Denis Novak, Master of Private Law, Lawyer College of Lawyers "Yukov, Krenov and Partners".

Evgeny Razzhevsky, Candidate legal Sciences, Master of Private Law, Lawyer of the Bar of Lawyers "Yukov, Krenov and Partners".

Protecting interests legal entity In the Arbitration Court, it sometimes requires attraction of the justice of arbitration assessors, which is designed to provide an objective and impartial resolution of the dispute. The forensic arbitration practice revealed the problem of an overly wide discretion of the judge, solely considering the case, when permitting the petition for the part of the consideration of the case with the participation of arbitration assessors.

Failure to attract arbitration assessors - a gross violation of legal proceedings

According to Part 3 of Art. 17 APC RF, para. 1 h. 2 tbsp. 19 of the APC RF, the arbitration siters are involved in consideration in the arbitration courts of the first instance of economic disputes and other cases arising from civil and other legal relations, if any parties will be announced a petition for the consideration of the case with the participation of arbitration assessors no later than one month before the start judicial trial.

The procedure for attracting arbitration assessors to the implementation of justice is determined by Art. 19 of the APC RF and federal law "On arbitration assessors of arbitration courts of subjects Russian Federation"May 30, 2001

In part 1 tbsp. 159 APC RF established that statements and petitions of persons participating in the case are justified by these persons. In resolving applications and petitions of persons participating in the case, on issues related to the proceedings of the case, the Court may satisfy such a statement (petition) or refuse to satisfy it, considering it not enough argument.

Arbitration courts are often widespread by Art. 159 of the APC RF, denies the parties to satisfy their petitions on the consideration of the case with the participation of arbitration assessors, motivating this by the fact that the applicant did not substantiate the need to attract arbitration assessors to participate in<1>.

<1> See, for example: Resolutions of the FAS of the North-Western District of January 15, 2003 in case No. A56-20968 / 02 and from 29.08.2005 in case N D56-41520 / 2004; Resolutions of the FAS of the Moscow District of January 25, 2005 in case N kg-A40 / 13054-04 and from 03/30/2005 in case N kg-A40 / 1052-05.

At the same time, refusals to satisfy the petition for the consideration of the case with the participation of arbitration assessors with reference to insufficient substantiation or an imbreed nature of the case are a gross violation of the main principles of legal proceedings in arbitration courts and should lead to unconditional abolition of judicial acts issued by the judge alone, as accepted by the illegal court.

One of the guarantees of ensuring the independence and impartiality of the court in the implementation of justice, as well as the unhindered implementation of the constitutional law on judicial protection, is the direct and clear definition of the law of the procedure for the formation of the composition of the court, which considers the case in accordance with the established jurisdiction. Establishment procedural law The jurisdiction of the case of a certain composition of the trial (so-called composite jurisdiction) is based on the position of Part 1 of Art. 47 of the Constitution of the Russian Federation, providing for the right of everyone to consider his case in the court and the judge, to the jurisdiction of which it is related to the law.

According to Part 1 of Art. 1 of the Federal Constitutional Law "On judicial system Of the Russian Federation "of December 31, 1996, the judiciary in the Russian Federation belongs to the courts represented by judges and those attracted in the laws established by law to implement the justice of the people in the person of the jury, folk and arbitration assessors.

The procedural specificity of the petition for the consideration of the case with the participation of arbitration assessors is that, stating it, the party in the case implements its unconditional right to consider the case by the court of first instance with the participation of arbitration assessors. This is evidenced by the rules contained in para. 2 h. 2 tbsp. 19 of the APC RF, paragraph 2 of Part 1 of Art. 135 of the APC of the Russian Federation, according to which the judge is obliged to clarify the parties to the Parties with the right to consider the case with the participation of arbitration sites.

The inability to be guided by Art. 159 APC of the Russian Federation in the situation under consideration also follows from the fact that the right to the application of the petition under consideration is a declaration, i.e. The party loses it without implementing in the established procedural term<2>. The continuation of the process without the participation of arbitration assessors takes place due to the "non-extractive law" of the parties to attract them to the process<3>. At the same time, h. 3 Art. 159 The APC of the Russian Federation provides that the person who is denied the satisfaction of the petition, including when preparing a case for a trial, in the preliminary meeting, has the right to declare it again during further trial.

<2> The theory of consideration of the procedural rights of the parties as those wearing a deximal nature was justified by one of the founders of the modern civil process of Germany O. Bulove (the so-called Bluelle direction in the science of the civil procedure). See Read more: Golmstin A.H. The principle of identity B. civil Procedure. SPB.: TYPHR. Rule. Senate, 1884. S. 7.
<3> See: Golmstin A.H. Decree. cit. P. 7.

The ability of the procedural right under consideration is confirmed by the norm of para. 1 h. 3 of Art. 17 of the APC of the Russian Federation, according to which one is only the fact of the application of the application for the consideration of the case involving the arbitration assessors with the need to entail the emergence of the court to hear the case in collegial composition, provided that the dispute is not attributed to the list of cases not subject to consideration with the participation of arbitration sites (paras . 2 h. 3 of Art. 17 APC RF).

Despite the fact that other persons participating in the case are entitled to nominate procedural objections to satisfy the petition to attract arbitration assessors (for example, referring to the impossibility of consideration of a specific case with their participation or skipping period for the application), these objections are procedural, as they In fact, there are only "forms of reminder of the court about his obligation to initiate the question of the absence in the process of one or another required condition"<4>. The judge, considering the petition, should ex officio to evaluate these questions. Following compliance with the law of justice established by the law, the court is obliged, for example, to comply with the deadline for the application of the application, but not to evaluate the feasibility or to look for the rationale for the attraction of arbitration assessors to consider the case. In the implementation of the emphasis, the "consideration of the petition, which obviously leaves no place for the discrete discretion of the judge of the Arbitration Court in this matter.

<4> Bulow O. Die Lehre Von Den Processeinreden und Processvoraussetzungen. Giessen, 1868. S. 1. (Cyt. By: Golmstin A.H. The principle of identity in civil procedure. 1884. P. 3).

It seems that the legislator seems to introduce a system of legal proceedings with the participation of arbitration assessors, could not and assume that some judges of our arbitration courts when considering appropriate applications will evaluate their own ability to one of the sole consideration of a particular case, assuring the parties - by refusing a petition - in His competence. NEMO Judex in Re SUA (no one can be a judge in his own dispute) - says the ancient legal migration. Of course, the judges of the arbitration courts are not the exception (for example, the reference of the judge is not considered by himself, but by other judges - part 2 of Art. 25 of the APC RF). Therefore, if the judge fails to attract the arbitration assessors, on the basis of the unreasonableness of the appropriate petition or its inceffusion, there are inevitable doubts about the impartiality of that judge who retains the opportunity to only consider the case (paragraph 5 of Part 1 of Art. 21 of the APC RF).

Thus, firstly, the party intended to take advantage of its right to consider the case with the participation of arbitration assessors, is not obliged to argue the need to attract arbitration assessors to consider the case. There is a fairly simple expression of the will of the parties in the permissible procedural form (oral or written petition).

Secondly, as it is rightly noted in the literature, "the judge is not entitled to leave without satisfaction the stated petition of the proper subject of the process of consideration of the case with the participation of assessors"<5>.

<5> Commentary on the Arbitration Procedure Code of the Russian Federation / Ed. G.A. Zilina. M., 2003. S. 47 (Author comment to Art. 19 of the APC RF - G.A. Zhilin).

Is the list of cases not subject to consideration with the participation of arbitration assessors, exhaustive?

In para 2 h. 3 tbsp. 17 APC RF is indicated that they are not subject to consideration with the participation of arbitration cases of the case, considered in the first instance of the arbitration court by the collegial composition of judges, as well as cases arising from administrative and other public relations, and the affairs of special production.

Although the provisions of the law, limiting the relevant rights, are always exceptional and, based on their essence, are not subject to expansion, in the practice of arbitration courts, a question arose: is a list of cases not subject to consideration with the participation of arbitration assessors, enshrined in an ABZ. 2 h. 3 tbsp. 17 APC RF, exhaustive? Practice at the level of federal arbitration courts of districts indicates the absence of a uniform position on this matter.

In paragraph 1 of the Resolution of the Presidium of the FAS of the North-Western District dated November 1, 2002 N 56, adopted following the meeting of the Scientific and Advisory Council at the specified court in order to ensure the uniformity of the application of the norms of procedural law when considering cases, it was noted that the literal interpretation of the APC RF Adjusts the rejection of the application for the consideration of the case with the participation of arbitration assessors in two cases: either missed the monthly period provided for by Part 2 of Art. 19 APC RF, or the case is not subject to consideration with the participation of arbitration assessors in accordance with Part 3 of Art. 17 APC RF. At the same time, in the same paragraph 1 of the decision, it is indicated that, based on the above literal interpretation of the provisions of the APC RF, cannot be argued whether there is an exhaustive list of grounds for refusing to satisfy such a petition. The basis for refusal to satisfy it may be, in particular, abuse by their procedural rights.

On the contrary, the FAS of the East-Siberian District in one of its regulations indicated that the APC RF contains an exhaustive list of cases that are not subject to consideration with the participation of arbitration assessors. Based on the meaning of Part 3 of Art. 17 APC RF and Art. 19 APC RF Arbitration Court in the presence of a petition Party to consider the case with the participation of arbitration assessors is not entitled to arbitrarily refuse to satisfy this petition<6>.

<6> Decree of the FAS of the Eastern Siberian District of 02/17/03 in case No. A78-7090 / 02-C1-5 / 129-F02-379 / 03-C2.

Position of the Presidium of the Russian Federation

Recently, the Presidium of the Russian Federation reviewed several cases, in which the issue of substantiation of rejection of the arbitration court of petition on the consideration of the case with the participation of arbitration assessors was discussed. Decisions of the Presidium of the Supreme Arbitration Court of the Russian Federation of May 31, 2005 N 1934/05, of May 31, 2005 N 1946/05 and on July 19, 2005 N 4994/05 were canceled judicial acts The lower arbitral vessels on the grounds that the case was considered by the court in the illegal composition without the participation of arbitration assessors.

In each of these cases, the court of first instance refused to satisfy the application for the consideration of the case with the participation of arbitration assessors declared by the defendant to the established part 2 of Art. 19 of the APC RF term, according to such grounds: the subject of the dispute does not submit special difficulties requiring special knowledge; Of the actions of the defendant, it is not seen that the decision on this case is significant for him; The applicant did not substantiate the need to attract arbitration assessors.

The Presidium of the Russian Federation recognized the illegal motivation of the refusal to attract arbitration assessors, noting that the result of the consideration of the dispute has significant importance for the defendant, and some of the similar cases involving the same parties were considered by the Arbitration Court of First Instance as part of the judges and two arbitration.

In addition, the Presidium of the Russian Federation indicated the following:

"In accordance with Part 3 of Article 17 of the Arbitration procedure Code Of the Russian Federation, the Arbitration Court of First Instance consisted of judges and two arbitration assessors considers economic disputes and other cases arising from civil and other legal relations if any parties declare a petition for the consideration of the case with the participation of arbitration assessors (para. 1 hour 3 . 17 APC RF. - approx. Authors).

It is not subject to consideration with the participation of arbitration assessors of the case provided for by part 2 of this article, as well as cases arising from administrative and other public relations, and the cases of special production (para. 2 h. 3 of Art. 17 APC RF. - Approx. Authors).

However, the specified does not mean that the above list of cases is exhaustive. "

Attention should be paid to the ambiguity of the position of the highest judicial instance.

It is not quite clear to which paragraph of Part 3 of Art. 17 of the APC RF - the first or second - refers to the phrase of the Presidium of the Russian Federation on the "inexhaustive list of cases", since both in the other paragraph contains a list: in the first cases considered by the Arbitration Court with the participation of arbitration assessors, in the second business, not subject to consideration with their participation. At the same time, it seems that Currently, the Presidium of the Russian Federation adheres to the position of the expansion interpretation of the list of cases not subject to consideration with the participation of arbitration assessors. It is not clear, however, on which this position is based, since the norm of an ABZ. 2 h. 3 tbsp. 17 APC RF does not give any reason for this. Unfortunately, it is in this particular that the practice of the Presidium of the Russian Federation is understood by the lower arbitration courts.

There is already a forensic arbitration practice, where, using the literally specified blurry motivation of the Presidium of the Russian Federation, the lower courts interrupt it in the sense that the list of cases not subject to consideration with the participation of arbitration assessors is not exhaustive<7>.

<7> Resolution of the FAS of the North-West District of August 29, 2005 in case N D56-41520 / 2004.

The petition declared by the parties is subject to unconditional satisfaction.

It should be recognized that the question of permission to the petition for the consideration of the case with the participation of arbitration assessors cannot be within the competence of the judge, solely considering the case. In a situation where the judge, solely considering the case, independently and arbitrarily decides whether to attract the case of arbitration assessors, violates constitutional law The parties of the arbitration process, which announced the appropriate application, for consideration of her case in the court and the judge, to the jurisdiction of which it is attributed to the law enshrined in part 1 of Art. 47 of the Constitution of the Russian Federation.

At the same time, even if we assume that a preliminary assessment of the court of a question about the feasibility of attracting arbitration assessors to implement the justice when considering a specific dispute, and to allow the consideration of the appropriate petition to the part, for example, in the same manner as the consideration of the reference to the judge, uniquely considering the case (Part 2 of Art. 25 APC RF), i.e. Chairman of the Arbitration Court, his deputy or chairman of the Court, then this may be regarded as an intervention in the activities of the Judge to send justice, which contradicts the Constitution of the Russian Federation. This order will be an additional "administrative resource" within the judicial system itself, which is unacceptable.

Thus, it is impossible, observing the basic principles of administration of justice, construct a mechanism for consideration of applications to attract arbitration assessors, when, in some cases, judges would satisfy such petitions, and in others they denied them on the reasons for their unfoundedness or insufficient complexity of the case to resolve the judge alone. Thus, the just and correct, in our opinion, is the point of view, based on which the petition of the part of the consideration of the case with the participation of arbitration assessors, declared in compliance with all procedural conditions, is subject to unconditional satisfaction.

The judicial corps combines all professional judges authorized to enjoy justice. Such are the judges of the Constitutional Court of the Russian Federation, constitutional (statutory) courts, all arbitration courts and ships general jurisdiction.

All professional judges in the Russian Federation have a single status and vary with each other by authority and competence. Features legal status some categories judges are determined by the Law of the Russian Federation "On the status of judges in the Russian Federation", the Federal Constitutional Law "On Constitutional Court The Russian Federation "and other federal laws, and in relation to the activities of the judges of the constitutional (statutory) courts of the constituent entities of the Russian Federation and the global judges also the laws of the constituent entities of the Russian Federation.

Depending on the position being held, work experience in the position of judge and other provided by law Circumstances are assigned qualifying classes. According to Part 2 of Art. 2 of the Law of the Russian Federation "On the status of judges in the Russian Federation" Assignment of the judge of the qualifying class does not mean a change in its status regarding other judges in the Russian Federation.

Formation of the judiciary

Requirements for candidates for judges

Judges, chairmen and deputy chairmen of the constitutional (statutory) courts of the constituent entities of the Russian Federation are appointed (elected) to a position for the period established by the laws of the constituent entities of the Russian Federation. The world judges are first appointed (elected) to a position for the period established by the law of the relevant subject of the Russian Federation, but not more than five years. With repeated and subsequent appointments (elections) to the position of the magistrate of the world judge, it is appointed (elected) for the period established by the law of the relevant subject of the Russian Federation, but not less than five years.

The status of judges includes its characteristic as incrementability and independence. The incrementability of judges implies a ban on the appointment (election) of the judge to another position or to another court without its consent. Moreover, the powers of the judges may be discontinued or suspended only by solving the relevant qualification board of judges. Without such a decision, the powers of the judges may be discontinued only in two cases:

• when the judge was appointed (elected) for a certain period and this period has expired;
• when the judge reached more than age Stay as a judge.

And the last guarantee assignment of judges is that at present, the decision of the qualification board of judges on the early termination of the authority of the judge for the commitment of the disciplinary misconduct can be appealed to a disciplinary field.

The judicial community and its bodies. The procedure for their education and powers

Recently, the voice of the judicial community becomes increasingly becoming more noticeable, in the person of the constituent judges of the federal and other courts of the Russian Federation, endowed in accordance with the Constitution of the Russian Federation, laws of the Russian Federation, and in cases of them provided for, and the laws of the constituent entities of the Russian Federation, to the authority to carry out justice and Acting your duties on a professional basis.

The judicial community bodies are formed to express the interests of judges as carriers of the judiciary. The supreme body of the judicial community is the All-Russian Congress of Judges.

In addition, the judicial community authorities are:

• Council of judges of the Russian Federation;
• conference of judges of the constituent entities of the Russian Federation;
• advice of judges of the constituent entities of the Russian Federation;
• general meetings judges of the courts;
• Higher Qualification Board of Judges of the Russian Federation;
• qualifying collegiums of judges of the constituent entities of the Russian Federation;
• Higher Examination Commission for Recalling the Qualification Exam to the position of judge;
• examination commissions of the constituent entities of the Russian Federation at the reception of the qualifying exam for the position of judge.

The judicial community organs are created for:

1. assistance in improving the judicial system and legal proceedings;
2. protection of rights I. legitimate interests judges;
3. participation in organizational, personnel and resource provision of judicial activities;
4. approval of the authority of the judiciary, ensuring the fulfillment of the judges of the requirements imposed by the Code of Judicial Ethics.

The procedure for the formation and activities of the judicial community bodies is determined by the Federal Law of March 14, 2002 N 30-FZ "On the judicial community in the Russian Federation".

The judicial community authorities make decisions as well as appeals (requests) to government agencies, public associations and officials to be considered within a month.

All-Russian Congress of Judges

All-Russian Congress of Judges - higher organ The judicial community, convened by the decision of the Council of Judges of the Russian Federation. Delegates from various branches of the judiciary, who are elected to the following standards of representation, take part in the congress.

• from the judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation - ten judges;
• from the judges of each federal Arbitration Court of the district - two judges;
• from the judges of each arbitral appellate court - two judges;
• from the judges of every Supreme Court of the Republic, the regional, regional court, the court of the city of federal significance, the court of autonomous region and the court autonomous District - on one judge, as well as additionally in one judge from every 50 judges of each Supreme Court of the Republic, the regional court, the court of the city of the Federal Region, the Court of Autonomous Region and the court of the Autonomous Okrug;
• from the judges of each arbitral tribunal of the subject of the Russian Federation - on one judge, as well as additionally on one judge from every 30 judges of each arbitration court of the constituent entity of the Russian Federation;
• from the judges of each district (fleet) of the Military Court - two judges;
• from judges of garrison military vessels - one judge from each subject of the Russian Federation, in which garrison military courts operate in the territory;
• from judges of district courts - for one judge from each subject of the Russian Federation, as well as additionally on one judge from every 100 judges of district courts operating in the territory of the constituent entity of the Russian Federation;
• from global judges - one judge from each subject of the Russian Federation;
• from the judges of each constitutional (statutory) court of the constituent entity of the Russian Federation - on one judge.

Delegates to the congress are elected in general meetings of judges at the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, the federal arbitration courts of the districts, arbitration appeals courts, district (naval) military courts, as well as at the conferences of judges of the constituent entities of the Russian Federation.

Congress of the Council of Judges of the Russian Federation is convened once every four years. An extraordinary congress can be convened.

The congress is considered to be eligible if more than half of the elected delegates take part in its work. In this case, he:

1. makes decisions on all issues related to the activities of the judicial community, with the exception of issues related to the powers of the qualifying teams of judges and examination commissions;
2. forms the Council of Judges of the Russian Federation and the highest qualifying board of judges of the Russian Federation;
3. it is right to approve the code of judicial ethics and acts regulating the activities of the judicial community;
4. approves the regulations for the work of the All-Russian Congress of Judges and the Regulations for the Council of the Council of Judges of the Russian Federation;
5. it is right to give consent or refuse to agree on a decrease in size budget fundsallocated to financing ships in the current fiscal year or subject to the next fiscal year (part 2 of Art. 29, Part 5 of Art. 33 of the Federal Constitutional Law "On the Judicial System of the Russian Federation");
6. hears an annual report from General Director Judicial Department at the Supreme Court of the Russian Federation on the organizational, personnel and resource support of judicial activities (paragraph 8 of Part 1 of Article 10 of the Federal Law "On the Judicial Department at the Supreme Court of the Russian Federation").

The Council of Judges of the Russian Federation is elected by the All-Russian Congress of judges from the judges of federal courts, as well as judges of the courts of constituent entities of the Russian Federation. In the Council of Judges of the Russian Federation with secret ballot of the delegates of the congress from its composition at separate meetings of delegates:

• from the judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation - two judges;
• from the judges of each arbitral appellate court - two judges;
• from judges of the Supreme Courts of the republics, regional, regional ships, vessels of the cities of the federal significance, the courts of the Autonomous Region and the courts of autonomous districts - five judges;
• from the judges of the arbitration courts of the constituent entities of the Russian Federation - eight judges;
• from judges of the district (naval) military courts - two judges;
• from judges of garrison military courts - three judges;
• from judges of district courts - eight judges;
• from the world judges - five judges;
• from judges of the constitutional (statutory) courts of constituent entities of the Russian Federation - three judges;
• from each subject of the Russian Federation - on one judge, elected by the congress on the submission of the relevant conference of the judges of the subject of the Russian Federation.

From its composition, the Council of Judges of the Russian Federation elects the Chairman, his deputies and the Presidium of the Council of Judges of the Russian Federation. The Presidium of the Council of Judges of the Russian Federation includes the Chairman of the Council of Judges of the Russian Federation and his deputies.

Council of Judges of the Russian Federation:

1. convenes the All-Russian Congress of Judges;
2. participates in coordination with the Director-General of the Judicial Department at the Supreme Court of the Russian Federation submitted to the Government of the Russian Federation proposals on the financing of ships, magistrates, the judicial community and the disciplinary forensic presence for the next fiscal year (part 2 of Article 5 of the Federal Law "On the Judicial Department at the Supreme Court of the Russian Federation ");
3. gives consent to the appointment and liberation from the post of Director General of the Judicial Department at the Supreme Court of the Russian Federation;
4. he heard reports of the General Director of the Judicial Department at the Supreme Court of the Russian Federation on the organizational, personnel and resource support of judicial activities;
5. put forward representatives to participate in the board of the Judicial Department at the Supreme Court of the Russian Federation (part 2 of Art. 11 of the Federal Law "On the Judicial Department at the Supreme Court of the Russian Federation");
6. approves the typical rules of the internal regulations of the courts (paragraph 1.4 of the instructions for judicial proceedings in the district court);
7. gives consent to reduce the amount of budget funds allocated to financing the courts of the Russian Federation in the current fiscal year or subject to the next fiscal year, no more than 5 percent (part 2 of Art. 2 of the Federal Law "On Financing Courts of the Russian Federation");
8. elected between the All-Russian congresses of judges to the highest qualification board of judges of the Russian Federation of its new members instead of retired;
9. he elected members of the Higher Examination Commission on the Reception of the Qualification Exam to the position of judge instead of retired during the period between the congresses;
10. studies, summarizes and distributes the experience of the judicial community; Develops recommendations for improving their activities;
11. determines the procedure for the participation of judges of garrison military vessels operating outside the Russian Federation, in the work of the judicial community of the constituent entities of the Russian Federation;
12. within its competence, direct connections with the judicial community and professional associations (associations) of other states, with international legal organizations, as well as with the media;
13. carries out other powers attributed to its leading by federal laws.

Representatives of the Council of Judges of the Russian Federation have the right to participate in the discussion of the draft federal law on the federal budget in the Federal Assembly of the Russian Federation.

Conferences and advice of judges of the constituent entities of the Russian Federation, the general meetings of judges of the courts

The highest qualification board of judges of the Russian Federation consists of 29 college members who are elected to the following standards of representation:

• from the judges of the Supreme Court of the Russian Federation - two judges;
• from the judges of the Supreme Arbitration Court of the Russian Federation - two judges;
• from judges of the federal arbitration courts of districts - two judges;
• from judges of arbitration appellate courts - two judges;
• from the judges of the Supreme Courts of the republics, regional, regional courts, vessels of the federal importance, the courts of the Autonomous Region and the vessels of autonomous districts - four judges;
• from the judges of the arbitration courts of the constituent entities of the Russian Federation - three judges;
• from judges of the district (naval) military vessels - three judges;
• ten members of the Board - representatives of the public are appointed by the Federation Council of the Federal Assembly of the Russian Federation;
• one member of the Collegium - a representative of the President of the Russian Federation is appointed by the President of the Russian Federation.

The qualification board of judges of the constituent entity of the Russian Federation is formed in several other standards of the representative office:

• from the judges of the Supreme Court of the Republic, the regional, regional court, the court of the city of federal significance, the courts of the Autonomous Region and the court of the Autonomous Okrug are two judges;
• from the judges of the Arbitration Court of the subject of the Russian Federation - five judges;
• from judges of garrison military courts - one judge;
• from judges of district courts - three judges;
• from the judges of the constitutional (statutory) court of the subject of the Russian Federation - one judge;
• from the world judges - one judge;
• seven representatives of the public;
• one representative of the President of the Russian Federation.

A few different from the above standards of representation in the qualification colleges of judges of the constituent entities of the Russian Federation, where the total number of judges federal courts It is less than 30, and also if the Supreme Court of the Republic, the Regional, Regional Court is not formed in the subject of the Russian Federation, the court of the city of the Autonomous Region, the court of the Autonomous Okrug, the Arbitration Court of the Directory of the Russian Federation, the constitutional (statutory) court of the subject of the Russian Federation, World judges do not work, there are no garrison military courts. The law provides for other features of the representative offices of judges in certain qualifying colleges of the judges of the constituent entities of the Russian Federation.

The qualification board of judges of the subject of the Russian Federation, the judges are elected by secret voting at the conference of judges, and during the conferences - the Council of Judges of the Directory of the Russian Federation. Representatives of the public in the qualification board of judges of the constituent entity of the Russian Federation are appointed by the legislative (representative) authority of the subject of the constituent entity of the Russian Federation in the manner determined by the laws and other regulatory legal acts of the constituent entity of the Russian Federation. The representative of the President of the Russian Federation is appointed last.

Members of the Qualification Board of Judges of the Directory of the Russian Federation cannot be:

• chairmen of the courts and their deputies;
• judge - a member of the Council of Judges of the same level;
• the judge is a member of the Higher Qualification Collegium of the Judges of the Russian Federation.

Higher Qualifying Board of Judges of the Russian Federation:

1. considers the statements of candidates for the post of Chairman of the Supreme Court of the Russian Federation, the chairman of the Supreme Arbitration Court of the Russian Federation, their deputies and subsequently subsequently subjected to the President of the Russian Federation;
2. considers the statements of candidates for the posts of chairmen, deputy chairmen of other federal courts (with the exception of district courts), as well as the judges of the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, the federal arbitration courts of the districts, arbitration courts, military courts and represents the Chairman of the Supreme Court of the Russian Federation and Chairman of the Supreme Arbitration Court of the Russian Federation;
3. considers the submissions of the Chairman of the Supreme Court of the Russian Federation on approval of the judges of the Supreme Court of the Russian Federation by members of the Presidium of the Supreme Court of the Russian Federation, members of the Cassation Collegium of the Supreme Court of the Russian Federation, as well as on the approval of the Chairman of the Cassation Collegium of the Supreme Court of the Russian Federation, chairmen of the judicial board civil Affairs, The judicial board in criminal cases, the military board, other colleges and their deputies and submits their conclusions to the Chairman of the Supreme Court of the Russian Federation;
4. conducts B. obligatory Checks published in the media information about the behavior of a judge, not relevant to the requirements for the Code of Judicial Ethics, and undermining the authority of the judiciary
5. announces in the media on the opening of vacant posts of the Chairs, deputy chairmen of federal courts (with the exception of district courts), as well as the judges of the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, the federal arbitration courts of districts, arbitration appellate courts, military courts indicating time and place acceptance and consideration of documents;
6. suspends, it renews either the authority (except for the cessation of the powers of the judges who have reached the limit age as a judge), and also suspends, renews or terminates the resignation of the chairmen, deputy chairmen of federal courts (with the exception of district courts), judges of the Supreme Court of the Russian Federation, the highest arbitration courts Courts of the Russian Federation, federal arbitration courts of districts, arbitration courts, military courts, members of the Council of Judges of the Russian Federation and the highest qualification board of judges of the Russian Federation, chairmen of the Councils of Judges and Qualification Board of Judges of the constituent entities of the Russian Federation and their deputies;
7. performs qualifying certification of the chairmen, deputy chairmen of federal courts (with the exception of the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation and district courts), as well as the judges of the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, the Federal Arbitration Courts of the Okrug, Arbitration Courts and Military Courts;
8. it makes conclusions about the possibility of attracting judges who are resigning, to the execution of the responsibilities of the judges of the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, the federal arbitration courts of the districts, arbitration appellate courts and military vessels;
9. assigns the first and highest qualifying classes to judges;
10. nick disciplinary recovery Chairs, deputy chairmen of federal courts (with the exception of district courts), as well as on judges of the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, federal arbitration courts of the district, arbitration courts and military vessels, members of the Council of Judges of the Russian Federation and the highest qualification board of judges of the Russian Federation, chairmen, deputy chairmen of the Councils of Judges and Qualification Board of Judges of the Distribution of the Russian Federation for the accomplinary misconduct;
11. approves the Regulation on the procedure for the work of the Qualification Board of Judges;
12. considers the issues related to the competence of the qualification teams of the judges of the constituent entities of the Russian Federation, in case of the impossibility of resolving them by these colleges;
13. considers complaints about solving qualifying teams of judges of the constituent entities of the Russian Federation;
14. he gets acquainted with the work of the qualifying teams of the judges of the constituent entities of the Russian Federation, hears messages of their chairmen about the work done and gives recommendations aimed at improving the activities of the specified college; studies and summarizes the practice of the qualifying team of judges, organizes the studies of the members of these colleges;
15. makes decisions on the submission of judges to award with state awards of the Russian Federation and the assignment of honorary rank of the Russian Federation;
16. requests state bodies, public associations and officials and receives information from them and the documents necessary for their activities;
17. carries out other powers stipulated by federal constitutional laws and federal laws.

Qualification College of Judges of the constituent entities of the Russian Federation:

1. consider the statements of persons claiming to the appropriate position of the judge, and taking into account the results of the qualifying exam, it is concluded on the recommendation of these persons to the position of judge or to refuse such a recommendation;
2. consider the submissions of the chairmen of the Supreme Courts of the republics, regional, regional courts, vessels of the cities of the federal importance, the courts of the Autonomous Region and the vessels of autonomous districts on the approval of the judges of these courts by members of the Presidiums of these courts and represent their conclusions to the Chairman of the Supreme Court of the Russian Federation;
3. consider the submissions of the Chairmen of the Supreme Courts of the Republics, regional, regional courts, vessels of the city of federal importance, the courts of the Autonomous Region and the vessels of autonomous districts on the approval of the chairmen of the court teams on civil cases, in criminal cases, other judicial teams and present their conclusions to the Chairman of the Supreme Court of the Russian Federation, which approves chairmen of the specified colleges;
4. conducts the verification of the information published in the media on the behavior of the judge that does not meet the requirements for the Code of Judicial Ethics, and undermining the authority of the judiciary, if the conclusion of the recommendation to the position of the judge was given by this board;
5. announced in the media about the opening of vacant posts of the Chairs, Deputy Chairmen of District Courts, as well as judges of the relevant federal courts, indicating the time and place of reception and consideration of documents;
6. organize the verification of the reliability of biographical and other information submitted by candidates for vacant positions, if necessary, requests on the grounds and in the manner provided for by the legislation of the Russian Federation, in organs engaged in operational investigative activities, and other government bodies the data necessary for making a decision on a statement about recommendations for the vacant position of the judge;
7. suspend, renew or terminate the authority (except for the termination of the powers of the judges who have reached the limit age as a judge), and also suspend, renew or terminate the resignation of judges of the relevant federal courts (with the exception of chairmen, deputy chairmen of federal courts, judges of the Supreme Court of the Russian Federation, the highest Arbitration Court of the Russian Federation, federal arbitration courts of districts, military courts, members of the Council of Judges of the Russian Federation and the highest qualification board of judges of the Russian Federation, chairmen of the Councils of Judges and Qualifying Board of Judges of the constituent entities of the Russian Federation), including chairmen and deputy chairmen of district courts, members of the relevant Councils of Judges and qualifying colleges of judges of the constituent entities of the Russian Federation;
8. they carry out qualification certification of judges of the relevant ships, as well as world judges, chairmen and deputy chairmen of district courts; assigned to the judges of the respective ships, as well as to the world judges, chairmen and deputy chairmen of district courts qualifying classes (except for the first and higher);
9. make conclusions about the possibility of attracting referring judges to fulfill the responsibilities of the judges of the relevant federal courts, as well as chairmen and deputy chairmen of district courts;
10. impose disciplinary penalties on the judges of the relevant courts (including the chairmen and deputy chairmen of district courts) for their disciplinary misconduct;
11. revise the previously adopted decision on newly discovered circumstances;
12. request from government agencies, public associations and officials and receive information from them and the documents necessary for their activities;
13. they carry out other powers in accordance with federal constitutional laws and federal laws.

The qualification collegiums of the judges of the constituent entities of the Russian Federation consider issues related to their competence by federal constitutional laws, federal laws, and take motivated decisions against judges of the Supreme Courts of the republics, regional, regional courts, vessels of the cities of the federal significance, the autonomous region and the vessels of autonomous districts, arbitration courts of constituent entities of the Russian Federation, magistrate judges, judges of district courts (including chairmen and deputy chairmen of district courts), and in cases provided for by regulatory legal acts The constituent entities of the Russian Federation - in relation to the judges of the constitutional (statutory) courts of constituent entities of the Russian Federation.

2. Qualifying certification of judges and the assignment of cool ranks

The qualification certification of the judge is an assessment of the level of its professional knowledge and ability to apply them in the implementation of justice, the results of judicial activities, business and moral qualities of the judge and compliance with its requirements imposed on the judges of the Russian Federation "On the status of judges in the Russian Federation" and the Code of Judicial Ethics. The procedure for holding qualification certification of the judges of common, arbitration and military courts and assigning the qualification classes to them is carried out in accordance with the requirements enshrined in Art. 20.2 of the Law of the Russian Federation "On the status of judges in the Russian Federation" and Art. 25.1 Regulations on the procedure for the work of the Qualification Board of Judges.

Qualification certification is held in connection with:

• the appointment of the judge to the position of judge to the court of another level, which provides for the assignment of a higher qualifying class;
• appointment to the position of chairman, Deputy Chairman or Chairman of the Judicial College of the relevant court;
• assignment of the qualifying class.

The qualification class is the highest, the first, second, third, fourth, fifth, sixth, seventh, eighth and ninth and is assigned to the judge in compliance with the sequence of assignment and the time of stay in the relevant qualification classes corresponding to the replaceable position of the judge.

Moreover, the highest and first qualifying classes are assigned to the Chairpersons of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation, their deputies, judges of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation. First, second, third, fourth and fifth qualifying classes - chairmen, deputy chairmen, judges of the Supreme Courts and Arbitration Courts of the republics, ships and arbitration courts of the Autonomous Region and autonomous districts, regional, regional courts and arbitration courts, Moscow and St. Petersburg City Courts , district (naval) military vessels, federal arbitration courts of districts, appellate arbitration courts, arbitration courts of the constituent entities of the Russian Federation and the Court of Intellectual Rights. The fifth, sixth and seventh qualifying classes - chairmen, deputy chairmen, judges of district, urban, interdistrict courts, garrison military vessels. Seventh, eighth and ninth - global judges.

The qualifying certification of judges is carried out by the highest qualification board of judges of the Russian Federation and the qualification board of judges of the subject of the Russian Federation. Each of these colleges is carried out by qualifying certification of those chairmen, deputy chairmen of vessels and judges in respect of which these colleges give conclusion on appointing to the position.

The highest qualification board of judges of the Russian Federation is conducting qualifying certification on the basis of the submission of the Chairman of the Supreme Court of the Russian Federation (Chairman of the Supreme Arbitration Court of the Russian Federation):

• judges of the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation;
• chairmen, deputy chairmen, judges of federal arbitration courts of districts, arbitration appellate courts, courts on intellectual rights, military courts;
• chairmen, deputy chairmen of the Supreme Courts of the Republics, regional, regional courts, vessels of the cities of the federal significance, the courts of the Autonomous Region, the courts of autonomous districts, arbitration courts of the constituent entities of the Russian Federation;
• the judges of the supreme, regional, regional and equal courts of the general jurisdiction of the constituent entities of the Russian Federation, the arbitration courts of the constituent entities of the Russian Federation on the assignment of the first qualifying class.

The highest qualifying board of judges of the Russian Federation, in addition to the submission of the Chairman of the Supreme Court of the Russian Federation or the Chairman of the Supreme Arbitration Court of the Russian Federation, can assign a higher qualification class without complying with the sequence of assignment and duration of stay in the judge's assigned qualification class, which has made a significant contribution to the disposal of justice, which has special Merit to the judicial system.

The qualification colleges of the judges of the constituent entities of the Russian Federation conduct qualification certification on the submission of the chairmen of the supreme, regional, regional and equal courts of the general jurisdiction of the constituent entities of the Russian Federation, arbitration courts of constituent entities of the Russian Federation:

• judges of the Supreme Courts of the republics, regional, regional courts, vessels of the cities of the federal significance, the courts of the Autonomous Region, the courts of autonomous districts, arbitration courts of the constituent entities of the Russian Federation;
• chairmen, deputy chairmen, judges of district, urban, interdistrict courts;
• world judges.

In order for the qualification certification of the judge, the submission of the chairman of the relevant court is not enough. To such a representation, besides what attached:

• help containing personal data and information about labor activity the judges submitted to the qualification certification;
• characteristic on a judge, reflecting the assessment of professional activities, its business and moral qualities;
• certificate of the number of court cases for the period that has passed since the last certification, and for newly appointed judges and judges appointed to the position of judge to the court of another level, which provides for the assignment of a higher qualifying class - from the date of appointment to the position;
• help on the number of court cases discussed in violation of procedural terms, the number of canceled or altered judicial acts, indicating the causes of the violation of the deadlines and the causes of the cancellation or change of judicial acts.

The judge himself is also entitled to refer to the Qualification College of Judges, the judge itself is also the right to hold his qualification certification. When this statement is received, the Qualification Board of Judges requests the documents necessary for the qualification certification among the Chairperson of the Relevant Court.

By general rule In each qualifying class, the judge must spend a certain period before it is presented to the assignment of the next qualification class. As a general rule in the seventh - the ninth qualifying classes, the judge stays 2 years old, in the fifth and sixth qualifying classes - 3 years, in the first - fourth - 4 years. The term of stay in the highest qualifying class is not installed.

For the first time appointed and not having a qualifying class, the judge must be presented to the qualification certification after the first eight months of work.

The submission to the next qualification certification is carried out no later than two months from the date of the expiration of the judge's stay in the assigned qualification class.

Material and social security of judges

Thus, the sizes of official salary of the Chairman of the Supreme Court of the Russian Federation and the Chairman of the Supreme Arbitration Court of the Russian Federation and the Deputy Chairman of the Constitutional Court of the Russian Federation established in the amount of 98% of the official salary of the Chairman of the Constitutional Court of the Russian Federation. And the size of the official sala of the world judge, the smallest for judges is 60% of the size of the official salary of the Chairman of the Supreme Court of the Russian Federation.

And the sizes of official salaries of judges increase annually (indexed) in accordance with federal law On the federal budget for the relevant year and on the planning period, taking into account the level of inflation (consumer prices).

The Law of the Russian Federation "On the status of judges in the Russian Federation" (Art. 19) Sizes are established:

• salary for the qualifying class of judges in a percentage of the official salary of judges;
• monthly monetary cooperation of judges;
• monthly surcharge of years for years of judges as a percentage of the official salary of judges;
• monthly surcharge to judges;
• monthly surcharge judges of the Constitutional Court of the Russian Federation for knowledge of foreign languages \u200b\u200band their use in execution official duties;
• monthly monetary promotion on the replaced position;
• district coefficient, the coefficient for work in desert and anhydrous localities, the coefficient for work in high-mountainous areas and interest rate surcharge in areas of the Far North and equivalent areas in the southern regions of Eastern Siberia and the Far East.

In addition to the limits of the established Foundation for remuneration, the judges can be paid to the award and provide material assistance.

For a certain category of judges who have resigned, monthly lifetime content is provided. So, the judge who has reached the age of 60 (women is 55 years old), while working at the legal profession at least 25 years, including at least 10 years of work of the judge, has the right to retire, receive monthly lifelong content in full. In the work experience taken into account when calculating the size of the monthly life content, the time of operation is included in the position of the judge and:

1. on demanding higher legal education of state positions of the Russian Federation, state positions of the constituent entities of the Russian Federation, public service posts, municipal positions, positions in the state bodies of the USSR, the Union republics of the USSR, RSFSR and the Russian Federation, positions in the legal services of organizations, positions in research institutions;
2. as a teacher of legal disciplines in institutions of secondary professional, higher professional and postgraduate vocational education, as a lawyer or notary.

Judges who worked in the regions of the Far North and equal to them areas, respectively, at least 15 and 20 calendar years and left (remote) retired, monthly lifelong content is appointed and paid taking into account the district coefficient for wages, regardless of their place of residence and the time of appeal specified content.

As a general rule, the judges guaranteed an annual paid leave of a duration of 30 working days. For those operating in the regions of the Far North, it is 51 working day, and in areas equal to the districts of the Far North, and in areas with severe and adverse climatic conditions, which establishes coefficients for wages, - 45 working days.

Moreover, the judge is provided with an annual additional paid vacation, taking into account the experience of his work at the legal profession:

• from 5 to 10 years - 5 working days;
• from 10 to 15 years - 10 business days;
• over 15 years - 15 business days.

The time of the judge to the place of recreation and back on time is not counted. The cost of travel to the place of recreation and referred to.

Judges in need of improvement housing conditionsat the expense of funds federal budgetThe courts of the Russian Federation allocated for these purposes, in the manner prescribed by the Government of the Russian Federation, are purchased separate residential premises, taking into account the right of judge to an additional living area in the amount of 20 square meters. meters or in the form of a separate room. Such judges include non-resident living space in accordance with the requirements and regulations established by the housing legislation of the Russian Federation and the housing legislation of the constituent entities of the Russian Federation.

At the same time, the judges have the right to compensate for the costs associated with the hiring (delivery) of residential premises, before providing them in installed manner Residential premises for permanent residence. They are given the right to establish in their residential premises in an extraordinary order of the phone with payment on established tariffs. In the same order, children of judges are provided in children's preschool institutions, boarding schools and (or) summer recreational institutions.

The referential judge with the experience of work as a judge for at least 20 years or became disabled during the work and wished to move to a permanent residence to another locality, is ensured in the manner prescribed by the Government of the Russian Federation, comfortable housing in the form of a separate apartment or at home at the expense of federal budget. He is given the possibility of extraordinary entry into the housing and construction cooperative, it is assisted in individual housing construction.

These are citizens of the Russian Federation, endowed in the manner established by the Federal Law "on the arbitration assessors of the arbitration courts of the constituent entities of the Russian Federation", the authority to implement justice when considering the subjects of the constituent entities of the Russian Federation in the first instance of the economic disputes and other cases arising from civil and other cases legal relations, after the application of one of the parties to the application for the consideration of the case with the participation of arbitration assessors. Not any cases can be considered with the participation of arbitration assessors. Not subject to consideration by the specified court composition:

1. cases relating to the jurisdiction of the Supreme Arbitration Court of the Russian Federation;
2. cases of challenging regulatory legal acts;
3. cases aimed at the Arbitration Court of First Instance for a new consideration indicating a collegial consideration;
4. cases, the decisions on the collegial consideration of which adopted by the chairman of the judicial composition due to their special complexity on the basis of a motivated statement of the judge;
5. cases related to the judgment of the court on intellectual rights;
6. cases arising from administrative and other public legal relations;
7. cases of special production.

Arbitration siters participating in the implementation of justice are independent and obeying only the Constitution of the Russian Federation and other laws. When implementing justice, they enjoy rights and carry the judges.

Arbitration assessors may be citizens who have reached 25 years, but not older than 70 years old, with a flawless reputation having higher professional education and work experience in the field of economic, financial, legal, managerial and (or) entrepreneurial activity at least five years.

Arbitration assessors cannot be:

1. persons who have not removed or not redeemed in accordance with the procedure established by the law conviction of the Federal Security Service, organs of control of drug trafficking and psychotropic substances, the customs authorities of the Russian Federation, authorities that are penalties, as well as persons carrying out private detective activities based on special permit (licenses);
2. persons who are registered in narcological or psychoneurological dispensaries.

The procedure for empowering the status of the arbitration assessment includes at least two stages. The first is to include it in the list of arbitration assessors. The second is to include it in the court considering a civil case.

The lists of arbitration assessors form arbitration courts of the constituent entities of the Russian Federation on the basis of proposals for the candidates of arbitration siters sent to specified courts Chambers of Commerce and Industry, Associations and Associations of Entrepreneurs, other public and professional associations. Then the formed lists are represented by arbitration courts of the constituent entities of the Russian Federation to the Supreme Arbitration Court of the Russian Federation, where they are approved by the Plenum of the Supreme Arbitration Court of the Russian Federation.

Approved lists are published in the "Herald of the Supreme Arbitration Court of the Russian Federation."

After approving the relevant list, the citizen has the status of the arbitration assessment for two years. After this period, it can be re-enabled in the list of arbitration assessors in the same manner provided for the first cases of formation with its participation of the lists of arbitration assessors.

The powers of the arbitration assessment may be the order of the Chairman of the relevant arbitration court of the constituent entity of the Russian Federation suspended on the following grounds:

1. the presentation of a crime accusation (prior to the court entry into force);
2. due to the inability for health or other valid reasons for a long time (more than six months) to fulfill the responsibilities of the arbitration assessment;
3. recognition of a missing decision by the country who have entered into legal force.

The powers of the arbitration assessment of the Plenum of the Supreme Arbitration Court of the Russian Federation on the submission of the chairman of the relevant arbitration court of the constituent entity of the Russian Federation ceases early on the following grounds:

1. termination of citizenship of the Russian Federation;
2. the entry into force of the court conviction for the arbitration assessment or a court decision on the application of compulsory medical measures to it;
3. the entry into force of the decision of the court to limit the legal capacity of the arbitration assession or recognizing it incapable;
4. committing a deed, detracting with the authority of the judiciary;
5. repeated evasion without good reasons from the performance of their duties;
6. replacement of posts that exclude the attraction of an arbitration assessment to participate in the implementation of justice;
7. written statement of the arbitration assessment of the termination of powers for good reasons;
8. the death of the arbitration assessment or the entry into force of the court decision on the declaration of his deceased.

The second stage of the formation of the citizen of the legal status of the arbitration assessor was marked by the emergence of the procedural rights of a professional judge (a member of the court).

Without a statement by the Party of the appropriate application and without incorporating it in the court, considering civil cases, the arbitration assessment has no arbitration procedural rights. Nevertheless, during the period when he does not exercise justice, the guarantees of independence, inviolability of the judge and family members are applied to him and his family members. These are the same guarantees as a professional judge of the Arbitration Court. They are fixed in Art. Art. 9, 16 and some other articles of the law of the Russian Federation "On the status of judges in the Russian Federation."

State protection of judges, jury and arbitration

The state protection of judges, jury and arbitration is carried out on the basis of the Federal Law of April 20, 1995 N 45-FZ "On the state protection of judges, officers of law enforcement and control bodies", Art. 31 of the Federal Constitutional Law of June 23, 1999 N 1-FKZ "On Military Courts of the Russian Federation", Federal Law of January 10, 1996 N 6-FZ "On additional guarantees social protection Judges and workers of the devices of the courts of the Russian Federation ", Art. 20 of the Law of the Russian Federation" On the status of judges in the Russian Federation ".

According to these laws, state protection is subject to not only the judges, jury and arbitration sites, but also close relatives, and in exceptional cases are also other persons, the health and property of which an encroachment is committed to prevent legal activities of judges, jury and arbitration, or Forced them to change its character, or from revenge for the specified activity.

There are several types of state protection:

1. application authorized by government security measures in order to protect the life and health of judges, jury and arbitration, as well as ensuring the safety of their property;
2. application of Mer. legal protectionproviding compliant with increased criminal liability for encroaching on their lives, health and property (Art. Art. 294 - 297, 298.1, 311 of the Criminal Code);
3. the implementation of social protection measures, providing for the realization of the right to material compensation in the event of their death (death), causing them injuries or other harm to their health, destruction or damage to their property due to their office activities.

Safety measures are:

1. personal protection, security of housing and property;
2. issuing weapons special Tools individual protection and warning of danger;
3. temporary room in a safe place;
4. ensuring confidentiality of information about protected persons;
5. translation to another job (service), changing the place of work (service) or study;
6. resettlement to another place of residence;
7. replacing documents, change in appearance.

In relation to the category of persons, security measures apply internal affairs bodies. And in relation to the judges of the military courts, as well as their loved ones, in addition, the command of the relevant military unit or the head of the relevant military institution. These institutions proceed to the application of security measures in connection with the statement of a judge, an arbitration or jury or appeal to the Chairman of the Court, which contain sufficient data, indicating the reality of the security threat of judge, an arbitration or jury; and in connection with the receipt by the authority providing security, operational and other information on the presence of a security threat of a judge, an arbitration or jury.

The life and health of the judge, the arbitration assession and the jury is subject to compulsory state insurance in an amount equal to the 180-fold size of the average monthly wage (average monthly monetary content) of the judge, the arbitration assession and the jury. State insurance authorities pay insurance amounts in cases of death (death), causing the arbitration assessment or a jury in connection with their official activity of injuries or other harm to their health in the same equivalents (180, 36 and 12) as the judge. Only the calculation is based on not from the monthly remuneration of the judge, but from the average monthly wage (average monthly monetary content, monthly monetary remuneration) of the Arbitration Hospital or a jury, respectively.

In case of causing a judge, an arbitration assessment or a jury, in connection with their official activity of bodily injuries or other harm to their health, excluding the further opportunity to engage professional activities, they are paid monthly compensation in the form of the difference between their average monthly wages (average monthly monetary content, monthly monetary remuneration) and appointed by him in connection with this pension excluding the amount of payments received under state insurance.

In the event of the death (death) of the judge, an arbitration assession or a jury, including dismissed or dismissed dismissed, due to their behavior damage or other harm to their health in connection with their official activities, disabled members of their families who were dependent on their dependence Compensation is paid monthly in the form of a difference between the wages that have accounted for by their share (monetary content, monthly monetary remuneration) of the deceased and appointed pension on the occasion of the loss of the breadwinner excluding the amount of payments received for state insurance. To determine the specified part of wages (monetary content) average monthly wage (average monthly money content, monthly monetary remuneration) of the deceased is divided into the number of family members who were dependent on its dependency, including able-bodied.

With a simultaneous appearance in accordance with the legislation of the Russian Federation several grounds for compensatory payments In the above cases, payments are carried out only on one basis for the choice of the recipient.

The damage caused by the destruction or damage to the property belonging to the judge, the arbitration assessment or the jury, or the members of their families, in connection with their official activities, is subject to compensation for them or members of their families in full, including missed benefits, in the prescribed manner.

The basis for refusing to pay insurance sums and compensation in cases provided for by law is only a sentence or a court decision regarding the person recognized as guilty of death (death) of the judge, an arbitration assession or a jury, or causing him injuries or destruction or damage belonging to him It has been established that these events are not related to the official activities of this person.

In accordance with Part 3 of Art. 17 APC RF Arbitration siters are involved in the first instance arbitration courts for consideration of economic disputes and other cases arising from civil and other legal relations if any Party declares a petition for the case with their participation in connection with the special complexity of the case and (or) Use special Knowledge in the field of economics, finance, management. It is not subject to consideration with the participation of arbitration assessors of the case, which, in accordance with the law, are considered exclusively as part of three professional judges or sole.

According to Art. 2 of the Federal Law of 05/30/2001 No. 70-FZ "On Arbitration Courts of Arbitration Courts of the constituent entities of the Russian Federation" arbitration assessors may be citizens of the Russian Federation, which have reached 25 years, with an impeccable reputation having a higher professional education and work experience in the field of economic, financial, legal, managerial or business activities Not less than five years. Restrictions on the occupation of this activity are provided by Part 2 of Art. 2 of the specified law.

The lists of arbitration assessors are formed at the calculation of at least two arbitration assessors per judge of the Arbitration Court, considering the case in the first instance, then approved by the Plenum of the Russian Federation on the presentation of arbitration courts of the constituent entities of the Russian Federation and are published in the "Herald of the Supreme Arbitration Court of the Russian Federation".

The arbitral assesser exercises its powers within two years, after which it can be re-included in the list of arbitration assessors.

For participation in the implementation of justice, arbitration assessors receive a fee. They are distributed by all the guaranteed guarantee of the inviolability of judges and their families. The time of execution by the arbitration aspect of the authority to implement justice is taken into account when it is calculated by all types of employment. In addition, for this period, it remains average earnings at the main place of work.

In determining the adoption of the statement To the production of the court and in the preparation of a case for a trial, the court is obliged to clarify the parties to their right to apply for the consideration of the case with the participation of arbitration assessors. This petition must contain the rationale for the special complexity of the case and (or) the need to use special knowledge and may be announced by the party no later than one month before the start of the trial. It can also declare with every new consideration of the case.

According to the results of the consideration of the application for the consideration of the case with the participation of arbitration assessors, the arbitration court makes a definition that is not subject to appeal.

The Arbitration Court has the right to refuse to satisfy the petition for the consideration of the case with the participation of arbitration assessors, if it comes to the conclusion, the absence of special complexity of the case, the need to use special knowledge in the field of economics, finance, management, and also due to the absence of among those approved Arbitration meetings of the relevant arbitration court, specialists in the sphere, in which special knowledge is required when considering the case.

If the petition for the consideration of the case with the participation of arbitration assessors is satisfied, their candidates are chosen from the list of arbitration assessors, approved in accordance with the procedure established by the Federal Law, taking into account their specialization, by accidentally sampling using automated information system or otherwise used in the arbitration court for the formation of the composition of the court.

After determining the candidates of arbitration assessors, the case can be considered solely in cases:

• 1) If, after the removal of one or several arbitration assessors, it is impossible to form the composition of the court to consider the case with the participation of arbitration assessors;
• 2) non-appearance in court hearing one or two arbitration sites, if the parties or their representatives are present in this court session and do not object to the consideration of the case of the judge alone;
• 3) If at least one of the parties objects to the consideration of the case of the judge alone, the court announces a break at the court session or postpone the trial. If holding a new court session is impossible due to the failure to appear on the court session of one or two arbitration assessors, the court at one of the parties has the right to endure the definition of the consideration of the case of the judge alone and open the court hearing in the first instance.

When considering the case, arbitration assessors have the rights and obligations of the judge. The judge and the arbitral assesser in the consideration of the case, the permission of all the issues arising from the consideration and acceptance of judicial acts, use equal procedural rights, except that the arbitration assessment cannot be presiding at the court hearing.

Arbitration siters carry out court permission guided by the APC RF (Art. 19), as well as by the Federal Law of May 30, 2001 N 70-FZ "On the arbitration assessors of the arbitration courts of the constituent entities of the Russian Federation".

Attracting arbitration assessors to implement justice increases the level of specialization in the consideration of cases subordinate to arbitration courts. Thus, the arbitral tribunal can further delve into the essence of the new areas of legal and social activities, attracting specialist justice, for example, in the field of securities market, calculation technologies, etc. As a result, state arbitration courts to some extent acquire those positive featureswho are inherent in arbitration (arbitrators) capable of ensuring the specialization of the arbitrators by attracting not only lawyers to this activity, but also specialists of various profiles.

Arbitration siters can be involved in consideration of cases in the arbitration courts of first instance at the request of the party in connection

· With the special complexity of the case and (or)

· With the need to use special knowledge in the field of economics, finance, management.

The petition must contain the rationale for the special complexity of the case and (or) the need to use special knowledge and can be announced by the party no later than one month before the start of the trial, including every new consideration of the case.

The candidates of arbitration assessors are determined from the list of arbitration assessors approved in accordance with the procedure established by the Federal Law, taking into account their specialization, by random sample using an automated information system or otherwise used in the arbitration court for the formation of a court composition.

Replacing the arbitration assessment or arbitration assessors is possible in the case of (Art. 18 of the APC RF):

1. declared and satisfied in the manner prescribed by the APC RF, self-sufficiency or diverge to the arbitration assession;

2. Long absence of the arbitration assessment due to illness, vacation, staying on school, staying in the service business trip;

3. In cases of termination or suspension of their powers on the grounds established by federal law.

When considering the case, arbitration assessors enjoy the rights and carry the duties of the judge. The judge and the arbitration assesser in the consideration of the case, the resolution of all issues arising from the consideration of the case and the adoption of judicial acts enjoy equal procedural rights.

The arbitral assesser cannot be presiding at the court hearing.

Parties in the Arbitration Court.

A typo, short said that this question is extra.

6. The concept and essence of the constitutional principles of justice;

7. Implementation of justice on the basis of equality of all before the law and

8. Competition and equality of the parties in the lawsuit.

9. Availability of judicial protection (the right to judicial protection).

10. Participation of jury meetings in the implementation of justice.

11. The participation of arbitration assessors in the implementation of justice.

12. The publicity of the trial (open proceedings of cases in the courts).

13. Providing accused rights to defense.

14. Presumption of innocence.

15. Language of proceedings in the Russian Federation.

16. Independence of judges, jury and arbitration.

17. The concept of the judicial system of the Russian Federation and the features of its construction.

18. Judicial System of the Russian Federation (Scheme).

19. The concept of a link of the judicial system and judicial instance, their differences and

20. Consideration of cases by the courts at first instance.

21. Consideration of cases by courts by second instance (appellate

22. Consideration of cases by courts by cassation instance.

23. Consideration of cases by the courts in the order of judicial supervision (supervisory

24. Magistrate judges: a place in the judicial system, the order of the organization,

25. District courts: a place in the judicial system, the order of the organization, the composition and

26. Regional and related courts: a place in the judicial system, the composition,

27. Supreme Court of the Russian Federation: place in the judicial system, composition, structure,

28. Military Courts: a place in the judicial system, the general jurisdiction of cases, system

29. Arbitration Courts: Place in the judicial system, general jurisdiction

30. Constitutional Court of the Russian Federation: a place in the judicial system, the composition, competence.

31. Features of legal proceedings in the Constitutional Court of the Russian Federation.

32. Constitutional (authorized) courts of constituent entities of the Russian Federation: a place in the judicial system,

33. Disciplinary Judicial Presence: place in the judicial system, composition,

34. Formation of the judiciary: requirements for candidates for posts

35. Legal status of judges: concept and elements (general characteristics).

36. Explainability of judges and terms of their powers.

37. Procurement of judges.

38. The place of the prosecutor's office in the state mechanism of Russia.

39. The concept of the prosecutor's office of the Russian Federation and the features of its organization.

40. The system of bodies and institutions of the prosecutor's office of the Russian Federation (scheme).

41. Principles of organization and activities of the prosecution bodies.

42. Objectives facing the authorities of the Prosecutor's Office of the Russian Federation and the main directions

43. The concept of prosecutor's supervision and its features.

44. Supervision of the prosecutor's office for the execution of laws ("General" supervision

45. Supervision of the prosecutor's office for the execution of laws by the authorities

46. \u200b\u200bSupervision of the prosecutor's office for the execution of laws by administrations of places

47. The participation of the prosecutor in the consideration of cases of criminal cases.

48. The participation of the prosecutor in the consideration of cases of civil cases.

49. Requirements for candidates for prosecutors and

50. Legal status of the prosecutor.

51. The concept of operational investigative activities and its task. Organs

52. Preliminary investigation authorities and their competence.

53. Inquiry and their competence.

54. The concept of advocacy in the Russian Federation and its organization at the federal level.

55. Organization of advocacy at the level of the constituent entities of the Russian Federation.

56. Organization of advocacy (advocacy).

57. Lawyer status.

58. The concept of notaries in the Russian Federation. Organization of notaries: Federal Notary Chamber. Notarial chambers of subjects of the Russian Federation.

59. Legal status of notary.

60. Bailiffs: Requirements for bailiffs, their

61. Police in the Russian Federation: appointment and organization of police, rights and obligations

62. Customs authorities of the Russian Federation: system and competence.

63. Federal Security Service of the Russian Federation: System, competence (main

64. Commissioner for Human Rights in the Russian Federation: the concept, legal status,

65. Private detective activities in the Russian Federation: the concept, types of rapid services and

66. Private security activities: concept, types of security services. Supplies

11. The participation of arbitration assessors in the implementation of justice.

Constitution of the Russian Federation, FZ "On arbitration assessors of arbitration courts of the subjects of the Russian Federation".

Arbitration siters are persons designed in the prescribed manner for the implementation of justice when considering the arbitration courts of the subjects of the Russian Federation for the first instance of the subordinate cases arising from civil legal relations,

The participation of citizens in the implementation of justice as arbitration assessors is their civil debt.

Arbitration assessors may be: citizens of the Russian Federation who have reached 25 years, but not older than 70 years old, with a flawless reputation that have a higher professional education and work experience in the field of economic, financial, legal, management, or entrepreneurial activity for at least five years.

The following persons cannot be arbitration assessors:

1) having not removed or not redeemed;

3) recognized by the court decision incapable or limitedly capable;

4) registered in drug or psycho-neurological dispensaries;

5) Substituting state positions of the Russian Federation or subjects of the Russian Federation, the post of state civil service of the Russian Federation, as well as persons substituting municipal positions and posts of municipal service;

6) Judges, prosecutors, investigators, lawyers, notaries, as well as persons belonging to the leadership and operational composition of the internal affairs bodies, the State Fire Service of the Ministry of Emergency Situations, the bodies of the Federal Security Service, the controls of drug traffic, customs authorities, authorities that are penalties ;

7) private detectives;

8) servicemen.

The lists of arbitration assessors form the arbitration courts of the subjects of the Russian Federation on the basis of proposals on candidates of arbitration assessors received from trade and industrial chambers, associations and associations of entrepreneurs, other public and professional associations. These lists are approved by the Plenum of the Supreme Arbitration Court of the Russian Federation, published in the "Herald of the Supreme Arbitration Court of the Russian Federation" and may be published in other means of the media.

The arbitration assessment exercises its powers within 2 years.

On the grounds listed in the law, the powers of the arbitration assessment may be suspended and early terminated.

The powers of the arbitral acquisition are suspended on the following grounds:

1) the presentation of a crime accusation;

2) due to the inability for health or other valid reasons for a long time (more than 6 months) to fulfill the responsibilities of the arbitration assession;

3) recognition of a missing decision by the court, which entered into legal

The powers of the arbitration assessment early terminate on the following grounds:

1) termination of the citizenship of the Russian Federation;

2) the entry into force of the conviction of the court or the court decision on the application of compulsory medical measures;

3) the entry into force of the decision of the court on restricting legal capacity or recognizing it is incapable;

5) repeated evasion without valid reasons for the performance of their duties;

6) replacement of posts that exclude the attraction of an arbitration assessment to participate in the implementation of justice;

7) a written statement of the arbitration assessment of the termination of powers for valid reasons;

8) the death of the arbitration assessment or the entry into force of the court decision on the declaration of his deceased.

The hearing of the case involving the arbitration assessors is carried out on the motivated petition of the plaintiff or the defendant in connection with the special complexity of the case and (or) the need to use special knowledge in the field of economics, finance, management. The petition may be announced no later than 1 month before the start. trial.

If the application for the consideration of the case with the participation of arbitration assessors is satisfied with the court, the candidates of the assessors are determined from the list of arbitration assessors, taking into account their specialization, through random sample using an automated information system or otherwise, excluding the influence of stakeholders.

If after the removal of one or several arbitration assessors it is impossible to form the composition of the court to consider the case with their participation, the specified case is considered by the judge alone.

In case of failure to appear at the court session of one or two arbitration assessors, the case may be considered by the judge alone, if the parties or their representatives do not object to the sole consideration of the case of the judge. If there are objections to the consideration of the case of the judge, then at the hearing is declared a break or it is postponed. If the new trial is impossible due to the failure to appear one or two arbitration assessors, then the judge at one of the parties has the right to consider the case alone.

When considering the case, the judge and 2 arbitration assessists form a single collegium and the assessors are equal to the judge in solving any issues. The assessors are expressed by their opinion first, and the judge - the latter, and the issues are permitted by most votes.

The arbitration assessment at the expense of the federal budget is paid a remuneration in the amount established by law, the average earnings are maintained at the main place of work in the days of the process, and travel expenses are reimbursed.

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