LAW
ON THE JUDICIAL SYSTEM
OF THE RSFSR
No. 976 of July 8, 1981
(as amended by Laws of the Russian Federation No. 2869-1 of May 29,
1992,
No. 3200-1 of July 3, 1992, No. 5451-1 of July 16, 1993;
Federal Laws No. 50-FZ of November 28, 1994,
No. 3-FZ of January 4, 1999, and No. 37-FZ of January 2, 2000)
Table of ContentsArticle 1. Administration of Justice Only by a CourtSection II. THE COURT SYSTEM
Article 2. Legislation of the Union of Soviet Socialist Republics and the RSFSR on the Judicial System
Article 3. Tasks of Courts
Article 4. Administration of Justice by Way of Examination by a Court of Civil and Criminal Cases
Article 5. Equality of Citizens Before the Law and Court
Article 6. The Right of Citizens to Judicial Defense
Article 7. Administration of Justice in Strict Conformity with Law
Article 8 – 9. No longer in force. (Federal Law No. 37-FZ of January 2, 2000)
Article 10. Composition of the Court During the Examination of Civil and Criminal Cases, Collegiality in the Administration of Justice
Article 11. Equal Rights of People's Assessors and Judges During the Administration of Justice
Article 12. Independence of Judges and Their Subordination Only to the Law
Article 13. Language in Which Judicial Proceedings are Conducted
Article 14. Open Proceedings of Cases in All Cases
Article 15. Provision of the Right to Defense for the Accused
Article 16. Legal Assistance of the Bar for Citizens and Organizations
Article 17. Supervision by the Procurator of the Implementation of Laws During the Examination of Cases in Courts
Article 18. Participation in Court Proceedings by Representatives of Public Organizations and Labor Collectives
Article 19. Organizational Management of CourtsChapter One. Courts of the RSFSRSection III. JUDGES AND LAY JUDGESArticle 20. Courts of the RSFSRChapter Two . DISTRICT (CITY) PEOPLE'S COURTSArticle 21. Formation of District (City) People's CourtsChapter Three. KRAI, OBLAST AND CITY COURTS, COURTS OF AUTONOMOUS OBLASTS AND COURTS OF AUTONOMOUS OKRUGS
Article 22. No longer in force. (Federal Law No. 37-FZ of January 2, 2000)
Article 23. Composition of District (city) People's Courts
Article 24. Quantity of People's Judges and People's Assessors
Article 25. Authorities of District (City) People's Courts
Article 26. Chairmen of District (City) People's Courts
Article 27. Replacement of a Temporarily Absent Chairman of a District (City) People's Court, Military Court of a Garrison (Army, Flotilla, Unit) or Judges of Those Courts
Article 28. No longer in force.Article 29. Procedure for Election and Subordination of Krai, Oblast and City Courts, Courts of an Autonomous Oblast and Courts of the Autonomous OkrugChapter Four. SUPREME COURTS OF AUTONOMOUS REPUBLICS
Article 30. Composition of Krai, Oblast and City Courts, Courts of the Autonomous Oblast and Courts of the Autonomous Okrugs
Article 31. Authorities of Krai, Oblast and City Courts, Courts of the Autonomous Oblast and Courts of the Autonomous Okrug
Article 32. Presidium of Krai, Oblast and City Courts, Courts of the Autonomous Oblast and Courts of the Autonomous Okrug
Article 33. Authorities of the Presidium of the Krai, Oblast and City Court, Courts of the Autonomous Oblast and Courts of the Autonomous Okrug
Article 34. Procedure for the Work of the Presidium of Krai, Oblast and City Courts, Courts of the Autonomous Oblast and Courts of the Autonomous Okrug
Article 35. Judicial Collegia of Krai, Oblast and City Courts, Courts of the Autonomous Oblast and Autonomous Krais
Article 36. Authorities of Judicial Collegia of Krai, Oblast and City Courts, Courts of the Autonomous Oblast and Courts of the Autonomous Okrugs
Article 37. Chairmen of Krai, Oblast and City Courts, Courts of the Autonomous Oblast and Courts of the Autonomous Okrugs
Article 38. Deputy Chairmen of Krai, Oblast and City Courts, Courts of the Autonomous Oblast and Courts of the Autonomous Okrugs
Article 39. Chairmen of Judicial Collegia of Krai, Oblast and City Courts, Courts of the Autonomous Oblast and Courts of the Autonomous OkrugsArticle 40. The Supreme Court of an Autonomous Republic – the Higher Judicial Body of the Autonomous RepublicChapter Five. SUPREME COURT OF THE RSFSR
Article 41. Procedure for Election and Subordination of the Supreme Court of an Autonomous Republic
Article 42. Composition of Supreme Courts of Autonomous Republics
Article 43. Authorities of the Supreme Court of the Autonomous Republic
Article 44. Presidium of the Supreme Court of an Autonomous Republic
Article 45. Authorities of the Presidium of a Supreme Court of an Autonomous Republic
Article 46. Procedure for the Work of the Presidium of a Supreme Court of an Autonomous Republic
Article 47. Judicial Collegia of a Supreme Court of an Autonomous Republic
Article 48. Authorities of Judicial Collegia of Supreme Court of an Autonomous Republic
Article 49. Chairman of a Supreme Court of an Autonomous Republic
Article 50. Deputy Chairman of a Supreme Court of an Autonomous Republic
Article 51. Chairmen of Judicial Collegia of a Supreme Court of an Autonomous RepublicArticle 52. The Supreme Court of the RSFSR - the supreme judicial body of the RSFSR
Article 53. Procedure for Election and Accountability of the RSFSR.
Article 54. Composition of the Supreme Court of the RSFSR
Article 55. Procedure for the Approval of the First Deputy Chairman and Chairmen of Judicial Collegia of the Supreme Court of the RSFSR
Article 56. Authorities of the Supreme Court of the RSFSR
Article 57. Plenum of the Supreme Court of the RSFSR
Article 58. Authorities of the Plenum of the Supreme Court of the RSFSR
Article 59. Examination of the Plenum of the Supreme Court of the RSFSR of Questions Submitted for Discussion
Article 60. Procedure for the Work of the Plenum of the Supreme Court of the RSFSR
Article 61. Presidium of the Supreme Court of the Russian Federation
Article 62. Authorities of the Presidium of the Supreme Court of the RSFSR
Article 62.1 Cassation Collegium of the Supreme Court of the Russian Federation
Article 62.2 Authorities of the Cassation Collegium of the Supreme Court of the Russian Federation
Article 63. Judicial Collegium of the Supreme Court of the RSFSR
Article 64. Authorities of Judicial Collegia of the Supreme Court of the RSFSR
Article 65. Chairman of the Supreme Court of the RSFSR
Article 66. Deputy Chairmen of the Supreme Court of the RSFSR
Article 67. Chairmen of the Cassation Collegium and Judicial Collegia of the Supreme Court of the RSFSR
Article 68. Bulletin of the Supreme Court of the RSFSRArticles 69 – 74. No longer in force.Section IV. OTHER ORGANIZATIONAL ISSUES
Article 75. Immunity of Judges and Lay Judges
Article 76. Disciplinary Liability of JudgesArticle 77. Court ExecutorsSection V. JURORS
Article 78. Structure and Staffs of Administrations of Courts of the RSFSR
Article 79. Stamp of Courts of the RSFSRArticle 80. Requirements Made of Jurors
Article 81. Compilation of Lists of Jurors
Article 82. General and Reserve Lists of Jurors
Article 83. Duties of Citizens and Officials to Provide Information for the Compilation of Lists of Jurors
Article 84. Dispatch of Lists of Jurors to Courts
Article 85. Procedure and Term for Which Citizens are Called to Perform Duties as Jurors in a Court
Article 86. Payment of Wages to Jurors
Article 87. Guarantees of Independence and Immunity of Jurors
Article 88. Liability of Persons Hindering a Juror from Performing his Duties
LAW
ON THE JUDICIAL SYSTEM
OF THE RSFSR
No. 976 of July 8, 1981(as amended by Laws of the Russian Federation No. 2869-1 of May 29, 1992,
No. 3200-1 of July 3, 1992, No. 5451-1 of July 16, 1993;
Federal Laws No. 50-FZ of November 28, 1994,
No. 3-FZ of January 4, 1999, and No. 37-FZ of January 2, 2000)
Section I. GENERAL PROVISIONS
Article 1. Administration of Justice Only by a CourtIn accordance with the Constitution of the USSR and the Constitution of the RSFSR justice in the RSFSR shall be administered only by a court.Article 2. Legislation of the Union of Soviet Socialist Republics and the RSFSR on the Judicial System
Courts of the USSR and courts of the RSFSR shall operate in the RSFSR.
Courts of the RSFSR shall be the Supreme Court of the RSFSR, the Supreme Courts of autonomous republics; krai, oblast and city courts; courts of autonomous okrugs; district (city) people's courts; and military courts. (as amended by Law of the Russian Federation No. 3200-1 of July 3, 1992)The judicial system of the RSFSR shall be defined by the Constitution of the USSR, the Constitution of the RSFSR and the constitutions of the autonomous republics, Fundamental Principles of the legislation of the USSR and union republics on the judicial system in the USSR and other legislative acts of the USSR issued in accordance therewith, and by this Law and other legislative acts of the RSFSR.Article 3. Tasks of CourtsActivity of a court during the administration of justice is intended towards the universal strengthening of socialist legality and legal order, the prevention of crimes and other legal violations and has as its objective protection from any encroachments:Article 4. Administration of Justice by Way of Examination by a Court of Civil and Criminal Cases
of the social order, and its political and economic systems, as set forth in the Constitution of the USSR, the Constitution of the RSFSR and the constitutions of autonomous republics;
of the socioeconomic, political and personal civil rights and liberties declared and guaranteed by the Constitution of the USSR, the Constitution of the RSFSR, the constitutions of autonomous republics and Soviet laws;
of the rights and lawful interests of state enterprises, institutions, organizations, collective farms, other cooperative organizations, their associations, and other public organizations.
With all its activity courts shall educate Soviet citizens in the spirit of devotion to the Motherland and the cause of communism, in the spirit of precise and steadfast implementation of the Constitution of the USSR, the constitutions of autonomous republics and Soviet laws, a careful attitude towards social property, observance of labor discipline, an honest attitude towards duty to the state and society, respect for the rights, honor and dignity of citizens, and to the rules of socialist communal life.
In implementing measures of criminal punishment, courts shall not only punish criminals, but also has as its goal their correction and rehabilitation.Justice in the RSFSR shall be administered by way of:Article 5. Equality of Citizens Before the Law and Court
1) examination and resolution in court sessions of civil cases on disputes concerning the rights and interests of citizens, state enterprises, institutions, organizations, collective farms, other cooperative organizations, their associations, and other public organizations;
2) examination in court sessions of criminal cases and the imposition of the punitive measures envisaged by law to persons guilty of committing a crime, or the acquittal of the innocent.Justice in the RSFSR shall be administered on the basis of equality of citizens before the law and court, irrespective of origin, social or property status, race or nationality, gender, education, language, relationship to religion, type and nature of occupation, place of residence and other circumstances.Article 6. The Right of Citizens to Judicial DefenseCitizens of the RSFSR shall have the right to judicial defense from encroachments on honor and dignity, life and health, of personal freedom and property.Article 7. Administration of Justice in Strict Conformity with Law
Citizens of other union republics shall enjoy in the territory of the RSFSR the right to judicial defense on an equal level with citizens of the RSFSR.Justice in the RSFSR shall be administered in strict conformity with the legislation of the USSR, RSFSR and autonomous republics. In the cases established by law, courts of the RSFSR shall also apply the legislation of other union republics.Article 10. Composition of the Court During the Examination of Civil and Criminal Cases, Collegiality in the Administration of Justice
Article 8 – 9. No longer in force. (Federal Law No. 37-FZ of January 2, 2000)
Examination of civil and criminal cases in courts shall be carried out collegially or individually; in the court of first instance – with the participation of jurors, people's assessors or collegium of three professional judges or individually by a judge.Article 11. Equal Rights of People's Assessors and Judges During the Administration of Justice
Examination of cases in judicial collegia of corresponding courts through cassation and supervisory proceedings shall be carried out by three judges.
The presidium of court shall examine cases in the presence of a majority of members of the presidium.People's Assessors During the Administration of Justice Shall Enjoy All of the Rights of Judges.Article 12. Independence of Judges and Their Subordination Only to the LawJudges, jurors and people's assessors are independent and shall be subordinate only to the law.Article 13. Language in Which Judicial Proceedings are ConductedJudicial proceedings in the RSFSR shall be conducted in the Russian language or in the language of the autonomous republic, autonomous oblast, autonomous okrug or in the language of the majority of the population of the locality in question. Persons participating in a case who do not know the language in which judicial proceedings are conducted shall be provided the right of full review of the materials of the case, participation in court actions through a translator and the right to make statements in court in his/her native language.Article 14. Open Proceedings of Cases in All CasesProceedings in all cases shall be open. Hearing of cases in closed sessions of a court shall be permitted only in the cases established by law, with observance, in this respect, of all rules of court proceedings.Article 15. Provision of the Right to Defense for the AccusedThe accused shall be provided the right to defense.Article 16. Legal Assistance of the Bar for Citizens and OrganizationsIn court proceedings on civil and criminal cases lawyers shall render legal assistance to citizens and organizations.Article 17. Supervision by the Procurator of the Implementation of Laws During the Examination of Cases in Courts
Procedure for the rendering of legal assistance by lawyers, as well as rights and duties of lawyers participating in court proceedings on civil and criminal cases shall be determined by the legislation of the USSR and RSFSR, and in the cases established by law and the legislation of other union republics.The Procurator General of the USSR and the Procurator of the RSFSR and lower procurators, subordinate to him, on the basis of and in accordance with the procedure established by the USSR and the RSFSR shall carry out supervision of the implementation of laws during the consideration of cases in courts.Article 18. Participation in Court Proceedings by Representatives of Public Organizations and Labor Collectives
The procurator shall facilitate the implementation of the courts' tasks in strict conformity with the principle of the independence of judges and the subordination thereof only to law.The participation of representatives of public organizations and labor collectives shall be permitted in court proceedings on civil and criminal cases in accordance with the procedure established by the legislation of the USSR and RSFSR.Article 19. Organizational Management of CourtsOrganizational management of courts of the RSFSR in accordance with the limits and procedure envisaged by the legislation of the USSR, the RSFSR and autonomous republics shall be carried out by:Section II. Court System
the Ministry of Justice of the USSR – in relation to courts of the USSR;
the Ministry of Justice of the RSFSR – in relation to the Supreme Courts of autonomous republics; krai, oblast and city courts; courts of autonomous oblasts and autonomous okrugs; and district (city) people's courts;
ministries of justice of autonomous republics, departments of justice of executive committees of krai, oblast and city Councils of People's Deputies – in relation to district (city) people's courts.
The Ministry of Justice of the RSFSR, ministries of justice of autonomous republics, departments of justice of executive committees of krai, oblast and city Councils of People's Deputies shall:
1) develop proposals on questions concerning the organization of courts, the conducting of elections of judges and people's assessors, the compilation of lists of jurors;
2) manage work with the staffs of courts;
3) audit the organization of the work of courts;
4) study and summarize judicial practice, coordinating that activity correspondingly with the Supreme Court of the RSFSR; the Supreme Courts of autonomous republics; krai, oblast and city courts; and courts of autonomous oblasts and autonomous okrugs;
5) organize work for keeping court statistics.
The Minister of Justice of the RSFSR shall have the right to submit to the Plenum of the Supreme Court of the RSFSR requests on the issue to courts of guiding clarifications on the application of legislation of the RSFSR.
The Ministry of Justice of the RSFSR, ministries of justice of autonomous republics, departments of justice of executive committees of krai, oblast and city Councils of People's Deputies are called upon universally to assist in the implementation of the tasks of the court, strictly observing the principle of independence of courts and the subordination thereof only to law.Chapter One. Courts of the RSFSR
Article 20. Courts of the RSFSR
The Supreme Court of the RSFSR, the Supreme Courts of autonomous republics, krai, oblast, Moscow and Leningrad city courts, courts of autonomous okrugs, district (city) people's courts and military courts shall constitute the court system of the RSFSR.Chapter Two . DISTRICT (CITY) PEOPLE'S COURTSArticle 21. Formation of District (City) People's Courts
District (city) people's courts shall be formed in the district, city (with the exception of cities of district subordination), and districts of cities.Article 22. No longer in force. (Federal Law No. 37-FZ of January 2, 2000)
The Presidium of the Supreme Court of the RSFSR, upon a submission from the Minister of Justice of the RSFSR may form one district (city) people's court for a district and city or for a district and cities located in the territory of that district.
Article 23. Composition of District (city) People's CourtsDistrict (city) people's courts shall be elected with a composition of a people's judge (people's judges) and people's assessors.Article 24. Quantity of People's Judges and People's Assessors
During the election of two or more people's judges the district, city or city district Council of People's Deputies shall approve at its session the chairman of the corresponding district (city) people's court from among the elected people's judges. A petition on this question shall be submitted by the minister of justice of the autonomous republic, or the head of the department of justice of the executive committee of the krai, oblast or city Council of People's Deputies.The quantity of people's judges and people's assessors for each district (city) people's court shall be established by the Presidium of the Supreme Council of the autonomous republic, by the executive committee of the krai, oblast or city Council of People's Deputies, the Council of People's Deputies of the autonomous oblast or autonomous okrug, upon a submission from the ministry of justice of the autonomous republic, or head of the department of justice of the executive committee of the krai, oblast or city Council of People's Deputies.Article 25. Authorities of District (City) People's CourtsDistrict (city) people's courts shall examine all civil and criminal cases, with the exception of cases classified by law as under the competence of other courts.Article 26. Chairmen of District (City) People's Courts
In cases envisaged by the legislative acts of the USSR and RSFSR, a district (city) people's court or people's judge shall examine cases on violations of administrative law.
District (city) people's courts shall study and summarize court practice, render legal assistance to comrades' courts, as well as exercise other authorities granted to them by legislation.Chairmen of district (city) people's courts shall:Article 27. Replacement of a Temporarily Absent Chairman of a District (City) People's Court, Military Court of a Garrison (Army, Flotilla, Unit) or Judges of Those Courts
1) preside at court sessions; appoint people's judges as presiding judges in court sessions; assign other duties among people's judges;
2) organize work with people's assessors;
3) conduct individual meetings, organize the court's work for the reception of citizens and consideration of proposal, applications and complaints;
4) oversee the study and summarization of court practice and the keeping of court statistics; submit proposals to state bodies, public organizations and officials on the elimination of violations of law, and reasons and conditions facilitating the commission of violations of law;
5) nominate court executors and organize their work;
6) manage the work of the court's administration;
7) organize work to improve the qualifications of employees of the court, as well as to improve the legal knowledge of lay judges;
8) organize work to promote legal knowledge and explain legislation, render legal assistance to comrades' courts;
9) exercise other authorities granted thereto by legislation.
If one people's judge is elected to a district (city) court, he shall exercise the authorities of the chairman of the district (city) people's court.In the event of the temporary absence (illness, vacation, etc.) of a representative of a district (city) people's court, the authorities of the representative of that court, in accordance with his instruction, shall be exercised by the deputy chairman of the court or one of the judges of that court. A temporarily absent chairman of a military court of a garrison (army, flotilla, unit) shall be substituted using the same procedure.Article 28. No longer in force.
In the event of the temporary absence of a judge of a district (city) national court, the performance of his duties shall be assigned to the judge of the nearest district (city) people's court by a decision of the chairman of the superior court.
In the event of the temporary absence of a judge of a military court of a garrison (army, flotilla, unit), the performance of his duties shall be assigned to the judge of the nearest military court by a decision of the chairman of the superior court.Chapter Three. KRAI, OBLAST AND CITY COURTS, COURTS OF AUTONOMOUS OBLASTS AND COURTS OF AUTONOMOUS OKRUGS
Article 29. Procedure for Election and Subordination of Krai, Oblast and City Courts, Courts of an Autonomous Oblast and Courts of the Autonomous Okrug
Krai, oblast and city courts, courts of the autonomous oblast and courts of the autonomous okrug shall be elected by the corresponding Council of People's Deputies, consisting of the chairman, deputy chairmen, members of the court and lay judges, for a period of five years.Article 30. Composition of Krai, Oblast and City Courts, Courts of the Autonomous Oblast and Courts of the Autonomous Okrugs
The quantitative composition of a krai, oblast or city court, court of an autonomous oblast or court of an autonomous okrug shall be established by the corresponding Council of People's Deputies on the basis of a submission from the Minister of Justice of the RSFSR.
Krai, oblast and city courts and courts of the autonomous oblast autonomous okrugs shall at least once during the term of their authorities submit a report on their activity and systematically report on it to the relevant Council of People's Deputies.Krai, oblast and city courts, courts of autonomous oblasts and autonomous okrugs shall operate with the following composition:Article 31. Authorities of Krai, Oblast and City Courts, Courts of the Autonomous Oblast and Courts of Autonomous Okrugs
1) presidium of the court;
2) court collegium for civil cases;
3) court collegium for criminal cases.Krai, oblast and city courts, courts of the autonomous oblast and autonomous okrugs shall:Article 32. Presidium of Krai, Oblast and City Courts, Courts of the Autonomous Oblast and Courts of Autonomous Okrug
examine within the bounds of their authorities cases as a court of first instance, through cassation proceedings, through supervisory proceedings, and based on newly discovered circumstances;
in implementing supervision over court activity of district (city) people's courts, shall also study and summarize court practice, and analyze court statistics;
exercise other authorities granted to it by legislation.The presidium of a krai, oblast or city court, court of the autonomous oblast or court of autonomous okrugs shall be formed consisting of a chairman and deputy chairman included in the composition of the presidium by their office, and other judges of the corresponding court in the number determined by the President of the Russian Federation.Article 33. Authorities of the Presidium of the Krai, Oblast and City Court, Courts of the Autonomous Oblast and Courts of Autonomous Okrugs
The composition of a court shall be approved by the President of the Russian Federation on the basis of submission from the Chairman of the Supreme Court of the Russian Federation. The approval of the composition of the presidium of a court shall be carried out in the presence of a positive conclusion from the qualifications collegium of judges of the krai, oblast, autonomous oblast, autonomous okrug or cities of Moscow and St. Petersburg.The presidium of a krai, oblast or city court, court of the autonomous oblast or court of autonomous okrugs shall:Article 34. Procedure for the Work of the Presidium of Krai, Oblast and City Courts, Courts of the Autonomous Oblast and Courts of the Autonomous Okrug
1) within the limits of its authorities examine cases through supervisory proceedings and based upon newly discovered circumstances;
2) approve upon a submission from the chairman of the court from among judges the compositions of the court collegium for civil cases and the court collegium for criminal cases;
3) examine materials for the study and summarization of court practice and analysis of court statistics;
4) hear reports of chairmen of court collegia on the activity of the collegia; examine questions on the work of the court's administration;
5) render assistance to district (city) people's courts in correctly applying legislation, coordinating their activity with the corresponding department of justice of the executive committee of the krai, oblast or city Council of People's Deputies;
6) exercise other authorities granted to him by legislation.Sessions of the presidium of a krai, oblast or city court, court of an autonomous oblast or court of an autonomous okrug shall be conducted at least twice per month.Article 35. Judicial Collegia of Krai, Oblast and City Courts, Courts of the Autonomous Oblast and Autonomous Krais
A session of a presidium shall be quorate in the presence of a majority of members of the presidium.
Decrees of a presidium shall be adopted through open voting by a majority of votes of the members of the presidium participating in the voting.
Decrees of a presidium shall be signed by the chairman of the court.Court collegia for civil cases and court collegia for criminal cases of krai, oblast and city courts and courts of autonomous oblasts and courts of autonomous okrugs shall be approved by the presidium of the court from among the judges of the corresponding court.Article 36. Authorities of Judicial Collegia of Krai, Oblast and City Courts, Courts of the Autonomous Oblast and Courts of the Autonomous Okrugs
Chairmen of court collegia shall be approved by the executive committee of the corresponding Council of People's Deputies upon a submission from the chairman of the krai, oblast or city court, or court of an autonomous oblast or court of an autonomous okrug from among the deputy chairmen or members of the court.
The chairman of a krai, oblast or city court, court of an autonomous oblast or court of an autonomous okrug in the necessary cases shall have the right by his instruction to attract judges from one collegium for examination of cases in the composition of another collegium.Court collegia for civil cases and court collegia for criminal cases of a krai, oblast or city court, or court of an autonomous oblast or court of an autonomous okrug, shall consider within the bounds of their authorities cases as a court of first instance, through cassation proceedings or based on newly discovered circumstances.Article 37. Chairmen of Krai, Oblast and City Courts, Courts of the Autonomous Oblast and Courts of the Autonomous Okrugs
Court collegia shall study and summarize court practice, analyze court statistics and exercise other authorities granted to them by legislation.The chairman of a krai, oblast or city court, or court of an autonomous oblast or court of an autonomous okrug:Article 38. Deputy Chairmen of Krai, Oblast and City Courts, Courts of the Autonomous Oblast and Courts of the Autonomous Okrugs
1) may preside in court sessions of collegia;
2) bring, within the bounds and procedure established by law, protests against decisions, sentences, rulings and decrees on court cases;
3) in the cases and in accordance with the procedures established by law, have the right to suspend the implementation of decisions and rulings on civil cases;
4) manage the organization of the work of court collegia, manages the work of the court administration;
5) convene the presidium of the court and presides at its sessions;
6) present reports on the activity of the court and report on the activity to the relevant Council of People's Deputies;
7) assign duties among deputy chairmen;
8) organize work to improve the qualifications of members of the court and employees of the administration of the court;
9) organize work for the study and summarization of court practice, and analysis of court statistics; present submissions to state bodies, public organizations and officials on the elimination of violations of law, reasons and conditions facilitating the commission of violations of law;
10) receive persons individually and organize the work of the court for receiving citizens and considering proposals, applications and complaints;
11) exercise other authorities granted to him by legislation.A deputy chairman of a krai, oblast or city court, or court of an autonomous oblast or court of an autonomous okrug:Article 39. Chairmen of Judicial Collegia of Krai, Oblast and City Courts, Courts of the Autonomous Oblast and Courts of the Autonomous Okrugs
1) may preside at court sessions of collegia;
2) carry out in accordance with the assignment of duties the management of the work of court collegia and the administration of the court;
3) receive citizens personally;
4) exercise other authorities granted to him by legislation.
In the absence of the chairman of a court the rights and duties of the chairman of the court shall upon his order be carried out by one of the deputy chairmen.A chairman of a court collegium for civil cases or court collegium for criminal case of a krai, oblast or city court, or court of an autonomous oblast or court of an autonomous okrug shall:Chapter Four. SUPREME COURTS OF AUTONOMOUS REPUBLICS
1) preside at court sessions of collegia or appoint members of the court for this;
2) carry out the management of the work of relevant collegium;
3) form compositions of the court for the consideration of cases at court sessions of collegia;
4) present to the presidium of the court reports on the activity of collegia;
5) have the right to demand from district (city) people's courts court cases for study and summarization of court practice;
6) exercise other authorities granted to him to legislation.Article 40. The Supreme Court of an Autonomous Republic – the Higher Judicial Body of the Autonomous Republic
The Supreme Court of an autonomous republic shall be the supreme judicial body of the autonomous republic and carry out supervision of court activity of district (city) people's courts of the autonomous republic in accordance with the procedure established by the legislation of the USSR and RSFSR.Article 41. Procedure for Election and Subordination of the Supreme Court of an Autonomous RepublicThe Supreme Court of an autonomous republic shall be elected by the Supreme Soviet of the autonomous republic comprising a chairman, deputy chairmen, members of the Supreme Court and people's assessors, for a term of five years.Article 42. Composition of Supreme Courts of Autonomous Republics
The quantitative composition of the Supreme Court of an autonomous republic shall be established by the Supreme Soviet of the autonomous republic.
The Supreme Court of an autonomous republic shall at least once during the period of its authorities present a report on its activity to the Supreme Soviet of the autonomous republic and systematically report on the activity to the Supreme Soviet of the autonomous republic.The Supreme Court of an autonomous republic shall operate composed of the following:Article 43. Authorities of the Supreme Court of the Autonomous Republic
1) a presidium of the Supreme Court;
2) a court collegium for civil cases;
3) a court collegium for criminal cases.The Supreme Court of an autonomous republic shall:Article 44. Presidium of the Supreme Court of an Autonomous Republic
examine within the bounds of its authorities cases as a court of first instance, through cassation proceedings, through supervisory proceedings and based on newly discovered circumstances;
in carrying out supervision over court activity of district (city) people's courts, also study and summarize court practice, and analyze court statistics;
carry out other authorities granted to it by legislation.
In accordance with the Constitution of an autonomous republic, the Supreme Court of the autonomous republic shall have the right of legislative initiative with the Supreme Soviet of the autonomous republic.The Presidium of the Supreme Court of an autonomous republic shall be formed in the composition of a chairman, deputy chairmen and members of the Supreme Court in the quantity defined by the Presidium of the Supreme Soviet of the autonomous republic.Article 45. Authorities of the Presidium of a Supreme Court of an Autonomous Republic
The composition of the presidium of a Supreme Court shall be approved by the Presidium of the Supreme Soviet of the autonomous republic upon a submission from the Supreme Court of the autonomous republic.
During the examination of court cases the participation of the procurator of the autonomous republic shall be compulsory at sessions of the presidium of the Supreme Court.The Presidium of the Supreme Court of an autonomous republic shall:Article 46. Procedure for the Work of the Presidium of a Supreme Court of an Autonomous Republic
1) within the bounds of its authorities examine cases through supervisory proceedings and based on newly discovered circumstances;
2) approve upon a submission from the chairman of the Supreme Court from among the judges of the Supreme Court the compositions of a court collegium for civil cases and a court collegium for criminal cases;
3) examine materials from the study and summarization of court practice and analysis of court statistics;
4) hear reports of chairmen of court collegia on the activity of collegia; examine questions concerning the work of the court administration;
5) examine and decide questions concerning the presentation of submissions to the Supreme Soviet of the autonomous republic and the presidium of the Supreme Soviet of the autonomous republic in accordance with the procedure for exercising the right of legislative initiative, and on the interpretation of laws of the autonomous republic – to the Presidium of the Supreme Soviet of the autonomous Republic;
6) render assistance to district (city) people's courts in correctly applying legislation, coordinating that activity with the ministry of justice of the autonomous republic;
7) exercise other authorities granted to it by legislation.Sessions of the presidium of the Supreme Court of an autonomous republic shall be conducted at least twice per month.Article 47. Judicial Collegia of a Supreme Court of an Autonomous Republic
A session of the presidium shall be quorate in the presence of a majority of the members of the presidium.
Decrees of the presidium shall be adopted by open voting by a majority of the votes of the members of the presidium participating in the voting.
Decrees of the presidium shall be signed by the chairman of the Supreme Court of the autonomous republic.A court collegium for civil cases and court collegium for criminal cases of the Supreme Court of an autonomous republic shall be approved by the presidium of the Supreme Court from among the judges of the Supreme Court.Article 48. Authorities of Judicial Collegia of Supreme Court of an Autonomous Republic
Chairmen of court collegia shall be approved by the Presidium of the Supreme Court of the autonomous republic upon a submission from the chairman of the Supreme Court of the autonomous republic from among the deputy chairmen or members of the Supreme Court.
The chairman of a Supreme Court of an autonomous republic shall when necessary have the right by his directive to attract judges from one collegium for the examination of cases in the composition of another collegium.The court collegium for civil cases and court collegium or criminal cases of the Supreme Court of an autonomous republic shall examine within the bounds of their authorities cases as a court of first instance, through cassation proceedings and based on newly discovered circumstances.Article 49. Chairman of a Supreme Court of an Autonomous Republic
Court collegia shall study and summarize court practice, analyze court statistics and exercise other authorities granted to them by law.The Chairman of a Supreme Court of an autonomous republic:Article 50. Deputy Chairman of a Supreme Court of an Autonomous Republic
1) may preside at court sessions of collegia;
2) bring, within the bounds and in accordance with the procedure established by law, protests against decisions, sentences, rulings and decrees on court cases;
3) in the cases and in accordance with the procedure established by law, have the right to suspend the implementation of decisions and rulings on civil cases;
4) manage the organization of the work of court collegia; manage the work of the administration of the court;
5) convene the presidium of the court and preside at its sessions;
6) present to the Supreme Soviet of the autonomous republic reports on the activity of the Supreme Court of the autonomous republic and report on the activity to the Presidium of the Supreme Soviet of the autonomous republic;
7) present to the Presidium of the Supreme Soviet of the autonomous republic submissions on questions requiring interpretations of laws of the autonomous republic;
8) assign duties among deputy chairmen;
9) organize work to improve the qualifications of members of the court and employees of the court administration;
10) organize work for the study and summarization of court practice, and analyze court statistics; present submissions to state bodies, public organizations and officials on the elimination of violations of law, reasons and conditions facilitating the commission of violations of law;
11) receive persons personally and organize the work of the court to receive citizens and examine proposals, applications and complaints;
12) exercise other authorities granted to him by legislation.Deputy chairmen of the Supreme Court of an autonomous republic:Article 51. Chairmen of Judicial Collegia of a Supreme Court of an Autonomous Republic
1) may preside at court sessions of collegia;
2) carry out in accordance with the assignment of duties the management of the work of court collegia and the administration of the court;
3) personally receive citizens;
4) exercise other authorities granted to them by legislation.
In the event of the absence of the chairman of a Supreme Court of an autonomous republic, the rights and duties of the chairman shall upon his order by carried out by one of the deputy chairmen.Chairmen of court collegia for civil cases and court collegia for criminal cases of the Supreme Court of an autonomous republic shall:Chapter Five. SUPREME COURT OF THE RSFSR
1) preside at court sessions of collegia led by them or appoint members of the court for this;
2) carry out the management of the work of the relevant collegium;
3) form compositions of the court for the examination of cases in court sessions of collegia;
4) present to the presidium of the Supreme Court of the autonomous republic reports on the activity of the collegia;
5) have the right to demand from district (city) people's courts court cases for the study and summarization of judicial practice;
6) exercise other authorities granted to them by legislation.Article 52. The Supreme Court of the RSFSR - the supreme judicial body of the RSFSR
The Supreme Court of the RSFSR is the highest judicial body of the RSFSR and carries out supervision over the judicial activity of courts of the RSFSR in accordance with the procedure established by the legislation of the USSR and the RSFSR.Article 53. Procedure for Election and Accountability of the RSFSR.The Supreme Court of the RSFSR shall be elected by the Supreme Soviet of the RSFSR, composed of the Chairman, Deputy Chairmen, members of the Supreme Court and lay judges, for a term of five years.Article 54. Composition of the Supreme Court of the RSFSR
The quantitative composition of the Supreme Court of the RSFSR shall be established by the Supreme Soviet of the RSFSR.
The Supreme Court of the RSFSR shall at least once during the period of its authorities submit a report on its activity to the Supreme Soviet of the RSFSR and systematically report on it to the Presidium of the Supreme Soviet of the RSFSR.The Supreme Court of the RSFSR shall operate being comprised of:Article 55. Procedure for the Approval of the First Deputy Chairman and Chairmen of Judicial Collegia of the Supreme Court of the RSFSR
1) a Plenum of the Supreme Court of the RSFSR;
2) a Presidium of the Supreme Court of the RSFSR;
3) a Cassation Collegium;
4) a Court Collegium for Civil Cases;
5) a Court Collegium for Criminal Cases;
6) a Military Collegium.The Presidium of the Supreme Court of the RSFSR shall, upon a submission from the Chairman of the Supreme Court of the RSFSR, approve from among the Deputy Chairmen of the Supreme Court of the RSFSR a First Deputy Chairman of the Supreme Court of the RSFSR and Chairmen of Court Collegia of the Supreme Court of the RSFSR.Article 56. Authorities of the Supreme Court of the RSFSRThe Supreme Court of the RSFSR shall:Article 57. Plenum of the Supreme Court of the RSFSR
within the limits of its authorities examine cases as a court of first instance, through cassation procedures, through supervisory procedures and based on newly discovered circumstances;
study and summarize court practice, analyzing court statistics and give guiding clarifications on questions concerning the application of legislation of the RSFSR which arise during the consideration of court cases. Guiding clarifications of the Plenum of the Supreme Court of the RSFSR shall be binding for courts, other bodies and officials applying the law for which the clarification is given;
implements control over the implementation by courts of the RSFSR of guiding clarifications of the Plenum of the Supreme Court of the USSR and Plenum of the Supreme Court of the RSFSR;
resolves, within the limits of its authorities, questions arising from international agreements of the USSR and RSFSR;
exercises other authorities granted to it by legislation.
In accordance with the Constitution of the RSFSR the Supreme Court of the RSFSR shall hold the right of legislative initiative in the Supreme Soviet of the RSFSR.The Plenum of the Supreme Court of the RSFSR shall operate comprised of the Chairman of the Supreme Court of the RSFSR, Deputy Chairmen and members of the Supreme Court of the RSFSR.Article 58. Authorities of the Plenum of the Supreme Court of the RSFSR
The Procurator of the RSFSR and Minister of Justice of the RSFSR shall participate in sessions of the Plenum. Participation of the Procurator of the RSFSR in the work of the Plenum is compulsory.
By invitation of the Chairman of the Supreme Court of the RSFSR judges, members of the Scientific-Consultative Council under the Supreme Court of the RSFSR, representatives of ministries, state committees, agencies, research institutions and other state and public organizations may participate in sessions of the Plenum.The Plenum of the Supreme Court of the RSFSR shall:Article 59. Examination of the Plenum of the Supreme Court of the RSFSR of Questions Submitted for Discussion
1) examine materials from the study and summarization of court practice and court statistics, as well as a submission from the Procurator of the RSFSR and Minister of Justice of the RSFSR and give guiding clarifications to courts on questions concerning the application of legislation of the RSFSR; during the discussion of questions on the issue to courts of guiding clarifications shall hear announcements of chairmen of Supreme Courts of autonomous republics, krai, oblast and city courts, courts of autonomous oblasts and courts of autonomous okrugs, and military courts, on court practice concerning the application of legislation;
2) approve upon a submission from the Chairman of the Supreme Court of the RSFSR the compositions of court collegia and the secretary of the Plenum of the Supreme Court of the RSFSR from among the judges of the Supreme Court of the RSFSR;
3) approve upon a submission from the Chairman of the Supreme Court of the RSFSR the Scientific-Consultative Council under the Supreme Court of the RSFSR;
4) consider and decide questions concerning presenting submissions to the Supreme Soviet of the RSFSR or to the Presidium of the Supreme Soviet of the RSFSR in order exercise its right of legislative initiative, and on the interpretation of laws of the RSFSR – to the Presidium of the Supreme Soviet of the RSFSR;
5) hear announcements on the work of the Presidium of the Supreme Court of the RSFSR and reports of chairmen of the Cassation Collegium and court collegia of the Supreme Court of the RSFSR on the activity of collegia;
6) examine submissions from the Chairman of the Supreme Court of the USSR and Chairman of the Supreme Court of the RSFSR on the non-conformity of guiding clarifications of the Plenum of the Supreme Court of the RSFSR to the legislation of the USSR, RSFSR or decrees of the Plenum of the Supreme Court of the USSR;
7) exercise other authorities granted to it by legislation.Questions submitted in accordance with this law for examination of the Plenum by the Chairman of the Supreme Court of the RSFSR, Procurator of the RSFSR or Minister of Justice of the RSFSR, shall be heard correspondingly based on their reports or reports of persons authorized thereby. In this respect, for questions submitted for consideration of the Plenum by the Chairman of the Supreme Court of the RSFSR or by the Minister of Justice of the RSFSR, the Procurator of the RSFSR shall give a conclusion. Persons invited to the session of the Plenum of the Supreme Court of the RSFSR may also participate in the discussion of these questionsArticle 60. Procedure for the Work of the Plenum of the Supreme Court of the RSFSR
For the preparation of a draft decree containing guiding clarifications, the Plenum where necessary shall form an editorial commission from among the members of the Plenum.The Plenum of the Supreme Court of the RSFSR shall be convened at least once every four months. The Procurator of the RSFSR and the Minister of Justice of the RSFSR shall be notified of the time of the convening of the Plenum and the questions submitted for its consideration at least 30 days prior to the session.Article 61. Presidium of the Supreme Court of the Russian Federation
Draft decrees of the Plenum shall be sent to the members of the Plenum, the Procurator of the RSFSR and the Ministry of Justice of the RSFSR at least 10 days prior to the session.
A session of the Plenum of the Supreme Court of the RSFSR shall be quorate in the presence of at least two thirds of its composition. Decrees of the Plenum of the Supreme Court of the RSFSR shall be adopted by open voting with a majority of the votes of members of the Plenum participating in the voting.
Decrees of the Plenum shall be signed by the Chairman of the Supreme Court of the RSFSR and the secretary of the Plenum.
The secretary of the Plenum of the Supreme Court of the RSFSR, along with the performance of duties as a member of the Supreme Court of the RSFSR, shall carry out organizational work for the preparation of sessions of the Plenum, ensure that a protocol is kept and take actions necessary for the implementation of decrees adopted by the Plenum.
The Presidium of the Supreme Court of the Russian Federation shall consist of 13 judges and be approved by the Federation Council of the Federal Assembly of the Russian Federation upon a submission from the President of the Russian Federation, which is based upon a submission from the Chairman of the Supreme Court of the Russian Federation, consisting of the Chairman of the Supreme Court of the Russian Federation, Deputy Chairmen included in the composition of the Presidium by office, and judges of the Supreme Court of the Russian Federation. The approval of the Presidium of the Supreme Court of the Russian Federation shall be carried out in the presence a positive conclusion of the qualifications collegium of judges of the Supreme Court of the Russian Federation.Article 62. Authorities of the Presidium of the Supreme Court of the RSFSR
Sessions of the Presidium of the Supreme Court of the Russian Federation shall be conducted at least once per month and shall be quorate in the presence of a majority of the members of the Presidium.
Decrees of the Presidium of the Supreme Court of the Russian Federation shall be adopted by a majority of the votes of members of the Presidium participating in the session, and shall be signed by the Chairman of the Supreme Court.The Presidium of the Supreme Court of the RSFSR shall:Article 62.1 Cassation Collegium of the Supreme Court of the Russian Federation
1) within the limits of its authorities examine court cases through supervisory proceedings and based on newly discovered circumstances;
2) examine materials from the study and summarization of court practice, and analysis of court statistics;
3) examine questions concerning the organization of work of court collegia and the administration of the Supreme Court of the RSFSR;
4) render assistance to inferior courts in correctly applying legislation, coordinating this activity with the Ministry of Justice of the RSFSR;
5) exercise other authorities granted to it by legislation.(introduced by Federal Law No. 3-FZ of January 4, 1999)Article 62.2 Authorities of the Cassation Collegium of the Supreme Court of the Russian Federation
The Cassation Collegium of the Supreme Court of the Russian Federation consists of the Chairman of the Cassation Collegium of the Supreme Court of the Russian Federation, 12 members from among the judges of the Supreme Court of the Russian Federation, and is approved by the Federation Council of the Federal Assembly of the Russian Federation upon a submission from the President of the Russian Federation, which is based on a submission from the Chairman of the Supreme Court of the Russian Federation and a positive conclusion of the qualification collegium of judges of the Supreme Court of the Russian Federation.
Examination of cases in the Cassation Collegium of the Supreme Court of the Russian Federation shall be carried out by the court staffs.
Judges who are members of the Cassation Collegium of the Supreme Court of the Russian Federation shall, during the periods between its sessions, participate in the examination of cases in the composition of a corresponding court collegium or the Presidium of the Supreme Court of the Russian Federation, in conformity with the requirement that a judge may not participate in the repeat consideration of one and the same case.
The Cassation Collegium of the Supreme Court of the Russian Federation shall:Article 63. Court Collegia of the Supreme Court of the RSFSR
1) consider, as a court of second instance, civil and criminal cases concerning complaints and protests against decisions, sentences, rulings and decrees handed down by the Court Collegium on Civil Cases, Court Collegium on Criminal Cases and Military Collegium of the Supreme Court of the Russian Federation as courts of first instance.
2) examine, within the bounds of its authorities, court cases based on newly discovered circumstances.
The examination of court cases by the Cassation Collegium of the Supreme Court of the Russian Federation shall be carried out in accordance with the Civil Procedure Code of the RSFSR and Criminal Procedure Code of the RSFSR.The Court Collegium for Civil Cases and the Court Collegium for Criminal Cases, as well as the Military Collegium of the Supreme Court of the RSFSR shall be approved by the Plenum of the Supreme Court of the RSFSR from among the judges of the Supreme Court of the RSFSR.Article 64. Authorities of Judicial Collegia of the Supreme Court of the RSFSR
The Chairman of the Supreme Court of the RSFSR, when necessary, shall have the right by its directive to attract judges from one collegium for examination of cases in the composition of another collegium.The Court Collegium for Civil Cases, the Court Collegium for Criminal Cases and the Military Collegium of the Supreme Court of the RSFSR shall examine, within the bounds of its authorities, cases as court of first instance, through cassation proceedings, through supervisory proceedings and based on newly discovered circumstances.Article 65. Chairman of the Supreme Court of the RSFSR
Court collegia shall study and summarize court practice, analyze court statistics and exercise other authorities granted to them by legislation.The Chairman of the Supreme Court of the RSFSR shall:Article 66. Deputy Chairmen of the Supreme Court of the RSFSR
1) bring, within the limits of and in accordance with the procedure established by law, protests against decisions, sentences, rulings and decrees on court cases;
2) in the cases and in accordance with the procedure established by law, have the right to suspend the implementation of decisions, sentences, rulings and decrees on court cases;
3) organize work for the study and summarization of court practice, and analysis of court statistics; present submissions to state bodies, public organizations and officials on the elimination of violations of law, reasons and conditions facilitating the commission of violations of law, as well as organize work for the implementation of control over the implementation of guiding clarifications of the Plenum of the Supreme Court of the USSR and Plenum of the Supreme Court of the RSFSR and submit materials for examination by the Plenum;
4) convene the Plenum of the Supreme Court of the RSFSR and preside at its sessions;
5) convene the Presidium of the Supreme Court of the RSFSR and submit for consideration by the Presidium questions requiring its decision, preside at sessions of the Presidium; may preside at court sessions of collegia of the Supreme Court of the RSFSR during the consideration of any case;
6) submit reports to the Supreme Soviet of the RSFSR on the activity of the Supreme Court of the RSFSR and report on the activity to the Presidium of the Supreme Soviet of the RSFSR;
7) present submissions to the Presidium of the Supreme Soviet of the RSFSR on questions requiring interpretations of the laws of the RSFSR;
8) present to the Plenum of the Supreme Court of the RSFSR submissions on the non-conformity of guiding clarifications of the Plenum of the Supreme Court of the RSFSR to the legislation of the USSR and RSFSR or decrees of the Plenum of the Supreme Court of the USSR, and in the event of the rejection of a submission by the Supreme Court of the RSFSR shall present the submission to the Supreme Court of the USSR, if the guiding clarification of the Plenum does not conform to the legislation of the USSR or decrees of the Plenum of the Supreme Court of the USSR, or present the submission to the Presidium of the Supreme Soviet of the RSFSR, if the guiding clarification of the Plenum does not conform to the legislation of the RSFSR;
9) assign duties among Deputy Chairmen of the Supreme Court of the RSFSR;
10) manage the organization of work of the Cassation Collegium and court collegia; manage the work of the administration of the Supreme Court of the RSFSR;
11) conduct individual reception and organize the work of the court for receiving citizens and examining proposals, applications and complaints;
12) exercise other authorities granted to him by legislation.Deputy Chairmen of the Supreme Court of the RSFSR:Article 67. Chairmen of the Cassation Collegium and Judicial Collegia of the Supreme Court of the RSFSR
1) may preside at court sessions of collegia of the Supreme Court of the RSFSR;
2) bring, within the limits and in accordance with the procedure established by law, protests against decisions, sentences, rulings and decrees on court cases;
3) in the cases and in accordance with the procedure established by law shall have the right to suspend the implementation of decisions, sentences, rulings and decrees on court cases;
4) carry out in accordance with the assignment of duties the management of the work of court collegia and structural subdivisions of the administration of the Supreme Court of the RSFSR;
5) personally receive citizens;
6) exercise other authorities granted to them by legislation.
In the event of the absence of the Chairman of the Supreme Court of the RSFSR his rights and duties shall be carried out by the First Deputy Chairman of the Supreme Court of the RSFSR, and in the absence of the First Deputy Chairman as well – the Deputy Chairman of the Supreme Court of the RSFSR.Chairmen of the Cassation Collegium and court collegia of the Supreme Court of the RSFSR shall:Article 68. Bulletin of the Supreme Court of the RSFSR
1) preside at court sessions of the collegia administered thereby or appoint for this purpose members of the court;
2) form the compositions of the court (chambers) for the examination of cases in court sessions of collegia;
3) carry out the management of the work of the corresponding collegia;
4) submit to the Plenum of the Supreme Court of the RSFSR reports on the activity of the collegia;
5) have the right to demand court cases for study and summarization of court practice;
6) organize work for improving the qualifications of members of the court of the corresponding court collegium;
7) exercise other authorities granted to them by legislation.
The Chairman of the Military Collegium of the Supreme Court of the RSFSR shall, in addition:
1) submit to the Military Collegium of the Supreme Court of the RSFSR protests against decisions, sentences or rulings, which have entered into lawful force, of military courts of the branches of the Armed Forces, districts, groups of troops, fleets and decrees of the judges of those courts;
submit to military courts of branches of the Armed Forces, districts, groups of troops and fleets, protests against decisions, sentences or rulings, which have entered into lawful force, of military courts of armies, flotillas, units, garrison and decisions of judges of those courts;
2) have the right to demand, within the limits of the authorities of the Military Collegium of the Supreme Court of the RSFSR, court cases for verification through supervisory proceedings;
3) have the right in accordance with the procedure envisaged by law to suspend the implementation of a decision, sentence, ruling or decree of a military court, against which, in accordance with this Law, it may bring a protest;
4) organize work for the study and summarization of court practice, analysis of court statistics, as well as for the implementation of control over the implementation by military courts of guiding clarifications of the Plenum of the Supreme Court of the RSFSR;
5) where necessary shall resolve the question of transferring a case from a military court of a branch of the Armed Forces, district, group of troops, or fleet, to a military court of a branch of the Armed Forces, another district, group of troops or fleet.The Supreme Court of the RSFSR shall publish a "Bulletin Verkhovnogo Suda RSFSR.".Section III. JUDGES AND LAY JUDGESArticles 69 – 74. No longer in force.
Article 75. Immunity of Judges and Lay Judges
Judges, as well as lay judges, during the their performance of duties in court may not be held criminally accountable, arrested or subjected to measures of administrative penalty which are imposed through court proceedings:Article 76. Disciplinary Liability of Judges
1) people's judges and people's lay judges of people's courts, chairmen, deputy chairmen, members and people's lay judges of krai, oblast and city courts, courts of autonomous oblasts, courts of autonomous okrugs and Supreme Courts of autonomous republics – without the consent of the Presidium of the Supreme Soviet of the RSFSR;
2) The Chairman, Deputy Chairmen and members of the Supreme Court of the RSFSR, as well as people's lay judges of that court – without the consent of the Supreme Soviet of the RSFSR, and during the periods between sessions – of the Presidium of the Supreme Soviet of the RSFSR.Judges of courts of the RSFSR shall bear disciplinary liability in accordance with the procedure established by the Statute on Disciplinary Liability of Judges of Courts of the RSFSR, as approved by the Presidium of the Supreme Soviet of the RSFSR.Section IV. OTHER QUESTIONS CONCERNING THE ORGANIZATION OF THE ACTIVITY OF JUDGES OF THE RSFSRThe implementation of decisions, rulings and decrees on civil cases and the implementation of sentences, rulings and decrees on criminal cases with respect to recovery of property, as well as other decisions and decrees in the cases envisaged by law shall be carried out by court executors.Article 78. Structure and Staffs of Administrations of Courts of the RSFSR
Court executors shall be attached to courts and be appointed by ministers of justice of autonomous republics, heads of departments of justice of executive committees of krai, oblast and city Councils of People's Deputies.
At district (city) people's courts which have two or more court executors, one of them shall be appointed senior court executor.
In accordance with the Fundamental Principles of Legislation of the USSR and Union Republics on the Court System in the USSR, demands served by court executors for the implementation decisions, sentences, ruling and decrees of courts, other decisions and decree subject to enforcement, are binding for all state enterprises, institutions, organizations, collective farms, other cooperative organizations, their associations, other public organizations, officials and citizens throughout the entire territory of the USSR.Administrations of courts shall operate for the purposes of ensuring the work of courts for the administration of justice, summarization of court practice and other activity at courts of the RSFSR.Article 79. Stamp of Courts of the RSFSR
The structure and number of staff of the administration of a district (city) people's court shall be established correspondingly by the minister of justice of the autonomous republic, head of the department of justice of the executive committee of the krai, oblast or city Council of People's Deputies within the bounds of the number of staff and salary fund approved by the Ministry of Justice of the RSFSR.
The structure and number of staff of the administration of a krai, oblast or city court, court of an autonomous oblast or court of an autonomous okrug shall be approved by the Minister of Justice of the RSFSR upon a submission from the chairman of the relevant court.
The structure and number of staff of the administration of the Supreme Court of an autonomous republic shall be approved by the Ministry of Justice of the RSFSR upon a submission from the chairman of the Supreme Court of the autonomous republic.
In order to conduct work for the study and summarization of court practice and analysis of court statistics, systematization and propaganda of Soviet legislation and for the performance of other functions connected with the activity of the Supreme Court of the RSFSR, departments and other structural subdivisions shall be formed within the composition of the Supreme Court of the RSFSR. Head of departments and other structural subdivisions and their deputies shall be senior assistant or assistants of the Chairman of the Supreme Court of the RSFSR. The Cassation Collegium, court collegia and departments of the Supreme Court of the RSFSR shall have chief and senior advisors, advisors, inspectors, as well as other employees and junior support staff.
The structure and number of staff of the administration of the Supreme Court of the RSFSR shall be approved by the Presidium of the Supreme Soviet of the RSFSR upon a submission from the Supreme Court of the RSFSR.
The staff list of the Supreme Court of the RSFSR, statutes on departments and other structural subdivisions shall be approved by the Chairman of the Supreme Court of the RSFSR.The Supreme Court of the RSFSR, Supreme Courts of autonomous republics, krai, oblast and city courts, courts of autonomous oblasts, courts of autonomous okrugs, and district (city) people's courts shall have a stamp with an image of the State Coat of Arms of the republic with its name.Section V. JurorsArticle 80. Requirements Made of Jurors
Jurors shall be citizens of the Russian Federation included in lists of jurors and called in accordance with the established procedure for participation in the examination of a case by a court.Article 81. Compilation of Lists of Jurors
Lists of jurors shall not include the following persons:
1) those not included, at the elections or national voting (referendum) preceding the compilation of lists of jurors, in the lists of voters or citizens having the right to participate in a referendum;
2) those who have not, at the time of the compilation of lists of jurors, reached the age of 25;
3) those who have a criminal record which has not been vacated or is still outstanding;
4) those who have been declared by a court to lack legal capacity or whose legal capacity has been limited by a court.
No restrictions on the inclusion of citizens in lists of jurors depending on social origin, race or nationality, property status, membership in public associations or movements, gender or faith shall not be permitted.
The following may be excluded from lists of jurors based on their written application:
1) persons who do not know the language in which the court proceedings are conducted in the locality in question;
2) dumb, deaf, blind and other persons who are handicapped;
3) persons not capable, due to their physical or psychological shortcomings, as confirmed by medical documents, successfully to perform duties as jurors;
4) elderly persons who have reached the age of 70;
5) directors and deputy directors of bodies of representative and executive authority;
6) military personnel;
7) judges, procurators, investigators, lawyers, notaries, as well as persons belonging to the management or operative composition of internal affairs and state security bodies;
8) clergy.
Representatives of courts and presiding judges shall release from the performance of duties of jurors:
1) persons suspected or accused of committing a crime;
2) persons who do not know the language in which court proceedings are conducted – where simultaneous translation is not provided at the court;
3) dumb, deaf, blind and other persons who are handicapped – in the absence of organizational or technical possibilities for their full participation in a court session;
4) persons enumerated in part four of this article – upon their request, stated prior to the completion of their selection the performance of duties as jurors on a specific case.
Representatives of courts or presiding judges may release from the performance of duties of jurors the following persons upon their oral or written application:
1) persons older than 60;
2) women with children up to the age of three;
3) persons who, by virtue of their religious convictions, believe for themselves not possible participation in the administration of justice;
4) persons whose removal from the performance of official duties could cause substantial harm to public and state interests (doctors, teachers, pilots of airliners and others);
5) other persons having legitimate reasons for not participating in a court session.
A presiding judge may remove any person from the performance of duties of a juror on a specific case whose objectivity gives rise to justifiable doubts due to unlawful influence rendered on that person, the presence of a preconceived opinion, knowledge of circumstances of the case from non-procedural sources, as well as for other reasons.Krai, oblast, district and city administrations shall annually compile general and reserve lists of jurors, including in those the number of citizens permanently residing in districts and cities of the krai or oblast necessary for the work of the krai or oblast court.Article 82. General and Reserve Lists of Jurors
The number of citizens permanently residing in districts and cities of a krai or oblast who are included in general lists of jurors must approximately correspond in the existing proportion to the number of residents of each district or city of a krai or oblast. The number of citizens included in a reserve list of jurors shall be determined by the head of the krai or oblast administration in an amount not exceeding one fourth of all jurors included in the general lists.
The terms and procedure for the compilation of general and reserve lists of jurors shall be determined by the head of the krai or oblast administration.The chairman of a krai or oblast court shall in a timely manner present to the head of the krai or oblast administration a submission on the quantity of jurors necessary for the normal work of the krai or oblast court.Article 83. Duties of Citizens and Officials to Provide Information for the Compilation of Lists of Jurors
A krai or oblast administration, in accordance with the submission from the chairman of the krai or oblast court, taking guidance from the requirements of part two of Article 81 of this Law, shall establish and inform the heads of district and city administrations the number of citizens which must be included in the lists of jurors from the corresponding district or city. This number may be exceeded during the compilation of lists of jurors by nor more than 10 per cent.
General lists of jurors shall be compiled by district and city administrations separately for each district and city of the krai or oblast on the basis of lists of voters by way of a random selection of the established number of citizens. Then from among the number of selected citizens those persons subject to exclusion from the lists of jurors in accordance with parts two and four of Article 80 of this Law shall be excluded.
District and city administrations shall notify the public of the compilation of general lists of jurors and within two weeks after this shall permit all who so desire to review them, and review applications received.
Corrected general lists of jurors which are signed by the heads of district and city administrations shall be presented to the heads of the krai or oblast administration. The krai or oblast administration shall compile, on the basis of the received districts and cities' general lists of jurors unified general lists of jurors of the krai or oblast, which shall be signed by the head of the krai or oblast administration and be sealed with a stamp.
Simultaneously with the compilation of general lists of jurors the krai or oblast administration shall compile a reserve list of jurors, in which only citizens permanently residing in the krai or oblast center or in another permanent location of a relevant court shall be included. The reserve list of jurors shall be signed by the head of the krai or oblast administration and sealed with a stamp.
Citizens, representatives of enterprises, institutions and organizations shall have the right to petition the krai or oblast administration with applications on the unlawful inclusion of or failure to include specific persons in a list or removal thereof from a list, or other errors in the list.
The krai or oblast administration shall within five days review applications received and adopt decisions which may be appealed to a court in accordance with the procedure established by civil procedure legislation.
District, city, krai and oblast administrations must regularly audit and, where necessary, amend lists of jurors, removing from the lists persons who have lost the right to be a juror, and including additionally those who were selected upon a submission of a chairman of a krai or oblast court.Citizens, officials of state bodies, as well as of enterprises, institutions and organizations must present to a district, city, krai or oblast administration upon its request the information necessary for the compilation of lists of jurors.Article 84. Dispatch of Lists of Jurors to Courts
For the failure to provide information necessary for the compilation of lists of jurors, as well as for the provision of inaccurate information, citizens, officials of state bodies, as well as of enterprises, institutions and organizations, shall bear the liability envisaged in legislation on violations of administrative law.General and reserve lists of jurors compiled by the krai or oblast administration shall be sent to the krai or oblast court. All changes introduced to lists of jurors must be sent within one week to the relevant court.Article 85. Procedure and Term for Which Citizens are Called to Perform Duties as Jurors in a Court
Upon a submission from the chairman of a krai or oblast court, the krai or oblast administration must, for the purposes of ensuring the normal activity of the krai or oblast court, present new or additional lists of jurors.The calling of the necessary number of jurors to a court for participation in the examination of cases shall be carried out by the administration of the court in accordance with directives of the judges examining cases with the participation of a collegium of jurors.Article 86. Payment of Wages for Jurors
In the event that a court discovers circumstances which require the removal of a person from the list of jurors, the court shall inform the krai or oblast administration of this.
Citizens [may be] called for performance in a court of duties as jurors once per year for 10 working days, and if the proceedings of a case begun with the participation of a juror are not completed by the expiration of that term, then for the entire time of the consideration of that case.
Persons called to court, but not selected for the composition of a collegium of jurors, may be attracted for participation as a juror in another court session.A juror shall be paid by the court from the republican budget of the Russian Federation remuneration in the amount of half of the official salary of a member of the corresponding court, but not less than half the average wage of the juror at the place of his primary work proportional to his time (quantity of working days) present in court.Article 87. Guarantees of Independence and Immunity of Jurors
Jurors shall be compensated for business trip expenses in accordance with the procedure and in the amount established by legislation for judges, and they shall also be compensated for transportation expenses for the trip to and from the location of the court based on the tariffs in effect in that locality.
The time of the performance by jurors of duties in court shall be taken into account during the calculation of all types of work experience.
All guarantees and preferences envisaged for employees of a given enterprise, institution or organization shall be preserved for jurors at their place of primary employment.
The dismissal of a juror or his transfer to lower-paid work at the initiative of the administration of an enterprise, institution, organization and employer during his performance of duties in court shall not be permitted.The independence of a juror during the performance thereby of duties in court shall be ensured by: the procedure envisaged by law for the administration of justice; the prohibition under threat of responsibility of any interference in activity for the administration of justice; the immunity of the juror.Article 88. Responsibility of Persons Hindering a Juror from Performing his Duties
Jurors, members of their families and their property are under special protection of the state. Internal affairs bodies must undertake necessary measures to ensure the safety of jurors, members of their families and the security of property owned by them if a corresponding request is received from a juror performing duties in court, as well as in cases where internal affairs bodies discover other evidence of a threat to the security of the aforementioned persons or security of their property.
The guarantees of immunity for judges, as established in Article 16 of Law of the Russian Federation On the Status of Judges of the Russian Federation shall extend in full to jurors performing duties in court.Directors of enterprises, institutions and organizations, other officials and citizens who hinder a juror from performing his duties shall bear the responsibility envisaged in legislation on administrative legal violations.
Chairman of the Presidium of the Supreme Soviet of the RSFSR
M. YASNOVSecretary of the Presidium of the Supreme Soviet of the RSFSR
Kh. NESHKOVJuly 8, 1981
No. 976
Unofficial translation by John
Fowler.