Russian Constitution - Pt. 7

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Summary: Chapter 7, Judicial Branch; Articles 118 - 129.

Chapter 7:

JUDICIAL BRANCH

Article 118

1) Justice in the Russian Federation is exercised only by the court.

2) Judicial power is exercised by means of constitutional, civil, administrative, and criminal court proceedings.

3) The judicial system of the Russian Federation is established by the Constitution of the Russian Federation and by federal constitutional law. The creation of emergency courts is not permitted.

Article 119

Citizens of the Russian Federation who have attained the age of twenty-five and have higher legal education and at least five years' experience in the legal profession may be justices. Additional requirements for justices in the courts of the Russian Federation may be imposed by federal law.

Article 120

1) Justices are independent and are subordinate only to the Constitution of the Russian Federation and to federal law.

2) The court, having determined in the course or examining a case that an enactment of a state organ or other organ is not in accordance with the law, adopts a ruling in accordance with the law.

Article 121

1) Justices may not be removed.

2) A justice's powers may not be terminated or suspended except in accordance with the procedure and on the grounds laid down by federal law.

Article 122

1) Justices enjoy immunity.

2) A justice may not be subjected to criminal proceedings except in accordance with the procedure defined by federal law.

Article 123

1) The examination of cases in all courts is open. Hearing a case in closed session is permitted in circumstances stipulated in federal law.

2) The in absentia examination of criminal cases in the courts is not permitted, except in circumstances stipulated in federal law.

3) Court proceedings are carried out on the basis of the adversarial system and the equal rights of the parties.

4) In circumstances stipulated in federal law, court proceedings take place with the participation with federal law.

Article 124

The financing of courts is effected solely from the federal budget, and must ensure the possibility of the complete and independent exercise of justice in accordance with federal law.

Article 125

1) The Constitutional Court of the Russian Federation consists of nineteen justices.

2) The Constitutional Court of the Russian Federation, on the application of the President of the Russian Federation, the Federation Council, 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 or the Superior Court of Arbitration of the Russian Federation, or organs of legislative and executive power of the components of the Russian Federation, resolves cases relating to the compliance with the Constitution of the Russian Federation of ;

a. federal laws and normative enactments of the President of the Russian Federation, the Federation Council, the State Duma, or the Government of the Russian Federation;

b. the constitutions of republics and the charters of the components of the Russian Federation and laws and other normative acts issued by them on matters, falling within the jurisdiction of organs of State power of the Russian Federation;

c. treaties between organs of State power of the Russian Federation and organs of State power of components of the Russian Federation and treaties between organs of State power of components of the Russian Federation;

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

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

a. between federal organs of State power;

b. between organs of State power of the Russian Federation and organs of State power of components of the Russian Federation;

c. between the highest State organs of components of the Russian Federation.

4) The Constitutional State organs of the Russian Federation, on the basis of complaints regarding the violation of citizens' constitutional rights and freedoms and at the request of justices, examines the constitutionality of the law that has been applied or is applicable in the specific case, in accordance with the procedure laid down by federal law.

5) The Constitutional Court of the Russian Federation, on the application of the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation, or the organs of legislative power of components of the Russian Federation, provides an interpretation of the Constitution of the Russian Federation.

6) Enactments or individual clauses that are deemed unconstitutional lose their force; international treaties of the Russian Federation that are not compatible with the Constitution of the Russian Federation are not valid for entry into force or application.

7) The Constitutional Court of the Russian Federation, on the application of the Federation Council, issues a ruling on whether the presentation of a charge against the President of the Russian Federation of treason or the commission of some other grave crime complies with established procedure.

Article 126

The Supreme Court of the Russian Federation is the highest judicial organ of civil, criminal, administrative, or other cases under the jurisdiction of the courts of general jurisdiction, exercises judicial oversight over their activity within the procedural forms laid down by federal law, and provides clarification on questions of judicial practice.

Article 127

The Superior Court of Arbitration of the Russian Federation is the highest judicial organ for the resolution of economic disputes and other cases examined by the courts of arbitration, exercise judicial oversight over their activity within the procedural forms laid down by federal law, and provides clarification on questions of judicial practice.

Article 128

1) Justices of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, and the Superior Court of Arbitration of the Russian Federation are appointed by the Federation Council on the submission of the President of the Russian Federation.

2) Justices of other federal courts are appointed by the President of the Russian Federation in accordance with procedure laid down 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, the Superior Court of Arbitration of the Russian Federation, and other federal courts are laid down by federal constitutional law.

Article 129

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

2) The General Prosecutor of the Russian Federation is appointed and released from office by the Federation Council on the submission of the President of the Russian Federation.

3) The prosecutors of components of the Russian Federation are appointed by the General Prosecutor of the Russian Federation by agreement with the Federation components.

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

5) The powers and the organization and procedure of activity of the Russian Federation Prosecutor's Office are defined by federal law.

Chapter One | Chapter Two | Chapter Three |
Chapter Four | Chapter Five | Chapter Six |
Chapter Seven | Chapter Eight | Chapter Nine |
Section Two | Index |

Midnight Diaries