


Article 22. Application of Labor Legislation of the Russian Federation to Judges

Labor legislation of the Russian Federation applies to judges to the extent, not regulated in this Law.

 

President of the Russian Federation

B. Yeltsin

 

Moscow, House of the Soviets of Russia

June 26th, 1992

No. 3132-1



[1] Translator’s Note: In this context, legal representation (Russian: законное представительство) means representation of rights and lawful interests of a person, who is legally incapable, legally impaired or legally capable, but unable to represent her-/himself in person due to health conditions. Normally, a legal representative is a parent, a foster parent or a legal guardian.

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