CHAPTER 7 JUDICIARY

  1. Chapter 1
  2. Chapter 1. General Notions of Grammar
  3. CHAPTER EIGHT
  4. CHAPTER EIGHTEEN
  5. CHAPTER ELEVEN
  6. CHAPTER FIFTEEN

Article 118 [Administration of Justice]

(1) Justice in the Russian Federation is administered only by law courts.

(2) Judiciary power is exercised to constitutional, civil, administrative and criminal process.

(3) The judiciary system of the Russian Federation is established by the Constitution and the federal constitutional law. The creation of extraordinary courts is forbidden.

Article 119 [Eligibility]

Citizens of the Russian Federation aged 25 and older, holding a law degree and having worked in the law profession for at least five years may become judges The federal law may establish additional requirements for judges in the courts of the Russian Federation.

Article 120 [Endependence of Judges]

(1) Judges are independent and obey only the Constitution and the federal law.

(2) A court of law, having established the illegality of an act of government or any other body, passes a ruling in accordance with law.

Article 121 [Termination of Office]

(1) Judges may not be replaced.

(2) A judge may not have his powers terminated or suspended except under procedures and on grounds established by federal law.

Article 122 [Immunity]

(1) Judges possess immunity.

(2) Criminal proceedings may not be brought against a judge except as provided f or by federal law.

Article 123 [Publicity]

(1) All trials in all law courts are open. The hearing of a case can be in camera in cases provided by the federal law.

(2) Hearing of criminal cases in law courts in absentia are not allowed except the cases provided for by the federal law.

(3) The trial is conducted on an adversarial and equal basis.

(4) In cases stipulated by federal law trials is held by jury.

Article 124 [Financing]

Law courts are financed only out of the federal budget and financing ensure full and independent administration of justice in accordance with federal law.

Article 125 [Constitutional Court]

(1) The Constitutional Court of the Russian Federation consists of 19 judges.

(2) The Constitutional Court of the Russian Federation on request by the President of the Russian Federation, the House of Representatives [State Duma], one-fifth of the members of the Federation Council or deputies of the House of Representatives [State Duma] , the Government of the Russian Federation, the Supreme Court of the Russian Federation and Supreme Arbitration Court of the Russian Federation, bodies of legislative and executive power of subjects of the Russian Federation resolve cases about compliance with the Constitution of:

a) federal laws, normative acts of the President of the Russian Federation, the Federation Council, House of Representatives [State Duma] and the Government of the Russian Federation;

b) republican constitutions, charters, as well as laws and other normative acts of subjects of the Russian Federation published on issues pertaining to the jurisdiction of bodies of state power of the Russian Federation and joint jurisdiction of bodies of state power of the Russian Federation and bodies of state power of subjects of the Russian Federation;

c) agreements between bodies of state power of the Russian Federation and bodies of state power of subjects of the Russian Federation, agreements between bodies of state power of subjects of the Russian Federation;

d) international agreements of the Russian Federation that have not entered into force.

(3) The Constitutional Court of the Russian Federation resolves disputes over jurisdiction:

a) between the federal state bodies;

b) between state bodies of the Russian Federation and state bodies of the subjects of the Russian Federation;

c) between supreme state bodies of subjects of the Russian Federation.

(4) The Constitutional Court of the Russian Federation, proceeding from complaints about violation of constitutional rights and freedoms of citizens and requests from courts reviews the constitutionality of the law applied or due to be applied in a specific case in accordance with procedures established by federal law.

(5) The Constitutional Court of the Russian Federation on request by the President of the Russian Federation, the Federation Council, House of Representatives [State Duma], the Government of the Russian Federation, legislative bodies of subjects of the Russian Federation interprets the Constitution .

(6) Acts and their provisions deemed unconstitutional loose force thereof; international agreements of the Russian Federation may not be enforced and applied if they violate the Constitution.

(7) The Constitutional Court of the Russian Federation on request of the Federation Council rules on compliance with established procedures when charging the President of the Russian Federation with state treason or other grave crime.

Article 126 [Supreme Court]

The Supreme Court of the Russian Federation is the highest judiciary body on civil, criminal, administrative and other matters triable by general jurisdiction courts, and effects judiciary supervision over their activity in line with federal procedural forms and offers explanations on judicial practice issues.

Article 127 [Supreme Arbitration Court]

The Supreme Arbitration Court of the Russian Federation is the highest judiciary body resolving economic disputes and other cases considered by arbitration courts, and carries out judicial supervision over their activity in line with federal legal procedures and offers explanations on questions of judiciary practice.

Article 128 [Appointment]

(1) Judges of the Constitutional Court of the Russian Federation, of the Supreme Court of the Russian Federation, of the Supreme Arbitration Court of the Russian Federation are appointed by the Federation Council following nomination by the President of the Russian Federation.

(2) Judges of other federal courts are appointed by the President of the Russian Federation in accordance with procedures established by federal law.

(3) The powers, and procedure of the formation and activities of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation and other federal courts are established by federal constitutional law.

Article 129 [Prosecutor]

(1) The Prosecutor's Office of the Russian Federation is a single centralized system in which lower prosecutors are subordinated to higher prosecutors and the Prosecutor-General of the Russian Federation.

(2) The Prosecutor-General of the Russian Federation is appointed to his post and relieved from the post by the Federation Council on nomination by the President of the Russian Federation.

(3) Prosecutors of subjects of the Russian Federation are appointed by the Prosecutor-General of the Russian Federation after consultations with its subjects.

(4) Other prosecutors are appointed by the Prosecutor-General of the Russian Federation.

(5) The powers, organization and working procedure for the Prosecutor's Office of the Russian Federation are determined by federal law.




THE COURT SYSTEM OF THE RUSSIAN FEDERATION | JUDICIAL SYSTEM IN THE UNITED KINGDOM. | THE COURT SYSTEM OF THE USA | THE COURT SYSTEM OF CANADA | THE JUDICIARY BRANCH OF AUSTRALIA | JUDICIARY | DIFFERENCES BETWEEN CIVIL, SOCIALIST AND COMMON LAW | CIVIL COURTS | COURTS OF APPEAL | The Judicial Committee of the Privy Council. |

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