Citizens of the Russian Federation, who have a long track record in the field of jurisprudence and an unsullied reputation , are appointed to the high post of judges of the Constitutional Court. In addition, the candidate must possess the necessary personal qualities and meet many requirements.
More on the Constitutional Court
The Constitutional Court is a judicial body of the Russian Federation that exercises constitutional review. Through constitutional clerical work, the aforementioned body has all the rights and powers for the independent and independent exercise of the judiciary.
A full list of powers and features of activities, as well as the procedure for the formation of this judicial body, are determined by the Constitution of Russia, as well as the Federal Constitutional Law. The composition of the COP are 19 people. Their appointment takes place by a vote of representatives of the upper house of the Federal Assembly, the Federation Council (Federation Council) after consideration of the nominee by the president.
Term of office
The powers of a judge are not strictly regulated by the term of service. However, there is an age limit. After a citizen occupying this position reaches the age of 70, his authority ceases due to existing legislation, but he continues to fulfill his official duties until the adoption of a final agreement on the case, the hearing of which is mandatory with his direct participation.
Termination of existing powers occurs at the end of the month in which the judge reaches the age limit.
There are exceptions. A citizen will continue to fulfill the prescribed duties if, after his retirement, the number of people holding the position of judges of the Constitutional Court is less than two-thirds of the total number of people in the judicial community and will continue to serve until a new candidate is appointed to the post.
Previously, the threshold age of judges was 65 years.
Status Features
Each judge of the Russian Federation has a certain legal status, which gives him a list of rights, responsibilities and obligations established by applicable law. In addition, the concept of the status of a judge of the Constitutional Court of the Russian Federation includes guarantees for the independence of citizens holding these posts in fulfilling their obligations to administer justice.
All citizens holding a high position of judge are endowed with a single status. The main differences between them are entrusted powers and competencies.
Documents determining the status of a judge
After the judges of the Constitutional Court of the Russian Federation are appointed to a high position, they become owners of a status, the basics of which are documented in a number of documents:
- in Articles 119-122 of the Constitution;
- in the second chapter of the FKZ;
- in the provision of the Law of Russia on judicial legal status;
- in the Code of Honor of Judges of the Russian Federation.
The last mentioned document establishes the rules of conduct for a citizen holding a position of a judge, not only during the performance of professional duties, but also during non-official activities. In addition, the Code sets out the rules of conduct for members of the judiciary family and for citizens who are on a well-deserved rest (retired), but who retain the title and membership of the community of judges.
The Code of Honor of Judges is not a source of law. This document is a code of practice for corporate judicial ethics.
Credentials
As a judge, a citizen actually becomes the secretary of the Constitutional Court of Russia. You can begin to perform professional duties from the moment you take the oath.
After the judges of the Constitutional Court of the Russian Federation are appointed to the post, they are obliged to proceed with the following duties:
- the direct management of the work of the apparatus of the COP;
- ensuring the preparation and conduct of meetings of the said judicial authority;
- bringing to the notice of certain organizations and persons decisions adopted at court hearings;
- informing the COP about the implementation of decisions;
- organization of information support for all members of the judicial community of this judicial body, etc.
In addition, by holding a secret ballot in a plenary meeting of the Constitutional Court of Russia, a chairman as well as a deputy chairman are elected.
Guarantees of independence
After the judges of the Constitutional Court of the Russian Federation are appointed to the post, guarantees of independence begin to apply for them, which are ensured by its irremovability, as well as personal inviolability and equality of rights of all members of the judicial community. A judge is guaranteed the right to resign. He is provided with material and social security, as well as security guarantees that correspond to his high status.
In addition, guarantees of independence are provided by the prohibition of any kind of interference in judicial activity.
The relevant criteria also include guarantees of material independence, which are related to the provision of a citizen who occupies such a high position, annual leave, regular payment of wages, provision of housing and necessary living conditions, domestic services, life and health insurance of the judge himself and his immediate family, mandatory property insurance.
Requirements for a candidate
Judges of the Constitutional Court of the Russian Federation shall be appointed based on the results of careful selection and consideration of the candidacy proposed by the president. This position can be occupied by a citizen of Russia, who strictly meets certain requirements. The age of the candidate must not be less than 40 years. In addition, a citizen must have a higher legal education and seniority (in the specialty), the duration of which must be at least 15 years. The candidate must have recognized legal qualifications.
High requirements for the candidate are due to the prestige of the position and the responsibility that rests with the citizen. The reputation of the judge should be perfect throughout the entire period of work. In addition, the marital status of the person considered as a candidate for a vacant position and the reputation of family members play a role.
The regalia of the applicant, titles, academic degrees, achievements in the professional sphere play the role. Most current judges have a degree or are doctors of science.
The gender of the candidate does not matter.
Who appoints the judges of the Constitutional Court of the Russian Federation
All information on the procedure for the appointment of judges of the Constitutional Court of the Russian Federation is spelled out in detail in the Federal Law on the Constitutional Court. Article 9 contains information not only on the procedure for empowerment, but also on who exactly elects a candidate.
Proposals for candidates for such a high position can be made by the head of state by members of the Federation Council, deputies of the State Duma. In addition, proposals may be made by the legislative bodies of the constituent entities of Russia, supreme judicial bodies and legal departments of federal significance, legal communities of a national scale, scientific and educational institutions of a legal nature.
From the moment the president is presented regarding a possible candidate, no more than 14 calendar days must elapse before the appointment. The appointment is considered by the Federation Council during this time.
Procedure for the appointment of a judge of the Constitutional Court of the Russian Federation
Judges of the Constitutional Court of the Russian Federation are appointed to the position strictly on an individual basis. For this, a secret vote of members of the Federation Council is held. Of all the candidates, the citizen who receives the most votes is appointed.
If, after the removal of one of the participants, the total number of judges is less than two-thirds, the president shall submit an idea of the consideration and subsequent appointment of another candidate for a vacant post. Moreover, this is done no later than one calendar month from the date of the appearance of free space.
Termination of authority
The early resignation of a citizen holding such a high position, in addition to reaching the age limit, can be associated with a state of health, as well as with the loss of the ability to fulfill official duties for a long time for a good reason.
In addition, the grounds for termination of powers earlier than the specified period may be:
- personal resignation of a citizen;
- loss by an official of citizenship of the Russian Federation for various reasons;
- conviction of a citizen who served as constitutional judge ;;
- dishonored reputation and honor as a result of misconduct;
- conducting activities or committing acts incompatible with professional activities;
- non-participation in judicial meetings for no good reason;
- avoidance of taking part in the vote without a worthy cause more than two times in a row;
- documented loss of legal capacity of a citizen holding a given position;
- recognition of the official as missing;
- judicially documented declaration of a judge as deceased;
- death of a citizen.
In addition, the termination of office will follow if it turns out that the procedure for appointing a citizen to the position of judge of the Constitutional Court has been violated.
Termination of duties is carried out exclusively after the relevant decision of the Constitutional Court, sent to the head of state and the Federation Council. This decision is the official announcement of the vacancy.
The complete termination of powers is carried out by the Federation Council by a decision presented by the Constitutional Court, which was adopted by a majority of votes.