/ Who and how are the judges of the Constitutional Court appointed to the position?

Who are appointed as judges and judges of the Constitutional Court of the Russian Federation?


To the high office of the judge of the Constitutional Courtappointed citizens of the Russian Federation who have a long track record in the field of jurisprudence and an unblemished reputation. In addition, the candidate must possess the necessary personal qualities and meet a variety of requirements.

Constitutional Court on Constitutional Court Article 9

More on the Constitutional Court

The Constitutional Court is a judicial body of the RussianFederation exercising constitutional control. By constitutional proceedings, the above-mentioned body has all the rights and powers for the independent and independent exercise of the judiciary.

Full list of powers and featuresactivities, as well as the procedure for the formation of this judicial body are determined by the Constitution of Russia, as well as by the Federal Constitutional Law. In the composition of the Constitutional Court there are 19 people. Their appointment takes place by voting of representatives of the upper chamber of the Federal Assembly, the Federation Council (Federation Council) after consideration of the nominated candidate by the president.

Term of office

judge of the Constitutional Court of the Russian Federation is appointed to the post

Strictly regulated time limitsthe judge does not have authority. However, there is a limit age. After the 70-year-old citizen attains this position, his powers are terminated in connection with the existing legislation, but he continues to fulfill his official duties before the final agreement on the case, the hearing of which is mandatory with his direct participation.

The termination of acting powers occurs at the end of the month in which the judge reaches the age limit.

There are exceptions.The citizen will continue to fulfill the prescribed duties if, after his retirement, the number of people holding the office of the judges of the COP is less than two thirds of the total number of people in the judiciary and will continue to serve until a new candidate is appointed to the position.

Previously, the threshold age of judges was 65 years.

Status features

Each judge of the Russian Federation has a certain legalstatus, which gives him a list of rights, responsibilities and duties established by the current legislation. In addition, in the notion of the status of a judge of the Constitutional Court of the Russian Federation, guarantees for the independence of citizens holding this post are fulfilled in the performance of their obligations to administer justice.

All citizens holding a high position of judge are endowed with a single status. The main differences between them are entrusted powers and competences.

Documents determining the status of a judge

judges of the Constitutional Court of the Russian Federation are appointed

After judges of the Constitutional Court of the Russian Federation are appointed to a high post, they become holders of a status, the bases of which are documented in a number of documents:

  • in articles 119-122 of the Constitution;
  • in the second chapter of the FKZ;
  • in the provision of the Law of Russia on judicial legal status;
  • in the Code of Honor of Judges of the Russian Federation.

The last mentioned document establishesthe rules of conduct of a citizen holding the position of a judge, not only during the performance of professional duties, but also during non-official activities. In addition, the Code sets out standards of conduct for members of the judiciary and for citizens who are on a well-deserved vacation (retired), but who retain the title and membership in the community of judges.

"The Code of Honor of Judges" is not a source of law. This document is a set of rules of corporate judicial ethics.

Credentials

who are appointed judges of the Constitutional Court of the Russian Federation

Having taken up the post of judge, the citizen actually becomes the secretary of the Constitutional Court of Russia. You can start fulfilling your professional duties from the moment you take the oath.

After the judges of the Constitutional Court of the Russian Federation are appointed to the position, they are obliged to start fulfilling the following duties:

  • direct management of the work of the Constitutional Court;
  • ensuring the preparation and conduct of meetings of the said judicial body;
  • bringing to the attention of certain organizations and individuals the decisions taken at the court sessions;
  • informing the COP on the implementation of decisions taken;
  • organization of information support for all members of the judicial community of this judicial body, etc.

In addition, by holding a secret ballot in the plenary session of the Constitutional Court of Russia, a chairman is elected, as well as a deputy chairman.

Guarantees of independence

procedure for appointing judges of the Constitutional Court of the Russian Federation

After the judges of the Constitutional Court of the Russian Federationthey are appointed to the post, they are guaranteed independence, which are ensured by their irremovability, as well as personal inviolability and equality of rights of all members of the judicial community. The judge is provided with the right to resign. He is provided with material and social security, as well as security guarantees that correspond to his high status.

In addition, guarantees of independence are provided by the prohibition of any kind of interference in judicial activities.

The relevant criteria also includeguarantees of material independence, which are associated with the granting of annual leave to a citizen occupying such a high position, the regular payment of wages, housing and necessary housing, household services, life and health insurance of the judge himself and his immediate family, and compulsory property insurance.

Requirements for a candidate

procedure for appointing a judge of the Constitutional Court of the Russian Federation

Judges of the Constitutional Court of the Russian Federationappointed by the results of careful selection and consideration of the candidature, which is nominated by the president. This position can be occupied by a Russian citizen who strictly meets certain requirements. The age of the candidate must not be less than 40 years. In addition, a citizen must have a higher legal education and work experience (specialty), the duration of which should be at least 15 years. The candidate must have a recognized qualification in the legal field.

High requirements for the candidate are due tothe prestige of the position held and the responsibility that is vested in the citizen. The judge's reputation should be ideal throughout the entire period of work. In addition, the family position of the person considered as a candidate for a vacant position, the reputation of family members plays an important role.

They play the role of regalia of the applicant, ranks, academic degrees, achievements in the professional sphere. Most of the current judges have a degree or are doctors of science.

The gender identity of the candidate does not matter.

Who are appointed judges of the Constitutional Court of the Russian Federation

All information on the appointment of judgesThe Constitutional Court of the RF is detailed in the FKZ on the Constitutional Court. Article 9 contains information not only on the procedure for empowerment, but also on who exactly the candidate is elected.

Proposals for candidates fora high position can be brought to the head of state by members of the Council of Federation, deputies of the State Duma. In addition, proposals can be made by the legislative bodies of the subjects of Russia, the highest judicial bodies and legal departments of federal significance, legal communities of all-Russia scale, scientific and educational institutions of the yuridic orientation.

Since the introduction of the President,The candidate must be no more than 14 calendar days before the appointment. The question of appointment during this time is considered by the Federation Council.

The procedure for appointing a judge of the Constitutional Court of the Russian Federation

Judges of the Constitutional Court of the Russian Federation are appointed toposition strictly on an individual basis. For this, a secret ballot of the members of the Federation Council is conducted. Of all the candidates, a citizen who has received most of the votes is appointed.

If after the retirement of one of the participants, the totalthe number of judges will be less than two thirds, the president submits the idea of ​​consideration and subsequent appointment of another candidate for a vacant position. And this is done in time not later than one calendar month from the day of the appearance of free space.

Termination of authority

Early resignation of a citizen holding sucha high position, in addition to reaching the age limit, can be associated with the state of health, as well as with the loss of the opportunity to fulfill office obligations for a long time for a good reason.

In addition, the grounds for termination of authority earlier than this period may be:

judges of the Constitutional Court of the Russian Federation are appointed to the post

  • a personal application of a citizen for resignation;
  • loss by an official of citizenship of the Russian Federation for various reasons;
  • the conviction of a citizen who held the office of constitutional judge ;;
  • defamed reputation and honor as a result of committing a misdemeanor;
  • conducting activities or committing acts that are not compatible with professional activities;
  • non-participation in meetings of judicial communities for a disrespectful reason;
  • evasion from taking part in voting without having a worthy cause more than twice in a row;
  • documented loss of legal capacity of a citizen holding this position;
  • the recognition of an official missing;
  • documented in court, the announcement of the judge to the deceased;
  • death of a citizen.

In addition, termination of powers will follow if it turns out that the procedure for appointing a citizen to the position of judge of the Constitutional Court was violated.

Termination of duties is carried outexclusively after the relevant decision of the Constitutional Court, sent to the head of state and the Federation Council. This decision is the official announcement of the appearance of a vacant post.

The full termination of powers is made by the Council of Federation under the decision presented to the Constitutional Court, which was adopted by the majority of votes.

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