The Constitution of the Russian Federation

Chapter 7. Judical Authority

Article 118

1. Justice in the Russian Federation shall be admin­istered only by court.

2. Judicial authority shall be exercised by means of constitutional, civil, administrative and criminal pro­ceedings.

3. The judicial system in the Russian Federation shall be established by the Constitution of the Russian Federation and federal constitutional law. The creation of extraordinary courts shall not be permitted.

Article 119

Judges shall be citizens of the Russian Federation over 25 years of age with a higher education in law who have served in the legal profession for not less than five years. Federal law may establish additional requirements for judges of the courts of the Russian Federation.

Article 120

1. Judges shall be independent and shall be subor­dinate only to the Constitution and federal law.

2. Should a court establish when considering a case that a legal act of a State or other body conflicts with law, it shall take a decision in accordance with the law.

Article 121

1. Judges shall be irremovable.

2. The powers of a judge may be terminated or suspended only on the grounds and in accordance with the procedure established by federal law.

Article 122

1. Judges shall be inviolable.

2. A judge cannot face criminal liability otherwise than in accordance with the procedure established by federal law.

Article 123

1. The examination of cases in all courts shall be open. Cases may be heard in closed sessions in those instances where this is permitted by federal law.

2. The examination of criminal cases by default in courts shall not be permitted except in instances where this is permitted by federal law.

3. Judicial proceedings shall be conducted on the basis of controversy and the equality of the parties con­cerned.

4. In cases provided for by federal law, judicial pro­ceedings shall be conducted with the participation of a jury.

Article 124

Courts shall be financed only from the federal budget and should ensure the possibility of a the com­plete and independent administration of justice ac­cording to the requirements of federal law.

Article 125

1. The Constitutional Court of the Russian Federa­tion shall consist of 19 judges.

2. The Constitutional Court of the Russian Federa-tion, at the request of the President of the Russian Federation, the Federation Council, the State Duma, one fifth of the members of the Federation Council or of the deputies of the State Duma, the Government of the Russian Federation, the Supreme Court of the Rus­sian Federation and the Supreme Arbitration Court of the Russian Federation, and legislative and executive government bodies of constituent entities of the Rus­sian Federation, shall decide on cases on conformity to the Constitution of the Russian Federation of:

a) federal laws, normative acts of the President of the Russian Federation, the Federation Council, the State Duma, and the Government of the Russian Fed­eration;

6) constitutions of republics, charters, and laws and other normative acts of constituent entities of the Rus­sian Federation adopted on issues under the jurisdic­tion of State government bodies of the Russian Fed­eration or under the joint jurisdiction of State government bodies of the Russian Federation and State government bodies of constituent entities of the Rus­sian Federation;

РІ) treaties between State government bodies of the Russian Federation and State government bodies of constituent entities of the Russian Federation, treaties between State government bodies of constituent enti­ties of the Russian Federation;

Рі) international treaties of the Russian Federation which are not in force.

3. The Constitutional Court of the Russian Federa­tion shall resolve disputes on authority:

a) between federal State government bodies;

6) between State government bodies of the Russian Federation and State government bodies of constituent entities of the Russian Federation;

РІ) between higher State government bodies of con­stituent entities of the Russian Federation.

4. The Constitutional Court of the Russian Federa­tion, on receiving complaints about violations of the constitutional rights and freedoms of citizens and at the request of courts, shall check, in accordance with the procedure established by federal law, the constitu­tionality of a law which is used or is to be used in a particular case.

5. The Constitutional Court of the Russian Federa­tion, upon request of the President of the Russian Fed­eration, the Federation Council, the State Duma, the Government of the Russian Federation, and legislative authorities of constituent entities of the Russian Fed­eration, shall provide interpretation of the Constitu­tion of the Russian Federation.

6. Acts or certain provisions thereof which are rec­ognized as unconstitutional shall lose force; interna­tional treaties of the Russian Federation which do not correspond to the Constitution of the Russian Federa­tion shall not be implemented or used.

7. The Constitutional Court of the Russian Federa­tion, upon request of the Federation Council, shall issue a resolution on the observation of the established

procedure for bringing charges of treason or of other grave crimes against the President of the Russian Fed­eration.

Article 126

The Supreme Court of the Russian Federation shall be the highest judicial body for civil, criminal, admin­istrative and other cases under the jurisdiction of com­mon courts; it shall exercise judicial supervision over their activities in the procedural forms envisaged by federal law and shall provide interpretation on issues of court proceedings.

Article 127

The Supreme Arbitration Court of the Russian Fed­eration shall be the highest judicial body for settling economic disputes and other cases examined by courts of arbitration; it shall exercise judical supervision over their activities in the procedural forms envisaged by federal law and shall provide interpretation on issues of court proceedings.

Article 128

1. Judges of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federa­tion and the Supreme Arbitration Court of the Russian Federation shall be appointed by the Federation Coun­cil upon 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 the procedure established by federal law.

3. The powers and the procedure for the formation and activities of the Constitutional Court of the Rus­sian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Rus­sian Federation and other federal courts shall be es­tablished by federal constitutional law.

Article 129

1. The office of the Prosecutor General of the Rus­sian Federation shall be a single centralised structure in which public prosecutors are subordinated to higher public prosecutors and to the Prosecutor General of the Russian Federation.

2. The Prosecutor General of the Russian Federa­tion shall be appointed and dismissed by the Federation Council upon a proposal of the President of the Rus­sian Federation.

3. Public prosecutors of constituent entities of the Russian Federation shall be appointed by the Prosecu­tor General of the Russian Federation by agreement with the constituent entities.

4. Other public prosecutors shall be appointed by the Prosecutor General of the Russian Federation.

5. The powers, organisation and procedure for the activities of the office of the Prosecutor General of the Russian Federation shall be determined by federal law.