The Plenary Meeting of the Council of Judges was held in Moscow

From the 30th of November till the 2nd of December in Moscow the plenary meeting of the Council of Judges of the Russian Federation was held.

The meeting was attended by the Chairman of the Supreme Court of the Russian Federation V. Lebedev, the Chairman of the Arbitration Court of the Russian Federation A. Ivanov, deputy head of administration – Head of the Department of personnel policy in the judicial system of the Office of the President of the Russian Federation of Public Service and Human Resources N. Suslov, the Chairman of the Supreme Qualification collegium of Judges of the Russian Federation V. Kuznetsov, General Director of the Judicial Department at the Supreme Court of the Russian Federation A. Gusev.

The Chairman of the Supreme Court of the Russian Federation V. Lebedev identified three important areas.

The first one is the observance of reasonable terms of hearing of cases. This issue is given much attention and it is being kept under constant scrutiny and control.

The second one is choosing a measure of restraint as confinement. The Supreme Court of the Russian Federation constantly systematizes and analyzes the issue. Judges should not just formally rewrite the rules established by law but should have actual facts in regard to particular persons. Choosing a measure of restrain is responsible as well as assignment of punishment. It was to make an analysis on this issue quarterly.

The third one is assignment of criminal measures of punishment under criminal law, which was paid attention by the President of the Russian Federation D. Medvedev in President’s Message to Federal Assembly of the Russian Federation in the 2010. The President of the Russian Federation introduced a bill regarding the decriminalization of certain constituent elements of a crime, as well as on the way is a bill regarding the lowest limit of the sanction. Punishment must be not only a punishment for their actions, but should be aimed at reeducation. The assignment of punishment should be rational and should correspond the principle of humanism.

Also, a question of execution of punishment was discussed. The principle of inevitability of punishment does not fully work because not all decrees are performed. It is necessary to work on this issue.

The Chairman of the Supreme Arbitration Court of the Russian Federation A. Ivanov mentioned following issues:

Regarding financing of the Judicial System. He offered to recon expenses on the basis of costs, expired for one case. This will immediately demonstrate financing gap.

The working group should definitely draw up a program of caseload decrease to courts of first instance.

It is necessary to undertake activities oriented to setup of gravitas of courts of the first instance.

A. Ivanov criticized a draft law, prepared by the Ministry of Finance of the Russian Federation, “Regarding amendments to some legislative acts of the Russian Federation to improve the system of remuneration of judges of the Russian Federation”. Provisions of this draft will cause opacity and ant transparency, reduction of the remuneration; this draft does not reconcile indexation. This draft does not correspond the aims, which were initiated by the President of the Russian Federation. The judicial community should prepare its own draft law.

It was offered to amend the Law “ Regarding the Status of judges in the Russian Federation” in a part of capability of payment of retirement pay not only at the time of retrial, but also at the moment of occurrence of the right on it, even under condition of continuing of exercising the powers.

A. Ivanov affecting the problem concerning cases of the recognition of legal experience required for the assignment. Because of different interpretations tt is necessary to develop a unified explanation of this provision and to move it to the law.

It was noted that at the Plenum of the Supreme Arbitration Court of the Russian Federation the draft law “Regarding amendments to the Land Code of the Russian Federation” concerning the seizure of land for public purposes including for the placement of courts.

The General director of the Judicial department at the Supreme Court of the Russian Federation A. Gusev made a presentation. Orienting points of the activity of the Department were orders of the Supreme Court of the Russian Federation and orders of the Council of Judges of the Russian Federation, also aimed at the implementation of decisions of the President of the Russian Federation to improve the functioning of the judiciary. Considerable attention was paid to material and social guarantees for judges and court personnel, the creation of dignified conditions for the course of justice, strengthen the judicial system with highly qualified staff, the organization of training judges and court personnel, training and creation of necessary organizational and technical conditions for the implementation of the Federal Law “Regarding providing of access to information about the activities of courts in the Russian Federation”.

The meeting also reviewed a number of current issues:

- About the draft federal law “Regarding amending certain legislative acts of the Russian Federation to improve the remuneration of judges of the Russian Federation”. Draft, prepared by the Ministry of Finance of the Russian Federation, was not supported. Issues of improving the system of remuneration of judges were considered independent, required detailed study and do not exclude the necessity of timely execution of orders of the President of the Russian Federation, provided by subparagraph “d” of paragraph 1 of the Schedule orders of the President of the Russian Federation on the results of VII All-Russian Congress of Judges;

- About the drafting of methodological recommendations on registration of general courts of stands with legal information;

- About preliminary results of the implementation of the concept of informatization of general courts and system of the Judicial Department and the main aims for the 2011;

- About the Decree of the President of the Russian Federation (September, 20th, 2010) № 1144 “Regarding the military-administrative division of the Russian Federation” and the possible prospects of its implementation as it relates to military tribunals. Concluded that there was no necessity to cite the district (naval) military courts, in accordance with the number of military districts of the Russian Armed Forces;

- Information about establishing of appeal instance in supreme courts of republics, districts and regions, courts of cities with federal status, autonomous region and district courts, district (fleet) military courts;

- About the result of activity of the federal special-purpose program “Development of the judicial system of Russia” for 2007-2012 and “Socio-economic development of the Chechen Republic for 2008 - 2012 years” in so far as it relates to the construction (reconstruction) of court buildings and the analytical departmental special-purpose program “Complex repair of buildings of the federal courts of general jurisdiction in 2008 - 2010 years”;

- About the status of sport and recreation activities, advocacy of healthy lifestyles and creating conditions for physical culture and sports in general courts and the Judicial Department at the Supreme Court of the Russian Federation;

- About establishment of the Commission of the Council of Judges of the Russian Federation.

Authority of of members of the Council of Judges of the Russian Federation from the judges of the Volgograd region, the retired deputy chairman of the Volgograd regional court N. Slepneva and the retired judges of garrison military court, judges of the 94th garrison military court V. Zakharov were halfway terminated upon their initiative.

Within the framework of the plenary meeting of the Council a grand meeting related to the 10th anniversary of the restoration of the judicial system in the Chechen Republic was held. Different awards were presented.

The Council of Judges adopted several of resolutions, which will be published in the section “Resolution”.



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