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CHAPTER 7

JUDICIAL AUTHORITY AND PUBLIC

PROSECUTION25

 

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25 The wording of the appellation of Chapter 7 has been brought into line with the Law of the Russian Federation on amendment to the Constitution of the Russian Federation of 5th February, 2014 No. 2-ФЗ “On the Supreme Court of the Russian Federation and Public Prosecution of the Russian Federation”, having entered into force as from the day of its official publication on 6th February, 2014 (Official Internet-Portal of legal information (www.pravo.gov.ru), 2014, 6th February, No. 0001201402060001).

 

 

 Article 118

1. Justice in the Russian Federation shall be ad­ministered only by court.

2. Judicial authority shall be exercised by means of constitutional, civil, administrative and criminal proceedings.

3. The judicial system in the Russian Federation shall be established by the Constitution of the Rus­sian Federation and federal constitutional law. The creation of extraordinary courts shall not be permit­ted.

 

Article 119

Judges shall be citizens of the Russian Federation over 25 years of age with a higher education in law who have served in the legal profession for not less than five years. Federal law may establish additional requirements for judges of the courts of the Russian Federation.

 

Article 120

1. Judges shall be independent and shall be subor­dinate only to the Constitution of the Russian Fede­ration and federal law.

2. Should a court establish when considering a case that a legal act of a State or other body conflicts with law, it shall take a decision in accordance with the law.

 

Article 121

1. Judges shall be irremovable.

2. The powers of a judge may be terminated or suspended only on the grounds and in accordance with the procedure established by federal law.

 

Article 122

1. Judges shall be inviolable.

2. A judge cannot face criminal liability otherwise than in accordance with the procedure established by federal law.

 

Article 123

1. The examination of cases in all courts shall be open. Cases may be heard in closed sessions in those instances where this is permitted by federal law.

2. The examination of criminal cases by default in courts shall not be permitted except in instances where this is permitted by federal law.

3. Judicial proceedings shall be conducted on the basis of controversy and the equality of the parties concerned.

4. In cases provided for by federal law, judicial proceedings shall be conducted with the participa­tion of a jury.

 

Article 124

Courts shall be financed only from the federal budget and should ensure the possibility of the complete and independent administration of justice according to the requirements of federal law.

 

Article 125

1. The Constitutional Court of the Russian Fede­ration shall consist of 19 judges.

2. The Constitutional Court of the Russian Federation, at the request of the President of the Russian Federation, the Council of Federation, the State Duma, one fifth of the members of the Council of Federation or of the deputies of the State Duma, the Government of the Russian Federation, the Supreme Court of the Russian Federation, and bodies of legislative and executive power of constituent entities of the Russian Federation, shall decide cases on conformity to the Constitution of the Russian Federation of:

а) federal laws, normative acts of the President of the Russian Federation, the Council of Federation, the State Duma, the Government of the Russian Federation;                                                                                                                                                                                         

b) constitutions of republics, charters as well as laws and other normative acts of constituent entities of the Russian Federation adopted on issues under the jurisdiction of bodies of State power of the Russian Federation and under the joint jurisdiction of bodies of State power of the Russian Federation and bodies of State power of constituent entities of the Russian Federation;

c) treaties between bodies of State power of the Russian Federation and bodies of State power of constituent entities of the Russian Federation, treaties between bodies of State power of constituent entities of the Russian Federation;

d) international treaties of the Russian Federation pending their entry into force.

3. The Constitutional Court of the Russian Fede­ration shall resolve disputes on authority:

a) between federal State government bodies;

b) between State government bodies of the Rus­sian Federation and State government bodies of constituent entities of the Russian Federation;

c) between higher State government bodies of constituent entities of the Russian Federation26.

4. The Constitutional Court of the Russian Fede­ration, on receiving complaints about violations of the constitutional rights and freedoms of citizens and upon request of courts, shall check, in accordance with the procedure established by federal law, the constitutionality of a law which is used or is to be used in a particular case.

5. The Constitutional Court of the Russian Fede­ration, upon request of the President of the Russian Federation, the Council of Federation, the State Duma, the Government of the Russian Federation, and legislative authorities of constituent entities of the Russian Federation, shall provide interpretation of the Constitution of the Russian Federation.

6. Acts or certain provisions thereof, which are recognized as unconstitutional, shall lose force; in­ternational treaties of the Russian Federation, which do not correspond to the Constitution of the Russian Federation, shall not be implemented or used.

7. The Constitutional Court of the Russian Fede­ration, upon request of the Council of Federation, shall issue a resolution on the observation of the es­tablished procedure for bringing charges of treason or of other grave crimes against the President of the Russian Federation.

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26 The wording of Section 2 has been brought into line with the Law of the Russian Federation on amendment to the Constitution of the Russian Federation of 5th February, 2014 No. 2-ФЗ “On the Supreme Court of the Russian Federation and Public Prosecution of the Russian Federation”, having entered into force as from the day of its official publication on 6th February, 2014 (Official Internet-Portal of legal information (www.pravo.gov.ru), 2014, 6th February, No. 0001201402060001).

 

Article 126
The Supreme Court of the Russian Federation shall be the highest judicial body for civil cases, settlement of economic disputes, criminal, administrative and other cases under the jurisdiction of courts formed in accordance with federal constitutional law; it shall exercise judicial supervision over their activities in the procedural forms envisaged by federal law and shall provide interpretation on issues of court proceedings27.
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27 The wording of Article 126 has been brought into line with the Law of the Russian Federation on amendment to the Constitution of the Russian Federation of 5th February, 2014 No. 2-ФЗ “On the Supreme Court of the Russian Federation and Public Prosecution of the Russian Federation”, having entered into force as from the day of its official publication on 6th February, 2014 (Official Internet-Portal of legal information (www.pravo.gov.ru), 2014, 6th February, No. 0001201402060001).

 

                                                                                                       Article 12728

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28 Article 127 has been excluded in accordance with the Law of the Russian Federation on amendment to the Constitution of the Russian Federation of 5th February, 2014 No. 2-ФЗ “On the Supreme Court of the Russian Federation and Public Prosecution of the Russian Federation”, having entered into force as from the day of its official publication on 6th February, 2014 (Official Internet-Portal of legal information (www.pravo.gov.ru), 2014, 6th February, No. 0001201402060001). 
 
                                                                                           Article 128
1. Judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation shall be appointed by the Council of Federation upon 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 the procedure established by federal law.
3. The powers and the procedure for the formation and activity of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and other federal courts shall be established by federal constitutional law29.
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29 The wording of Article 128 has been brought into line with the Law of the Russian Federation on amendment to the Constitution of the Russian Federation of 5th February, 2014 No. 2-ФЗ “On the Supreme Court of the Russian Federation and Public Prosecution of the Russian Federation”, having entered into force as from the day of its official publication on 6th February, 2014 (Official Internet-Portal of legal information (www.pravo.gov.ru), 2014, 6th February, No. 0001201402060001).
                                                                                        
                                                                                           Article 129
1. Powers, organization and procedure for the activity of public prosecution of the Russian Federation shall be determined by federal law.
2. The Prosecutor General of the Russian Federation and deputies of the Prosecutor General of the Russian Federation shall be appointed and dismissed by the Council of Federation upon a proposal of the President of the Russian Federation.
3. Public prosecutors of constituent entities of the Russian Federation shall be appointed by the President of the Russian Federation upon nomination of the Prosecutor General coordinated with constituent entities of the Russian Federation. Public prosecutors of constituent entities of the Russian Federation shall be dismissed by the President of the Russian Federation.
4. Other public prosecutors, except for public prosecutors of cities, districts and public prosecutors equated with them shall be appointed and dismissed by the President of the Russian Federation.
5. Public prosecutors of cities, districts and public prosecutors equated with them shall be appointed and dismissed by the Prosecutor General of the Russian Federation30.
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30 The wording of Article 129 has been brought into line with the Law of the Russian Federation on amendment to the Constitution of the Russian Federation of 5th February, 2014 No. 2-ФЗ “On the Supreme Court of the Russian Federation and Public Prosecution of the Russian Federation”, having entered into force as from the day of its official publication on 6th February, 2014 (Official Internet-Portal of legal information (www.pravo.gov.ru), 2014, 6th February, No. 0001201402060001).
 
 

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