Other participants in the arbitration process assisting the court in exercising the powers vested in them
Such other participants in the process who help the court to exercise all the powers vested in it by law are understood to mean an assistant judge and a secretary court session. The secretary of the meeting is official, authorized to keep minutes during the consideration of the case.
When performing the functions assigned to him, he must correctly and completely set out in the document he draws up the actions that were performed during the proceedings, as well as all court decisions made as a result of the consideration of the case. It is worth noting that the secretary of the meeting is not an employee of the office. During the process, he also performs an identification function, because the protocol he draws up is a type of evidence. An assistant judge is a participant in legal proceedings who assists the judge in preparing the case materials for consideration, as well as directly during the hearing. The Arbitration Procedural Code of the Russian Federation specifically focuses on the fact that such a subject does not have the right to perform functions that are directly or indirectly aimed at the administration of justice.
Assistant Judge. Its legal status and functions assigned to it
The Arbitration Procedural Code of the Russian Federation, as well as all federal laws adopted on its basis, consider the assistant judge as a person who is directly involved in the process. Accordingly, these persons have a certain legal status and special functions. In accordance with the requirements of regulatory legal acts relating to the regulation of the judicial process, all specific duties aimed at maintaining minutes of the court session and performing certain actions can be carried out by the judge until the moment when an assistant judge is appointed.
In turn, the assistant judge must perform such functions immediately before the appointment of the secretary of the meeting.
There are a number of other functions that can be assigned to an assistant judge:
- on behalf of the judge, he can take part in preparing the case for the upcoming trial;
- the functions of the assistant judge include assisting the judge in organizing the process, planning it, planning the upcoming interview, preliminary hearing;
- informs the judge about the presence of certain evidence;
- notifies the judge of the presence of statements and petitions filed by persons taking part in the proceedings in the case under consideration;
- informs all persons taking part in the case, their legal representatives about the details of the arbitration court in which the case will be considered, about information resources, where you can get all the necessary information.
Separately, it is worth noting the fact that, in accordance with the norms contained in the Arbitration Procedural Code of the Russian Federation, an assistant judge does not have the right to perform the following functions:
- aimed at the implementation of justice;
- aimed at performing certain actions that entail a change in the rights and obligations of persons taking part in the consideration of the case and other participants in the proceedings.
Despite the fact that the assistant judge cannot, through his actions, have any influence on the outcome of the case, as well as on the material and legal relations between the parties, he may also be challenged. A challenge may be filed in cases where one of the participants in the arbitration process has evidence that the assistant judge is interested in the results of the consideration of the case. The assistant judge, as well as the judge himself and the session secretary, has the right to recuse himself.
Powers, rights and responsibilities of the court secretary
Despite the fact that the court secretary is not actually involved in resolving the case, he can affect objectivity, since he reflects the progress of the arbitration process in the minutes of the meeting. When drawing up the minutes of the meeting, the secretary, one way or another, sets out his vision of the process. It is for this reason that a disinterested person must act as a secretary - this is the main requirement for the secretary to participate in the process in question. When circumstances are identified before or during the trial that may indicate an interest of this participant process in the outcome of the case, he must be challenged. The secretary himself also has the right to recuse himself.
The powers, rights and obligations of the secretary of the court session are determined by the Arbitration Procedural Code of the Russian Federation.
According to this regulatory act, the secretary of the court session is obliged to perform the following functions:
- check the attendance of all persons taking part in the case in the courtroom, and then report this to the judge;
- state as fully and competently as possible in the minutes of the court session all actions and decisions made court, actions committed by each individual participant in the process;
- within the time limits established by law, prepare the minutes of the meeting and sign it together with the presiding judge.
If disagreements arise between the presiding judge and the secretary regarding the contents of the protocol, the latter has the right to attach his comments to the protocol compiled by him, which will subsequently be considered by the court. The Arbitration Procedural Code of the Russian Federation separately identifies a list of persons who cannot act as court secretaries. These include:
- persons who are directly or indirectly interested in the outcome of the case under consideration;
- persons who took part in its consideration, regardless of the capacity in which they took part. The only exceptions are cases when, in the previous consideration of a given case, this person took part in it as a secretary;
- persons whose relatives take part in the consideration of the case.
If one of the above circumstances is identified, the secretary of the meeting must recuse himself. If the secretary does not fulfill such a duty, any of the participants in the case under consideration may challenge him.
The final decision regarding the recusal of the secretary can only be made by the judge, based on his consideration of the submitted petition.
In some cases, participants in legal proceedings are required to receive a copy of the ruling made by the arbitration court based on the results of the trial. The preparation of such a copy is carried out by the secretary of the session or the assistant judge. It is worth noting that all these copies must be certified by the signatures of the judge, the secretary, and the document must also bear the seal of the arbitration court. If a copy of the definition consists of several sheets, the secretary must number them, lace them together and seal them.
The editors of the site "ConsultantPlus - for students and teachers" continue the series of interviews about legal professions and professionals. This time we found out from the boss legal department Moscow City Court Kargaltsev Anton Igorevich about the features of the profession of assistant judge, what requirements are imposed on applicants for this position, as well as what prospects this profession opens up for young specialists.
ConsultantPlus: Tell us about the beginning of your professional journey. Where did you study? How did you become an assistant referee? How long have you been working in this profession?
Kargaltsev Anton Igorevich: My professional path began at the court site in Moscow. After graduating from one of the non-state Moscow universities, I got a job as a court secretary for a magistrate in the Izmailovsky judicial district. However, the story of my development as an assistant judge was not entirely standard. Most often, court secretaries or court session secretaries working at magistrates' stations or in district courts, having received a higher legal education, apply for the position of assistant judge. And, of course, in most cases, after following certain procedures, they occupy this position at one or another judicial site or in a district court. In my case, the story turned out differently. I, having received higher education, worked for about six months as a court secretary, and I was invited for an interview at the Moscow City Court - then there was a shortage of personnel in the supervisory group for cases of administrative offenses and they were looking for suitable candidates in various district courts and magistrates' courts. At the interview with the deputy chairman of the court, I apparently made a positive impression, after which I went through all the procedures necessary for employment and since August 2011 I have been working at the Moscow City Court. I worked as an assistant judge for more than two years, and recently I was appointed to the position of head of the legal department of the Moscow City Court. Accordingly, I have been working in the courts for more than three years.
ConsultantPlus: Before becoming an assistant judge, did you pass the qualifying exam? Is this procedure mandatory and what is it?
Kargaltsev Anton Igorevich: By virtue of the law, a competition is held to fill non-urgent positions. For example, court secretary, court consultant. While a fixed-term service contract is concluded with assistant judges for the period the judge performs his duties, but for a period of no more than 5 years. Accordingly, I did not pass the qualifying exam when appointed to the position of assistant judge.
Meanwhile, assistant judges regularly take a qualifying exam to be awarded the next class rank. The first exam is taken 3 months after appointment to the position, the subsequent exam two years later from the date of the first exam. I had the opportunity to take such an exam three months after my appointment as an assistant, and I passed the exam successfully.
ConsultantPlus: How old length of service Is it required for an assistant judge to apply for a position as a judge? Do you want to work as a judge? What cases would you like to hear? Why?
Kargaltsev Anton Igorevich: Requirements for a candidate for the position of judge in Russian Federation, are provided for by the Law of the Russian Federation of June 26, 1992 No. 3132-1 “On the status of judges in the Russian Federation”. This law provides that the length of service in the field of jurisprudence required for appointment to the position of a judge includes time spent working, including in government positions requiring higher legal education, municipal positions, positions in positions that existed before the adoption of the Constitution of the Russian Federation government agencies USSR, union republics of the USSR, RSFSR and the Russian Federation, positions in legal services of organizations, positions in scientific organizations, or work experience as a teacher of legal disciplines in professional educational programs, as a lawyer or notary.
In other words, to be appointed to the position of a judge, work experience in a state or municipal position is required, the position of which requires a higher legal education. The same assistant judge or, say, head of a department in a court of general jurisdiction, having worked in this position for 5 years, can apply for a position as a judge.
Of course, I want to be a judge and I strive for this. The conscious desire to become a judge appeared, perhaps, at the moment when for the first time my parents seriously asked me the question of what I wanted to do with my life. I thought for a while, weighed the pros and cons and made my choice. As one of my supervisors-judges said, who treated all representatives with equal respect legal profession, “A judge is the elite of the legal world.”
I want to try civil cases. Although it turned out that for more than two years I was an assistant judge in cases of administrative offenses, and in a number of cases in my work I had to deal with the scope of application of the Criminal Code, civil legal relations were and are of greater interest to me. It has always been interesting for me to consider certain aspects of life and relationships between citizens through the prism civil law. For example, one day I was driving to work, noticed a currency exchange office and wondered what kind of agreement was concluded when exchanging currencies - an exchange agreement or a purchase and sale agreement. I didn’t immediately find a clear answer. Upon arriving at work, I puzzled my colleagues, who also did not immediately find a definite answer. We turned to sources, by the way, posted in the ConsultantPlus system, looked at the practice of considering civil cases, read various publications and found out: most legal scholars are inclined to believe that when exchanging currencies, a purchase and sale agreement is concluded. In any manifestation of life, in any seemingly insignificant event there is its legal reflection, sometimes quite unexpected.
ConsultantPlus: Tell us about the key skills of an assistant judge. What should he be able to know? What qualities should prevail?
Kargaltsev Anton Igorevich: As many judges say, a judge's success depends 90% on the work of his assistant. In this regard, perhaps the key skill for an assistant judge is the ability to correctly apply the rules of law and quickly find the rules governing these particular legal relations. After all, as they say, good lawyer- this is not the one who knows all the norms, but the one who knows where to find the corresponding norms. This is where a certain interest lies in the work of an assistant. Sometimes it seems that a dispute must be resolved in one order, but it turns out that the legislator determines a different way to resolve this dispute, sometimes unexpected.
An important skill for an assistant judge is the ability to monitor all changes in the field of law enforcement; for this, one should be aware of changes in legislation, the development of judicial practice, and in some cases, the practice of the Constitutional Court of the Russian Federation and the European Court of Human Rights.
If we talk not so much about the skills of an assistant judge, but, say, about the necessary traits, then it is worth highlighting, I repeat, efficiency in performing duties, literacy and accuracy of written and oral speech, as well as correctness and a sense of tact in communicating with court visitors.
Well, in addition, an assistant judge working in Moscow courts must be prepared for high workloads. If you look at the statistics on the consideration of cases in Moscow courts (it is published both on the website of the Office of the Judicial Department in Moscow and in the news on the website of the Moscow City Court), then it will become obvious to you that judges and, accordingly, assistant judges work in difficult conditions. You need to be prepared for this.
It is worth saying that the requirements for a state civil servant, and an assistant judge is one, are defined by the legislator in Federal Law No. 79-FZ of July 27, 2004 “On the State Civil Service”, and these requirements are very relevant.
ConsultantPlus: What is the essence of your profession - in other words, what do you do? What are the pros and cons of this job? Is it possible to develop within the profession of an assistant judge?
Kargaltsev Anton Igorevich: The essence of my profession is to help the judge, to do much of what the judge himself does. And to be precise, the fulfillment of my job responsibilities as an assistant judge of the supervisory authority was reduced to writing draft resolutions of the deputy chairman of the Moscow City Court for cases of administrative offenses and preparing draft letters in response to non-procedural appeals from citizens. In addition, I had the opportunity to prepare various generalizations of judicial practice, statistical generalizations, and in some cases, write draft explanations on the peculiarities of the practice of applying administrative law norms.
The work of an assistant district court judge is structured in a similar way. Assistants also prepare draft judicial acts, respond to non-procedural requests, and sometimes assist the judge during the reception of citizens.
There are many advantages to this job. In general, being an assistant judge is very interesting, because when an assistant judge prepares a draft resolution, he thinks in all three time spaces at once. In other words, an assistant in project preparation judicial act explores a certain legal dispute, he evaluates the past, namely a legal fact that has already occurred, evaluates it in the present tense based on the current and existing norms of law and the arguments that the citizen who applied to the court brought, and at the same time evaluates this whole situation in the future with that points of view, what legal consequences will occur when this decision is made both for the parties to the dispute and for judicial practice in general. All this is a complex and at the same time interesting thought process.
A big plus in this profession, undoubtedly, is that while working in court, employees become familiar with completely different people and all sorts of life situations, sometimes dramatic, and sometimes comical. Judges who have worked for many years in the judicial system like to repeat: “In court, your whole life is revealed before you.”
There are undoubtedly disadvantages in this profession, as in any other. In Moscow, perhaps, the main drawback is the large volume of cases under consideration. At times, a colossal burden falls on the shoulders of judges and, accordingly, their assistants. And another drawback is the negative emotions of court visitors and participants in the process. In a legal dispute there is always a losing party, unless, of course, we are talking about settlement agreements, and not in every case the loser in a dispute is calm and restrained about his legal defeat.
Or, for example, there are cases when you, as a person, sympathize with a citizen, you understand that a court decision will be difficult for him, but “dura lex sed lex,” that is, “the law is harsh, but it is the law.”
As for development within the judge's profession, it is undoubtedly impossible to stand still in this profession. The profession of a judge, by definition, is associated with active intellectual activity. It would seem, at first glance, that judges are the most ordinary people, whom you meet on the subway and you won’t think that a judge is riding next to you. But if you are careful and put a judge and a representative of another profession next to each other, I don’t want to offend anyone, then the difference is obvious. Judges have a different view of people and the world. He is clearer, more aware, more responsible. Judges are often people with extraordinary intelligence and extraordinary personal qualities.
As an assistant, you are constantly evolving. After all, it is simply necessary to monitor changes in the law, changes in judicial practice, it is necessary to monitor the socio-political situation in the state, to understand what processes are taking place in society. Well, in addition, you need to periodically be distracted, unload and develop spiritually. This may sound pathetic, but a true judge is a person with a certain level of spiritual development. This profession is inherently associated with constant intellectual, spiritual, and personal development.
ConsultantPlus: The so-called inner workings of a judge are very interesting. We are sure that you, as an assistant judge, have a good idea of what it means to be a judge and what responsibility it is. Tell us a little about this profession. I wonder how claims are distributed among judges, whether they have any preferences for categories of cases, whether this is taken into account during distribution, whether there are any criteria for judges based on the number of cases considered per day, month, year, etc. What cases do you think judges like least?
Kargaltsev Anton Igorevich: The profession of a judge, in my opinion, is one of the most responsible, like the professions of a doctor or teacher. Judges are also a kind of doctors or teachers: they heal and teach society. Chairman of the Constitutional Court Valery Dmitrievich Zorkin more than once noted special meaning courts in the life of society: “If the court perishes, the rule of law in general, normal civilized reality, perishes.”
It is a colossal responsibility to make decisions regarding people. Some judges, I know, do not sleep at night before making this or that decision. And having accepted it, they still doubt it for a long time. But in judicial circles there is a saying: “The true judge is the judge who doubts all the time.” Probably, doubting and weighing is the surest path.
As for the organization of the work of the court, first of all, the work of the courts is determined by the provisions of the laws “On the Judicial System in the Russian Federation”, “On Courts of General Jurisdiction in the Russian Federation”, “On the Status of Judges in the Russian Federation”, as well as procedural codes and other regulatory legal acts. At the same time, the mentioned laws refer the organization of the work of the court to the duties of the chairman. As for the distribution of claims, this happens differently in all courts. Somewhere cases are distributed on a territorial basis. That is, each judge, if we are talking about judges of district courts, is assigned a certain area: and all those claims that are assigned to this territory go to this judge. In other courts, on the contrary, the distribution of cases depends on the specialization of the judge. For example, if a judge knows social legislation most deeply, then he considers these disputes. Or, let's say, family, housing, labor. When distributing claims, the chairman, of course, takes into account the workload of each judge.
And to the question of which cases judges like the least, I think there is no definite answer, since everything is subjective. Perhaps, everything depends on the judge, on his interest in the nature of the dispute, on his personal attitude to a certain level of complexity of the cases under consideration.
ConsultantPlus: Do you remember your first case in which you had to assist the judge? What difficulties did you encounter? How did you resolve them?
Kargaltsev Anton Igorevich: After time has passed, it is difficult to remember exactly the first case. But some particularly striking cases, of course, remain in the memory.
I can say that difficulties arise in applying the required rule of law. I'll explain. In practice, there are cases when a law enforcement official is faced with a conflict of law, or the legislator has not established a procedural resolution to a particular problem. In such situations, we resort to the principles of analogy of law or analogy of law, we turn to legal positions set forth by the Constitutional Court of Russia, and sometimes by the European Court of Human Rights, and, in addition, of course, to common sense.
Along with legislative subtleties, difficulties also arise in very complicated cases. In some cases, given the available evidence, it is difficult to reconstruct the actual picture of what happened from the point of view of the actual circumstances of the case. In such cases, deep analytics comes into play and, of course, the experience of the judge whose assistant you are plays a significant role. For example, once the supervisory authority considered a complaint against a decision in the case of administrative offense seemingly ordinary. The citizen was brought to administrative responsibility for driving into the road lane intended for oncoming traffic. At first glance, the applicant's guilt was confirmed by the available evidence. But based on the arguments of the complaint, at some, if you like, intuitive level, doubts arose about the woman’s guilt. I spent a long time examining the available evidence, consulting with colleagues, but we did not see any real confirmation of her arguments. And when the evidence was examined by the judge for whom I worked, he, having many years of experience, drew my attention to details of the violation scheme that many had not noticed. These details contained confirmation of the applicant’s arguments.
ConsultantPlus: Due to the nature of your work, you communicate a lot with a variety of people. What is the most difficult thing when communicating with them? What mistakes do citizens most often make when going to court to protect their rights?
Kargaltsev Anton Igorevich: The most difficult thing in communicating with people is to be able to calmly convey to them the meaning of the law. After all, people do not go to court out of idle interest; they come to defend their rights, which, in their opinion, have been infringed. But complainants are not always right as they believe. And it can be very difficult to convey the position of the court and the meaning of the law to a certain category of citizens who stubbornly defend their supposed rightness. Sometimes it is difficult to communicate with citizens who find themselves in difficult life situations. But this is a matter of personal perception: either you treat this as an outside observer and do not try to feel the difficulties, and this is in a certain sense correct, or you take everything to heart, but then you will not be long enough to work in court.
When going to court, citizens either do not fully represent necessary documents, or go to the wrong court. Perhaps these are the most common mistakes. Perhaps there is another mistake. This is the conviction of one of the citizens that in court, as in a government body, they will certainly be harmed. This is indeed a misconception. You know, when judges solemnly take the oath in the Moscow City Court, the members of the Presidium of the Moscow City Court repeat every time that judges work specifically for the people.
ConsultantPlus: What place does information technology play in the work of an assistant judge? Does he need to own a variety of computer software? Are there any specialized programs for judges that you had to study? Do you use the ConsultantPlus system in your work?
Kargaltsev Anton Igorevich: Information Technology They play one of the main roles in the work of an assistant. The assistant simply needs to be proficient in computer software. Currently, work is actively underway to develop the so-called “Electronic Justice”. The Moscow City Court has already taken the first steps towards this, starting from electronic records management databases and ending with systems for audio and video recording of court proceedings.
As for specialized programs for judges, I'm not sure if they exist. The work comes down to using various databases, including the ConsultantPlus system. Moreover, the role of such systems is colossal. For example, when I was studying at the institute, then most of I studied the laws within the framework of this system, and not on paper. And if judges who began their professional career 20-25 years ago used laws on paper, then the modern generation of lawyers, it seems to me, can no longer imagine their lives without systems like ConsultantPlus. If they are removed from daily work, then for my colleagues, my peers, the risk of stopping all work increases. ConsultantPlus is very easy to use in terms of interface and content.
ConsultantPlus: What advice would you give to students who want to work in court in the future?
Kargaltsev Anton Igorevich: I would like to advise students who want to work in court to be interested in their profession, constantly develop, take an active position in life, and in some cases, patience and endurance. And good luck.
And how to find yours. I am sure that in order to find what you like and want to do, you need to know what is available and what you can choose from or what you can invent. To do this you need to communicate with a large number people and know the nuances of different professions. How to do this if your social circle is not so wide? Visit my blog and read a series of interviews with representatives of different professions!
All professions are needed, all professions are important - I didn’t come up with this, but it’s true. Purpose does not have to be saving the world every day or traveling. Each has its own purpose. And maybe an activity that seems boring and ordinary to you is a dream job for someone else. He just doesn’t yet know that such work exists.
So I want to help you find out what you can do and get paid for it, who to work for, what to do and what different professions are. Maybe one of them will become your dream job and even turn out to be your destiny.
Today's heroine is Natalya, an assistant judge. Ryazan.
Tell me, did you consciously decide to work in law or did it happen by accident?
While still at school, I realized that I had a humanitarian mindset, so I didn’t become an accountant. Medicine didn’t appeal either. I don’t remember what other options I considered then. It was a period without the Internet and cell phones, so I simply did not know about the many professions that exist now, and many of them did not exist in our country. At that time, jurisprudence was a popular field, so I went to law school.
During my 5th year, I got a part-time job as a typist in court, at that time computers had just begun to appear, so all judicial acts were printed on typewriter. After graduating from university, I simply “stayed” in court.
How long have you been working as an assistant judge?
It seems like an eternity to me - 12 years.
How to become an assistant judge? What are the requirements for an applicant for this position? Do you need any special personal qualities or is a diploma enough?
Now, to become an assistant, you need to have a higher legal education, a bachelor's degree is enough (if I understand the current education system correctly). You need to get a job in a district court as a secretary or clerk for a magistrate and “grow up” to assistant. You can become an assistant if you have connections or 2 years of experience in the legal profession.
You can become an assistant judge if you have experience in the legal profession.
What does it look like workplace assistant referee? Is this an ordinary office office or a courtroom itself?
This is an ordinary office: a table with a computer on it + a chair + a wardrobe + a bedside table. In an office in a court of general jurisdiction, there is usually an assistant and a secretary in the same office. In the Arbitration Court, about 10 people (secretaries and specialists) can sit in one office. There are also 5-6 people and assistants sitting there. There are no separate offices.
If we talk about the courtroom, then the trial itself takes place there. That is, during the court hearing the judge and the secretary come there. So in its pure form it cannot be called their workplace.
What are the responsibilities of an assistant referee?
In each court and each judge, the work is structured differently, so the responsibilities may be slightly different. All in all:
- receiving applications/claims from citizens,
- preparation of judicial acts: rulings on the return of the claim, leaving without motion and decisions.
If a judge deals with criminal cases, then, accordingly, these are sentences and decisions. Once a year they allow us to make a generalization. This is when you need to read all the cases on a certain topic and draw conclusions in writing about the work of judges.
These could also be answers to phone calls, filing cases, sending requests. Basically, these are the duties of a secretary, but with us this is done by the one who has the business on which the work is being done. Also, if a judge does not have an assistant (he got sick, quit), then you work with two judges.
In general, the goal of my work is to help the judge as much as possible (by finding the necessary legislative acts and printing judicial acts) and to settle conflict situations so that visitors feel good impression from attending court. I want people to leave me happy.
Does this position have growth prospects? Can an assistant at some point “grow up” to become a judge or is there some other hierarchy there?
Yes, purely theoretically it is possible to “grow up”, but such cases are rare. I won’t lie, basically everything is decided by connections.
Tell us how your working day is structured? What time do you start work and what time do you finish? How many days off a week do you have and what is your vacation?
Officially, the working day starts at 9 and lasts until 18 hours, five days a week. But in reality you have to either leave earlier, or stay late, or work on weekends. Or all at once. Vacation goes up to 42 days (if you have served for more than 10 years), but I can only take it at the same time as the judge. You can’t take all your vacation at once; we always break it up.
An assistant judge's vacation may be 42 days.
Does the job of an assistant judge provide any benefits, such as a 13th salary, additional days off, free travel, a good social package, or something else like that?
There are no benefits. In terms of salary, we have quarterly bonuses in the amount of salary. Our salaries are very small, 4,700 rubles. That is, 4 times a year I receive a salary that is 4,700 rubles more than in other months.
What are the pros and cons of being a judicial assistant?
Among the disadvantages, I can name unofficially unstandardized working hours, low wages, and disrespectful attitude from clients. I will explain the last point in more detail. That is, a person who comes can come prepared for conflict and speak in a disrespectful manner, basically he can say anything, and I must answer calmly and politely, only because he is a client and I have no right to speak differently. This of course applies to any service profession.
On the plus side. Stable income. Having a long vacation. I also consider it a plus that I work officially and there are contributions to the Pension Fund.
Officially, in employment contract We have a normal working day, but at the same time there are situations when it is simply impossible to leave work at 18:00. Much depends directly on the judge.
I liked this job for many years and, in general, I still like it. But at the same time, I am looking for myself and really want to change my life.
How much does an assistant referee earn?
In my hands (clean) I get 16 thousand rubles. per month.
I hope this post helped you understand at least a little better what you would like to do in life, and what you would not like to do.
Have you already found your dream job? If you want to talk about your work and help others make their choice, write to me
The assistant judge is the right hand of the servant of Themis and an irreplaceable employee who can always cope with the huge influx of documents and registration of court cases. People with a higher legal education are appointed to this position of a civil servant and in accordance with the requirements specified in the Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation.” The duties of the assistant are specified in job description, which is compiled in all courts for each employee.
What does an assistant judge do at his workplace?
An assistant judge has a lot of work, and it consists of the following:- careful study of all statements of claim, complaints and other documents received by the judge. The assistant judge makes proposals on them and prepares draft court decisions;
- active participation in preparation for the court hearing;
- assistance to the judge in organizing the consideration of the case, conducting interviews with participants in the trial. But the assistant cannot influence the course of the court hearing;
- monitoring complaints and claims that remained without progress. Also, the assistant judge monitors cases in which proceedings have been suspended or postponed to another date;
- checking that all relevant court documents are sent to the parties in a timely manner;
- study of judicial practice related to the specifics of disputes considered by a judge;
- participation in the preparation of reports on the results of the judge’s work;
- preparing materials for reports and speeches and carefully checking all information;
- work in the “Consultant Plus” program;
- drafting responses to proposals and requests that arise during work.
How does the work of an assistant judge differ in different courts?
The answer to this question is simple. For example, an assistant judge of an arbitration court will deal with those matters that are within the competence of this judicial institution. Arbitration deals primarily with economic disputes between entrepreneurs and legal entities. Therefore, the assistant judge is involved in cases that involve commercial activities.An assistant magistrate deals with completely different matters. These are various disputes between citizens related to inheritance, alimony, divorce proceedings, and so on. The jurisdiction of the magistrate also includes criminal cases of minor severity - threats of murder, beatings, and the like. And the assistant magistrate will have to deal with all this. District courts have their own specifics.
Despite the wide range of job responsibilities, the work of an assistant judge is interesting. A person in this position receives stable income, although not very big. He is also granted leave of more than 40 days. There is also the possibility of career growth; in many cases, assistant judges became judges after many years of work.
1. Persons with a higher legal education are appointed to the position of assistant judge.
2. The work experience in the specialty of the person filling the position of assistant judge must be at least two years of government experience civil service (civil service other types) or at least four years of work experience in the specialty.
o Chief of Staff – Court Administrator
o Head of HR and Civil Service Department
o Head of the department for analysis and synthesis of judicial practice, legislation and statistics
o head of the office management department
o Head of the Department of Information and Copying Equipment
Qualification requirements for positions in the “managers” category:
Education:
Experience:
Lore: The Constitution of the Russian Federation, federal constitutional laws, federal laws, decrees of the President of the Russian Federation, other regulatory legal acts, as well as local acts of the arbitration court regulating the relevant field of activity in relation to the performance of specific official duties; the procedure and rules for the development of draft laws, decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, and other normative legal acts; fundamentals of management and organization of labor and office work; the process of passing the civil service; normal business communication; forms and methods of work using automated controls; procedure for working with official and classified information; labor protection and fire safety rules.
Professional skills: management of a structural unit, prompt adoption and implementation of management decisions, maintaining business negotiations, public speaking, interaction with other departments, government bodies, representatives of constituent entities of the Russian Federation, municipalities, rule-making activities, working with laws and other regulatory legal acts and applying them in practice, work planning, control, analysis and forecasting of the consequences of decisions made, incentives achieving results, mastering constructive criticism, taking into account the opinions of colleagues and subordinates, selecting and placing personnel, using modern office equipment and software products, systematic increase professional knowledge, timely identification and resolution of problem situations leading to conflicts of interest, preparation of business correspondence.
o Assistant referee
Qualification requirements for positions in the category “assistants (advisers)”:
Education: higher legal education;
Experience: work experience in civil service positions of at least 2 years or work experience in the legal profession of at least 4 years.
Lore:
Professional skills: analysis and synthesis of information, prompt implementation of management decisions, forecasting the consequences of decisions made, working with laws and other regulatory legal acts and applying them in practice; conducting business negotiations, interacting with other departments, government bodies, representatives of constituent entities of the Russian Federation, municipalities, work planning, proper distribution of work time, using modern office equipment and software products, systematically improving professional knowledge, preparing business correspondence.
o Court secretary
o Leading specialist
o Specialist
Qualification requirements for positions in the category “specialists”:
Education: higher professional education;
Experience: work experience in civil service positions of at least 2 years or work experience in the specialty of at least 3 years.
Lore: The Constitution of the Russian Federation, federal constitutional laws, federal laws, decrees of the President of the Russian Federation, other regulatory legal acts, as well as local acts of the arbitration court regulating the relevant field of activity in relation to the performance of specific official duties; fundamentals of management and labor organization; the process of passing the civil service; the procedure for official interaction within its competence with the authorities state power Russian Federation, constituent entities of the Russian Federation, arbitration courts; norms of business communication; forms and methods of work using automated controls; procedure for working with official information; labor protection and fire safety rules.
Professional skills: work in the area corresponding to the direction of activity of the structural unit, working with laws and other regulations and applying them in practice, analyzing and summarizing information, ensuring the implementation of tasks set by management, effective planning of working time, analyzing and forecasting activities in the assigned area, applying new approaches to solving emerging problems, planning work, proper distribution of work time, using modern office equipment and software products, systematically improving professional knowledge, using the experience and opinions of colleagues, preparing business correspondence.
o Leading specialist 3rd category
Education: higher professional education;
Experience: work experience in civil service positions of at least 2 years or work experience in the specialty of at least 4 years.
o Senior specialist 1st category
o Senior specialist 2nd category
o Senior specialist 3rd category.
Qualification requirements for this position:
Education:
Experience: work experience in the specialty for at least 3 years.
o 1st category specialist
o Specialist 2nd category
o Specialist 3rd category.
Qualification requirements for this position:
Education: higher or secondary vocational education;
Experience: without any work experience requirements.
Qualification requirements for positions in the “support specialists” category:
Lore: The Constitution of the Russian Federation, other normative legal acts, as well as local acts of the arbitration court regulating the relevant field of activity in relation to the performance of specific official duties; fundamentals of management and labor organization; the process of passing the civil service; norms of business communication; forms and methods of work using automated controls; procedure for working with official information; basics of office work; labor protection and fire safety rules.
Professional skills: working with laws and other regulatory legal acts and applying them in practice, ensuring the fulfillment of tasks and functions in organizational, information, documentation, financial, economic, economic and other support for the activities of the arbitration court, implementing management decisions, interacting with other departments, correct distribution office time, performance discipline, use of modern office equipment and software products, preparation of business correspondence.
6. Chairman of the court: procedure for appointment to the position, class ranks, guarantees of social protection.
1. The Chairman of the Constitutional Court of the Russian Federation and his deputies are appointed in the manner established by the Federal Constitutional Law “On the Constitutional Court of the Russian Federation”.
2. The Chairman of the Supreme Court of the Russian Federation is appointed to the position by the Federation Council of the Federal Assembly of the Russian Federation for a period of six years upon the proposal of the President of the Russian Federation in the presence of a positive conclusion of the High Qualification Board of Judges of the Russian Federation.
The Higher Qualification Board of Judges of the Russian Federation submits the said conclusion to the President of the Russian Federation no later than two months before the expiration of the term of office of the Chairman of the Supreme Court of the Russian Federation, and in the case early termination his powers - no later than three months from the date of opening of the vacancy.
3. The First Deputy Chairman of the Supreme Court of the Russian Federation, Deputy Chairman of the Supreme Court of the Russian Federation - Chairman of the Judicial Collegium of the Supreme Court of the Russian Federation (hereinafter referred to as the Deputy Chairman of the Supreme Court of the Russian Federation) are appointed to the position by the Federation Council of the Federal Assembly of the Russian Federation for a period of six years upon the proposal of the President of the Russian Federation on the basis of a proposal from the Chairman of the Supreme Court of the Russian Federation in the presence of a positive conclusion of the High Qualification Board of Judges of the Russian Federation.
The Chairman of the Supreme Court of the Russian Federation submits the said proposal to the President of the Russian Federation no later than two months before the expiration of the term of office of the Deputy Chairman of the Supreme Court of the Russian Federation, and in the event of early termination of the powers of the said person - no later than three months from the date of the opening of the vacancy.
4. The President of the Russian Federation submits to the Federation Council of the Federal Assembly of the Russian Federation a proposal for the appointment of the Chairman of the Supreme Court of the Russian Federation or the Deputy Chairman of the Supreme Court of the Russian Federation no later than 14 days before the expiration of their term of office, and in the event of early termination of powers of these persons - not later than six months from the date of opening of the vacancy.
5. The Federation Council of the Federal Assembly of the Russian Federation considers the issue of appointment to the position of Chairman of the Supreme Court of the Russian Federation or Deputy Chairman of the Supreme Court of the Russian Federation within a period not exceeding 14 days after the day of receipt of the proposal from the President of the Russian Federation.
6. Chairmen, deputy chairmen of the supreme courts of republics, regional, regional courts, courts of federal cities, courts autonomous region, ships autonomous okrugs, military courts are appointed to the position by the President of the Russian Federation for a period of six years upon the proposal of the Chairman of the Supreme Court of the Russian Federation in the presence of a positive conclusion of the High Qualification Board of Judges of the Russian Federation.
7. Chairmen and deputy chairmen of arbitration courts of districts, arbitration courts of appeal, arbitration courts of constituent entities of the Russian Federation, specialized arbitration courts are appointed to the position by the President of the Russian Federation for a period of six years upon the proposal of the Chairman of the Supreme Court of the Russian Federation in the presence of a positive conclusion of the High Qualification Board of Judges of the Russian Federation .
The Chairman of the Supreme Court of the Russian Federation makes the said submission to the President of the Russian Federation no later than two months before the expiration of the term of office of the chairman or deputy chairman of the relevant court, and in the event of early termination of powers of these persons - no later than three months from the date of the opening of the vacancy.
8. Chairmen and deputy chairmen of district courts are appointed to office by the President of the Russian Federation for a period of six years upon the proposal of the Chairperson of the Supreme Court of the Russian Federation, subject to a positive conclusion from the relevant qualification boards of judges of the constituent entities of the Russian Federation.
The Chairman of the Supreme Court of the Russian Federation makes the said submission to the President of the Russian Federation no later than two months before the expiration of the term of office of the chairman or deputy chairman of the relevant court, and in the event of early termination of powers of these persons - no later than three months from the date of the opening of the vacancy.
9. Rejected candidates for the positions of chairmen and deputy chairmen of courts of the same court may be re-submitted for appointment no earlier than one year later in the manner prescribed by this article.
10. Chairmen and deputy chairmen of the constitutional (statutory) courts of the constituent entities of the Russian Federation are appointed to positions in the manner determined by the laws of the relevant constituent entities of the Russian Federation.
7. Bodies of the judicial community: concept, system, tasks, significance for society. (fz)
Federal Law No. 30-FZ of March 14, 2002 “On the Bodies of the Judicial Community in the Russian Federation” regulates the functioning of the judicial community in the Russian Federation.
Judges of federal courts and courts of constituent entities of the Russian Federation are members of the judicial community from the moment they take the oath of judge and until the decision to terminate the powers of a judge comes into force, with the exception of the case of termination of powers in connection with the honorable resignation or honorable removal of a judge from retirement.
A retired judge retains his membership in the judicial community until his resignation ends and may, with his consent, be involved in work in the bodies of the judicial community.
The bodies of the judicial community in the Russian Federation are:
All-Russian Congress of Judges;
conferences of judges of the constituent entities of the Russian Federation;
Council of Judges of the Russian Federation;
councils of judges of the constituent entities of the Russian Federation;
general meetings court judges;
Higher Qualification Board of Judges of the Russian Federation;
qualification boards of judges of the constituent entities of the Russian Federation;
Higher Examination Commission for the qualification exam for the position of judge;
examination commissions of the constituent entities of the Russian Federation for taking the qualification exam for the position of judge.
Thus, the following types of bodies of the judicial community can be distinguished:
Congress of Judges;
conferences of judges;
councils of judges;
general meetings of court judges;
qualification boards of judges;
examination commissions.
The activities of the bodies of the judicial community are regulated by acts (regulations, regulations) adopted by these bodies.
The main tasks of the bodies of the judicial community:
assistance in improving the judicial system and legal proceedings;
protection of the rights and legitimate interests of judges;
participation in organizational, personnel and resource provision judicial activities;
The bodies of the judicial community carry out their activities collegially, publicly, in strict compliance with the principles of judicial independence and non-interference in judicial activities.
Councils of judges, qualification boards of judges, the Higher Examination Commission for taking a qualification exam for the position of a judge and examination commissions of the constituent entities of the Russian Federation for taking a qualification exam for the position of a judge (hereinafter also referred to as examination commissions) are formed on the principles of election, turnover and accountability to the bodies that elected them.
Qualification boards of judges and examination commissions are not accountable to the bodies that elected them for their decisions.
8. Legal status judges in the Russian Federation: requirements for candidates for the position of judge, procedure for appointment and dismissal. Principles of a judge's work. Guarantees of independence
1. A judge is obliged to strictly observe the Constitution of the Russian Federation, federal constitutional laws and federal laws. A judge of a constitutional (charter) court of a constituent entity of the Russian Federation, a justice of the peace are also obliged to comply with the constitution (charter) of a constituent entity of the Russian Federation and the laws of a constituent entity of the Russian Federation.
2. A judge, when exercising his powers, as well as in off-duty relationships, must avoid anything that could diminish the authority of the judiciary, the dignity of a judge or raise doubts about his objectivity, fairness and impartiality.
In the event of a conflict of interest, the judge participating in the proceedings is obliged to recuse himself or inform the participants in the process about the current situation.
A conflict of interest is understood as a situation in which the personal interest (direct or indirect) of a judge affects or may affect the proper performance of his official duties and in which a contradiction arises or may arise between the personal interest of the judge and the rights and legitimate interests of citizens, organizations, society, municipality, a subject of the Russian Federation or the Russian Federation, capable of causing harm to the rights and legitimate interests of citizens, organizations, society, a municipality, a subject of the Russian Federation or the Russian Federation.
The personal interest of a judge, which affects or may affect the proper performance of his official duties, is understood as the possibility of the judge receiving income in the form of material gain or other undue advantage in the performance of official duties directly for the judge, members of his family or other persons and organizations with whom the judge bound by financial or other obligations.
3. The judge has no right:
1) hold other government positions, civil service positions, municipal positions, municipal service positions, be an arbitrator, arbitrator;
2) belong to political parties, financially support these parties and take part in their political actions and other political activities;
3) publicly express their attitude towards political parties and other public associations;
4) engage entrepreneurial activity personally or through proxies, including taking part in the management of an economic entity, regardless of its organizational and legal form;
5) engage in other paid activities, except for pedagogical, scientific and other creative activities, the occupation of which should not interfere with the performance of the duties of a judge and cannot serve good reason absence from the meeting, unless the consent of the chairman of the relevant court is given (for magistrates - the chairman of the corresponding district court, for court chairmen - the presidiums of the relevant courts, and in the absence of such presidiums - the presidiums of higher courts). At the same time, pedagogical, scientific and other creative activities cannot be financed exclusively at the expense of foreign states, international and foreign organizations, foreign citizens and stateless persons, unless otherwise provided by the legislation of the Russian Federation, international treaties of the Russian Federation or mutual agreements of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the constitutional (statutory) court of a constituent entity of the Russian Federation with the corresponding courts of foreign states, international and foreign organizations;
5.1) open and have accounts (deposits), store cash cash and values in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments. The spouse and minor children of a judge also do not have the right to open and have accounts (deposits), store cash and valuables in foreign banks located outside the territory of the Russian Federation, own and (or) use foreign financial instruments;
6) be an attorney or representative (except for cases of legal representation) in matters of individuals or legal entities;
7) allow public statements on an issue that is the subject of consideration in court, before a judicial act on this issue enters into legal force;
8) use, for purposes unrelated to the exercise of the powers of a judge, means of material, technical, financial and information support, intended for official activities;
9) disclose or use for purposes unrelated to the exercise of the powers of a judge, information classified in accordance with federal law as restricted information, or proprietary information that has become known to him in connection with the exercise of the powers of a judge;
10) receive, in connection with the exercise of the powers of a judge, remuneration not provided for by the legislation of the Russian Federation (loans, monetary and other remuneration, services, payment for entertainment, recreation, transportation expenses) from individuals and legal entities. Gifts received by a judge in connection with protocol events, business trips and other official events are recognized as federal property or the property of a constituent entity of the Russian Federation and are transferred by the judge according to an act to the court in which he holds the position of judge, except for cases provided for by law Russian Federation. A judge who has handed over a gift received in connection with a protocol event, a business trip or another official event may redeem it in the manner established by the regulatory legal acts of the Russian Federation;
11) accept, without the permission of the relevant qualification board of judges, honorary and special (except for scientific and sports) titles, awards and other insignia of foreign states, political parties, other public associations and other organizations;
12) go on business trips outside the territory of the Russian Federation at the expense of individuals and legal entities, with the exception of business trips carried out in accordance with the legislation of the Russian Federation, international treaties of the Russian Federation or mutual agreements of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation , the Council of Judges of the Russian Federation, the constitutional (statutory) court of a constituent entity of the Russian Federation with the corresponding courts of foreign states, international and foreign organizations;
13) be a member of the management bodies, trustee or supervisory boards, other bodies of foreign non-profit non-governmental organizations operating on the territory of the Russian Federation and their structural divisions, unless otherwise provided by the legislation of the Russian Federation, international treaties of the Russian Federation or mutual agreements of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the constitutional (statutory) court of a constituent entity of the Russian Federation with the relevant courts of foreign states, international and foreign organizations;
14) stop performing official duties in order to resolve a labor dispute.
4. A retired judge who has worked as a judge for at least 20 years or has reached the age of 55 (50 for women) has the right to work in government bodies, bodies local government, government and municipal institutions, in trade unions and other public associations, as well as work as an assistant to a deputy of the State Duma or a member of the Federation Council of the Federal Assembly of the Russian Federation or an assistant to a deputy of a legislative (representative) body of a constituent entity of the Russian Federation, but does not have the right to hold the positions of a prosecutor, investigator and investigator, or engage in legal practice and notarial activities. A retired judge is not subject to the requirements established by subparagraphs 1 (in terms of filling government positions, civil service positions, municipal positions, municipal service positions), 11 and 12 of paragraph 3 of this article.
During the period of carrying out the activities that a retired judge has the right to engage in in accordance with this paragraph, the guarantees of immunity established by Article 16 of this Law do not apply to him, and the membership of the said judge in the judicial community is suspended for this period.
Article 4. Requirements for candidates for the position of judge
1. A citizen of the Russian Federation may be a judge:
1) having a higher legal education;
2) who does not have or did not have a criminal record or criminal prosecution against whom was terminated on rehabilitative grounds;
3) who does not have citizenship of a foreign state or a residence permit or other document confirming the right to permanent residence a citizen of the Russian Federation on the territory of a foreign state;
4) not recognized by the court as incompetent or partially capable;
5) not registered with a narcological or psychoneurological dispensary in connection with treatment for alcoholism, drug addiction, substance abuse, chronic and protracted mental disorders;
6) does not have other diseases that prevent the exercise of the powers of a judge.
2. Subject to compliance with the requirements provided for in paragraph 1 of this article:
1) a judge of the Constitutional Court of the Russian Federation can be a citizen who has reached the age of 40 years and has at least 15 years of experience in the field of jurisprudence;
2) a judge of the Supreme Court of the Russian Federation can be a citizen who has reached the age of 35 and has at least 10 years of experience in the field of jurisprudence;
3) a judge of the supreme court of a republic, a regional court, a court of a federal city, a court of an autonomous region, a court Autonomous Okrug, district (naval) military court, district arbitration court, arbitration court of appeal, specialized arbitration court, there can be a citizen who has reached the age of 30 years and has at least 7 years of experience in the field of jurisprudence;
4) a judge of an arbitration court of a constituent entity of the Russian Federation, a constitutional (statutory) court of a constituent entity of the Russian Federation, a district court, a garrison military court, as well as a justice of the peace can be a citizen who has reached the age of 25 and has at least 5 years of experience in the field of jurisprudence.
3. Federal constitutional law and federal law may establish additional requirements to candidates for the position of judge of the courts of the Russian Federation.
4. A candidate for the position of judge cannot be a person suspected or accused of committing a crime.
5. The length of work experience in the field of jurisprudence required for appointment to the position of judge includes the time spent working:
1) in state positions of the Russian Federation that require higher legal education, state positions in the constituent entities of the Russian Federation, positions in the civil service, municipal positions, positions in state bodies of the USSR, union republics of the USSR, RSFSR and the Russian Federation that existed before the adoption of the Constitution of the Russian Federation, positions in legal services organizations, positions in scientific organizations;
2) as a teacher of legal disciplines in professional educational programs, as a lawyer or notary.
Article 4.1. Medical examination of a candidate for the position of judge
To confirm that an applicant for the position of a judge does not have any diseases that would prevent him from being appointed to the position of a judge, a preliminary medical examination is carried out. 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 the federal executive body in the field of healthcare. The form of the document indicating the absence of diseases that prevent appointment to the position of judge is approved by the federal executive body in the field of healthcare.
1. Judges of the Supreme Court of the Russian Federation are appointed by the Federation Council of the Federal Assembly of the Russian Federation upon the proposal of the President of the Russian Federation, which is submitted on the basis of a proposal by the Chairman of the Supreme Court of the Russian Federation.
2. Judges of arbitration courts of districts and specialized arbitration courts are appointed by the President of the Russian Federation on the proposal of the Chairman of the Supreme Court of the Russian Federation, which is sent to the President of the Russian Federation no later than 30 days from the date of receipt from the chairman of the relevant court of the proposal on the appointment of the recommended person to the position of judge.
3. Judges of other federal courts of general jurisdiction and arbitration courts are appointed by the President of the Russian Federation on the proposal of the Chairman of the Supreme Court of the Russian Federation, which is sent to the President of the Russian Federation no later than 30 days from the date of receipt from the chairman of the relevant court of the proposal on the appointment of the recommended person to the position of judge.
4. Judges of military courts are appointed by the President of the Russian Federation on the proposal of the Chairman of the Supreme Court of the Russian Federation in the presence of a positive conclusion of the High Qualification Board of Judges of the Russian Federation. The said proposal is sent to the President of the Russian Federation no later than 30 days from the date of receipt from the chairman of the relevant court of the proposal on the appointment of the recommended person to the position of judge.
5. The President of the Russian Federation, within two months from the date of receipt necessary materials appoints judges of federal courts, and submits candidates for judges of the Supreme Court of the Russian Federation for appointment to the Federation Council of the Federal Assembly of the Russian Federation or rejects the submitted candidates, which is reported to the Chairman of the Supreme Court of the Russian Federation.
6. Appointment of candidates for positions of judges is made only if there is a positive conclusion from the relevant qualification board of judges.
A judge may be appointed, upon his application, to a position similar to the one he holds in another court of the same level in the manner established by this Law, with the exception of the requirement provided for in paragraph one of this paragraph. In the same manner, a federal court judge may be appointed to a position similar to his or her position in a lower court.
7. Excluded.
7.1. If it is revealed that a person has been appointed (elected) to the position of judge who did not meet the requirements provided for in paragraph 1 of Article 4 of this Law at the time of appointment (election), the relevant qualification board of judges, in accordance with the procedure established by federal law, considers the issue of terminating the powers of such a judge.
8. No later than six months before a judge of a federal court reaches the age limit for holding the position of a judge, and in case of early termination of powers - no later than 10 days from the date of opening of a vacancy of a judge, the relevant qualification board of judges announces the opening of a vacancy of a judge in the funds mass media indicating the time and place of acceptance of applications from applicants for the position of judge, as well as the time and place of consideration of received applications.
The independence of a judge is ensured:
the procedure for administering justice provided for by law; prohibition, under threat of liability, of anyone’s interference in the administration of justice;
the established procedure for the suspension and termination of the powers of a judge;
the right of a judge to resign;
immunity of a judge;
system of bodies of the judicial community;
provision to the judge at the expense of the state of material and social security, corresponding to his high status.
2. A judge, members of his family and their property are under special protection of the state. Internal affairs bodies are obliged to take the necessary measures to ensure the safety of the judge, members of his family, and the safety of their property, if a corresponding application is received from the judge.
A judge has the right to store and carry service firearms, which are issued to him by internal affairs bodies upon his application in the manner prescribed by the Law of the Russian Federation “On Weapons”.
3. Judicial department at Supreme Court The Russian Federation and its bodies in the constituent entities of the Russian Federation are taking measures to create the conditions necessary for the judicial activities of courts of general jurisdiction and arbitration courts, as well as to ensure its personnel, organizational and resource support.
4. Guarantees of the independence of a judge, including measures of his legal protection, material and social security provided for by this Law, apply to all judges in the Russian Federation and cannot be canceled or reduced by other regulations of the Russian Federation and constituent entities of the Russian Federation.
The powers of a judge and the resignation of a judge are suspended by a decision of the qualification board of judges if one of the following grounds exists:
1) recognition of a judge as missing by a court decision that has entered into legal force;
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