An important innovation of the project is the provision which establishes the procedure for attraction of former judges of the Supreme court of Republic, Kray, oblast, Autonomous region and city duties of judge of any lower court of General jurisdiction throughout the territory of Russia.
MOSCOW, 13 Oct. The constitutional Committee of the state Duma recommended Thursday to take the lower house of Parliament a bill authorizing retired judges to perform duties in any of the lower ranking court in the territory of Russia.
The relevant amendments to the law “On status of judges in the Russian Federation” previously submitted to the state Duma, the first Deputy head of the Duma Committee on constitutional legislation and state construction Vyacheslav Lysakov. In the explanatory note to the bill, the author indicates the tendency of growth of number of citizens for judicial protection, which implies that the increased burden on judges and workers of devices of courts.
Higher qualification Collegium of judges of the Russian Federation previously expressed its position, which excludes the involvement of a retired Federal judges to perform duties of other district courts, except the court in which they previously worked until honorable resignation. Legally the possibility of bringing such judges duties of the judges of the district courts is much narrower than the justices of the peace in retirement.
According to Lysakova, today in every region of the country, as a rule, a sufficient number of Federal judges, residing in honorable retirement, which could be involved in the execution of duties of judge of the district court. But in particular the district court, which temporarily greatly increased volume of work, or a vacancy of a judge, such judge is often not.
“The concept of the insertion of the bill is to increase the possibility of attracting retired judges of district courts, military courts, courts of General jurisdiction of subjects of the Russian Federation, arbitration courts duties of a judge of the court of the system and the level in which they performed the duties till the resignation of the entire territory of the Russian Federation. While in retirement, the judges of the courts of General jurisdiction may also be raised to act as magistrate throughout the territory of the Russian Federation”, — stated in the document.
He noted that an important innovation of the project is the provision which establishes the procedure for attraction of former judges of the Supreme court of Republic, Kray, oblast, Autonomous region and city duties of judge of any lower court of General jurisdiction throughout the territory of Russia. Also prescribed the procedure for employing retired judges of the district court of arbitration, arbitration appeal court, the arbitration court of the Russian Federation subject and the Court for intellectual rights to the execution of the duties of judges of the arbitration court of the same level or lower level throughout the country.
“It appears that the proposed bill changes would allow the currently available issues of the case load, as well as issues of court management if there are vacancies of posts of judges in case of temporary considerable increase in the workload of the court, as, ultimately, effective impact on securing the right to a fair trial within a reasonable time”, — stated in the explanatory Memorandum.