Unofficial translation by John Fowler.FEDERAL
CONSTITUTIONAL LAW
No. 1-FKZ of December 31, 1996ON THE COURT SYSTEM OF THE RUSSIAN FEDERATION
Chapter 1. General ProvisionsArticle 1. Judicial authorityChapter 2. Foundations of the status of judges in the Russian Federation
Article 2. Legislation on the court system
Article 3. Unity of the court system
Article 4. Courts in the Russian Federation
Article 5. Independence of courts and independence of judges
Article 6. Binding nature of court decrees
Article 7. Equality of all before the law and courts
Article 8. Participation of citizens in the administration of justice
Article 9. Openness in the activity of courts
Article 10. Language of court proceedings and recordsArticle 11. JudgesChapter 3. Courts
Article 12. Unity of the status of judges
Article 13. Procedure for assigning authorities to judges
Article 14. Term
Article 15. Inadmissibility of removing judges
Article 16. Immunity of judgesArticle 17. Procedure for the establishment and elimination of courtsChapter 4. Concluding provisions
Article 18. The Constitutional Court of the Russian Federation
Article 19. The Supreme Court of the Russian Federation
Article 20. Supreme courts of republics, krai (oblast) courts, courts of cities of federal significance, courts of the autonomous oblast and courts of the autonomous okrug
Article 21. District courts
Article 22. Military courts
Article 23. The Supreme Arbitrage Court of the Russian Federation
Article 24. Federal arbitrage courts of okrugs
Article 25. Arbitrage courts of constituent entities of the Russian Federation
Article 26. Specialized federal courts
Article 27. Constitutional (charter) courts of constituent entities of the Russian Federation
Article 28. Justices of the peaceArticle 29. Bodies of the judicial communityChapter 5. Procedure for the entry of this Federal Constitutional Law into force
Article 30. Support for the activity of courts
Article 31. Judicial department under the Supreme Court of the Russian Federation
Article 32. Court administrations
Article 33. Financing of courts
Article 34. Symbols of state authority in courtsArticle 35. Term for the entry into force of this Federal Constitutional Law
Article 36. Special considerations for court proceedings in courts of general jurisdiction after the entry into force of this Federal Constitutional Law
Article 37. Terms of authorities of judges, as well as lay judges and arbitrators
Article 38. Procedure for financing measure to reform the court system
RUSSIAN FEDERATION
FEDERAL
CONSTITUTIONAL LAW
No. 1-FKZ of December 31, 1996ON THE COURT SYSTEM OF THE RUSSIAN FEDERATION
Approved by the State Duma on October 23, 1996
Adopted by the Federation Council on December 26, 1996Chapter 1. General Provisions
Article 1. Judicial authority1. Judicial authority in the Russian Federation is exercised only by courts, in the person of judges and jurors attracted in accordance with the procedure established by law for the administration of justice, and lay judges and arbitrators. No other bodies or persons shall have the right to take upon themselves the administration of justice.Article 2. Legislation on the court system
2. The judiciary is independent and acts independent of the legislative and executive branches of government.
3. Judicial authority is executed by way of constitutional, civil, administrative and criminal court proceedings.The court system of the Russian Federation is established by the Constitution of the Russian Federation and this Federal Constitutional Law.Article 3. Unity of the court systemThe unity of the court system of the Russian Federation is secured by:Article 4. Courts in the Russian Federation
the establishment of the court system of the Russian Federation by the Constitution of the Russian Federation and this Federal Constitutional Law;
the observance by all federal courts and justices of the peace of the rules of judicature established by federal laws;
the application by all courts of the Constitution of the Russian Federation, federal constitutional laws, federal laws, generally accepted principles and norms of international law and international agreements of the Russian Federation, as well as the constitutions (charters) and other laws of constituent entities of the Russian Federation;
the recognition of the compulsory execution in the entire territory of the Russian Federation of court decrees which have entered into lawful force;
legislative codification of the unity of the status of judges;
financing of federal courts and justices of the peace by the federal budget.1. Justice in the Russian Federation shall be administered solely by courts founded in accordance with the Constitution of the Russian Federation and this Federal Constitutional Law. The establishment of ad hoc courts and courts not envisaged by this Federal Constitutional Law shall not be permitted.Article 5. Independence of courts and independence of judges
2. The Russian Federation shall have federal courts, constitutional (charter) courts and justices of the peace of constituent entities of the Russian Federation, which constitute the court system of the Russian Federation.
3. Federal courts shall consist of:
the Constitutional Court of the Russian Federation;
the Supreme Court of the Russian Federation, supreme courts of republics, krai and oblast courts, courts of the autonomous oblast and autonomous okrugs, district courts, military and specialized courts, which constitute the system of federal courts of general jurisdiction;
the Supreme Arbitrage Court of the Russian Federation, federal arbitrage courts of the courts of okrugs, arbitrage courts of constituent entities of the Russian Federation, which constitute the system of federal arbitrage courts.
4. Courts of constituent entities of the Russian Federation shall include: constitutional (charter) courts of constituent entities of the Russian Federation, justices of the peace who are judges of general jurisdiction of constituent entities of the Russian Federation.1. Courts shall administer judicial authority independently, irrespective of anyone's will, answering only to the Constitution of the Russian Federation and the law.Article 6. Binding nature of court decrees
2. Judges, jurors, lay judges and arbitrators participating in the administration of justice are independent and answer only to the Constitution of the Russian Federation and the law. Guarantees of their independence are established by the Constitution of the Russian Federation and federal law.
3. A court, having established during the examination of a case that an act of a state or other body, or of an official, fails to conform to the Constitution of the Russian Federation, federal constitutional law, federal law, generally accepted principles and norms of international law, an international treaty of the Russian Federation, the constitution (charter) of a constituent entity of the Russian Federation, or a law of a constituent entity of the Russian Federation, shall adopt a decision in accordance with the legal provisions which have greater legal force.
4. No laws or other normative legal acts may be issued in the Russian Federation which would overturn or diminish the independence of courts or the independence of judges.
5. Persons guilty of unlawfully influencing judges, jurors, lay judges and arbitrators participating in the administration of justice, as well as of any other interference in the activity of a court, shall bear liability as established in federal law. Assuming the powers of a court shall be punishable in accordance with criminal law.1. Decrees of federal courts, justices of the peace and courts of constituent entities of the Russian Federation, as well as lawful directives, demands, orders, subpoenas and other applications which have entered into lawful force shall be binding for all bodies of state authority, bodies of local self-government, public associations, officials, other individuals and legal entities, without exception, and shall be subject to strict execution in the entire territory of the Russian Federation.Article 7. Equality of all before the law and courts
2. The failure to comply with court decree, or any other expression of contempt for the court, shall give rise to the liability envisaged by federal law.
3. The binding nature in the Russian Federation of decrees of courts of foreign states, international courts and arbitrage court shall be determined by international treaties of the Russian Federation.1. All are equal before the law and before the courts.Article 8. Participation of citizens in the administration of justice
2. Courts may not favor any bodies or persons participating in proceedings based on state, social status, gender, race, nationality, language or political affiliation or depending on their origin, wealth or position, place of residence, place of birth, relationship to religion, convictions, membership in public associations, or on any other bases not envisaged by federal law.1. Citizens of the Russian Federation have the right to participate in the administration of justice in accordance with the procedure envisaged by federal law.Article 9. Openness in the activity of courts
2. The participation jurors, lay judges and arbitrators in the administration of justice is a citizen's duty.
3. Requirements of citizens participating in the administration of justice shall be established by federal law.
4. For the time spent participating in the administration of justice jurors, lay judges and arbitrators shall be paid remuneration from the federal budget.Examination of cases in all courts shall be open. Hearing a case in a closed session may be permitted in the cases envisaged in federal law.Article 10. Language of court proceedings and records1. Proceedings and records in the Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation, Supreme Arbitrage Court of the Russian Federation, other arbitrage courts, and military courts shall be conducted in the Russian language – the state language of the Russian Federation. Proceedings and records in other federal courts of general jurisdiction may also be conducted in the state language of the republic in whose territory the court is located.Chapter 2. Foundations of the status of judges in the Russian Federation
2. Proceedings and records of justices of the peace and other courts of constituent entities of the Russian Federation shall be conducted in the Russian language or in the state language of the republic in whose territory the court is located.
3. Persons participating in a case who do know the language of the proceedings shall have the right to speak and give explanations in their native language or in any freely chosen language, as well as to use the services of an interpreter.
Article 11. Judges1. Judges are persons entrusted in accordance with the Constitution of the Russian Federation and this Federal Constitutional Law with the authorities to administer justice and who perform their duties on a professional basis.Article 12. Unity of the status of judges
2. A judge having work experience as a judge for at least ten years and has retired shall be considered to be an honorable judge. He/she may be called up to administer justice as a judge in accordance with the procedure established by the federal law.
3. Judges shall be provided, at the state's expense, material and social-household support corresponding to their high status. Salaries (monetary remuneration) may not be reduced during the entire time a judge holds his/her position.All judges in the Russian Federation have a single status and are differentiated only by authorities and competence. Special considerations for the legal status of certain categories of judges shall be determined by federal laws, and also, where envisaged thereby, by the laws of the constituent entities of the Russian Federation.Article 13. Procedure for assigning authorities to judges1. The procedure authorities to judges of the Constitutional Court of the Russian Federation is established by the Constitution of the Russian Federation and federal constitutional law.Article 14. Term
2. The Chairman of the Supreme Court of the Russian Federation and the Chairman of the Supreme Arbitrage Court of the Russian Federation shall be appointed to the position by the Federation Council of the Federal Assembly of the Russian Federation Council of the Russian Federation upon a nomination from the President of the Russian Federation, based on a conclusion from the collegia of judges of those courts.
3. Deputy chairmen and other judges of the Supreme Court of the Russian Federation and the Supreme Arbitrage Court of the Russian Federation shall be appointed to positions by the Federation Council of the Federal Assembly of the Russian Federation upon on a nomination by the President of the Russian Federation based upon a nomination from the Chairman of the Supreme Court of the Russian Federation and the Chairman of the Supreme Arbitrage Court of the Russian Federation, respectively, and an opinion of qualification collegia of judges of those courts.
4. Judges of military courts shall be appointed to their positions by the President of the Russian Federation upon on a submission from the Chairman of the Supreme Court of the Russian Federation based on a conclusion from the qualification collegia of judges of those courts. The chairmen of military courts and their deputies shall be appointed to their positions by the President of the Russian Federation upon a submission from the Chairman of the Supreme Court of the Russian Federation based on a conclusion from the Supreme Qualification Collegium of Judges of the Russian Federation.
5. Judges of federal arbitrage courts of okrugs shall be appointed to the their posts by the President of the Russian Federation upon a submission from the Chairman of the Supreme Arbitrage Court of the Russian Federation based on a conclusion from the qualification collegia of judges of those courts, with account taken of the proposals of legislative (representative) bodies of state authority of the corresponding constituent entities of the Russian Federation. Chairmen of federal arbitration courts of okrugs and their deputies shall be appointed to their posts by the President of the Russian Federation upon a submission from the Chairman of the Supreme Arbitrage Court of the Russian Federation based on the conclusion of the Supreme Qualification Collegium of Judges of the Russian Federation, with account taken of proposals from the legislative (representative) bodies of state authority of the corresponding constituent entities of the Russian Federation.
6. Judges of supreme courts of republics, krai and oblast courts, courts of cities of federal significance, courts of the autonomous oblast and autonomous okrugs, as well as judges (including chairmen and deputy chairmen) of district courts, shall be appointed to their positions by the President of the Russian Federation upon a submission from the Chairman of the Supreme Court of the Russian Federation based on a conclusion from the qualification collegia of judges of those courts and agreed with the legislative (representative) bodies of state authority of the corresponding constituent entities of the Russian Federation. Chairmen and deputy chairmen of supreme courts of republics, krai and oblast courts, courts of cities of federal significance, and courts of the autonomous oblast and autonomous okrugs, shall be appointed to their positions by the President of the Russian Federation upon a submission from the Chairman of the Supreme Court of the Russian Federation based on the conclusion from the Supreme Qualification Collegium of Judges of the Russian Federation and agreed with legislative (representative) bodies of state authority of corresponding constituent entities of the Russian Federation.
7. Judges of arbitrage courts of constituent entities of the Russian Federation shall be appointed to their positions by the President of the Russian Federation upon a submission from the Chairman of the Supreme Arbitrage Court of the Russian Federation based on a conclusion from the qualification collegia of judges of those courts and agreed with the legislative (representative) bodies of state authority of the corresponding constituent entities of the Russian Federation. Chairmen of arbitrage courts of constituent entities of the Russian Federation and their deputies shall be appointed to their positions by the President of the Russian Federation upon a submission from the Chairman of the Supreme Arbitrage Court of the Russian Federation based on a conclusion from the Supreme Qualification Collegium of Judges of the Russian Federation and agreed with legislative (representative) bodies of state authority of corresponding constituent entities of the Russian Federation.
8. Justices of the peace, as well as judges, chairmen and deputy chairmen of constitutional (charter) courts of constituent entities of the Russian Federation shall be appointed (elected) to their positions in accordance with the procedure established by the laws of the constituent entities of the Russian Federation.
9. Selection of candidates for positions of judges shall be carried out on a competitive basis.Authorities of judges of federal courts are not limited by a certain term, unless otherwise established by the Constitution of the Russian Federation or a federal constitutional law.Article 15. Inadmissibility of removing judges1. Judges may not be removed. They may not be appointed (elected) to another position or to another court without their consent.Article 16. Immunity of judges
2. The authorities of a judge may only be terminated or suspended solely on the basis of a decision by the corresponding qualification collegium of judges. If a judge was appointed (elected) to a certain term or until reaching a certain age, his/her authorities shall be considered terminated correspondingly upon the end of that term or upon reaching that age.Judges have immunity. Guarantees for judges' immunity shall be established by federal law.Chapter 3. Courts
Article 17. Procedure for the establishment and elimination of courts1. The Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation, and Supreme Arbitrage Court of the Russian Federation, established in accordance with the Constitution of the Russian Federation, may be eliminated only by entering amendments to the Constitution of the Russian Federation. Other federal courts may be established and eliminated solely by federal law.Article 18. The Constitutional Court of the Russian Federation
2. Positions of justices of the peace and constitutional (charter) courts of subjects of the Russian Federation may be established and eliminated by the laws of the constituent entities of the Russian Federation.
3. No court may be eliminated if questions concerning the administration of justice which are assigned to its competence were not simultaneously assigned to the jurisdiction of another court.1. The Constitutional Court of the Russian Federation is the judicial body for constitutional control, independently exercising judicial authority by way of constitutional court proceedings.Article 19. The Supreme Court of the Russian Federation
2. The authorities and procedure for the formation and activity of the Constitutional Court of the Russian Federation shall be established by federal constitutional law.1. The Supreme Court of the Russian Federation is the highest judicial body for civil, criminal, administrative and other cases in the jurisdiction of courts of general jurisdiction.Article 20. Supreme courts of republics, krai (oblast) courts, courts of cities of federal significance, courts of the autonomous oblast and courts of the autonomous okrug
2. The Supreme Court of the Russian Federation shall carry out, in the procedural forms envisaged by federal law, judicial supervision of the activity of courts of general jurisdiction, including military and specialized federal courts.
3. Within the bounds of its competence the Supreme Court of the Russian Federation shall examine cases as a court of second instance, through supervisory procedures and for newly discovered circumstances, and also, where envisaged by federal law, as a court of first instance.
4. The Supreme Court of the Russian Federation is directly the highest judicial level in relation to the supreme courts of republics, krai (oblast) courts, courts of cities of federal significance, courts of the autonomous oblast and autonomous okrugs, military courts of military okrugs, fleets, types and groups of troops.
5. The Supreme Court of the Russian Federation shall give clarifications on questions of judicial practice.
6. The authorities and the procedure for the formation and activity of the Supreme Court of the Russian Federation shall be established by a federal constitutional law.1. Supreme courts of republics, krai (oblast) courts, courts of cities of federal significance, courts of the autonomous oblast and courts of the autonomous okrug shall, within the bounds of their competence, examine cases as courts of first and second instance, through supervisory procedures and for newly discovered circumstances.Article 21. District courts
2. The courts enumerated in part 1 of this article are the directly superior court levels for the district courts operating in the territory of the corresponding constituent entity of the Russian Federation.
3. The authorities and procedure for the formation and activity of the courts enumerated in part 1 of this Article shall be established by a federal constitutional law.1. Within the bounds of their competence, district courts shall examine cases as courts of first and second instance and exercise other authorities envisaged by federal constitutional law.Article 22. Military courts
2. District courts are the directly superior courts in relation to justices of the people acting in the territory of the corresponding district courts.
3. The authorities and procedure for the formation and activity of a district court shall be established by a federal constitutional law.1. Military courts shall be established based on the territorial principle at the place of dislocation of troops and fleets and shall administer judicial authority for troops, bodies and formations, where federal law envisages military service.Article 23. The Supreme Arbitrage Court of the Russian Federation
2. Military courts shall, within the bounds of their competence, examine cases as a court of first and second instance, in supervisory proceedings and for newly discovered circumstances.
3. The authorities and procedure for the formation and activity of military courts shall be established by a federal constitutional law.1. The Supreme Arbitrage Court of the Russian Federation is the highest judicial body for the resolution of economic disputes and other cases examined by arbitrage courts.Article 24. Federal arbitrage courts of okrugs
2. The Supreme Arbitrage Court of the Russian Federation is the highest court level in relation to federal arbitrage courts of okrugs and arbitrage courts of constituent entities of the Russian Federation.
3. The Supreme Arbitrage Court of the Russian Federation shall carry out judicial supervision over the activity of arbitrage courts through the procedural forms envisaged by federal law.
4. The Supreme Arbitrage Court of the Russian Federation shall examine in accordance with federal law cases as a court of first instance, through supervisory procedures and for newly discovered circumstances.
5. The Supreme Arbitrage Court of the Russian Federation shall give explanations on question of court practice.
6. The authorities and procedure for the formation and activity of the Supreme Arbitrage Court of the Russian Federation shall be established by a federal constitutional law.1. Within the bounds of their competence federal arbitrage courts shall examine cases as courts of the cassation instance, as well as for newly discovered circumstances.Article 25. Arbitrage courts of constituent entities of the Russian Federation
2. Federal arbitrage courts of a district are the superior court instance for arbitrage courts of constituent entities of the Russian Federation operating in the territory of the corresponding court districts.
3. The authorities and procedure for the formation and activity of federal arbitrage courts of districts shall be established by a federal constitutional law.1. With the bounds of their competence arbitrage court of constituent entities of the Russian Federation shall examine cases as a court of first and appellate instances, as well as for newly discovered circumstances.Article 26. Specialized federal courts
2. The authorities and procedure for the formation and activity of arbitrage courts of constituent entities of the Russian Federation shall be established by a federal constitutional law.1. Specialized federal courts for the examination of civil and administrative cases shall be founded by way of entering amendments and additions to this Federal Constitutional Law.Article 27. Constitutional (charter) courts of constituent entities of the Russian Federation
2. The authorities and procedure for the formation and activity of specialized federal courts shall be established by a federal constitutional law.1. The constitutional (charter) court of a constituent entity of the Russian Federation may be established by the constituent entity of the Russian Federation for the examination of questions concerning the conformity of laws of the constituent entities of the Russian Federation, normative legal acts of bodies of state authority of the constituent entity of the Russian Federation, or bodies of local self-government of the constituent entity of the Russian Federation, to the constitution (charter) of the constituent entity of the Russian Federation, as well as for the interpretation of the constitution (charter) of the constituent entity of the Russian Federation.Article 28. Justices of the peace
2. Financing of the constitutional (charter) court of a constituent entity of the Russian Federation shall be effected at the expense of the funds of the corresponding constituent entity of the Russian Federation.
3. The constitutional (charter) court of a constituent entity of the Russian Federation shall examine issues assigned to its competence in accordance with the procedure established by the law of the constituent entity of the Russian Federation.
4. The decision of a constitutional (charter) court of a constituent entity of the Russian Federation, adopted within the bounds of its authorities, may not be reviewed by another court.1. Justices of the peace, within the bounds of their competence, shall examine civil, administrative and criminal cases as a court of first instance.Chapter 4. Concluding provisions
2. The authorities and procedure for the activity of justices of the peace shall be established by federal law and the law of the subject of the Russian Federation.
Article 29. Bodies of the judicial community1. Bodies of the judicial community shall established in accordance with the procedure established by federal law for the expression of the interests of judges as the bearers of judicial authority.Article 30. Support for the activity of courts
2. The highest body of the judicial community shall be the All-Russia Congress of Judges, which shall form the Council of Judges of the Russian Federation and the Supreme Qualification Collegium of Judges of the Russian Federation.
3. The competence and the procedure for the formation of the bodies of the judicial community shall be established by federal law.1. Support for the activity of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitrage Court of the Russian Federation shall be provided by the administrations of those courts.Article 31. Judicial department under the Supreme Court of the Russian Federation
2. Support for the activity of other courts of general jurisdiction shall be provided by the Judicial Department under the Supreme Court of the Russian Federation.
3. Support for the activity of other arbitrage courts shall be provided the Supreme Arbitrage Court of the Russian Federation.1. The judicial department under the Supreme Court of the Russian Federation and bodies included in its system shall organizationally support the activity of courts of general jurisdiction and bodies of the judicial community, and shall provide necessary resources for their use.Article 32. Court administrations
2. The director of the Judicial Department under the Supreme Court of the Russian Federation shall be appointed to the position and dismissed from the position by the Chairman of the Supreme Court of the Russian Federation with the consent of the Council of Judges of the Russian Federation.
3. Employees of the Judicial Department under the Supreme Court of the Russian Federation shall be state civil servants. They shall be assigned ranks and other special titles.
4. The Judicial Department under the Supreme Court of the Russian Federation shall be a legal entity.
5. The structure, authorities and procedure for the activity of the Judicial Department under the Supreme Court of the Russian Federation and bodies included in its system shall be established by federal law.1. Court administrations shall support the work of courts and shall be subordinate to the chairmen of the corresponding courts.Article 33. Financing of courts
2. Employees of court administrations shall be state civil servants, and they shall be assigned ranks and other special titles, and in military courts military titles may also be assigned.1. Financing of courts must provide opportunity for full and independent administration of justice in accordance with federal law.Article 34. Symbols of state authority in courts
2. Financing of the Constitutional Court of the Russian Federation, courts of general jurisdiction, arbitrage courts and justices of the peace shall be performed on the basis of norms established by federal law and indicated in separate line items in the federal budget.
3. The Government of the Russian Federation shall draft the federal budget with respect to financing courts in conjunction with the chairmen of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitrazh Court of the Russian Federation, the director of the Judicial Department under the Supreme Court of the Russian Federation and with the Council of Judges of the Russian Federation. In the event of disagreements, the Government of the Russian Federation shall attach to the federal budget the proposals of the relevant courts, of the Judicial Department under the Supreme Court of the Russian Federation and the Council of Judges of the Russian Federation, together with their conclusion.
4. Representatives of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitrage Court of the Russian Federation, the Council of Judges of the Russian Federation and the director of the Judicial Department under the Supreme Court of the Russian Federation shall have the right to participate in the discussion of the federal budget in the Federation Council of the Russian Federation.
5. The amount of budget funds allocated to financing judges in the current financial year or subject to allocation for the next financial year may be reduced only with the consent of the All-Russia Congress of Judges of the Council of Judges of the Russian Federation.1. The State Flag of the Russian Federation shall be installed in court buildings, and the State Flag of the Russian Federation and the image of the State Seal of the Russian Federation shall be placed in courtrooms. The flag of constituent entity of the Russian Federation may also be installed at court buildings, and the flag and image of the seal of the constituent entity of the Russian Federation may be displayed in courtrooms.Chapter 5. Procedure for the entry of this Federal Constitutional Law into force
2. When administering justice, judges shall be in robes or have another distinguishing sign of their position.
Article 35. Term for the entry into force of this Federal Constitutional Law1. This Federal Constitutional Law shall enter into force as from January 1, 1997.Article 36. Special considerations for court proceedings in courts of general jurisdiction after the entry into force of this Federal Constitutional Law
2. The Law of the RSFSR of July 8, 1981 On the Judicial System of the RSFSR, with subsequent amendments and additions (Vedomosti of the Supreme Soviet of the RSFSR, 1981, No. 28, art. 976; Vedomosti of the Congress of Peoples' Deputies and the Supreme Soviet of the Russian Federation, 1992, No. 27, art. 1560; No. 30, art. 1794; 1993, No. 33, art. 1313; Collected Legislation of the Russian Federation, 1994, No. 32, art. 3300), shall be applicable to the extent that it does not contravene this Federal Constitutional Law.
3. The Statute on Military Tribunals, as amended by Law of the USSR of June 25, 1980 (Vedomosti of the Supreme Soviet of the USSR, 1980, No. 27, art. 546) shall be applicable to the extent that it does not contravene this Federal Constitutional Law.
4. Part 2 of Article 33 of this Federal Constitutional Law with respect to the financing on courts on the basis of norms shall enter into force from the date of the entry into force of a corresponding law.
5. Until the entry into force of a federal constitutional law on military courts, financing and material and technical support for military courts shall be carried out in accordance with the procedure established by the Federal Law On Certain Questions of the Organization and Activity of Military Courts and Bodies of Military Justice.1. District (city) courts formed prior to the entry into force of this Federal Constitutional Law shall be considered to be district courts.Article 37. Terms of authorities of judges, as well as lay judges and arbitrators
2. Courts which are examining cases in appeals or cassation proceedings shall be superior in relation to courts of first instance. Courts which are examining cases in supervisory proceedings shall be considered superior in relation to the courts which previously adopted decisions on the cases.
3. The entry into force of this Federal Constitutional Law shall not give rise to changes in the composition of courts for cases whose consideration began earlier.With the entry into force of this Federal Constitutional Law, the judges of all courts of the Russian Federation, as well as lay judges and arbitrators, shall retain their authorities until the expiry of the term for which they were elected (appointed).Article 38. Procedure for financing measures to reform the court system1. Expenditures for financing measures connected with reforming the court system shall be specified in a separate line item in the federal budget.President
2. As from January 1, 1997 the staff of subdivisions of the Ministry of Justice of the Russian Federation proportionate to that portion of their work which is connected with financing and supporting the activity of courts, with the exception of military courts, shall be transferred to the Court Department under the Supreme Court of the Russian Federation with the opening for the same term of financing for the Court Department under the Supreme Court of the Russian Federation directly from the federal budget in the amount of the funds released as a result of reducing the number of staff in corresponding subdivisions of the Ministry of Justice of the Russian Federation.
Russian Federation
B. YELTSIN
Moscow, the Kremlin
No. 1-FKZ of December 31, 1996
Unofficial translation by John
Fowler.