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21.11.2014, . 01:22


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Chapter 7. Judiciary

Article 118.

Article 119.

Article 120.

Article 121.

Article 122.

Article 123.

Article 124.

Article 125.

Article 126.

Article 127.

Article 128.

Article 129.


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 adversarial 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:

    - federal laws, normative acts of the President of the Russian Federation, the Federation Council, State Duma and the Government of the Russian Federation;

    - 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;

    - 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;

    - 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:

    - between the federal state bodies;

    - between state bodies of the Russian Federation and state bodies of the subjects of the Russian Federation;

    - 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.

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