The minimum age of a judge in the Russian Federation is: Requirements for judges

The Law on the Status of Judges in the Russian Federation (Article 3) establishes the general requirements for a judge:

A judge is obliged to strictly comply with the Constitution Russian Federation and other laws.

The judge in the execution of his duties official duties, and also in off-duty relationships must avoid anything that could diminish authority judiciary, the dignity of the judge or raise doubts about his objectivity, fairness and impartiality.

A judge has no right to be a people's deputy or belong to political parties and movements, carry out entrepreneurial activity, as well as combine work as a judge with other paid work, except for scientific, teaching, literary and other creative activity. A retired judge also has the right to work in the field of justice.

The listed requirements stem from Article 119 of the Constitution of the Russian Federation, which established four main requirements for candidates for the position of judges - citizenship of the Russian Federation, age limit of at least 25 years, presence of a Higher Legal Education and work experience in legal specialty at least 5 years.

The requirements directly stated in the Constitution cannot be ignored. Only compliance with the mandatory four conditions makes it possible to further consider candidates. The Constitution allows the Federal Law, in addition to the primary conditions, to introduce Additional requirements to the judges.

Constitutional requirement to achieve 25 summer age relates to justices of the peace and federal judges nominated for the position of judge of a district (city) court. Further, the age requirements increase. A judge of a higher court can be a person who has reached 30 years of age. Judge Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation may be a person who has reached 35 years of age and has work experience in legal profession at least ten years. A judge of the Constitutional Court of the Russian Federation can be a person who has reached 40 years of age and has at least 15 years of experience in the legal profession and has a highly qualified in the field of law.

By establishing the 25-year age limit as the minimum for candidates applying for the position of judge, the legislator took into account possible cases for university graduates to have a higher education diploma by this age legal education and five years of experience legal work to graduate from university in order to immediately become a candidate for judges after graduation. In practice, candidates for judges are over 25 years of age.

Higher legal education - mandatory requirement for all judges. In combination with age, this connection makes it possible for candidates for judges to fulfill the third condition: to receive practical experience. Five years of experience is the minimum for admission to the position of a judge and it is mainly required when confirming the position of a magistrate or district court judge.

The first constitutional requirement to Russian judges - they can be citizens of the Russian Federation.

The requirements specified in Article 3 of the Law on the Status of Judges are among the additional ones established by Federal Law in connection with their constitutional admission.

They oblige the judge in his activities, along with compliance with the Constitution of the Russian Federation and other laws in force on the territory of the Russian Federation, to comply with generally accepted norms of morality and rules of behavior, to promote confidence in society in the justice, impartiality and independence of the court.

The judge must give priority to the duties of administering justice over his other activities.

A judge must conduct himself in such a way as to avoid and avoid situations that could undermine the authority of the judiciary. He must sacrifice his personal interests and the interests of other persons, but not allow damage to the prestige of the judicial profession.

For example, the chairman of the Ensky district court, Gritsenko, falsified a certificate about his wages in order to receive subsidies from local authority. His powers were terminated on the grounds of committing an act that disgraced the honor and dignity of a judge (clause 9, clause 1, article 14 of the Law on the Status of Judges in the Russian Federation).

Another example, Judge regional court Samsonova, having resigned from her position, went to Ukraine, received there Ukrainian citizenship. A year later, she again filed an application to the regional court. Knowing Samsonova as a good professional and having received Required documents, she was reintroduced to the position of judge of the regional court. After her appointment, it turned out that she began working as a judge in Russia, being a Ukrainian citizen. Her powers were terminated due to the loss of citizenship of the Russian Federation (clause 6, clause 1, article 9).

A judge must always maintain self-control, personal dignity, take care of his honor, avoid anything that could cause damage to his reputation, or call into question his objectivity and independence in the administration of justice.

An example of a lack of concern for honor and dignity is the appearance of a judge in public place V drunk, playing in a casino, maintaining informal relationships with those with fame " crime boss" Advertising personal connections with senior officials of representative and executive structures may call into question the independence of a judge.

All of the above examples show how a judge can disgrace himself as a bearer of judicial power in the eyes of others.

The duties of a judge and people's deputy, since here the powers of two different branches of government – ​​judicial and representative – are combined in one person. If a citizen, being a deputy, is elected as a judge, then he must resign from his duties as a deputy. If a judge is elected as a deputy, he cannot exercise powers determined by status judges. As a person wishing to remain a judge, he will submit an application to resign from his duties as a deputy to the government body in which he is a deputy. If the status of a deputy is retained, the judge submits an application for resignation from the position of a judge to the relevant qualification board of judges, which will make a decision under paragraph 1 of Article 14 of the Law on the Status of Judges on the termination of his judicial powers.

In practice, there was a case when the chairman of one of district courts the city of Moscow was elected as a State Duma deputy and, since the State Duma of the first convocation needed qualified lawyers, preference was given to the status of a deputy.

The current Constitution of the Russian Federation clearly defines the impossibility of one person being both a deputy and a judge, or working in executive structure part-time and be a judge: “State power in the Russian Federation is exercised on the basis of division into legislative, executive and judicial. The legislative, executive and judicial authorities are independent” (Article 10).

The law prohibits a judge from belonging to political parties and movements. This position of the law stems from the fact that any political activity prevents a judge from being objective and impartial, since being a member of parties or belonging to movements, he will have to be guided not only by the Constitution of the Russian Federation and laws, but also by the charter of the party or the guidelines of the movement to which he belongs. This refers to parties or movements pursuing political goals and acting to achieve solutions to political objectives. It must be assumed that in social movement“Greenpeace”, fighting for the preservation of nature and its purity, a judge can take part without compromising his authority when, say, he speaks out for taking measures to preserve a rare species of bird - pink flamingo or black swan. A judge may be a member of the society of numismatists or philatelists - this broadens his horizons and does not infringe on his powers.

It is no coincidence that the law also limited the ability to combine the work of a judge with entrepreneurial activity and other types of paid work, because these restrictions will prevent the emergence difficult situations, at which cash settlements can be used, played out, like bribery.

A retired judge has the right to engage in scientific, teaching and other creative activities, as well as work in the field of justice.

In the field of justice, in addition to judicial positions, there are others where retired judges can be useful: consultants, assistants to the chairman of the court, heads of personnel departments, heads of codification rooms, etc. A judge who is retired and working at the same time is paid a salary at the place of work and is retained by him lifelong maintenance.

Currently, the list of works for a retired judge has been expanded and he can work in government agencies, excluding the police and prosecutor's office, as well as public organizations non-commercial type.

A judge is considered to be in retirement as long as he complies with the requirements for a judge, retains citizenship of the Russian Federation and does not allow actions that discredit him and thereby diminish the authority of the judiciary.

All rules of conduct for judges, provided for by the Constitution of the Russian Federation, the Law “On the Status of Judges in the Russian Federation”, other federal laws, including procedural ones, can be classified as normative. TO non-normative should include the Code of Honor of a Judge of the Russian Federation, generally accepted norms of morality and rules of conduct, as well as the rules of a particular court or a particular judicial community.

Code of Honor of a Judge of the Russian Federation it was basically adopted by the II All-Russian Congress of Judges on June 30, 1993 and finalized by the Council of Judges of the Russian Federation.

The code of honor for judges in Russia appeared for the first time, since the Russian judiciary realized that the general requirements written in the Law on the Status of Judges in the Russian Federation are not enough to assess the behavior of a judge as an act that disgraces the honor and dignity of a judge, and they are often difficult to interpret.

The code of honor for judges has been adopted by all bodies of the judicial community of Russia and therefore, despite the fact that it has not yet been given normative character it plays the role of a regulator of the behavior of judges and is used by qualification boards of judges and the Supreme Court of the Russian Federation when assessing the professional and extra-curricular activities of judges.

It is sometimes said that the Code of Honor is not a law and cannot serve as a measure of a judge’s behavior. Yes, he is not the law, if by law we mean normative act, accepted state power, concentrated expression state will. The Code of Honor of a Judge of the Russian Federation is a concentrated expression of the will of the judicial community of Russia, a set of rules adopted by the judicial community. And this is why it is more valuable than a normative act.

Perhaps giving the Code the form of a law would help to raise the level of requirements for persons aspiring to become judges, preventing the phenomena of arrogance, corruption and abuse in the field of justice. IN modern conditions attracting close attention of legislators to the status of a judge may lead not to gain, but to loss for the judiciary, because There are still many personnel problems in the judiciary. Although it is hoped that the law establishing the rules of conduct for judges will be considered by legislators with more zeal and more quickly than any other law, since they understand that the speedy completion of the formation of the judiciary contributes to the stabilization of society.

The Code of Honor of a Judge, in its current form, clearly indicates the high standard that a judge must meet, is a fundamental guideline in choosing the behavior of a judge and, with a conscious attitude towards it, adequately fills the gaps that exist in the Law on the Status of Judges in the Russian Federation. At the same time, the Code of Honor for Judges requires commentary on its main provisions, which will help judges more successfully shape their behavior in accordance with the Code. Alekseeva L.B., Andreev V.I. and etc. Desk book judges. Introduction to the profession. M. 2000. s.s. 80-81.

Judge's appearance It has great importance. In Rus' there has long been a proverb: “one is greeted by one’s clothes, one is seen off by one’s mind.” It has a direct and immediate relationship with the judge. For him appearance: how he is dressed, what he is wearing, where he could have gotten a suit or dress - they are always watching not only in the hall court session, but also neighbors and residents of the microdistrict where the judge lives. It is especially important for a judge to have a decent appearance at work or in court. Currently, judges are required to sit in judicial robes, but this is not always observed. Moreover, due to climatic conditions or for health reasons (the robe is a very closed robe), the judge deliberately remains on duty without a robe, especially on a day when there are no court hearings. A judge dressed at home in a half-over, a colorful stretched sweater, reclining in the judge's chair with the bored look of a man forced to listen to various "chatter", unshaven, or a lady dressed in a dress with a very "revealing" neckline, looking at a just done manicure and jewelry on the hand, at the judge's table they do not cause respect. A judge who is unkemptly combed, sloppily dressed, or seemingly “untided” will not contribute to mutual understanding and the successful advancement of the court hearing. If she can’t give herself any sense, the participants in the process or those present in the hall will think, how will she deal with our case?

The law certainly requires: “When administering justice, judges wear a robe...” This is unusual, sometimes difficult due to circumstances, but the law must be followed. Judge's robe- a symbol of justice. She disciplines everyone present in the room, including the judge himself, and commands respect. Since it personifies the judiciary, it enhances the official atmosphere during the court hearing, removes free remarks and inappropriate jokes.

No matter how the judge feels, no matter what mood he comes to work in, if he is at work, conducting a meeting, his state should not be reflected either in his intonation, or in the form of his address to the participants in the process, or in the thoroughness of the study of certain issues. The judge must choose an even, calm tone and be balanced - this outwardly looks like a manifestation of impartiality, composure, objectivity, and readiness to work professionally.

Judicial discipline and responsibility of the bearer of judicial power are provided for by law.

The rules of conduct and responsibility of judges are enshrined in the law on the status of judges and in the Code of Honor of Judges. The rules of conduct are considered together with the requirements for judges, since they relate to the same thing legal status- responsibility of judges.

For committing an official or other misconduct, a judge is liable in accordance with current legislation. Penalties in the form of severe reprimand, remarks. The most common type legal liability judges, namely disciplinary liability, is the termination of the powers of the judge.

According to the High Qualification Board of Judges of the Russian Federation, this disciplinary action widely used in the practice of regional qualification boards of judges. In the last 3 years alone, from 1996 to 1998, 277 judges were removed from office on this basis, including 107 in 1998. Of the judges whose powers were terminated last year, 37% committed falsifications. court documents and/or manufactured them outside the limits deliberation room, 30% - systematically and grossly violated the deadlines for considering court cases, which resulted in red tape and violations of citizens' rights, 19% - committed absenteeism, including showing up at work in a state of intoxication. Alekseeva L.B., Andreev V.I. etc. Judge's Handbook. Introduction to the profession. M. 2000. s.s. 86.

Article 4 of the Code of Honor provides the grounds and procedure for holding judges accountable for violating the requirements of this code and gives the concept of an offense that disgraces the honor and dignity of a judge. An offense that disgraces the honor and dignity of a judge is such an action or inaction of a judge, which, while not criminal, is incompatible by its nature with high rank judges.

Termination of powers is the same strict measure as dismissal from work on the initiative of the administration labor legislation. This basis is provided for in clause 9, clause 1, article 14 of the Law on the status of judges in the Russian Federation.

It makes sense to give the specific grounds for termination of the powers of a judge, listed in Article 14 of the Law on the Status of Judges, in full without comment due to its absolute expressiveness.

Article 14. Termination of powers of a judge

(edited) Federal Law from 06/21/95 No. 91-FZ)

The powers of a judge are terminated on the following grounds:

written resignation letter from the judge;

due to inability due to health or other reasons good reasons serve as a judge for a long period of time. Qualification Board judges may terminate the powers of a judge on these grounds, however, she does not have the right to make such a decision if the judge has returned to perform his duties;

a written statement from the judge regarding the termination of his powers in connection with a transfer to another job or for other reasons;

expiration of the judge's term of office, if it was limited to a certain period;

dismissal of a military court judge from military service upon reaching age limit being in military service;

termination of citizenship of the Russian Federation;

engaging in activities incompatible with the position of a judge;

entry into legal force conviction court against a judge or court decision about application to him coercive measures medical nature;

committing an act that disgraces the honor and dignity of a judge or belittles the authority of the judiciary;

entry into force of a court decision to limit the legal capacity of a judge or to recognize him as incompetent;

death of a judge or entry into force of a court decision declaring him dead;

refusal of a judge to be transferred to another court due to the abolition or reorganization of the court;

The powers of a judge are terminated by a decision of the relevant qualification board of judges, which can be appealed by the judge to the High Qualification Board of Judges within 10 days from the date of receipt of a copy of the decision. The decision of the High Qualification Board of Judges can be appealed to the Supreme Court of the Russian Federation within the same period.

In case of cancellation of the decision of the qualification board of judges on the termination of the powers of a judge or the cancellation of a court conviction against him or a court decision specified in subparagraph 8 of paragraph 1 of this article, the judge is subject to reinstatement in his previous position with payment of the salary due to him.

Concluding the topic of the judge - the bearer of judicial power, it is necessary to focus on the oath taken by the judge. Only persons elected for the first time to the positions of judges of general, military and arbitration courts take the oath once. Judges of the Constitutional Court of the Russian Federation also take an oath, swearing to honestly and conscientiously perform the duties of a Judge Constitutional Court of the Russian Federation, while submitting only to the Constitution of the Russian Federation, nothing and no one else.

The legislation does not bind any legal consequences. The oath imposes on the judge a moral obligation to honestly and conscientiously fulfill the duty of the bearer of judicial power, to be impartial and fair.

Judge's oath is set out in paragraph 1 of Article 8 of the Law “On the Status of Judges in the Russian Federation”:

“I solemnly swear to honestly and conscientiously fulfill my duties, to administer justice, obeying only the law, to be impartial and fair, as my duty as a judge and my conscience command me.”

Within the meaning of the Law on the Status of Judges, the oath can be taken at any meeting of judges of the relevant court, held in a solemn atmosphere.

The latest edition of Article 119 of the Constitution of the Russian Federation reads:

Judges can be citizens of the Russian Federation who have reached 25 years of age, have a higher legal education and have worked in the legal profession for at least five years. Federal law may establish additional requirements for judges of courts of the Russian Federation.

Commentary to Art. 119 KRF

Large and varied different requirements requirements for persons applying for the position of judge are due to the high role assigned to the judge as a bearer of judicial power, acting on behalf of the state, empowered for the administration of justice and called upon to defend the rule of law and fairness in resolving any disputes. This is important to note, because the Constitution has the right to go to court, enshrined in Art. 46, considers it as universal, unlimited.

IN this article are given only minimum requirements requirements for judges of all courts judicial system Russia. These requirements relate to citizenship, age, education, and length of service in the profession. At the same time, it is indicated that federal law may impose additional requirements on judges. Such requirements for judges of general courts and arbitration courts are contained in the Law of the Russian Federation of June 26, 1992 “On the status of judges in the Russian Federation” (Vedomosti RF. 1992. N 30. Art. 1792; as amended and supplemented).

First general requirement for all judges - whether they have citizenship of the Russian Federation. It is absolutely clear that foreign citizen or a stateless person cannot be a judge in Russia. This is a constitutional requirement and is not subject to exception. A foreigner cannot be required to swear allegiance to the Constitution and Russia. However, the question arises: does a citizen of the Russian Federation who also has another citizenship have the right to be a judge? It seems that for the reason stated above, the answer to this question should be negative.

The age limit for judges is at least 25 years, higher than that of deputies State Duma who is at least 21 years of age. In addition, a person who has reached the age of 25 can hold the position of judge only of the first link of the judicial system. In accordance with the additional requirements established by the mentioned legislation, a judge of a higher court can be a citizen of the Russian Federation who has reached 30 years of age, a judge of the Supreme Court and the Supreme Arbitration Court - 35 years old, and a judge of the Constitutional Court - 40 years old. The high age limit makes it possible to form the judiciary with people who have extensive life experience, which is extremely important when a difficult situation arises.

In accordance with the commented article, only a person with a higher legal education can be a judge. The previously existing constitutions of the USSR and union republics, as well as the legislation on judicial proceedings, did not know such a requirement, and persons who graduated from law schools, and sometimes even had no legal education at all, were often elected and worked as judges. It is clear that the presence of many legislative and other regulations dispersed in various industries rights, the need for their deep knowledge and correct application in light of the requirements of the Constitution, federal laws, constitutions (statutes) of the constituent entities of the Federation, international legal acts, they require comprehensive training in the field of law, which can only be obtained at a higher educational institution.

The constitutional requirement that a judge have at least 5 years of experience in the legal profession applies to all first-level judges. Experience includes work in the prosecutor's office, as a lawyer, legal consultant, etc. The concept of “legal profession” also includes scientific and teaching activity in the field of law.

In higher courts, at least 10 years of experience in the legal profession is required. To hold the position of judge of the Constitutional Court, you must have at least 15 years of experience in the legal profession. For judges of the Constitutional Court, there is also a requirement to have a recognized high qualification in the field of law. This requirement was taken into account when appointing judges to office. Almost all of them have academic degree doctor or candidate legal sciences, many are honored lawyers of the Russian Federation, honored scientists, and are known as specialists in relevant branches of law.

For court judges general jurisdiction and arbitration courts there is an additional requirement - to pass a qualification exam and receive a recommendation from the qualification board of judges. Federal Law of December 15, 2001 N 169-FZ The Law of the Russian Federation “On the Status of Judges in the Russian Federation” is supplemented by Article 4.1 on the medical examination of an applicant for the position of a judge. This article establishes that in order to confirm that an applicant for the position of a judge does not have diseases that would prevent him from being appointed to the position of a judge, a preliminary examination is carried out. medical examination. The list of diseases that prevent appointment to the position of a judge is approved by a decision of the Council of Judges of the Russian Federation based on a proposal from a federal body executive power in the field of health. The form of the document indicating the absence of diseases that prevent appointment to the position of judge is approved federal body executive power in the field of health care.

The selection of candidates for the position of judge is carried out on a competitive basis.

In addition to the above-mentioned requirements, all judges are subject to high moral and ethical requirements and the inadmissibility of committing acts that discredit a judge. With regard to candidates for the position of judge of the Constitutional Court, it is stated that they must have an impeccable reputation.

The personal qualities of a judge are extremely important for making a legal, informed and fair decision. Such qualities as honesty, objectivity, impartiality, incorruptibility, the ability to patiently listen to each participant in the process, prudence, contribute not only to the implementation of justice, as required by the Constitution and the law, but also play an educational, preventive role, demonstrating the fairness of the court and justice.

The Law on the Status of Judges establishes that a judge is obliged to strictly comply with the Constitution and laws, when exercising his powers, as well as in off-duty relationships, he must avoid anything that could diminish the authority of the judiciary, the dignity of the judge or raise doubts about his objectivity, fairness and impartiality " (v. 3).

A judge has no right to be a deputy, belong to political parties and movements, carry out entrepreneurial activities, or combine work as a judge with other paid work, except for scientific, teaching, literary and other creative activities.

Additional requirements are provided for judges of the Constitutional Court and the list of activities and actions incompatible with their position has been expanded. This list contains a requirement directly related to their powers. A judge of the Constitutional Court has no right, speaking in the press or other means mass media and before any audience, publicly express your opinion on an issue that may become the subject of consideration in the Constitutional Court, as well as which is being studied or accepted for consideration by the Constitutional Court, before making a decision on this issue (Article 11 of the Federal Law on the Constitutional Court).

Installing high requirements to judges, the Constitution and the legislation based on it provide them with guarantees of independence, irremovability, inviolability, etc. (see comments to Articles 118-120).

• Up

Federal Law 3132-1 specifies that the judicial branch is represented by judges. In some situations, certain functions and powers may be delegated to representatives of the people. The most important aspect is constitutional division judicial, executive and legislative branches authorities. In this law, the corresponding requirement is already in the first article.

The Law “On the Status of Judges in the Russian Federation” was adopted on June 26, 1992. It defines the independence of the position and the lack of accountability. The judiciary is subject only to the Constitution of the country and its legislation. Its instructions and decisions are binding.

Federal Law 3132-1 is not structurally divided into chapters. It consists of 27 articles and 7 appendices. Articles of the law regulate the following aspects:

• basic concepts and principles of the judiciary, determination of the status of a judge and his unity;
• requirements for the position and its candidates;
• medical examination and candidate selection procedure;
• the procedure for vesting powers, a similar procedure is regulated by the status of the chairman of the court and his deputy;
• oath and performance of duties;
• regulation of the provision of information about income and property;
• guarantees of the independence of a judge and the inadmissibility of interference in his activities, immunity;
• term of office by status and irremovability official, disciplinary liability;
• suspension and termination of powers, resignation;
• material support and social protection measures for both the official and his family members;
• certification and additional professional education.

Along with the key articles, the regulatory aspects are also appendices to the Law on the Judicial System and on the Status of Judges in the Russian Federation. Applications regulate the following issues:

• the procedure for providing information about the candidate’s income and his property owned by right of ownership, as well as information about property obligations;
• similar information about the candidate’s spouse and minor children;
• provision similar information judges, their spouses and children;
• the procedure for providing information about income and property to all-Russian media;
• regulation of official salaries.

Appendices 1-4, regulating the provision of information on income and property, no longer in force on January 1, 2015. Instead, the form on which the relevant information is compiled is approved by the President of the Russian Federation.

Current Appendix 5 Federal Law 3132-1 on the status of judges regulates only the procedure for providing information to the media. Annexes 6 and 7 prescribe percentage official salaries between different categories.

The Law on the Status of Judges 3132-1 is constantly being updated in accordance with updates legal framework. Last changes the document was amended in December 2016. There is a law on magistrates, which you can familiarize yourself with

Rights of judges

Law on legal status judges gives them the following powers:

• right to independence And independence in decision making;
• opportunity demand execution decrees and court orders;
• right to receiving documents and their copies necessary for the administration of justice;
• right to immunity, including partial after relinquishing powers;
• right to material support and social protection family members;
• possibility of receiving additional vocational education and advanced training.

Download 3132-1 Federal Law

Download Federal Law 3132-1 “On the status of judges in the Russian Federation” Can . The text is presented in latest edition, With current changes for 2017. The document will be equally useful for persons entering into judicial position, and for lawyers studying legal basis judicial branch of government.

Changes in the Law on the Status of Judges

Latest amendments were introduced into the Law on the Status of Judges of the Russian Federation December 28, 2016. According to the changes it was adjusted subclause 5.1 of clause 3 of article 3 of Federal Law 3132-1 regulating the requirements for the position. According to the amendments, the words “ financial instruments; ” were replaced by a detailed definition with clarification about foreign sources of income and a link to the relevant law.

Some articles were amended at an earlier period. Article 14 Federal Law 3132-1“On the status of judges in the Russian Federation” regulates the termination of powers. The latest changes were made in 2013 and affected the following points:

• introduced subclause 6.1 about a violation by an official, his spouse or minor child prohibition on opening an account or storing valuables in a foreign banking institution;
• added subparagraph 13 about committing disciplinary offense, for which a penalty is imposed in the form of early deprivation status and powers;
• The edition has been adjusted according to the innovations paragraph 2.

Article 15 of Federal Law 3132-1 on the status of judges regulates the resignation of a judicial officer. The latest amendments were made in July 2013 and changed the wording of clauses 6, 7 and 8 on the cancellation of resignation, the corresponding decision and termination on the basis of re-election.

Article 16 of the Law on the Status of Judges regulates their integrity. Changes to the article were last made in March 2014. The words “ Supreme Arbitration Court of the Russian Federation,", wording " federal arbitration" has been replaced by " arbitration».

A citizen of the Russian Federation who has reached of a certain age. This limitation valid for all potential judges. The fact is that in Russia there is whole line rules and restrictions that must be observed in mandatory. Otherwise, a person simply will not have the opportunity to become a judge. What restrictions and rules apply to candidates? What should judges do in this or that case? Is it possible to somehow get this position bypassing everyone? established rules selection?

Different courts - different requirements

Who can be the judge? Russia, like all other countries, needs these workers. Only certain requests are made to them, failure to comply with which excludes the candidate from the list of potential judicial employees.

Before starting this career, you should pay attention to the fact that a person will have a choice where exactly to find a job. In Russia in different courts there are different requirements. What does it mean?

The higher the court in the hierarchy, the more requirements and restrictions. Including age. This factor must be taken into account. After a citizen decides where he wants to get a job, he should find out about the procedure for appointing judges.

Education

Huge role in this issue education plays a role. Requirements for candidates for the position of judge, regardless of leadership judicial authority, necessarily include the presence of potential employee higher education. But this is far from the only nuance.

The main problem is that education must be legal. Candidates who have completed higher education are considered. Bachelors in Lately are not accepted for this position.

Availability of several higher education welcome. But among them there must necessarily be, as has already become clear, legal. Any branch of law is suitable.

Relations with the law

Special attention is paid to the history of relationships with the law. If there criminal penalty or an open criminal record, because even a criminal sometimes thinks about this position, then the judge can be a citizen who has not committed his actions (that is, a criminal). He must not have any criminal record. Their presence is possible only when criminal cases have been closed for

Social status

Social status also plays a role. A judge can be a citizen of the Russian Federation who has reached a certain age and work experience. But various factors are taken into account. We are talking about the presence of dependencies of any type. Only 100% has the right to nominate oneself as a potential court employee. Therefore, it will be taken into account whether the citizen has certificates from a mental health clinic, as well as from a narcologist stating that he has not been registered.

In all this, the potential candidate is also checked. They shouldn't have dependencies either. In practice, this factor plays important role, although it is not documented in any way. That is, if a potential judge has among his immediate relatives people who suffer from alcohol or drug addiction, or also have mental problems, then it will be very problematic to build his chosen career.

Work experience

Another point is work experience. The requirements for candidates for the position of judge are quite strict. The selection takes place only among those who meet the requests put forward. Among them, work experience also plays a serious role.

It is important to note that for different ships exist various restrictions in this matter. Moreover, you need to work specifically in a specialty related to jurisprudence. For example, a lawyer. Other work experience will not be taken into account.

How long does it take to work in a particular case? To nominate a candidate for the Arbitration Court - 5 years, for the Federal Arbitration Court - 7 years, for the Supreme Arbitration Court - 10 years. These are the minimum indicators. Therefore, it is allowed to have more experience. One of the restrictions is the age of the citizen. What features will have to be taken into account in this area?

Age and career of a judge

A judge can be a citizen of the Russian Federation who has reached a certain age and has a certain work experience. This has already been said. Everything is clear with work, but what about age?

If we're talking about about the arbitration court, then a judge can be up to 25 years old. This minimum age. From there (if you have the necessary experience and education) you can begin to build your chosen career.

The higher the authority, the more serious requirements. Those who are at least 30 years old have the right to work in the Federal Arbitration Courts, as well as in the arbitration courts. At the same time, do not forget about work experience. If it does not meet the requirements, you will have to wait a little.

But when it comes to the Supreme Arbitration Court of the Russian Federation, the judge can be a citizen of the Russian Federation who has reached at least 35 years of age. No exceptions are made. It is important to comply with all other requirements that were mentioned earlier.

Exams

What else should candidates consider? Regardless of the chosen court, it is mandatory to pass the so-called test. Without it, no one has the right to nominate themselves for the role of judge.

Selection is carried out through a competition. First of all, compliance with all previously listed requests is taken into account. However, it is important to remember that a judge can be a citizen who has passed an exam on knowledge of the legislation of the Russian Federation. This test is carried out during the competition, at the very beginning. Before submitting documents for consideration of a candidacy, a person applies to the Qualification Board of Judges with an application to pass the exam. After successful completion of this test, all that remains is to monitor the results of the competition.

About the appointment procedure

What other features should be taken into account? For example, the order of appointment itself. It is conducted by a special panel of judges. Who can become a judge? The College is responsible for selecting candidates, as well as conducting examinations and selecting the winner. The whole process is divided into several stages.

The first is posting on the official website supreme board information about vacancies. This information can also be found through some newspapers. Next comes the acceptance of applications from potential candidates.

A judge can be a citizen who has passed a knowledge exam current legislation countries. In this case, as already mentioned, age, work experience in legal field, no criminal record. Candidates whose close relatives (spouses, parents, brothers, sisters, children or grandparents) are suspected of committing a criminal offense should not be considered.

After receiving applications, the board carefully examines all received documentation. At the end, this association must accept final decision. Among all candidates, you can select either one person or several. IN the latter case a repeat competition will be held.

The judge can be a citizen of the Russian Federation who has reached at least 25 years of age. You don't have to start your career with the usual arbitration court. If a person matches everything previously the listed requirements, then he can apply for nomination to the higher authorities.

One thing to consider is the effect of passing the qualifying exam. Before taking office as a judge, such a document is valid for 3 years; if a person is accepted, then the results are valid until the moment of removal.

conclusions

Now it is clear who can become a judge. By the way, people are recruited for this position at a relatively long period. Judges serve for 6 years. But they can resign their powers early.

So, a judge can be one who has qualification decision a citizen of the Russian Federation who has reached 25 years of age, with experience in legal field at least 5 years. This is where you can start building a career. The main thing is to have a higher legal education and have a good knowledge of the country's legislation.

The panel of judges assumed responsibilities regarding the admission and selection of candidates. A judge can be a citizen of the Russian Federation who has reached a certain age and also has a certain length of experience. Specific Requirements are established in accordance with the position in the hierarchy of the judicial system of the potential place of work.

Many applicants try to enter prestigious universities, choosing the same faculties, for example, law. Most of graduates plan to occupy prestigious positions, which will allow them to have a high social status And financial situation. For this reason, after finishing educational institution they try to work in court, prosecutors, the bar, notary office, someone becomes a police officer.

Who can become a judge

A judge is the meaning of life, not a job or profession. Find out whether any of your relatives have been subject to administrative or criminal penalties, because a judge, the standard of honesty, must be crystal clear. Before appointing a judge, they conduct full check, even parents and relatives of the spouse.

A judge, the administrator of justice, must have perfect knowledge.

• Independent of government.
• Subject to the Constitution or others legislative acts.
• Maintains the reputation and authority of the judge. Tactful, polite, reserved and treats participants with respect trial.
• Maintains qualifications.
• Unresponsive to pressure or influence unauthorized persons, shows perseverance and courage.
• Does not disclose information obtained during the investigation of the case.
• Doesn't take up government positions except for the position of judge.
• Does not express sympathy for political parties, is not a member of them.
• Shows no prejudice based on race, gender, nationality or religious sign.
• Does not accept gifts or other remuneration related to work activity.
• Does not engage in individual entrepreneurship.
• Can engage in scientific, teaching, and creative activities.

The qualification board selects someone who has successfully graduated from a state university. If you follow the law, any citizen of the Russian Federation over 25 years of age with at least 5 years of legal experience can become a judge. To do this, you should contact the qualification board of judges in your region of residence and write a statement about your desire to take qualification exams.

In addition to the application to the commission, following documents:

• Passport of a citizen of the Russian Federation.

Documents are accepted and checked by the HR department Judicial Department. After consideration, the documents are transferred to the examination commission, which is located at the qualification board.

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Examination committee

Examination committee takes the exam within a month from the date of application. The commission consists of 12 people, asks questions, if one of them is answered incorrectly, the exam is failed. During the exam you are allowed to use regulatory documents. The most difficult questions– practical. You will need full concentration, you need to take into account every little detail.

After successful completion qualifying exam, the applicant receives a certificate of passing. The exam results are valid for 3 years. After passing the exam, the applicant can apply to the panel of judges to be recommended for an existing position. vacant position. The application indicates what kind of judge you want to work as, magistrate or federal.

The responsibilities of a justice of the peace include civil disputes: divorce, property disputes, division of property, labor disputes. Some criminal cases where a punishment of no more than 3 years of imprisonment is applied. All cases outside the jurisdiction of the magistrate judge are heard by a federal judge.

In addition to the application, a number of documents are submitted:

• Passport of a citizen of the Russian Federation.
• A questionnaire containing information about the applicant.
• Diploma of legal education.
• Employment history or other document confirming legal experience.
• A health certificate confirming the absence of a number of diseases that prevent work.
• A document confirming passing the qualifying exam.
• Characteristics from the place of work. If the work was not in a legal specialty, another 5 years of experience must be indicated. legal practice. Characteristics are issued to the applicant for the position within a week.
• Information about income and property. Information about the income of spouses and information about minor children is also provided, in accordance with the Law of the Russian Federation “On the Status of Judges in the Russian Federation” dated June 26, 1992 No. 3132 as amended by the Law of the Russian Federation dated December 25, 2008 No. 274-F3.

Afterwards, a panel of judges checks the accuracy of the documents and facts provided. The Qualification Board reserves the right to contact law enforcement or other authorities to verify the authenticity of documents. Applicants are checked through the FSB, the Ministry of Internal Affairs, prosecutor's check and verification customs service.

If the authorities reveal unreliable information or facts, the commission has the right to refuse the applicant for the position. If no violations are found, the commission recommends an applicant for the vacant position. The decision of the board can be appealed through the court if it is violated statutory procedure for selecting applicants.

Status of judges

Contender for title district judge must be at least 25 years old, from the age of 30 you can apply for a mid-level position - regional. Applicants for the position of judge of the Supreme or Higher Arbitration Court must not be under 35 years of age and have at least 10 years of judicial practice. For the position of judge of the Constitutional Court - from 40 years of age, arbitrage practice- at least 15 years. You can remain in office until you are 70 years old.

Why are there age restrictions? In order for a person to accumulate life experience.

Immunity guaranteed constitutional laws. Applies to family members. A judge who has worked for 20 years receives a lifelong allowance from the state. Applicants for the position should not be a member of a drug treatment or psychoneurological dispensary.

A judge must be guided in practice by the principles of genuine honesty and exceptional fairness. Make verdicts strictly following legislative acts, relying on legal knowledge, fairly and based on rich life experience. Upon taking office, the candidate takes an oath to fulfill his duties, guided only by the law, to impartially and fairly administer justice, as his conscience and duty dictate.

The need for such requirements is associated with the specifics and special professional activity, which is carried out only in accordance with the Code of Honor of a Judge of the Russian Federation.

Building a career as a judge is possible, but not easy. Good luck!