Responsibilities of judge on civil cases. Law enforcement agencies. It is impossible and it is possible

Legal responsibilities The judges are enshrined in Article 89 of the Code, as well as in the Code of Honor of Judges of the Republic of Belarus, which was adopted at the first congress of judges of the Republic of Belarus on December 5, 1997.

The Code of Honor of Judges consists of 14 articles and the code establishes the rules of the behavior of an ethical nature, mandatory for each judge, regardless of the position being held, as well as the code applies to the judges in resignation, and the code distributes its operation to both professional and non-professional separation Life of judges regulates their behavior in everyday life.

Rules enshrined by the Code:

1. Always and everywhere, the judge must behave in such a way that in society the confidence approved in its independence, objectivity, impartiality in the implementation of justice

2. The judge should not allow influence on its activities in the implementation of justice

3. Invalid the use of the judge of his official position Contrary to the requirements of the Constitution

4. Article 5 of the Code stipulates the issues of culture of communication of the judge, in particular, in communicating with people, as well as in the performance of their official duties and in the extra-work of the judges are obliged to comply with the generally accepted rules of behavior and behave with dignity. The judge should be distinguished by politeness, correct appeal, appeal, principled, ability to listen to the interlocutor and understand its position.

5. Responsibility of judge to improve professional qualifications (Article 9).

6. Restrictions on the participation of the judge in political activities

7. The duty of the judge to preserve professional secrets

And other requirements enshrined in the Code

1. Judges and people's assessors have the necessary powers to proper justice. These powers are enshrined in the RB procedural codes.

2. Require OT government agencies Performances court decisionsrelated to the implementation of the responsibilities assigned to the judge

3. Request information of state bodies and other organizations from officials and citizens

4. (they have only the judge of the Constitutional Court) have the right to demand the convening of a meeting of the Constitutional Court and have the right to make questions about its consideration

Article 89 - additional duties

When implementing their official duties, the judge:

1. Must strictly comply with the Constitution, laws and other legislative acts

2. are obliged to ensure the protection of rights, freedoms and legitimate interests Participants of legal relations

3. Provide a high culture of judicial activities:

4. Accurate and uniform use current legislation

5. Moral requirements for judges in the implementation of justice

6. To be fair (within the framework of current legislation) and impartial

Judges should not express opinions on the essence of cases in their production, as well as transfer these cases to anyone

The presence of a system of judicial community.

By providing the judge of material support.

Inviolability of judges.

Established procedure for suspension and termination of powers.

4. The right of reference judge:

On your own initiative or forcedly

Due to the expiration of the term of office and whether the achievements of a certain age,

For health.

The rights of judges:

Judges in the course court session have the right to study evidence, ask questions to the parties, witnesses and other interrogated persons, make decisions on the merits of the case, stated petitions and discharges, etc.;

The judge has the right to request evidence from citizens and organizations; submit submissions to government agencies, public organizations to the elimination of the causes and conditions that contributed to the commission of an offense; Request information from government agencies, public organizations and information centers.

The judges have the right to contribute to the Supreme Court of the proposal to give an explanation on the application of legislation;

Responsibilities of judges:

Accurate to fulfill the requirements of laws;

Provide the protection of the rights and freedoms of citizens, their honor and dignity, the interests of society, high culture and educational impact of justice, be fair and humane;

Study and summarize judicial practice to promote legal Knowledge employees of the apparatus of ships and people's assessors;

Avoid everything that could somehow cause damage to the authority of justice, the dignity of judges, objectivity and impartiality;

To acquaint people in a timely manner with the cases to be considered, with the current legislation and the practice of its application, to provide other assistance in the implementation of their powers;

Do not disclose the secret of the meeting of judges and other information obtained in closed court sessions.

1. Constitutional bases Justice.

Justice B. Russian Federation Built on the following principles:

• the legality of justice.

• exercise of justice only by law.
• availability judicial protection Right.
• implementation of justice on the basis of equality of all before law and court.
• collectibilities Consideration of certain cases of affairs in the courts.
• participation of citizens in the administration of justice.
• independence of judges and subordination of their only law.
• disposal and office work in courts in public or national language.
• Principle of publicity in the activities of courts.

The Constitution of the Russian Federation establishes: "The proceedings of the case in all courts open. Listening to B. closed meeting It is allowed in cases provided for by federal law. "

Listening to the case in a closed process is allowed:

- according to the APC RF:

1. State secret,

2. The need to preserve commercial and other secrets,

3. In other cases provided by law.

- according to the Criminal Procedure:

1. For cases on crimes of persons under the age of 16,

2. For sexual purposes,

3. For other cases, in order to prevent disclosure of information about the intimate parties to the life of those involved in the case.

• Principle of providing accused rights to protection.

The law establishes cases mandatory participation Defender on the preliminary investigation and inquiry:

The suspect, the accused did not refuse the defender,

The suspect, the accused is minor,

The suspect, accused of physical or mental deficiencies, cannot independently exercise its right to defense;

The suspect, the accused does not own the language in which the criminal proceedings are being conducted;

The person is accused of committing a crime for which punishment may be appointed in the form of imprisonment for a period of over 15 years, lifelong deprivation of liberty or the death penalty;

The criminal case is subject to consideration by the court with the participation of jurors;

The accused declared a petition for the consideration of the criminal case in a special order.

• The principle of adversaries and equality of the parties in the lawsuit.
• The principle of presumption (assumptions) of innocence.

The law establishes:

The accused is considered innocent until his guilt in committing a crime will be proved and established by entering into legal force verdict of the court;

The suspect or the accused is not obliged to prove his innocence. The burden of proving the charge and refutation of the arguments given to the defense of the suspect or the accused lies on the side of the accused;

All doubts about the guilt of the accused who cannot be eliminated in the manner prescribed by law are interpreted in favor of the accused;

The conviction cannot be based on assumptions.

The provisions are applied during preliminary investigation, inquiry, in court.

The presumption of innocence is refuted: the assumption is valid until the judgment of the court will be determined on the basis of sufficient, reliable and objective evidence.

· Explainability of judges. Corporate judges and jury meetings.

· . Principle of protection of honor and dignity of the personality of the judge.

The listed constitutional provisions are related to legal proceedings and enforcement of criminal justice and civil Affairs,

Judges occupy a privileged position in any country. Their work requires a high level of professionalism and honesty. Since the fate of people depend on their decisions, the state, providing privileges, requires judges relevant obligations. For this, laws and rules are created in which the basic rights and obligations of judges are prescribed.

Who is the judge and what is the essence of his work?

The judge is a state official who is the performer of justice and judicial power. The main rights and obligations of judges are registered in the law "On the status of judges in the Russian Federation", also in other different legitimate and by-lawsDechens.

As a representative of the authorities, which occupies a high position, he has inviolability. That is, until he is withdrawn from his post, he is obstacious. All judges have a single status, but the volume of their rights and responsibilities depends on the level of office in judicial system, features of local legislation and qualification levels. IN russian legislation The requirements for the judge, which operate throughout the Russian Federation are also envisaged. They are mandatory for all judges, regardless of their level of their competence and the region.

Any citizen of the Russian Federation has been entitled to take the post of judge, with higher legal education and work experience for this profession for at least 5 years. This experience does not include learning time in the university. The experience takes into account only the time during which the candidate worked as a lawyer, assistant lawyer, in the investigative committee, notary.

Depending on the region, the candidate may be presented additional requirements. The main thing is that him or his close relatives have no outstanding criminal record.

Types of ships

The court is a state authority that makes justice in accordance with the laws adopted in the country. The judge in Russia has the right to apply coercive measures provided for in Russian legislation to persons who violate the law. Everything state courtes RF account for a judicial system that consists of the following instances:

• Constitutional.
• Supreme.
• Arbitration.
• World.

Justice in them is carried out by applying the Constitution, Civil, Administrative and Criminal Legislation of the Russian Federation. The responsibilities of the judge include consideration of cases that are included in its competence.

For each instance, a judge or judge is appointed by special qualifications suitable for appointing to a position at a particular level of the hierarchy of ships. At the same time, the higher the instance, the more the requirements are presented to the judge, and above its responsibility. Thus, the decisions made by the Supreme Court are becoming a precedent and become mandatory for execution for legal instances.

Constitutional judge

The Constitutional Court considers cases related to the Constitution of the Russian Federation, for example, acts that violate the rights and freedoms of citizens prescribed in the Constitution. This instance includes 19 judges, each of which is appointed by the presidential decree for a period of 12 years. The candidate must have the following data:

• higher Legal Education, Specialty or Master;
• experience lesson activities for at least 15 years;
• age for at least 40 years.

Since such a court is the highest in the hierarchy of the courts, the applicant must have high professional qualities to get on one of these 19 seats. In the duty of the judge Constitutional Court There is a consideration of cases of violation of constitutional legislation, identifying laws contrary to the Constitution of the Russian Federation. To do this, he must be able to deal with different areas of law and have extensive experience.

Supreme Judge

He considers crimes committed by high-ranking officers. Also in the Supreme Court of the case, the reality of which was in doubt. These are cases initiated by newly discovered circumstances (re-trial) and appeals. It also disassembles the affairs of the world (district) court, which require a higher level of competence, which is provided for by law.

The post of supreme judge in Russia may occupy a specialist with the following qualifying data:

• higher legal education;
• experience in the Legal Area - 10 years;
• age at least 35 years.

The candidate is appointed by the Council of Judges by the Council of Judges by voting. An additional requirements or test may be presented to the candidate to verify the qualifications of the candidate. The appointment is confirmed by the Decree of the President of the Russian Federation.

The duties of the Judge of the Supreme Court include consideration of complex civil, criminal, administrative and other cases falling under common jurisdiction. He also controls under the courts of understanding instances.

Arbitration Judge

IN arbitration Court The economic disputes that arose from civil and administrative legal relations between legal entities, including citizens business activities as an IP. Arbitration Judge In Russia, sitting in the Arbitration Court, must comply with the following parameters:

• work experience - 5 years;
• age for at least 25 years.

The candidate is appointed by the decision of the Qualification Commission of the judges and the Decree of the President of the Russian Federation. The duties of the judge include consideration of complaints, litigation, resolution of controversial issues related to taxes and registration of the enterprise. Cases of bankruptcy or mutual commitments of entrepreneurs. Moreover, cases of not only Russian enterprises, but also foreign, who work or registered in the Russian Federation are considered. The judge is obliged to accept the case subordinate to him, even if the dispute takes place between the legal and individual or state.

World judge

The world court is an instance of the first (lower) level. The magistrate is engaged in the proceedings of civil, administrative and criminal cases. He must meet the following qualifying requirements:

• education is a higher legal;
• work experience at least 5 years;
• age for at least 25 years.

Despite the fact that the requirements for the chairmen of such instances are the lowest, compared with others, only a highly qualified specialist can take the post of magistrate. The fact is that the number of judicial places is limited by law. And in order to take the post of judges, you need to wait when the previous one will resign or will be removed from the post occupied. The world judge is appointed by the decision by the Qualification Board of Judges and the Presidential Decree. In charge district judges Includes:

• to engage in broken-water processes, provided that there are no minor children in the family;
• issuance of a court order;
• to carry out a fair section of joint property between the parties to the timing of a timber radiation process, while the amount of property to be divided cannot exceed 100,000 rubles;
• other family affairs, in addition to the processes about challenging fatherhood or maternity, deprivation of parental rights and adoption of children;
• property disputes, provided that the cost of this property does not exceed 100,000 rubles;
• disputes between the employer and the employee, except when the plaintiff requires restoration to the former workplace.

However, the judge's duties include consideration of not all civil, criminal and administrative cases. More serious lawsuits are considering the superior instance. The world judge does not consider the case if:

• the price of the claim exceeds 100,000 rubles;
• in criminal cases, the punishment for which is imprisonment of more than three years;
• licracure processes in the property section, the cost of which exceeds 100,000 rubles;
• deprivation of parental rights and adoption of children;
• licracure affairs if there are minor children from spouses.

These cases are discussed in the district, regional or supreme court. The world court carries out justice only a certain area. On this area and their powers are distributed. On the territory should live from 15 to 23 thousand people. If the population is less than 15 thousand people, one plot (district) is fixed for the judge. If a larger number of citizens live in the area, another judge is appointed.

Ethical requirements for judges

In addition to qualifying qualities (education, experience), the judge is obliged to comply with certain professional standards, comply with the ethics of judges. Whatever the post in the hierarchy of judges he did not occupy, it must comply with the following parameters:

• To be honest. The judge cannot and has no right to take money and gifts from participants trial, ignore the facts or try to hide them. He must make decisions based on truth and law, and not on the basis of its mercenary purposes.
• The judge must be impartial. He should not have an interest or preference for any of the parties in court. If there is a situation where he should judge a citizen who is his relative, then the judge is obliged to convey this business to another person.
• Be a law-abiding. He should not have a criminal record not only before entering office, but also after. Since it occupies a high post and is the embodiment of the law and justice, the requirements for the judge as a worker of order is very high. If he will violate the law at least once, it will cost him the whole career.
• Constantly learn. The judge is obliged to maintain his qualifications on high level. In order to make decisions in accordance with the current legislation, the judge must know and be able to use laws, decrees, acts in its activities. And for this, he must constantly read special literature, codes, legal newspapers and magazines.
• Do not engage in entrepreneurial and political activities. The judge cannot participate in any public and political movements or parties.
• Do not have accounts and property abroad. This item also concerns citizenship abroad or double citizenshipwhich can cause suspicion of the honesty judges, which is unacceptable.

In addition to professional ethics, the judge must comply with the rules and norms of universal morality. All judges are obliged to comply with the laws and obey the decimes of the president and the government. In more detail, what a judge should be, you can learn from the ethics of judges and the law "On the status of judges in the Russian Federation".

Professional requirements

Professional requirements are not only such requirements as, for example, education, experience or age. This is the responsibilities of the judge that he must fulfill, regardless of which instance he presides.

• The judge is obliged to confirm that he has everything in order with mental and physical health. It does not use narcotic substances. Does not sick alcoholism.
• It should show his income and expenses, as well as income and expenses of their family. To do this, they rent annually the declaration of income and expenses.
• Any gifts from third parties he has no right to take. And if for some reason he cannot give up a gift, he must pass it into a special branch. Then he can redeem him.
• Deal judicial activity. Work in court is a hard work that requires constant self-improvement. You have to disassemble complex, sometimes confusing business. At the same time, it is obliged to judge in accordance with the latest innovations in Russian legislation. This means that he must have not only rich life experience, but also to constantly learn.
• The judge must be independent. He should not feel pressure from other persons when making and making a decision in court. In their decisions, they must be guided exclusively by law, conscience and on the basis of research submitted evidence.

The judge can engage in teaching activities, writing the books of the article, lectures. However, it has no right to use for such activities working hours or conduct classes to the detriment of its professional activity.

Responsibilities of judges in court

The judge sends justice in accordance with the laws and constitution adopted in the Russian Federation. In addition to the main powers, consideration of cases and making decisions, the duties of the judge in court include the following functions:

• Organizes the work of the court.
• Conducts events to further teach the judges of its level or downstream instances. It is obliged to do this work in its free time.
• Based on the adopted rules to establish the order and timetable of work within the court and control the execution of the tasks.
• Distribute the rights and obligations of deputies and judges in accordance with the laws.
• Preparing documents before the lawsuit.
• Lead all processes and participants of the court. Maintain order so that both sides of the process can provide materials prepared by them.
• Inform others judicial instances About your work. This is especially true of judges holding posts in higher judicial instances.
• Organize the process of consideration of the case.

If it can not execute official duties Judges and for any reason to use their powers, he must instruct this work to one of his deputies.

In what cases does the judge can lose his post?

The judge can lose his post for the failure to fulfill its judicial duties, violation of the law or the code of judicial ethics. At the same time, the violation should be serious enough so that it comes to withdraw from office, and not limited to the comment or prevention from the higher authority.

The decision to deprive the judge post is made qualification Collegium judges. At the same time, the decision must be made no later than 6 months from the date of misconduct. Below are cases due to which the powers of the judge in the Russian Federation may be:

• if he is recognized by the court is missingly missing;
• when criminal proceedings against him and bring to justice;
• the participation of the judge in political activity;
• concealing its income and expenses, as well as income and expenses of family members of the judge;
• identifying the judge or members of his family not specified in the questionnaire;
• according to a personal written statement;
• failure to fulfill the duties of the judge;
• as of health, if the judge has diseases that do not give him the opportunity to engage in professional activities;
• upon reaching the utmost age for this post (70 years);
• change of citizenship;
• opening B. foreign Bank Account or acquisition real Estate abroad; posts can be deprived even if the account has opened a spouse (spouse) judges or minor children;
• the occupation of any case incompatible with the activities of the judge.

At the same time, if the judge was temporarily suspended from office, he also, as before, receives a salary, and his family continues to operate social. package. He does not lose inviolability. However, if he was removed due to the initiation of a criminal case against him - he deprives all the privileges listed above. The decision to remove or restore the judge as a qualifying board of judges.

As practice shows, any violation of the law, professional ethics and rules leads forever to the loss of a career of the judge. Even if he is restored in his position, his reputation, which means that the possibilities of fast career growth will be limited.

1. The basic rights of judges and people's assessors.

Judges and people's assessors during the court session have equal rights to study evidence, asking questions to the parties, witnesses and other interrogants, making decisions on the merits of the case, stated petitions and discharges, etc.;
The judge (presiding) is entitled to take the necessary measures for the normal course of the court session and leadership;
The judge has the right to request evidence from citizens and organizations; Submit submissions to government agencies, public organizations and officials to eliminate the causes and conditions that contributed to the commission of an offense; Request information from government agencies, public organizations and information centers. At the same time, these bodies and officials are obliged to comply with the requirements of judges, respond timely to their requests and submissions;
The judges have the right to contribute to the Supreme Court of the Russian Federation proposals for the giving explanations on the application of legislation;
The judges have the right to put on the discussion of the conferences of the judges issues of interest to the judicial community.

2. Responsibilities of judges and people's assessors:

The judges and the people's assessors are obliged to strictly comply with the law on the basis of ensuring the rights and freedoms of a person and citizen, the protection of public and state law and legitimate interests;
Judges are obliged to participate in the study and generalization judicial practice, work on improving the level of legal knowledge of people's assessors and employees of the court apparatus;
Judges and national assessors in their official and non-magic activities are obliged to prevent any deeds that may cause damage to the authority of the judiciary, the dignity of the judge or cause doubts about the competence and impartiality of the judge;
The judges are obliged to undergo qualifying certification and increase their professional level;
The judges are obliged to provide assistance to people's assistance: to meet the cases in a timely manner with the laws and the practice of its use in a timely manner;
The judges and the people's assessors are not entitled to break the secret of the meeting in the deliberation room and disclose the information that they became known during the closed court session.

Folk careers are in a timely manner to consider cases. At the same time, enterprises and organizations where they work are obliged to freely release them to fulfill the functions for consideration of cases. Folk sites are elected by the teams at the place of work or service, the place of residence for a period of up to 5 years. In case of expiration of the powers of the people's assession, during the consideration of a particular case with his participation, these powers are held until the end of the consideration of the case. For the performance of their functions, people's assessors receive remuneration from federal budget. Folk assessers are involved in fulfilling their duties for no more than 2 weeks during the year. The extension of this period is allowed if necessary to complete the case, begun with the participation of this people's assessor.

3. The organizational leadership of the district court carries out its chairman. If the District Court consists of one judge, then he is at the same time his chairman.
In addition to participating in court sessions, the Chairman of the District Court performs the following functions:

Distributes cases between judges;
leads personal reception;
organizes work on receiving citizens and consideration of applications and complaints;
organizes work with people's assessors to increase their level of legal knowledge;
leads a generalization of judicial practice and judicial statistics;
contributes to state bodies, public organizations and officials of the submission to eliminate the causes and conditions that contributed to the commission of offenses;
manages the court office and submits to the appointment of the court administrator;
Performs other functions.

In case of temporary absence of the Chairman of the Court (vacation, illness, etc.), its functions perform a deputy or one of the judges of the relevant court. If this court consists of one judge, then by decision of the Chairman of the Court of the Directory of the Russian Federation, its functions performs the judge from the nearest district court.

Order Judicial Department With the Supreme Court of the Russian Federation of December 6, 2010 N 272 "On approval of typical official regulations of the assistant to the Chairman of the Court (judge) of the Supreme Court of the Republic, regional and regional courts, the court of the city of federal significance, ships autonomous region and autonomous District, District (Fleet) Military Court, District Court and Garrison Military Court "

In accordance with Article 47 of the Federal Law of July 27, 2004 No. 79-FZ "On the State Civil Service of the Russian Federation" I order:

1. To approve the attached assistant Chairman of the Court (judge) of the Supreme Court of the Republic, the regional and regional courts, the court of the city of federal importance, the vessels of the Autonomous Region and the Autonomous Okrug, the district (Flot) of the Military Court, the Assistant Chairman of the Court (judges) of the district court and the garrison military court (hereinafter - typical regulations).

2. Chairs of the Supreme Courts of the republics, regional and regional ships, vessels of the cities of federal importance, the autonomous region courts and autonomous districts, district and military courts to approve on the basis of job regulations assistant Chairman of the Court and Assistant Judge of the relevant federal court general jurisdiction.

4. Control over the execution of this order to assign to the deputy General Director Judicial Department at the Supreme Court of the Russian Federation Parisha A.I.

Typical Official Regulations
Assistant Chairman of the Court (judge) of the Supreme Court of the Republic, the regional and regional courts, the court of the city of federal significance, the court of the Autonomous Region and the Autonomous District, District (Flot) of the Military Court

Section 1. General

1.1. A typical official regulation of the assistant chairman of the court (judge) of the Supreme Court of the Republic, regional and regional courts, the court of the city of the Federal Region, the Court of Autonomous Region and the Autonomous Okrug, the district (Flot) of the Military Court (hereinafter - the Model Regulation) was developed in accordance with federal laws from May 27, 2003 No. 58-FZ "On the system public service Of the Russian Federation, "dated July 27, 2004 No. 79-FZ" On the State Civil Service of the Russian Federation "(hereinafter - the Federal Law on State Civil Service), dated January 8, 1998 No. 7-FZ" On the Judicial Department at the Supreme Court Of the Russian Federation, "Decree of the President of the Russian Federation of December 31, 2005 No. 1574" On the register of posts of the Federal State civil service", By decree of the President of the Russian Federation of September 27, 2005 No. 1131" On qualification requirements for the experience of civil service (public service of other species) or experience work in the specialty for federal civil servants "; Decree of the President of the Russian Federation of November 19, 2007 No. 1554 "On the procedure for assigning and preserving the class officials of Justice to persons replacing state posts The Russian Federation and the position of the Federal State Civil Service, and the establishment of a federal state civil servant of monthly salaries for the cool rank in accordance with the classified ranks of justice assigned to them. "

1.2. The position of Assistant Chairman of the Court (judge) in the Offices of the Supreme Court of the Republic, the regional and regional courts, the court of the city of the Federal Region, the Court of Autonomous Region and the Autonomous Okrug, District (Flot) of the Military Court (hereinafter - the Assistant Chairman of the Court (judges) refers to the leading group of posts State Civil Service of the Russian Federation category "Assistants (advisers)".

1.3. According to paragraph 2 of Part 2 of Article 9 of the Federal Law on the State Civil Service of the State Civil Service office "Assistant Chairman of the Court" and "Assistant Judge" are established to ensure the fulfillment of powers of persons replacing state positions "Chairman of the Federal Court" and "Judge of the Federal Court".

1.4. Positions "Assistant Chairman of the Court (judges)" correspond cool ranks Justice "Advisor to Justice 1 class" ("Advisor of Justice 2 of Class").

1.5. The appointment of a person to the position of "Assistant Chairman of the Court (judge)", as well as exemption from office is carried out by order of the chairman of the relevant federal court of general jurisdiction.

1.8. Assistant Chairman of the Court (judges) is guided in its activities by the Constitution of the Russian Federation, federal constitutional and laws and federal lawsother regulatory legal acts Of the Russian Federation, orders and orders of the Chairman of the Supreme Court of the Russian Federation, Chairman of the Supreme Court of the Republic, regional and equivalent court, regulatory legal acts and guidelines of the Judicial Department at the Supreme Court of the Russian Federation, this Typical Official Regulations.

1.10. For the period of temporary absence of an assistant to the Chairman of the Court, he replaces his assistant judge, for the absence of an assistant judge his duties assigned to another assistant judge this court.

2.1. Persons claiming to replace the posts of civil service "Assistant Chairman of the Court" and "Assistant Judge" must have a higher legal education and comply with the qualification requirements established by federal laws and regulatory legal acts on the Federal State Civil Service of the Russian Federation.

Convention on the Protection of Human Rights and Fundamental Freedoms, Protocols for It, as well as Practice European Court on human rights;

decisions and definitions of the Constitutional Court of the Russian Federation;

Federal Constitutional Laws (including the Federal Constitutional Law of December 31, 1996 No. 1-FKZ "On the Judicial System of the Russian Federation"), federal laws (including the Law of the Russian Federation of June 26, 1992 No. 3132-I "On Status of judges in the Russian Federation, "dated January 8, 1998 No. 7-FZ" On the Judicial Department at the Supreme Court of the Russian Federation "), civil procedural Code Of the Russian Federation (hereinafter - the Code of Civil Procedure of the Russian Federation), the Criminal Procedure Code of the Russian Federation (hereinafter - the Code of Criminal Procedure), the Code of the Russian Federation on administrative offenses (hereinafter referred to as the Administrative Code of the Russian Federation) and other laws aimed at implementing justice, decrees of the President of the Russian Federation, the Decree of the Government of the Russian Federation, the Resolution of the Supreme Court of the Russian Federation, the Resolution of the Council of Judges of the Russian Federation, the acts of the Judicial Department at the Supreme Court of the Russian Federation and other regulatory legal acts governing the activities of federal courts of general jurisdiction and the features of the passage of civil service;

structure federal organs executive power;

procedure for working with service information limited distribution;

the list of information assigned to the state secret;

general principles service behavior state civil servants;

rules for the behavior of employees of the court apparatus; The rules of the internal labor regulation;

regulatory documents regulating the activities of the receiving court; rules for the behavior of visitors in the courthouse;

local acts of the court;

official Regulations.

analyze and summarize information;

3.2. Assistant Chairman of the Court (judges) is not entitled to perform actions that entail the emergence, change or termination of the rights or obligations of persons participating in the case, and other participants in the trial.

3.3. Assistant Chairman of the Court (judges) must fulfill duties stipulated articles 15 and 18 of the Federal Law on State Civil Service, as well as on behalf of the Chairman of the Court (judges):

to carry out information and legal and codifying support for the Chairman of the Court (judge), including:

select regulatory legal base according to the relevant category of civil case, criminal case, as well as cases of administrative offenses;

draw up draft analytical materials (certificates), judicial reviews;

prepare conclusions by controversial issues judicial practice and materials for reports and speeches;

monitor reports on the work of the judge in the media;

assist in carrying out service checks;

inform the Chairman of the Court (judge) about the violations of existing legislation identified in the performance of official duties;

perform other orders to the Chairman of the Court (judges) associated with its professional activities.

makes it necessary for consideration by the Chairman of the Court of Proposal to improve the organization of the work of the Court, including on the load of judges;

prepares project plans and monitors the execution of planned activities;

makes proposals for the preparation of the Project of the order (orders) of the Chairman of the Court;

prepares projects of documents to appropriate the judges of the next qualifying classes (if this authority is not entrusted to other employees of the court office);

performs the instructions of the Chairman of the Court in the implementation of official inspections;

leads protocols of service and operational meetings;

performs other organizational and legal activities on behalf of the Chairman of the Court.

prepares materials for reports and speeches;

assists the chairman of the court in the preparation of conclusions on the disposal issues of the application of legislation;

prepares the analysis of the draft laws and other regulatory acts entering the court and the preparation of projects of comments and amendments to them;

informs the Chairman of the Court of Compliance with the judges procedural deadlines consideration of cases (materials);

performs other events for the information and legal support of the court's chairman.

4.4. In collateral procedural activity Chairman of the Court Assistant Chairman of the Court:

participates in the preparation of draft judicial acts on cases in the work of the Chairman of the Court, including those issued on the results of consideration by the Chairman of the Court of Statements on Accelerating Consideration of Civil and Criminal Affairs;

performs other orders of the Chairman of the Court.

4.5. Assistant Chairman of the Court carries out the following authority to cooperate with the media (in the absence of an authorized employee of the court office responsible for interaction with the media (hereinafter - the media):

organizes and conducts for journalists and other representatives of the media meeting with the participation of representatives of the court;

advises representatives of the media and the public, familiarize them in the prescribed manner with documents and other materials on the activities of the Court;

provides promoting journalists and other media representatives in the preparation of materials on cases considered in courts, which has public importance, as well as the resonance among the population;

prepares materials for informing the population through the media and in other forms on the results of the activities of federal courts of general jurisdiction in the relevant subject of the Russian Federation;

prepares and places materials in the media, objectively reflecting the activities of federal courts of general jurisdiction in the relevant subject of the Russian Federation;

analyzes the analysis of materials published in the media on the activities of the courts, the judicial community, if necessary, is preparing answers or denial of unreliable information;

performs other orders associated with this activity area.

4.6. Performs other assignments aimed at implementing the court chairman as authority of the judge and procedural authorityestablished for the court chairman by federal constitutional laws and federal laws.

SECTION 5. Powers of the assistant judge in criminal proceedings

5.1. The assistant judge exercises its authority under the leadership, on behalf of the judge or in coordination with him.

5.2. When considering the judge of criminal cases (materials) in the first instance, the assistant judge:

the criminal case admitted to the first instance (material) (material) (the judge may be compiled a list of issues to be calculated by the assistant judge when studying a criminal case (material);

oral (written) conclusion in the studied criminal case (material) with a proposal for the adoption of one of the decisions specified in Article 227 of the Code of Criminal Procedure of the Criminal Procedure (written)

performs the necessary organizational activities related to the appointment preliminary hearing or court session;

performs the instructions of the judge related to the consideration of the criminal case at the court hearing;

checks the incoming cassation complaints (submission) for compliance with the requirements of Articles 354-356, 375 of the Code of Criminal Procedure, reports the judge to a proven complaint (submission);

it prepares for the direction of cases considered to the cassation instance with cassation complaints and ideas.

performs other instructions of the judge directly related to the consideration of the criminal case (material) in the first instance.

5.3. When considering the judge of the criminal case (material) in cassation instance Assistant Judge:

studies criminal cases (materials) in cassation production Judges, and checks:

the presence of circumstances excluding the participation of judges of the court composition in the criminal proceedings (material);

the deadlines for filing cassation complaints (submissions) and the proper notification of persons participating in the consideration of the case, about the appeal (ideas) and the date, time and place of consideration by the court of cassation. Compliance with Article 376 of the Code of Criminal Procedure of the Procedure Lifestyle (no later than 14 days before the day of the court session);

the presence of petitions of convicts contained in custody, about the desire to attend a complaint (submission) at the court hearing;

compliance of cassation complaints (submissions) with the requirements set out in Article 375 of the Code of Criminal Procedure;

compliance with the provisions of the Code of Criminal Procedure in the initiation of a criminal case (whether it has been initiated against all convicts);

compliance with the requirements of the Code of Criminal Procedure preliminary investigation and legal proceedings;

compliance with the provisions of the Code of Criminal Processes of the Russian Federation, when electing the accused measure of curbing in the form of detention and extension of the detention, was observed whether the deadlines for the departure of the defendant (including the notification of relatives on the election of the accused the defendant measures of the preventiveness in the form of detention);

data on clarification by the preliminary investigation authorities and the court of rights and obligations of the participants in the criminal process and ensuring the possibility of their implementation by the latest in the process of preliminary investigation and the court session (including the right of the accused of defense, the right of victim to participate in criminal prosecution, etc.);

compliance with the rights of participants in criminal proceedings provided for by the Code of Criminal Proceditors, which do not own or insufficiently owned by the language, in which the criminal proceedings are being conducted;

other circumstances that are important for the consideration of the criminal case (material) by the court of cassation instance.

according to the results of studying criminal cases (materials), it is in oral (written) a conclusion and reports judge;

assists in the manufacture of the draft cassation definition;

reports the chairmanship of the court on the timing of cassation definitions by judges;

interacts with the structural divisions of the court on the movement of criminal cases in the court of cassation, the timely passage in the appropriate structural division of the court and return to the court of first instance;

performs other instructions of the presiding judgment and judges of the composition related to the preparation and consideration of criminal cases (materials) in the cassation instance.

5.4. When considering the judge of the criminal case in the supervisory instance, the assistant judge:

checks the supervisory complaints (submission) for compliance with the requirements of Article 404 of the Code of Criminal Procedure of the Russian Federation;

supports an accompanying letter about the return of the supervisory complaint (presentation) to eliminate the reasons that impede their consideration, in cases provided for by law;

examines supervisory complaints (submission) to address the issue of the need (absence of the need) of the claims of a criminal case (material) from the court of first instance and reports the judge of the conclusion on this issue;

selects the judge the necessary regulatory legal framework, judicial practice;

checks the validity of the arguments of the supervisory complaint (submission), including according to the requested case (material), and reports the conclusion of the studied supervisory complaint (submission);

prepares a draft response to the supervisory complaint (presentation) or draft resolution;

pass supervisory production with accepted judges based on the results of the study of the supervisory complaint (submission) by decisions or the response of the Chairman of the Court for execution to the appropriate structural division of the Court;

reports the decision of the Presidium of the Court together with the subsequent criminal case (material) for referring to the execution to the appropriate structural division of the Court;

performs other orders of judges associated with the organization of the consideration of the criminal case in supervisory work.

5.5. The assistant judge in the organization of a trial with the participation of jury does the following powers exercise (if these duties are not entrusted to another employee of the court apparatus):

checks the presence of circumstances that prevent the participation of the person as a jury;

prepares a draft resolution on providing appearance at the court hearing;

controls the presentation of candidates for the jury members of the arrival of arrival at least 7 days before the start of the court session;

reports the judge about the appearance of candidates for jury;

performs other orders of the presiding judge related to the organization of a trial with the participation of jury.

Section 6. Powers of the assistant judge in civil proceedings

6.1. The assistant judge exercises its powers under the guidance, on behalf of or as agreed with the judge.

6.2. When considering the judge of civil case at first instance, the assistant judge:

on behalf of the judge examines the application received by first instance and the documents attached to it in order to verify the compliance of the documents submitted to the requirements of the legislation, their reliability and completeness (the judge may be drawn up a list of issues that the assistant judge should find out when studying the materials received);

reports of the judge oral (written) conclusion on the studied case with a proposal to make one of the definitions specified in Articles 133-136 of the Code of Civil Procedure of the Russian Federation;

prepares projects of accompanying letters about the direction of the judicial acts adopted by the judge, persons participating in the case;

monitors the deadlines for eliminating circumstances that prevent the initiation (consideration) of civil affairs and served as the basis for leaving the application without movement, suspending the proceedings in a timely manner reporting the judge;

on behalf of the judge performs all the necessary actions to prepare the case judicial proceedings, including guides applications with package of documents to interested persons (respondents), as well as on behalf of the judge, participates in resolving issues related to the appointment of the case for consideration;

controls receiving addressee mailings with judicial acts (judicial agendas), reports the judge on the return of the specified postage without a presentation of the addressee, on behalf of the judge prepares the draft requests to the relevant authorities to establish the place of finding a person participating in the case;

checks the incoming cassation (private) complaints (submissions) for compliance with the requirements of Articles 336-340 Code of Civil Procedure of the Russian Federation, reports the judge oral (written) conclusion on a proven complaint (submission) with a proposal for issuing necessary cases one of the definitions specified in Articles 341, 342 Code of Civil Procedure of the Russian Federation;

maintains preparations for the direction of cases considered by the judge and materials with cassation (private) complaints and submissions;

checks the applications for awarding compensation for violation of the right to legal proceedings in reasonable time or the right to execute a court order within a reasonable period, for compliance with the form and content of articles 244.1-244.3 of the Code of Civil Procedure of the Russian Federation, reports the judge oral (written) conclusion on a proven statement with a proposal for issuing one of the definitions specified in Articles 244.5- 244.6 Code of Civil Procedure of the Russian Federation;

performs other orders of judges associated with the consideration of civil affairs in the first instance.

6.3. When considering a judge of civil affairs in the cassation instance, the assistant judge performs the following functions:

checks the proper notification of persons participating in the cassation consideration of the case and reports the judge;

examines the petitions and appeals of persons participating in the case addressed to the court of cassation instance and makes the judge of the proposal possible method their permissions;

studies the arguments of the cassation complaint (submission), prepares a regulatory justification (with the application of regulatory legal acts or extracts from them) and reports the judge conclusion in the case;

makes up a certificate of results cassation consideration cases (if necessary);

prepares a draft cassation definition;

interacts with the structural divisions of the court regarding the passage of the case in the court of cassation and the timely passage, return to the court of first instance;

performs other instructions of the presiding composition, the judge of the composition associated with the preparation and consideration of the case in the cassation instance.

6.4. When considering a judge of civil case in the supervisory instance, the assistant judge performs the following functions:

checks supervisory complaints (submissions) for compliance with the requirements of Article 378 Code of Civil Procedure of the Russian Federation;

prepares a project for determining the return of the supervisory complaint (submission) without considering essentially to eliminate the reasons that impede their consideration;

studies supervisory complaints (submissions) and reports the judge about the need to claim the case into the court of supervisory instance or refusing to exterminate the case and is preparing a draft relevant document;

prepares the necessary accompanying letters;

controls the direction into the division of bailiffs of determining the suspension of the execution of the judicial act;

studies civil cases and arguments supervisory complaints (submissions), as concluded and reports the judge;

prepares a draft definition in the event of a decision on refusal to transfer the case for consideration in the court of supervisory instance;

provides technical assistance to the judge-rapporteur in compiling procedural documents for the presidium of the court;

organizes the delivery to the appropriate structural division of the court after considering the case of the Presidium and the signing of the court decisions of the Presidium;

performs other orders of judges associated with the consideration of the case in the court of supervisory instance.

Section 7. Powers of the assistant judge when considering complaints (protests) to the decision on the case of an administrative offense and (or) decisions on this complaint

7.1. The assistant judge exercises its powers under the guidance, on behalf of or as agreed with the judge.

7.2. When considering the judge of complaints (protests) to the decision on the case of an administrative offense and (or) decisions on a complaint about this ruling, the assistant judge performs the following actions:

examines the petitions and appeals of participants in the proceedings on administrative offenses addressed to the relevant Court, and makes a judge proposal for a possible way to resolve them;

examines the arguments of the complaints (protest) to the decision in the case of an administrative offense and (or) decisions on a complaint about this ruling and materials of the case reports a judge conclusion in the case;

performs other orders of judges associated with the consideration of complaints (protests) on the decision on the case of an administrative offense and (or) decisions on a complaint about this ruling.

7.3. When considering a judge in the order of supervision of complaints (protests) on the decisions on administrative offenses, decisions on the results of consideration of complaints, protests Assistant judge performs the following functions:

checks complaints (protests) for compliance with the requirements of articles 30.12-30.14 of the Administrative Code of the Russian Federation;

prepares the project of the accompanying letter about the return of the complaint (protest) in cases provided by law;

prepares a draft definition of adoption for consideration in the procedure for supervision of complaints (protests) and projects of letters that inform the participants in the proceedings on administrative offenses about the submission of a complaint, the progress of protest;

checks the validity of the arguments of the complaint (protest), corresponding to the requirements of articles 30.12-30.14 of the Code of Administrative Offenses of the Russian Federation, studies the materials of the case of an administrative offense and reports the judge of the conclusion on the complaint studied (protest);

prepares a draft resolution on the complaint studied (protest);

performs other orders of judges aimed at ensuring consideration in the order of supervision of complaints (protests) on decisions on administrative offenses, decisions on the results of consideration of complaints, protests.

Section 8. Other powers of the judge's assistant

8.1. The assistant judge exercises its powers under the guidance, on behalf of or as agreed with the judge.

8.2. The assistant judge carries out other orders related to the assistance of the judge in the implementation of its powers, including:

makes information in the corresponding state subsystems automated system Russian Federation "Justice" on judicial deeds (materials), appeals to citizens of the Russian Federation, which are in the production of judges;

8.3. The assistant judge of the district (fleet) of the Military Court fulfills the powers listed in this type of provision of regulations, as well as when considering the judge of complaints (ideas) on the decision of the judge of the Garrison Military Court:

examines the complaints received and checks the deadlines for filing complaints (submissions), compliance with complaints (subsections) with the requirements of Article 23 of the Federal Law of December 1, 2006 No. 199-FZ "On proceedings on materials on rough materials disciplinary misconduct when applied to the servicemen of disciplinary arrest and on the execution of disciplinary arrest, "other circumstances that are important for consideration of complaints (submissions);

according to the results of the study, the oral (written) conclusion and reports the judge;

the draft definition of the judge of the district (Flot) of the Military Court is preparing on the results of the consideration of the complaint (submission) on the decision of the judge of the Garrison Military Court;

performs other orders of judges of the district (Flot) associated with the revision of the judge of the judge of the Garrison Military Court.

8.4. Performs other orders aimed at implementing the judge of both professional and procedural powers established for the judge by federal constitutional laws and federal laws.

Section 9. Rights

participate in the preparation of projects of procedural documents within the credentials provided;

subject to the Chairman of the Court offers to improve work related to the obligations provided for by this Typical Regulations.

Section 10. Responsibility

failure or improper execution their job responsibilities, actions or inaction leading to violation of the rights and legitimate interests of citizens;

untimely fulfillment of tasks, orders, orders and instructions of the Chairman of the Court;

Section 11. Procedure of Service Interaction

11.1. Assistant Chairman of the Court (judges) is building a service cooperation in connection with the execution of its official duties with judges and employees of the court office, officials of other state bodies, citizens, in accordance with federal laws and other regulatory legal acts regulating and the conditions and procedure for passing civil service , service contract and official regulations.

11.2. Assistant Chairman of the Court (judges) interacts:

with the court administrator, bosses structural units ships, as well as with state civil servants and employees of the court office on issues included in his competence;

with the media on the coverage of the activities of the Court, the organization of video, photo, filming of the court sessions, the propaganda of the ideas of justice;

employees of the prosecutor's office, police, bodies, institutions of the FSIN of Russia, divisions of bailiffs, advocate, other institutions, organizations and citizens on issues included in its competence.

Section 12. Indicators of the effectiveness and effectiveness of professional official activities of the Court Chairman (judges)

preparation of documents in accordance with the established requirements;

4. Professionalism:

With official regulations familiarized

_________________/________________/

signature initials, surname

"______" ________ _______.

Typical Official Regulations
assistant Chairman of the Court (judge) of the district court and garrison military court
(apply. Judicial Department at the Supreme Court of the Russian Federation of December 6, 2010 No. 272)

Section 1. General

1.1. Typical Regulation Regulations of the Assistant Chairman of the Court (judge) of the district court and a garrison military court (hereinafter - a typical official regulation) was developed in accordance with federal laws of May 27, 2003 No. 58-FZ "On the System of the State Service of the Russian Federation", from July 27 2004 No. 79-FZ "On the State Civil Service of the Russian Federation" (hereinafter - the Federal Law on State Civil Service), of January 8, 1998 No. 7-FZ "On the Judicial Department at the Supreme Court of the Russian Federation", by Decree of the President of the Russian Federation of December 31, 2005 No. 1574 "On the Register of Positions of the Federal State Civil Service", Decree of the President of the Russian Federation of September 27, 2005 No. 1131 "On Qualification Requirements for the State Civil Service (Public Service of Other Species) or experience specialty for federal state civil servants "; Decree of the President of the Russian Federation of November 19, 2007 No. 1554 "On the procedure for assigning and preserving the class of justice to persons who replace the state positions of the Russian Federation and the position of the Federal State Civil Service, and the establishment of a federal state civil servant of monthly salaries for a cool rank in accordance with the assigned They are classified users of justice. "

1.2. The position of Assistant Chairman of the Court (judges) in the Offices of the district court and the garrison military court refers to the leading group of positions of the Federal State Civil Service of the Russian Federation "Assistants (advisers)".

1.3. According to paragraph 2 of Part 2 of Article 9 of the Federal Law on the State Civil Service of the Position of the Federal State Civil Service "Assistant Chairman of the Court" and "Assistant Judge" are established to ensure the execution of powers of persons replacing the federal state positions "Chairman of the Federal Court" and "Judge of the Federal Court" .

1.4. Positions "Assistant Chairman of the Court (judge)" of the district court and the garrison military court correspond to the class of justice "Advisor of Justice 2 Advisor" ("Advisor of Justice Grade 3").

1.5. The appointment of a person to the position of "Assistant Chairman of the Court (judge)" of the district court and a garrison martial trial, as well as exemption from office is carried out by order of the Chairman of the Federal Court of General Jurisdiction.

1.6. Assistant Chairman of the Court is subject to the Chairman of the Court.

1.7. The assistant judge obeys directly the judge, whose assistant he is, as well as the Chairman of the Court, Deputy Chairman of the Court.

1.8. Assistant Chairman of the Court (judge) of the district court and a garrison military court (hereinafter - the Assistant Chairman of the Court (judges) is guided in its activities by the Constitution of the Russian Federation, international legal and acts, federal constitutional laws and federal laws, other regulatory legal acts of the Russian Federation, decrees Council of Judges of the Russian Federation, orders and orders of the Chairman of the Supreme Court of the Russian Federation, Chairman of the Supreme Court of the Republic, the regional and equal court, Chairman of the District Court, the Garrison Military Court with regulatory legal acts and guidelines of the Judicial Department at the Supreme Court of the Russian Federation, this Typical Property Regulations .

1.9. Professional official activity of the Assistant Chairman of the Court (judge) is carried out in accordance with the official regulations approved by the Chairman of the Court.

1.10. Issues of interchangeability of assistants Chairman of the Court (judges) are governed by the orders of the chairman of the relevant court. For the period of temporary absence of an assistant to the Chairman of the Court, he replaces his assistant judge, for the period of absence of an assistant judge his duties assigned to another assistant judge of this court.

1.11. In accordance with the requirements of paragraph 4 of Article 25 of the Federal Law on the State Civil Service with the Assistant Chairman of the Court (judges), an urgent service contract is concluded.

Section 2. Qualification Requirements

2.1. Persons claiming to replace the posts of the Federal State Civil Service "Assistant Chairman of the Court" and "Assistant Judge" must have a higher legal education and comply with the qualification requirements established by federal laws and regulatory legal acts on the Federal State Civil Service of the Russian Federation.

2.2. Assistant Chairman of the Court (judges) should have an experience of civil service for at least two years or at least four years of experience in legal specialty.

2.3. Assistant Chairman of the Court (judges) should know:

Constitution of the Russian Federation;

Federal Constitutional Laws (including the Federal Constitutional Law of December 31, 1996 No. 1-FKZ "On Judicial System of the Russian Federation", federal laws (including the Law of the Russian Federation of June 26, 1992 No. 3132-I "On the status of judges in Of the Russian Federation, "Federal Law of January 8, 1998 No. 7-FZ" On the Judicial Department at the Supreme Court of the Russian Federation "), Civil Procedure Code of the Russian Federation, Criminal Procedure Code of the Russian Federation, Codex of the Russian Federation on Administrative Offenses and other laws aimed at the implementation of justice, decrees (definitions) of the Constitutional Court of the Russian Federation, decrees of the President of the Russian Federation, Decree of the Government of the Russian Federation, Resolution of the Supreme Court of the Russian Federation, Resolutions of the Council of Judges of the Russian Federation, Acts of the Judicial Department at the Supreme Court of the Russian Federation and other regulatory legal acts , regulated The activities of federal courts of general jurisdiction and the features of the passage of civil service;

procedure for working with official information;

fundamentals of judicial proceedings and judicial statistics;

general principles of official behavior of federal state civil servants;

norms and rules for labor protection, safety and fire safety;

rules for the behavior of employees of the court apparatus,

the rules of the internal labor regulation;

the procedure for posting information on the activities of the Court and texts of judicial acts on the Court's website;

local acts of the court;

this Regulation;

other regulatory legal documentsRegulating the activities of the Court.

2.4. Assistant Chairman of the Court (judges) should be able to:

efficiently and consistently organize work in the directions of its activities;

generalize and analyze the incoming information;

work with legislative and regulatory legal acts, to apply them in practice;

develop a plan of concrete actions;

promptly accept and implement decisions;

adapt K. new situation and apply new approaches to solving emerging problems;

interact with employees of the structural divisions of the Court to address issues included in its competence;

properly distribute working time;

possess the techniques of interpersonal relationship;

own skills to work with the subsystems of the State Automated System of the Russian Federation "Justice" in the areas of activity;

enjoy computer and other office equipment, necessary software.

Section 3. Responsibilities

3.1. The priority activities of the Assistant Chairman of the Court (judges) are organizational and legal, information, documentation and other support of the Chairman of the Court (judge), as well as ensuring its procedural activities.

3.2. Assistant Chairman of the Court (judges) must comply with the obligations provided for in Articles 15 and 18 of the Federal Law on State Civil Service as well as:

assist the Chairman of the Court (judge) in the preparation and organization of the trial without the right to fulfill the functions for the implementation of justice;

to assist the court chairman (judge) in the preparation of responses for appeals and requests coming against the Chairman of the Court (judges), including in connection with the work in its work;

prepare information on issues included in his duties;

carry out information and legal and codification support for the Chairman of the Court (judge);

prepare materials for generalizations, reports, speeches by the Chairman of the Court (judges);

comply with the uniform requirements of working with documents, including using technical means;

to fulfill other orders of the Chairman of the Court (judge) associated with professional activities.

Section 4. Powers of Assistant Chairman of the Court

4.1. The assistant chairman of the court exercises his authority under the guidance, on behalf of the Chairman of the Court or in coordination with him.

4.2. In the field of organizational and legal support of the activities of the Chairman of the Court Assistant Chairman of the Court:

assists the chairman of the court in the preparation of conclusions on the disposal issues of applying current legislation;

makes it necessary for consideration by the Chairman of the Court of Proposal to improve the organization of the work of the court, including according to the official load of judges;

prepares projects of documents for the appropriation to the judges of the next qualifying class (if this authority is not entrusted to other employees of the court apparatus);

executes the orders of the Chairman of the Court in the organization of service checks;

assists the chairman of the court in the preparation of responses for appeals and requests coming against the Chairman of the Court, including to ensure information on the activities of the Court;

participates in the preparation of draft work plans and in monitoring the execution of planned activities;

coordinates the work of assistants to judges to fulfill the instructions of the Chairman of the Court;

prepares materials for generalizations, reports, speeches by the Chairman of the Court.

4.3. In the field of information support of the Court's Chairman Assistant Chairman of the Court:

conducts monitoring current legislation;

carries out codification support for the Chairman of the Court;

prepares information about cases in the work of the court, including those in cases of minors;

prepares information on the results of the work of the court at the outcome of the reporting period;

prepares other information on issues included in the official duties of the assistant chairman of the court;

informs the chairman of the court about control documentson execution of workers of the court apparatus;

conducts an analysis of the reasons for violation of the procedural consideration of cases of cases in court;

participates in the study and analysis of canceled (changed) by a higher court of judicial acts;

informs the Chairman of the Court to comply with the judges of this court procedural sessions of consideration.

4.4. In the field of documenting support for the Chairman of the Court Assistant Chairman of the Court:

leads the protocols of official and operational meetings when they are conducted by the Chairman of the Court (if this function is not entrusted to another employee of the court apparatus);

makes proposals for the preparation of projects of orders (orders) of the Chairman of the Court;

participates in the preparation of draft generalizations and analytical information in the areas of the court's activities.

4.5. In the field of ensuring the procedural activities of the Chairman of the Court Assistant Chairman of the Court:

assists the Chairman of the Court in the preparation and organization of the trial without the right to fulfill the function to implement justice;

selects the regulatory legal acts necessary for consideration;

participates in the preparation of draft judicial acts on cases in the production of the Chairman of the Court, including those issued on the results of consideration by the Chairman of the Court of Statements on Accelerating Consideration of Civil and Criminal Affairs;

performs other functions that contribute to the implementation by the Chairman of the Court of its procedural authority.

4.6. The Assistant Chairman of the Court carries out the following powers to interact with the media and (in the absence of an authorized employee of the court office, which is responsible for interaction with the media (hereinafter - the media):

participates on behalf of the Chairman of the Court in the organization of meetings with the court managers for journalists and other media representatives;

participates in the preparation of materials on the results of the court's activities to inform the population through the media;

analyzes the analysis of materials published in the media on the activities of the courts, if necessary, is preparing answers or refuting unreliable information;

participates in the preparation for placing materials in the media, objectively reflecting the activities of the court.

4.7. Performs other orders aimed at implementing the court chairman of the judge and the procedural authority established for the Chairman of the Court by federal constitutional laws and federal laws.

Section 5. Powers of the Assistant Judge of the District and Garrison Military Court

5.1. Assistant Judge of the district and garrison military court (hereinafter - the assistant judge) fulfills the authority under guidance, on behalf of or as agreed with the judge.

5.2. In the field of organizational and legal support of the activities of the judge Assistant Judge:

assists in the preparation of conclusions on controversial issues of applicable legislation;

participates in the consideration of the appeals of citizens of the Russian Federation, which entered the production of the judge and in oral (written) form reports the judge about the essence of the draft response;

participates in conducting inspections on the appeals of citizens and employees of the court apparatus;

assists in monitoring the activities of the secretary of the court session, including the timeliness of the manufacture of the trial protocol, the deadlines for completing the completed cases, the terms of appeal to the execution of judicial acts subject to immediate execution, execution of private definitions (decrees);

performs other orders of judges associated with the consideration of the case (material).

5.3. In the field of information support of the judge Assistant Judge:

carries out the codification support of the judge;

monitors current legislation;

searches for information required by the judge to implement its powers;

prepares information about the affairs of the judge;

prepares other information on issues included in the duties of the assistant judge;

conducts an analysis of the reasons for the violation of the procedural consideration of cases of the judge;

performs other orders of judges associated with the information support of its activities.

5.4. In the field of documentation support of the judge Assistant Judge:

draws up draft generalizations, analytical information in the areas of court activities, reviews;

products projects of procedural and other documents related to the implementation of the professional activity of the judge.

5.5. In the field of ensuring the procedural activity, the judge carries out the assistant judge:

assists the judge in the preparation and organization of the trial without the right to fulfill the functions of the implementation of justice;

assists the judge in the preparation of projects of procedural documents and draft judicial acts on cases in the work of the judge;

participates in the study of applications (claims) judge submitted for consideration within civilian proceedings, cases (materials), complaints in criminal proceedings, cases of administrative offenses and complaints on them;

makes suggestions judge about the actions provided for procedural legislation and instructions for judicial proceedings, at the stage of preparation of the case (material) for legal proceedings;

prepares in oral (written) form preliminary conclusion According to the application ( lawsuit) within the framework of civil proceedings, but the case (material), a complaint under criminal proceedings, the case of administrative offenses, a complaint over it in the work of the judge;

makes on behalf of the judge to the relevant subsystems of the State Automated System of the Russian Federation "Justice" on judicial affairs (materials), the appeals of citizens in the work of the judge;

picks federal laws, other regulatory legal acts, materials of judicial practice necessary for consideration;

constitutes projects of procedural documents;

performs other functions associated with ensuring the procedural activities of the judge.

5.6. The assistant judge carries out other orders related to the assistance of the judge in the implementation of its powers, including:

assists responsible employees of the court apparatus in the selection of texts of judicial acts to be published, as well as texts of other judicial acts to be placed on the Internet;

depresentsmonifies judicial actsif such a responsibility is not entrusted to another employee of the court apparatus;

participates in checking the accuracy of the texts of judicial acts on the Internet site, followed by informing the judge;

participates in the implementation of processing entering court electronic documents in the manner and timing established by regulatory legal acts and managing documents;

performs other instructions of the judge aimed at ensuring the access of citizens to information on the activities of the court.

5.7. Performs other orders aimed at implementing the judge of both professional and procedural powers established for the judge by federal constitutional laws and federal laws.

5.8. The assistant judge of the Garrison Military Court fulfills the powers listed in this Typical Official Regulation, as well as when considering the judge of materials on the commission of military personnel, citizens passing military fees, coarse disciplinary misconducts:

the materials received by the judges and checks the circumstances defined in Article 12 of the Federal Law of December 1, 2006 No. 199-FZ "On proceedings on materials on coarse disciplinary misconduct when applied to a serviceman of a disciplinary arrest and on the performance of disciplinary arrest";

according to the results of the study of the material prepares a conclusion in the oral (written) form and reports the judge;

assists in the manufacture of the results of the results consideration materials on rude disciplinary offense;

provides preparations for the direction in the district (Fleet) Military Court of Complaints (submissions) with all materials about gross disciplinary misconduct;

performs other orders of the judge of the garrison military court associated with the preparation and consideration of materials on rude disciplinary misdemeanor.

Section 6. Rights

Assistant Chairman of the Court (judges) has the rights provided for in Article 14 of the Federal Law on State Civil Service, as well as the following rights:

get acquainted with documents defining its job responsibilities, rights and responsibilities, criteria for assessing the quality of work and the conditions for promoting the service;

get acquainted with the decisions of the Chairman of the Court (judges) associated with the implementation of the assistant duties;

to conduct correspondence with institutions and organizations on issues included in his duties (on behalf of the Chairman of the Court (judges);

receive information and materials necessary for the execution of official duties, as well as to make proposals for improving activities within their competence;

participate in the preparation of draft judicial acts within the credentials provided;

access in the prescribed manner to the information constituting state secretif the performance of official duties is associated with the use of such information;

subject to the chairman of the court proposals for improving work related to the obligations provided for by this official regulatory regulations.

Section 7. Responsibility

Assistant Chairman of the Court (judges) carries personal responsibilityestablished by the legislation of the Russian Federation, for:

non-performance or improper performance of their official duties, action or inaction leading to violation of the rights and legitimate interests of citizens;

disclosure of information that became known to him in connection with the execution of official duties;

non-compliance with restrictions, prohibitions related to the passage of civil service;

non-compliance with the established procedure for working with confidential information;

untimely fulfillment of tasks, orders, orders and instructions of the President of the Court (judge);

providing the chairman of the court (judge) inaccurate, inaccurate, insufficient or biased information;

In accordance with Article 15 of the Federal Law on the State Civil Service Assistant Chairman of the Court (judges) carries a disciplinary, administrative, civil or criminal liability In the case of the fulfillment of an unlawful order.

Section 8. Procedure of Service Interaction

8.1. Assistant Chairman of the Court (judges) is building a service cooperation in connection with the execution of its official duties with judges and employees of the court office, officials of other state bodies, citizens in accordance with federal laws and other regulatory legal acts regulating the conditions and procedure for passing the Federal State Civil Service , service contract and official regulations.

8.2. Assistant Chairman of the Court (judges) interacts:

with the chairmen of other courts (judges) within their competence;

with the court administrator, heads of structural divisions of the Court, as well as with employees of the court office on issues included in its competence;

employees of the prosecutor's office, police, bodies and institutions of the FSIN of Russia, divisions of bailiffs, other institutions, organizations, advocacy and citizens on issues included in his competence.

Section 9. Indicators of the effectiveness and effectiveness of professional official activities of the Assistant Chairman of the Court (judges)

The results of the professional official activity of the Assistant Chairman of the Court (judges) can be assessed according to the following criteria.

1. Organization of own labor:

productivity (scope of executed documents (orders); effectiveness (measure of achieving goals); compliance with labor discipline.

2. Compliance with the timing of the execution of documents (orders).

3. Quality of document execution (orders):

preparation of documents in accordance with the established and requirements;

full and logical statement of material; legally competent document preparation; Lack of stylistic and grammatical errors.

4. Professionalism:

professional competence (knowledge of current legislation, width of the horizons, the ability to work with documents);

ability to perform official functions independently;

the ability to clearly organize and schedule the execution of assigned tasks, the ability to rationally use working hours, expand priorities;

awareness of responsibility for the consequences of their actions and decisions made;

the ability to maintain high performance in extreme conditions.

With the regulations acquainted (a)

__________________/____________/

signature initials, surname

"______" _______ _____ g.

Order of the Judicial Department at the Supreme Court of the Russian Federation of December 6, 2010 N 272 "On approval of the Model Regulations of the Assistant Chairman of the Court (judge) of the Supreme Court of the Republic, regional and regional courts, the court of the city of federal importance, the vessels of the Autonomous Region and the Autonomous District, District ( Fleet) Military Court, district court and garrison military court "

Overview of the document

Approved new typical job regulations of the assistant chairman of the court (judge) of the Federal Court of General Jurisdiction. They are designed in accordance with the Law on State Civil Service.

The regulation determines the qualification requirements for assistants, their job responsibilities and powers. The criteria for assessing the professional work of the assistant are given.

A mentioned position refers to the leading group of category "Assistants (advisers)." In court of the subject of the Federation and the District (Fleet) military court, it corresponds to the cool ranks of the 1st Class Advisor ("Advisor of Justice 2 of Class"), in the district and garrison military courts - "Advisor of Justice 2 of Class" ("Advisor of Justice Grade 3" ).

The applicant for this position must have a higher legal education, a civil service experience of at least 2 years or experience in legal specialties at least 4 years.

The obligations of the assistant include organizational and legal, information, documentational and other support of the Chairman of the Court (judge).

Based on new standard regulations, specific job regulations of the assistant chairman of the court (judge) of the relevant federal court of general jurisdiction are developed.