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COUNTRY PROFILE |
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THE CONSTITUTION OF RUSSIAN FEDERATION
Chapter 7. The Judiciary
Article 118.
1. Justice in the Russian Federation shall be administered only by law
courts.
2. Judiciary power shall be exercised to constitutional, civil, administrative
and criminal process.
3. The judiciary system of the Russian Federation shall be established
by the Constitution of the Russian Federation and the federal constitutional
law. The creation of extraordinary courts shall be forbidden.
Article 119.
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.
1. Judges shall be independent and shall obey only the Constitution of
the Russian Federation and the federal law.
2. A court of law, having established the illegality of an act of government
or any other body, shall pass a ruling in accordance with law.
Article 121.
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.
1. Judges shall possess immunity.
2. Criminal proceedings may not be brought against a judge except as provided
for by federal law.
Article 123.
1. All trials in all law courts shall be 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 shall not be allowed
except the cases provided for by the federal law.
3. The trial shall be conducted on an advers Times New Roman and equal
basis.
4. In cases stipulated by federal law trials shall be held by jury.
Article 124.
Law courts shall be financed only out of the federal budget and financing
shall ensure full and independent administration of justice in accordance
with federal law.
Article 125.
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 State Duma, one-fifth of the
members of the Federation Council or deputies of the 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 shall resolve
cases about compliance with the Constitution of the Russian Federation
of:
a) federal laws, normative acts of the President of the Russian Federation,
the Federation Council, 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 shall resolve 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 shall review 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, State Duma,
the Government of the Russian Federation, legislative bodies of subjects
of the Russian Federation shall interpret the Constitution of the Russian
Federation.
6. Acts and their provisions deemed unconstitutional shall loose force
thereof; international agreements of the Russian Federation may not be
enforced and applied if they violate the Constitution of the Russian Federation.
7. The Constitutional Court of the Russian Federation on request of the
Federation Council shall rule on compliance with established procedures
when charging the President of the Russian Federation with state treason
or other grave crime.
Article 126.
The Supreme Court of the Russian Federation shall be the highest judiciary
body on civil, criminal, administrative and other matters triable by general
jurisdiction courts, and shall effect judiciary supervision over their
activity in line with federal procedural forms and shall offer explanations
on judicial practice issues.
Article 127.
The Supreme Arbitration Court of the Russian Federation shall be the highest
judiciary body resolving economic disputes and other cases considered
by arbitration courts, and shall carry out judicial supervision over their
activity in line with federal legal procedures and shall offer explanations
on questions of judiciary practice.
Article 128.
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 shall be appointed by the Federation Council
following nomination by the President of the Russian Federation.
2. Judges of other federal courts shall be 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 shall be established by federal constitutional law.
Article 129.
1. The Prosecutor's Office of the Russian Federation is a single centralized
system in which
2. Lower prosecutors are subordinated to higher prosecutors and the Prosecutor-General
of the Russian Federation.
3. The Prosecutor-General of the Russian Federation shall be appointed
to his post and relieved from the post by the Federation Council on nomination
by the President of the Russian Federation.
4. Prosecutors of subjects of the Russian Federation shall be appointed
by the Prosecutor-General of the Russian Federation after consultations
with its subjects.
5. Other prosecutors shall be appointed by the Prosecutor- General of
the Russian Federation.
6. The powers, organization and working procedure for the Prosecutor's
Office of the Russian Federation shall be determined by federal law.
For further details please contact:
tel: (01) 492 34 92
fax: (01) 492 35 25
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