SECTION ONE Chapter 7. Judiciary

LAST UPDATE: 03/15/94

CONSTITUTION OF THE RUSSIAN FEDERATION AS APPROVED BY RF PRESIDENT BORIS YELTSIN AND SUBMITTED TO NATIONAL REFERENDUM IN DECEMBER 1993

Article 118 1. Justice in the Russian Federation shall be administered only by
law courts.
2. Judiciary power shall be exercised to constitutional, civil, administrative
and criminal process.
3. The judiciary system of the Russian Federation shall be established by the C
onstitution of the Russian Federation and the federal constitutional law. The c
reation of extraordinary courts shall be forbidden.

Article 119 Citizens of the Russian Federation aged 25 and older, holding a law
 degree and having worked in the law profession for at least five
                                               Russian Constitution (p64 of 77)
years may become judges. The federal law may establish additional
requirements for judges in the courts of the Russian Federation.

 Article 120 1. Judges shall be independent and shall obey only the Constitutio
n of the Russian Federation and the federal law.
2. A court of law, having established the illegality of an act of government or
 any other body, shall pass a ruling in accordance with law.

Article 121 1. Judges may not be replaced.
2. A judge may not have his powers terminated or suspended except under procedu
res and on grounds established by federal law.

 Article 122 1. Judges shall possess immunity.
2. Criminal proceedings may not be brought against a judge except as provided f
or by federal law.

 Article 123 1. All trials in all law courts shall be open. The hearing of
a case can be in camera in cases provided by the federal law.
2. Hearing of criminal cases in law courts in absentia shall not be allowed
except the cases provided for by the federal law.
3. The trial shall be conducted on an adversarial and equal basis.
                                               Russian Constitution (p65 of 77)
4. In cases stipulated by federal law trials shall be held by jury.

 Article 124 Law courts shall be financed only out of the federal budget and fi
nancing shall ensure full and independent administration of justice in accordan
ce with federal law.

Article 125 1. The Constitutional Court of the Russian Federation
consists of 19 judges.  2. The Constitutional Court of the Russian Federation o
n request by the President of the Russian Federation, the State
Duma, one-fifth of the members of the Federation Council or deputies of the Sta
te Duma, the Government of the Russian Federation, the Supreme Court of the Rus
sian Federation and Supreme Arbitration Court of the Russian
Federation, bodies of legislative and executive power of subjects of the Russia
n Federation shall resolve cases about compliance with the Constitution of the
Russian Federation of: a) federal laws, normative acts of the President of the
Russian Federation

, the Federation Council, State Duma and the Government of the Russian Federati
on; b) republican constitutions, charters, as well as laws and other normative
acts of subjects of the Russian Federation published on issues pertaining to th
e
                                               Russian Constitution (p66 of 77)
jurisdiction of bodies of state power of the Russian Federation and joint
jurisdiction of bodies of state power of the Russian Federation and bodies of s
tate power of subjects of the Russian Federation; c) agreements between bodies
of state power of the Russian Federation and bodies of state power of subjects
of the Russian Fed

eration, agreements between bodies
of state power of subjects of the Russian Federation; d) international
agreements of the Russian Federation that have not entered into force.
3. The Constitutional Court of the Russian Federation shall resolve
disputes over jurisdiction: a) between the federal state bodies; b) between
state bodies of the Russian Federation and state bodies of the subjects of the
Russian Federation; c) between supreme state bodies of subjects of the
Russian Federation.
4. The Constitutional Court of the Russian Federation, proceeding from complain
ts about violation of constitutional rights and freedoms of
citizens and requests from courts shall review the constitutionality of the law
 applied or due to be applied in a specific case in accordance
with procedures established by federal law.
5. The Constitutional Court of the Russian Federation on request by the Preside
nt of the Russian Federation, the Federation Council, State Duma, the Governmen
                                               Russian Constitution (p67 of 77)
t of the Russian Federation, legislative bodies of subjects of the Russian Fede
ration shall inter

pret the Constitution of the Russian Federation.
6. Acts and their provisions deemed unconstitutional
shall loose force thereof; international agreements of the Russian Federation m
ay not be enforced and applied if they violate the Constitution
of the Russian Federation.
7. The Constitutional Court of the Russian Federation on request of the Federat
ion Council shall rule on compliance with established procedures when charging
the President of the Russian Federation with state
treason or other grave crime.

Article 126 1. The Supreme Court of the Russian Federation shall be the highest
 judiciary body on civil, criminal, administrative and other
matters triable by general jurisdiction courts, and shall effect judiciary
supervision over their activity in line with federal procedural forms and shall
 offer explanations on judicial practice issues.

 Article 127 The Supreme Arbitration Court of the Russian Federation shall be t
he highest judiciary body resolving economic disputes and other cases considere
                                               Russian Constitution (p68 of 77)
d by arbitration courts, and shall carry out judicial supervision over their ac
tivity in line wit

h federal legal procedures and shall offer explanations on questions of judicia
ry practice.

Article 128 1. Judges of the Constitutional Court of the Russian Federation, of
 the Supreme Court of the Russian Federation, of the Supreme
Arbitration Court of the Russian Federation shall be appointed by the Federatio
n Council following nomination by the President of the Russian
Federation.
2. Judges of other federal courts shall be appointed by the
President of the Russian Federation in accordance with procedures established b
y federal law.
3. The powers, and procedure of the formation and activities of the
Constitutional Court of the Russian Federation, the Supreme Court of the Russia
n Federation and the Supreme Arbitration Court of the Russian Federation and ot
her federal courts shall be established by federal constitutional law.

Article 129 1. The Prosecutor's Office of the Russian Federation is a single ce
ntralized system in which lower prosecutors are subordinated to
                                               Russian Constitution (p69 of 77)
higher prosecutors and the Prosecutor-General of the Russian Federation.
2. The Prosecutor-General of the Russian Federation shall be appointed
to his post and relieved from the post by the Federation Council on nomination
by the President of the Russian Federation.
3. Prosecutors of subjects of the Russian Federation shall be appointed by the
Prosecutor-General of the Russian Federation after consultations with its subje
cts.
4. Other prosecutors shall be appointed by the Prosecutor- General of the Russi
an Federation.
5. The powers, organization and working procedure for the Prosecutor's Office o
f the Russian Federation shall be determined by federal law.