Federal Constitutional Law on National Flag of the Russian Federation
Federal Constitutional Law on National Anthem of the Russian Federation
Federal Constitutional Law on National Emblem of the Russian Federation
Federal Constitutional Law on the Constitutional Court of the Russian Federation
Russian President Decree on the Wording of the National Anthem of the Russian Federation
Russian President Decree On Heraldic Council at the Russian President
Russian President Decree on State Emblem of the Russian Federation
Russian President Decree on Amending and Supplementing Certain Decrees of the Russian President
December 25, 2000, No. 1-FKZ
Moscow, Kremlin
On National flag of the Russian Federation
It is accepted by the State Duma on December, 8, 2000
It is approved by Council of Federation on December, 20, 2000
Federal Constitutional Law on National Flag of the Russian Federation
The present Federal constitutional law establishes the National flag of the Russian Federation, its description and the order of official use.
Article 1.
The National flag of the Russian Federation is an official state symbol of the Russian Federation.
The national flag of the Russian Federation represents a rectangular panel from three equal horizontal strips: top – white, average – dark blue and bottom – red color. The attitude of width of the flag to its length is 2:3.
Multi-color figure of the National flag of the Russian Federation is placed in the appendix to the present Federal constitutional law.
Article 2.
The National flag of the Russian Federation is lifted constantly on buildings:
Administrations of the President of the Russian Federation;
Council of Federation of Federal Assembly of the Russian Federation;
The State Duma of Federal Assembly of the Russian Federation;
The governments of the Russian Federation;
The constitutional Court of the Russian Federation;
The Supreme Court of the Russian Federation;
The Supreme Arbitration court of the Russian Federation;
The State Office of Public Prosecutor of the Russian Federation;
The central bank of the Russian Federation;
Accounting chamber of the Russian Federation;
Residences of the Representative under human rights in the Russian Federation;
The central selective commission of the Russian Federation.
The National flag of the Russian Federation is lifted constantly (one or together with corresponding flags) on buildings of federal enforcement authorities, on residences of plenipotentiaries of the President of the Russian Federation in federal districts, and also on buildings of bodies of the government of subjects of the Russian Federation.
Article 3.
The National flag of the Russian Federation is hung out on buildings (or rises on masts, flagstaffs) institutions of local government, public associations, the enterprises, establishments and the organizations irrespective of patterns of ownership, and also on apartment houses in days of the state holidays of the Russian Federation.
The National flag of the Russian Federation rises on:
Buildings of diplomatic representatives, consular establishments, residences of chapters of diplomatic representatives and consular establishments when it is connected to performance by the specified persons of official duties, and also on buildings of other official representations of the Russian Federation outside the Russian Federation, including official representations of the Russian Federation at the international organizations, – according to norms of international law, rules of a diplomatic protocol and traditions of a host country;
The courts brought in one registers of courts of the Russian Federation, – as a fodder flag;
The towing courts leading others of court or rafts, – on rostrum a flagstaff or gaff. A vessel, floating under state or a national colors of the foreign state, should at navigation in internal waters of the Russian Federation or during parking in port of the Russian Federation in addition to the flag to lift and carry according to the international sea customs also the National flag of the Russian Federation;
The courts registered in the register of courts of the foreign state and given in using and in possession Russian charterer under the contract of chartering of a vessel without crew (charter-party) to which according to the Code of trading navigation of the Russian Federation the right of navigation under the National flag of the Russian Federation is temporarily given;
The military ships and courts – according to the Ship charter;
The auxiliary courts of Navy fleet used as Russian court of the foreign navigation for performance of works outside the Russian Federation, – as a fodder flag.
Article 4.
The National flag of the Russian Federation is established constantly:
In boardrooms of Council of Federation of Federal Assembly of the Russian Federation, the State Duma of Federal Assembly of the Russian Federation, the Government of the Russian Federation, in halls of judicial sessions;
In a study of the President of the Russian Federation and in other premises (rooms) intended for carrying out of solemn actions (ceremonies) with participation of the President of the Russian Federation, in studies of Chairman of Council of Federation of Federal Assembly of the Russian Federation, Chairman of the State Duma of Federal Assembly of the Russian Federation, Chairman of the Government of the Russian Federation, the Head of Administration of the President of the Russian Federation, plenipotentiaries of the President of the Russian Federation in federal districts, Chairman of the Constitutional Court of the Russian Federation, Chairman of the Supreme Court of the Russian Federation, Chairman of the Supreme Arbitration court of the Russian Federation, the General public prosecutor of the Russian Federation, Chairman of the Central bank of the Russian Federation, Chairman of Accounting chamber of the Russian Federation, the Representative under human rights in the Russian Federation, Chairman of the Central selective commission of the Russian Federation, heads of federal enforcement authorities, federal judges, public prosecutors, and also heads of bodies of the government of subjects of the Russian Federation, heads of municipal formations, chapters of diplomatic representatives, consular establishments and other official representations of the Russian Federation outside the Russian Federation, including official representations of the Russian Federation at the international organizations.
Article 5.
The National flag of the Russian Federation is placed on vehicles of the President of the Russian Federation, Chairman of Council of Federation of Federal Assembly of the Russian Federation, Chairman of the State Duma of Federal Assembly of the Russian Federation, Chairman of the Government of the Russian Federation, heads of the state and governmental delegations, chapters of diplomatic representatives, consular establishments and other official representations of the Russian Federation outside the Russian Federation, including official representations of the Russian Federation at the international organizations.
Article 6.
The National flag of the Russian Federation rises (is established) during official ceremonies and other solemn actions spent by federal bodies of the government, bodies of the government of subjects of the Russian Federation and institutions of local government.
The National flag of the Russian Federation can be lifted (is established) during the solemn actions spent by public associations, the enterprises, establishments and the organizations irrespective of patterns of ownership, and also during family celebrations.
The National flag of the Russian Federation daily rises in places of a constant disposition of military units and separate pisions of Armed forces of the Russian Federation other armies and military formations. Ritual of rise of the National flag of the Russian Federation in military units and separate pisions is established by the President of the Russian Federation.
In all cases stipulated by charters of Armed forces of the Russian Federation for carrying out of the Fighting Banner of military unit, the National flag of the Russian Federation attached to a staff is simultaneously taken out. The order of joint carrying out and accommodation of the National flag of the Russian Federation and the Fighting Banner of military unit is defined by the President of the Russian Federation.
Article 7.
In days of mourning in the top part of a staff of the National flag of the Russian Federation the black tape which length is equal to length of a panel of a flag fastens. The National flag of the Russian Federation lifted on a mast (flagstaff), is lowered a little up to half of height of a mast (flagstaff).
During the mourning ceremonies providing to salute of military honors to died (lost) citizen of the Russian Federation, the coffin with a body of the deceased is covered with a panel of the National flag of the Russian Federation. Before burial the panel of the National flag of the Russian Federation is turned off and transferred native (relatives) of the deceased.
Article 8.
Flags of subjects of the Russian Federation, municipal formations, public associations, the enterprises, establishments and the organizations irrespective of patterns of ownership cannot be identical to the National flag of the Russian Federation.
The National flag of the Russian Federation cannot be used as a heraldic basis of flags of subjects of the Russian Federation, municipal formations, public associations, the enterprises, establishments and the organizations irrespective of patterns of ownership.
At simultaneous rise (accommodation) of the National flag of the Russian Federation and a flag of the subject of the Russian Federation, municipal formation, public association or the enterprise, establishment or the organization the National flag of the Russian Federation settles down from the left side from other flag if to stand to them the person; at simultaneous rise (accommodation) of odd number of flags the National flag of the Russian Federation settles down in the center, and at rise (accommodation) of even number of flags (but more than two) – more to the left of the center.
At simultaneous rise (accommodation) of the National flag of the Russian Federation and other flags the size of a flag of the subject of the Russian Federation, municipal formation, public association or the enterprise, establishment or the organization cannot exceed the size of the National flag of the Russian Federation, and the height of rise of the National flag of the Russian Federation cannot be less heights of rise of other flags.
Article 9.
The image of the National flag of the Russian Federation is rendered on air court of the Russian Federation, registered in the State register of civil air courts of the Russian Federation, on military – transport air the court, used for flights for limits of the Russian Federation, and also on the space vehicles started by the Russian Federation, in the order established by the Government of the Russian Federation.
The image of the National flag of the Russian Federation is used as an onboard distinctive sign on the ships, boats and courts of Boundary service of the Russian Federation, and also as a sign of the state belonging of the high-speed courts brought in the State ship register of the Russian Federation or the ship register of the State river navigable inspection on which are given the ship patent, the corresponding ship certificate or the ship ticket.
The image of the National flag of the Russian Federation can be used as an element or a heraldic basis of the state awards of the Russian Federation, and also heraldic signs – emblems and flags of federal enforcement authorities.
Article 10.
Use of the National flag of the Russian Federation with infringement of the present Federal constitutional law, and also violation of the National flag of the Russian Federation entails the responsibility according to the legislation of the Russian Federation.
Article 11.
The present Federal constitutional law inures from the date of its official publication.
The president of the Russian Federation
V.Putin
Moscow, Kremlin
On December, 25, 2000
No. 1-FKZ
December 25, 2000, No. 3-FKZ
Moscow, Kremlin
On National Anthem of the Russian Federation (as amended on March 22, 2001)
Adopted by the State Duma on December 8, 2000
Approved of by the Federation Council on December 20, 2000
Federal Constitutional Law on National Anthem of the Russian Federation
This Federal Constitutional law establishes the National Anthem of the Russian Federation, its description and the official use procedure.
Article 1
Pursuant to Article 70, Russian Constitution, to approve of the music and wording of the Russian National Anthem according to Appendices 1 and 2 hereto.
Article 2
The Russian National Anthem is an official national symbol of the Russian Federation.
The Russian National Anthem represents a musical and poetic work perform in cases envisaged in this Federal Constitutional law.
The Russian National Anthem may be performed in an orchestra, choir, orchestra/choi or any other vocal and instrumental version. In this case, audio and video records as well as TV and radio broadcasting may be used.
The Russian National Anthem must be performed in strict conformity to the approved of musical version and the wording.
Article 3
The Russian National Anthem is performed:
when the Russian President takes office, after the President took oath;
when heads of governmental authorities of the Russian Federation constituents and heads of local authorities take office;
at opening and closure of meetings of the Federation Council of the Russian Federal Assembly and sessions of the State Duma of the Russian Federal Assembly;
during the official ceremony of lifting the National Flag of the Russian Federation and other official ceremonies;
during ceremonies of meeting and seeing off of foreign heads of state, heads of foreign governments, official representatives of foreign states and also heads of inter-governmental and inter-state agencies arriving to the Russian Federation on official visits, according to the diplomatic protocol;
during military rituals, according to the general military charters of the Russian Armed Forces.
The Russian National Anthem may be performed:
when monuments and memorial signs are opened;
when solemn meetings devoted to national holidays of the Russian Federation are opened and closed;
during any other solemn events held by governmental authorities, local authorities and also governmental and non-governmental agencies.
Article 4
The Russian National Anthem is broadcasted by public TV and radio companies:
on a daily basis – before the start and the end of broadcasting, and in case of 24 hour broadcasting, at 6:00 a.m. and 12:00 a.m. local time;
in the New Year night, after broadcasting the striking of the clock at the Spasskaya Tower of the Moscow Kremlin at 12:00 a.m. local time.
Article 5
In holding official events in foreign countries, the Russian National Anthem is performed in accordance with the rules established by the Russian Foreign Ministry, taking into account the traditions of the country of stay.
Article 6
The Russian National Anthem is performed during official ceremonies during sports events in Russia and abroad – according to the rules of these events.
Article 7
During official performance of the Russian National Anthem, those present are listening to it in standing, men do not wear hats.
If performance of the Russian National Anthem is accompanied with raising of the Russian National Flag, those present turn to the flag.
Performance of the Russian National Anthem in military units, military ships and vessels is governed by general military charters of the Russian Federation.
Article 8
The use of the Russian National Anthem in other musical works and other works of art shall only be allowed in such cases and such manner as established by the Russian President.
Article 9
Performance and use of the Russian National Anthem in violation of this Federal Constitutional Law and also desecration of the Russian National Anthem shall entail liability according to Russian law.
Article 10
To propose to the Russian President and to assign the Russian Government, within three months from the date when this Federal Constitutional Law takes effect, to bring their regulations in conformity with this Federal Constitutional law.
Article 11
This Federal Constitutional Law shall inure upon its official publication.
Russian President V. Putin
The wording of the Federal Constitutional Law is published in The Rossiyskaya Gazeta of December 27, 2000, No. 2608, in The Parlamentskaya Gazeta of December 27, 2000, No. 245-246, the Collection of Laws of the Russian Federation of December 25, 2000, No. 52 (Part I), Art. 5022
The Federal Constitutional Law of March 22, 2001, No. 2-FKZ, amended this Federal Constitutional Law
December 25, 2000, No. 2-FKZ
Moscow, Kremlin
On State Emblem of the Russian Federation
Adopted by the State Duma of December 8, 2000
Approved of by the Federation Council on December 20, 2000
Federal Constitutional Law on National Emblem of the Russian Federation
This Federal constitutional law establishes the National Emblem of the Russian Federation, its description and official use procedure.
Article 1
The National emblem of the Russian Federation is an official governmental symbol of the Russian Federation.
The National emblem represents a quadrangular red heraldic shield, with rounded lower angles, acute on edged, with a golden double eagle that raised his unfolded wings. The eagle has two small crowns and a larger one over them; the crowns are connected with a ribbon. The eagle holds a scepter in its right pad and the globe, in its left pad. There is a silver horseman in a blue raincoat on a silver horse, who strikes with a silver spear a knocked down and horse-tread black dragon, which is placed on the chest of the eagle, in the red shield.
Drawings of the Russian National Emblem in multi-colored and a mono-chrome version are placed in Appendices 1 and 2 to this Federal Constitutional Law.
Article 2
Reproduction of the National Emblem of the Russian Federation is allowed without a heraldic shield (as the main figure – a double eagle with the attributes listed in Article 1 of this Federal Constitutional Law) and also in a mono-chrome option.
Article 3
The National Emblem of the Russian Federation in the multi-colored version is placed on letterheads of:
federal constitutional laws and federal laws;
decrees and orders of the Russian President;
resolutions of the Federation Council of the Russian Federal Assembly;
resolutions of the State Duma of the Federal Assembly of the Russian Federation;
resolutions and orders of the Russian Government;
resolutions of the Constitutional Court of the Russian Federation;
resolutions of the Supreme Court of the Russian Federation;
resolutions of the Supreme Arbitration Court of the Russian Federation;
President of the Russian Federation;
Federation Council of the Federal Assembly of the Russian Federation;
State Duma of the Federal Assembly of the Russian Federation;
Government of the Russian Federation;
Constitutional Court of the Russian Federation;
Supreme Court of the Russian Federation;
Supreme Arbitration Court of the Russian Federation.
The National Emblem of the Russian Federation in its mono-chrome version is placed on letterheads of:
the Russian Presidential Administration;
competent representatives of the Russian President in federal districts;
federal executive authorities;
Prosecutor’s Office of the Russian Federation;
Human Rights Commissioner of the Russian Federation;
Counting Board of the Russian Federation;
Central Elective Commission of the Russian Federation;
Central Bank of the Russian Federation.
The mono-chrome version of the National Emblem of the Russian Federation, without a heraldic shield, is placed on letterheads of:
the Inter-Departmental Commission for State Secret Protection;
authorities, agencies and institutions at the Russian President;
authorities, agencies and institutions at the Russian Government;
federal courts;
prosecutor’s offices of the Russian Federation;
diplomatic representative offices; consular departments and other official representative offices of the Russian Federation abroad.
Article 4
The national emblem of the Russian Federation is reproduced on documents identifying a Russian national and on other documents of general national standard, which are issued by the federal government.
The national emblem of the Russian Federation is placed on seals of federal governmental authorities, other governmental authorities, agencies and institutions and also authorities, agencies and institutions irrespective of forms of ownership, vested with inpidual governmental powers.
Article 5
The national emblem of the Russian Federation shall be placed on:
the façade of the building of the official residence of the Russian President;
on facades of buildings of the Federation Council of the Federal Assembly of the Russian Federation, the State Duma of the Federal Assembly of the Russian Federation, the government of the Russian Federation, the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, diplomatic missions, consular departments and other official representative offices of the Russian Federation abroad;
in the study of the Russian President;
in meeting rooms of the Federation Council of the Federal Assembly of the Russian Federation, of the State Duma of the Federal Assembly of the Russian Federation, the Russian Government, the Russian Federation Constitutional Court, he Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation and other federal courts;
in studies of the Chairman of the Federation Council of the Russian Federation Federal Assembly, of the Chairman of the State Duma of the Russian Federation of the Federal Assembly of the Russian Federation, the Chairman of the Russian Government, the Head of the Russian Presidential Administration, authorized representatives of the Russian President to federal districts, the Chairman of the Russian Constitutional Court, the Chairman of the Supreme Court of the Russian Federation, the Chairman of the Supreme Arbitration Court of the Russian Federation, the Prosecutor General of the Russian Federation, the Chairman of the Central Bank of the Russian Federation; the Chairman of the Counting Board of the Russian Federation, the Human Rights Commissioner of the Russian Federation, the Chairman of the Central Elective Commission of the Russian Federation, heads of federal executive authorities, federal judges, prosecutors, as well as heads of governmental authorities of the Russian Federation constituents, heads of municipal entities, diplomatic missions, consular departments and other official representative offices of the Russian Federation abroad, including official representative offices of the Russian Federations at international organizations.
Article 6
The national emblem of the Russian Federation shall be placed on border signs (main border posts) and in the points of passage of the Russian National Border.
Article 7
The national emblem of the Russian Federation shall be placed on:
the flag of the Russian President;
military flags of military units;
flags of federal executive authorities as determined by the Russian President;
military ships of the 1st and 2nd rank, in such manner as established by the Russian President;
The national emblem of the Russian Federation may be placed on:
coins;
governmental awards of the Russian Federation and documents to them;
distinctive signs for graduation from higher governmental educational institutions of professional education.
It is allowed to place the National Emblem of the Russian Federation on distinctive signs and overalls for persons in military or governmental service and also to use the same as a heraldic basis for heraldic signs – emblems of federal executive authorities.
Other cases of use of the National Emblem of the Russian Federation shall be established by the Russian President.
Article 8
Emblems (heraldic signs) of the Russian Federation constituents, municipal entities, public associations, enterprises, institutions and agencies of any work of property whatsoever shall not be identical to the National Emblem of the Russian Federation.
The National Emblem of the Russian Federation may not be used as a heraldic basis of emblems (heraldic signs) of the Russian constituents, municipal entities, public associations, enterprises and organizations.
Article 9
In case of simultaneous placement of the National Emblem of the Russian Federation and an emblem (heraldic sign) of the Russian Federation constituent, municipal entity, public association or enterprise, institution or agency, the National Emblem of the Russian Federation shall be placed on the left to the other emblem (heraldic sign), if we look in the face; in case of simultaneous placement of an odd number of emblems (heraldic signs), the National Emblem of the Russian Federation shall be placed in the center, and in case of placement of an even number of emblems (not more than two), to the left from the center.
In case of simultaneous placement of the National Emblem of the Russian Federation and other emblems (heraldic signs), the size of the emblem (heraldic sign) of the Russian Federation constituent, municipal entity, public association, institution or agency shall not exceed that of the National Emblem of the Russian Federation; in this case, the National Emblem of the Russian Federation shall not be placed lower than other emblems (heraldic signs).
Article 10
The procedure for manufacturing, use, storage or destruction of letterheads, seals and other media with the image of the National Emblem of the Russian Federation shall be established by the Russian Government.
Article 11
The use of the National Emblem of the Russian Federation in violation of this Federal Constitutional Law and also desecration of the National Emblem of the Russian Federation shall entail liability according to Russian law.
Article 12
This Federal Constitutional law shall inure upon its official publication.
Russian President V. Putin
The Federal Constitutional Law inured on the date of its official publication.
The wording of the Federal Constitutional Law, without any attachments, was published in The Rossiyskaya Gazeta on December 27, 2000, No. 244, in The Parlamentskaya Gazeta on December 27, 2000, No. 245-246, in the Collection of Laws of the Russian Federation of December 25, 2000, No. 52 (Part I), Art. 5021.
Federal Constitutional Law
No. 1-FKZ of July 21, 1994
On the Constitutional Court of the Russian Federation
Approved by the State Duma on 24 June 1994
Adopted by the Federation Council on 12 July 1994
SECTION ONE. ORGANIZATION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION AND THE STATUS OF JUDGES
CHAPTER I. GENERAL PROVISIONS
Article 1. Constitutional Court of the Russian Federation – Judicial Body of Constitutional Control
Article 2. Legislation on the Constitutional Court of the Russian Federation
The authorities and procedure for the formation and activity of the Constitutional Court of the Russian Federation shall be determined by the Constitution of the Russian Federation and this Federal Constitutional Law.
Article 3. Authorities of the Constitutional Court of the Russian Federation
For the purposes of defending the foundations of the constitutional order, fundamental human and civil rights and liberties, ensuring the supremacy and direct effect of the Constitution of the Russian Federation in the entire territory of the Russian Federation.
1) resolves cases concerning the conformity to the Constitution of the Russian Federation of:
a) federal laws, normative acts of the President of the Russian Federation, the Federation Council, State Duma and Government of the Russian Federation;
b) the constitutions of republics, charters, and laws and other normative acts of constituent entities of the Russian Federation issued on questions under the jurisdiction of bodies of state authority of the Russian Federation and joint jurisdiction of bodies of state authority of the Russian Federation and bodies of state authority of subjects of the Russian Federation;
c) agreements between bodies of state authority of the Russian Federation and bodies of state authority of constituent entities of the Russian Federation, agreements between bodies of state authority of constituent entities of the Russian Federation;
d) international agreements of the Russian Federation which have not entered into force;
2) resolves disputes concerning competence:
a) between federal bodies of state authority;
b) between bodies of state authority of the Russian Federation and bodies of state authority of constituent entities of the Russian Federation;
c) between the higher state bodies of constituent entities of the Russian Federation;
3) in response to complaints against the violation of constitutional civil rights and liberties and in response to requests from courts tests the constitutionality of law applied or applicable in a specific case;
4) gives interpretations of the Constitution of the Russian Federation;
5) gives conclusions on compliance with the established procedure for accusing the President of the Russian Federation of treason or the commission of another grave crime;
6) exercises legislative initiative on issues within its competence;
7) exercises other authorities granted to it by the Constitution of the Russian Federation, the Federative Agreement and federal constitutional laws; may also be exercise the rights granted to it by the agreements concluded in accordance with Article 11 of the Constitution of the Russian Federation on the delimitation of subjects of management and authorities between bodies of state authority of the Russian Federation and bodies of state authority of constituent entities of the Russian Federation, if those rights do not contravene its legal character and designated purpose as a judicial body of constitutional control.
The Constitutional Court of the Russian Federation shall exclusively address questions of law.
The Constitutional Court of the Russian Federation, during the implementation of constitutional court proceedings, shall refrain from the established and study of actual circumstances in all cases where this is under the competence of other courts or other bodies.
On questions concerning its internal activity, the Constitutional Court of the Russian Federation shall adopt Regulations of the Constitutional Court of the Russian Federation.
Article 4. Composition and the Procedure for the Formation and Term for the Authorities of the Constitutional Court of the Russian Federation
The Constitutional Court of the Russian Federation shall consist of 19 judges, appointed to the position by the Federation Council upon a submission from the President of the Russian Federation.
The Constitutional Court of the Russian Federation shall have the right to carry out its activity in the presence in its composition of not less than three fourths of the total number of judges.
The authorities of the Constitutional Court of the Russian Federation shall not be limited by a specific term.
Article 5. General Principles for the Activity of the Constitutional Court of the Russian Federation
The fundamental principles for the activity of the Constitutional Court of the Russian Federation shall be independence, collegiality, openness, adversarial procedures and the equality of parties.
Article 6. Binding Nature of Decisions of the Constitutional Court of the Russian Federation
Decisions of the Constitutional Court of the Russian Federation are binding throughout the territory of the Russian Federation for all representative, executive and judicial bodies of state authority, bodies of local self-government, enterprises, institutions, organizations, officials, citizens and their associations.
Article 7. Guarantees for the Activity of the Constitutional Court of the Russian Federation
The Constitutional Court of the Russian Federation is independent in organizational, financial and material-technical respects from any other bodies. Financing of the Constitutional Court of the Russian Federation shall be effected at the expense of the federal budges and shall ensure the possibility of independent implementation of constitutional proceedings to the full extent. The federal budget shall annually envisage in a separate line item the funds necessary for supporting the activity of the Constitutional Court of the Russian Federation, which the Constitutional Court of the Russian Federation shall dispose of independently. The budget of expenses of the Constitutional Court of the Russian Federation may not be reduced as compared to the previous financial year.
The Constitutional Court of the Russian Federation shall independently implement informational and staff support for its activity.
Property necessary to the Constitutional Court of the Russian Federation for the performance of its activity and located under its operational management, shall be federal property. The Constitutional Court of the Russian Federation may assign the right of operative management of the aforementioned property to structural subpisions included in the composition of its administration.
No limitation of legal, organizational, financial, informational, material-technical, staff and other conditions for the activity of the Constitutional Court of the Russian Federation established by this Federal Constitutional Law shall be permitted.
CHAPTER II. STATUS OF JUDGES OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION
Article 8. Requirements Made of Candidates for the Post of Judge of the Constitutional Court of the Russian Federation
Citizens who have reached at least the age of 40 as of the day of appointment, with an irreproachable reputation, having a higher legal education and work experience in the legal expression of at least fifteen years, with recognized high qualifications in the sphere of law, may be appointed Judges of the Constitutional Court of the Russian Federation.
Article 9. Procedure for the Appointment to the Post of Judge of the Constitutional Court of the Russian Federation
Proposals on candidates to the posts of judge of the Constitutional Court of the Russian Federation may be submitted to President of the Russian Federation by members (deputies) of the Federation Council and deputies of the State Duma, as well as the legislative (representative) bodies of constituent entities of the Russian Federation, supreme court bodies and federal legal agencies, all-Russia legal societies, legal scientific and educational institutions.
The Federation Council shall consider the question of the appointment to the post of judge of the Constitutional Court of the Russian Federation within fourteen days from the time of receipt of a submission from the President of the Russian Federation.
Each judge of the Constitutional Court of the Russian Federation shall be appointed inpidually to the post by secret ballot. The person appointed to the post of judge of the Constitutional Court of the Russian Federation shall be considered to be the person who has received during voting a majority of the total number of members (deputies) of the Federation Council.
Should a judge leave the composition of the Constitutional Court of the Russian Federation, the submission on the appointment of another person to the vacant position of judge shall be submitted by the President of the Russian Federation to the Federation Council within one month from the day the vacancy forms.
A judge of the Constitutional Court of the Russian Federation whose term of authorities has expired shall continue to fulfil the obligations of judge until the appointment of a new judge to the post or until the adoption of a final decision on a case begun with his participation.
Article 10. Oath of Judges of the Constitutional Court of the Russian Federation
The Chairman of the Federation Council shall, in accordance with the procedure established by the Federation Council, organize the oath for the person appointed to the post of judge of the Constitutional Court of the Russian Federation.
Judges of the Constitutional Court of the Russian Federation shall take the following oath: “I swear to fulfil honestly and conscientiously the obligations of judge of the Constitutional Court of the Russian Federation, and obey only the Constitution of the Russian Federation, and no other thing or person.”
Article 11. Activities and Actions not Compatible with the Position of Judge of the Constitutional Court of the Russian Federation
A judge of the Constitutional Court of the Russian Federation may not be a member (deputy) of the Federation Council, deputy of the State Duma, of other representative bodies, occupy or retain other state or public posts, have a private practice, engage in entrepreneurial or other paid activity, other than teaching, scientific or other creative activity, and such activity must not hinder the performance of obligations as judge of the Constitutional Court of the Russian Federation and may not serve as a legitimate reason for absence at a session, unless the consent of the Constitutional Court of the Russian Federation is given for this.
A judge of the Constitutional Court of the Russian Federation shall not have the right to carry out the defense or representation, other than lawful representation, in a court, arbitration court or other bodies, provide anyone with patronage in obtaining rights or relieving from obligations.
Judges of the Constitutional Court of the Russian Federation may not belong to political parties or movements, support them materially, participate in political actions, conduct political propaganda or agitation, participate in campaigns for elections to bodies of state authority or bodies of local self-government, be present at congresses or conferences of political parties or movements, or engage in other political activity. Judges also may not be a part of the leadership of any public associations, even if they do not have political objectives.
Judges of the Constitutional Court of the Russian Federation shall not have the right in the press or other mass media or before any auditorium to state publicly their opinions on questions that could become a subject of consideration at the Constitutional Court of the Russian Federation, or which is being studied or has been accepted for consideration by the Constitutional Court of the Russian Federation, until the adoption of a decision on that question.
Nothing in this article may be viewed as a limitation of the right of a judge of the Constitutional Court of the Russian Federation to express freely his/her will as a citizen and elector by way of voting at elections and referendum.
Article 12. Term of Authorities of Judges of the Constitutional Court of the Russian Federation
Judges of the Constitutional Court of the Russian Federation shall be appointed to the post for a term of twelve years. The maximum age for occupying the post of judge of the Constitutional Court of the Russian Federation shall be seventy years.
The appointment to the post of judge of the Constitutional Court of the Russian Federation for a second term shall not be permitted.
Judges of the Constitutional Court of the Russian Federation shall be considered to have entered their posts from the time when they take their oath. Their authorities shall terminate on the last day of the month in which the term of their authorities expires or in which they reach seventy years of age.
Article 13. Guarantees of the Independence of Judges of the Constitutional Court of the Russian Federation
The independence of judges of the Constitutional Court of the Russian Federation shall be secured by the fact that they may not be dismissed, by their immunity and the equality of judges rights, as established by this Federal Constitutional Law, the procedure for the suspension and termination judges’ authorities, the right to retirement, the binding nature of the established procedure for constitutional court proceedings, the prohibition of any interference in court activity, the provision to judges of material and social support, and security guarantees, corresponding to their high status.
Material guarantees of the independence of judges of the Constitutional Court of the Russian Federation connected with the payment of their labor, the provision of annual leave, social welfare, provision of housing, and social-household servicing, compulsory state insurance for the life and health of judges, as well as for property owned by them and their families, shall be established as applicable to the corresponding guarantees envisaged by the legislation of the Russian Federation for judges of the other highest federal courts. In cases where other legal acts establish for judges of the Constitutional Court of the Russian Federation different norms which increase the level of their legal protection and material and social protection, the provisions of those acts shall be applicable.
Article 14. Inability to Dismiss Judges of the Constitutional Court of the Russian Federation
Judges of the Constitutional Court of the Russian Federation may not be dismissed.
The authorities of a judge of the Constitutional Court of the Russian Federation may only be terminated or suspended in accordance with the procedure and on the grounds established by this Federal Constitutional Law.
Article 15. Immunity of Judges of the Constitutional Court of the Russian Federation
Judges of the Constitutional Court of the Russian Federation shall have immunity. They may not be brought to criminal or administration liability applied through court proceedings, detained, arrested, subject to search without the consent of the Constitutional Court of the Russian Federation, with the exception of cases of detention at the place of a crime, with the exception where this is envisaged by federal law to ensure the safety of other persons.
A judge of the Constitutional Court of the Russian Federation whose identity could not have been known at the time of detention shall upon the clarification of his/her identity shall be immediately released.
An official who has detained a judge of the Constitutional Court of the Russian Federation at the location of a crime shall notify the Constitutional Court of the Russian Federation of this without delay, and the Constitutional Court must within twenty-four hours adopt a decision to give consent to further imposition of this procedural measure or refusal to give consent.
Judges of the Constitutional Court of the Russian Federation may not be subject to any responsibility, including upon the expiry of their authorities, for opinions expressed thereby at sessions of the Constitutional Court of the Russian Federation, or for decisions adopted by the Constitutional Court of the Russian Federation.
Article 16. Equality of Rights of Judges of the Constitutional Court of the Russian Federation
Judges of the Constitutional Court shall enjoy equal rights.
A judge of the Constitutional Court of the Russian Federation shall have the right of deciding vote on all questions considered in plenary sessions of the Constitutional Court of the Russian Federation or in sessions of a chamber of the Constitutional Court of the Russian Federation of which the judge is a member.
The authorities of the Chairman, the Deputy Chairman and judge-secretary of the Constitutional Court of the Russian Federation shall be established by this Federal Constitutional Law.
Article 17. Suspension of the Authorities of Judges of the Constitutional Court of the Russian Federation
The authorities of judges of the Constitutional Court of the Russian Federation may be suspended in cases where:
1) consent was given by the Constitutional Court of the Russian Federation for the arrest of a judge or to file criminal charges against a judge;
2) a judge, due to the condition of his health, is temporarily unable to perform his duties.
The suspension of the authorities of a judge of the Constitutional Court of the Russian Federation shall be carried out upon a decision of the Constitutional Court of the Russian Federation adopted within one month from the date when grounds for the suspension thereof were discovered.
A judge of the Constitutional Court of the Russian Federation whose authorities have been suspended shall not have the right to participate in sessions of the Constitutional Court of the Russian Federation, nor to send official documents to state bodies and organizations, public associations, officials or citizens or demand any other documents or other information therefrom.
The Constitutional Court of the Russian Federation shall suspend the authorities of a judge until the grounds for the suspension no longer exist The restoration of authorities of the judge shall be executed as a decision of the Constitutional Court of the Russian Federation, with the exception of the case envisaged in clause 2 of part one of this Article.
The suspension of the authorities of a judge of the Constitutional Court of the Russian Federation shall not give rise to a suspension of payment of salary to that judge and shall not strip the judge of the guarantees established by this Federal Constitutional Law.
Article 18. Termination of the Authorities of Judges of the Constitutional Court of the Russian Federation
The authorities of a judge of the Constitutional Court of the Russian Federation shall be terminated by virtue of:
1) a violation of the procedure for its appointment to the post of judge of the Constitutional Court of the Russian Federation, as established by the Constitution of the Russian Federation and this Federal Constitutional Law;
2) expiration of the term of authorities of the judge or the judge reaching the maximum permissible age for the post;
3) personal written application from the judge on retirement prior to reaching the maximum permissible age for the post;
4) loss of Russian citizenship by the judge;
5) a guilty sentence handed down against the judge, which has entered into lawful force;
6) commission by the judge of an action which compromises the honor and dignity of a judge;
7) continuation by the judge, despite a warning from the Constitutional Court of the Russian Federation, of engaging in activities or committing actions not compatible with his office;
8) the judge’s failure to participate in sessions of the Constitutional Court of the Russian Federation or evasion of voting more than two times in a row without legitimate reasons;
9) declaration of a judge as being incapable by a court decision which has entered into lawful force;
10) declaration of a judge as missing by a court decision which has entered into lawful force;
11) announcement that the judge has died by a court decision which has entered into lawful force;
12) the death of the judge.
The authorities of a judge of the Constitutional Court of the Russian Federation may also be terminated by virtue of incapacity for health or other legitimate reasons over the course of an extended time (no less than 10 months in a row) to fulfil the duties of a judge.
The termination of the authorities of a judge of the Constitutional Court of the Russian Federation shall be implemented by a decision of the Constitutional Court of the Russian Federation, which shall be sent to the President of the Russian Federation and to the Federation Council and shall be the official notification of the opening of the vacancy.
Termination of the authorities of a judge of the Constitutional Court of the Russian Federation on the grounds indicated in clause 1 of part one of this Article shall be carried out by the Federation Council upon a submission from the Constitutional Court of the Russian Federation.
The termination of the authorities of a judge of the Constitutional Court of the Russian Federation on the grounds indicated in clause 6 of part one of this Article shall be carried out by the Federation Council upon a submission from the Constitutional Court of the Russian Federation adopted by a two-thirds majority of the total number of judges.
Article 19. Retirement of Judges of the Constitutional Court of the Russian Federation
A judge shall be considered to have retired or been dismissed if his/her authorities were terminated on the grounds envisaged in clauses 2, 3 or 9 of part one or part two of Article 18 of this Federal Constitutional Law.
A judge of the Constitutional Court of the Russian Federation who is in retirement and has work experience as a judge of at least fifteen years, irrespective of the judge’s age, shall be paid, at the judge’s discretion, a pension or untaxed monthly lifetime support in the amount of eighty percent of the monetary remuneration of a working judge of the Constitutional Court of the Russian Federation. In this respect, the time of prior work in the legal profession shall be calculated in the work experience giving the right to receive monthly lifetime support.
The procedure for the allocation and payment of monthly lifetime support shall be established by the Government of the Russian Federation upon a submission from the Constitutional Court of the Russian Federation. Funds to support judges of the Constitutional Court of the Russian Federation in retirement with monthly lifetime support shall be allocated from the federal budget.
Other provisions on the state of a judge in retirement which are established by the legislation of the Russian Federation shall extend to a retired judge of the Constitutional Court of the Russian Federation.
CHAPTER III. STRUCTURE AND ORGANIZATION OF THE ACTIVITY OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION
Article 20. Organizational Forms for Constitutional Court Proceedings
The Constitutional Court of the Russian Federation shall consider and decide cases in plenary sessions and sessions of chambers of the Constitutional Court of the Russian Federation.
The Constitutional Court of the Russian Federation shall consist of two chambers, comprising, respectively, ten and nine judges of the Constitutional Court of the Russian Federation. The composition of the chambers shall be determined by drawing lots, the procedure for which shall be established by the Regulations of the Constitutional Court of the Russian Federation.
All judges of the Constitutional Court of the Russian Federation shall participate in plenary sessions, and in sessions of the chambers – the judges included in the composition of the corresponding chamber.
The Chairman and Deputy Chairman of the Constitutional Court of the Russian Federation may not be in the composition of one and the same chamber.
The composition of the chambers must not remain unchanged for more than three years in a row.
The sequence for the performance by judges included in the composition of a chamber, of the authorities of presiding judge at its sessions shall be determined at the session of the chamber.
Article 21. Questions to be Examined in Plenary Sessions of the Constitutional Court of the Russian Federation
The Constitutional Court of the Russian Federation shall have the right to examine in a plenary session any question included in the competence of the Constitutional Court of the Russian Federation.
The Constitutional Court of the Russian Federation shall exclusively in plenary sessions:
1) examine cases on the conformity to the Constitution of the Russian Federation of constitutions of republics and charters of constituent entities of the Russian Federation;
2) give interpretations of the Constitution of the Russian Federation;
3) give conclusions on compliance to the established procedure for accusing the President of the Russian Federation of treason or the commission of another grave crime;
4) adopt addresses of the Constitutional Court of the Russian Federation;
5) decide whether to use the right of legislative initiative for issues under its competence.
The Constitution Court of the Russian Federation in plenary sessions shall also:
1) elect the Chamber, the Deputy Chamber and judge-secretary of the Constitutional Court of the Russian Federation;
2) form the compositions of the chambers of the Constitutional Court of the Russian Federation;
3) adopt Regulations of the Constitutional Court of the Russian Federation and introduce amendments and additions to it;
4) establish the priority for the consideration of cases at plenary sessions of the Constitutional Court of the Russian Federation, as well as distribute cases between the chambers;
5) adopt decisions on the suspension or termination of the authorities of a judge of the Constitutional Court of the Russian Federation, as well as on the premature dismissal from their posts of the Chairman, Deputy Chairman or judge-secretary of the Constitutional Court of the Russian Federation.
Article 22. Questions to be Examined in Sessions of Chambers of the Constitutional Court of the Russian Federation
The Constitutional Court of the Russian Federation in sessions of chambers shall resolve cases classified as under the competence of the Constitutional Court of the Russian Federation and not subject to consideration exclusively in plenary sessions pursuant to this Federal Constitutional Law.
The Constitutional Court of the Russian Federation shall in session of chambers:
1) resolve cases concerning conformity to the Constitutional Court of:
a) federal laws, normative acts of the President of the Russian Federation, the Federation Council, the State Duma and the Government of the Russian Federation;
b) laws and other normative acts of constituent entities of the Russian Federation published on issues classified as under the competence of bodies of state authority of the Russian Federation and joint jurisdiction of bodies of state authority of the Russian Federation and bodies of state authority of constituent entities of the Russian Federation;
c) agreements between bodies of state authority of the Russian Federation and bodies of state authority of constituent entities of the Russian Federation, agreements between bodies of state authority of constituent entities of the Russian Federation; and
d) international agreements of the Russian Federation which have not entered into force;
2) resolve disputes concerning the competence of:
a) between federal bodies of state authority;
b) between bodies of state authority of the Russian Federation and bodies of state authority of constituent entities of the Russian Federation;
c) between higher state bodies of constituent entities of the Russian Federation;
3) in response to complaints against the violation of constitutional civil rights and liberties and in response to requests of courts verify the constitutionality of laws applied or subject to application in a specific case.
Article 23. Election of the Chairmen, Deputy Chairman and Judge-secretary of the Constitutional Court of the Russian Federation
At a plenary session of the Constitutional Court of the Russian Federation judges shall by secret vote elect from its composition with a majority of the total number of votes on an inpidual basis for a term of three years a Chairman, Deputy Chairman and judge-secretary of the Constitutional Court of the Russian Federation.
The Chairman, Deputy Chairman and judge-secretary of the Constitutional Court of the Russian Federation upon the expiry of the term of their authorities may be elected to a new term.
The Chairman, Deputy Chairman and judge-secretary of the Constitutional Court of the Russian Federation may using a personal written statement may decline these authorities. The declination of authorities shall be stated in a decision of the Constitutional Court of the Russian Federation.
At the initiative of at least five judges of the Constitutional Court of the Russian Federation who believe that the Chairman, Deputy Chairman of judge-secretary of the Constitutional Court of the Russian Federation are unscrupulously fulfilling their obligations or abusing their rights, the question may be raised as to their premature removal from the corresponding post. The question of premature removal of the aforementioned persons from their posts shall be decided by a two-thirds majority of the total number of judges of the Constitutional Court o the Russian Federation in secret voting.
In the event that the post of Chairman, Deputy Chairman or judge-secretary of the Constitutional Court of the Russian Federation becomes vacant, new elections shall be conducted within two months from the day when the vacancy opens, in accordance with the procedure established in this Article. Upon the expiry of the term of authorities, the aforementioned officials shall continue to perform their duties until new elections are held.
Article 24. Chairman of the Constitutional Court of the Russian Federation
The Chairman of the Constitutional Court of the Russian Federation shall:
1) oversee the preparation of plenary sessions of the Constitutional Court of the Russian Federation, convene them and preside over them;
2) submit for discussion by the Constitutional Court of the Russian Federation questions subject to consideration at plenary sessions and sessions of the chambers;
3) represent the Constitutional Court of the Russian Federation in relations with state bodies and organizations, public associations, and upon authorization of the Constitutional Court of the Russian Federation make statements on its behalf;
4) carry out the general management of the administration of the Constitutional Court of the Russian Federation, present for approval by the Constitutional Court of the Russian Federation the candidatures of directors of the Secretariat of the Constitutional Court of the Russian Federation and other subpisions of the administration, other services of the Constitution Court of the Russian Federation, as well as the Statute on the Secretariat of the Constitutional Court of the Russian Federation and the staff list of the administration;
5) exercise other authorities in accordance with this Federal Constitutional Law and the Regulations of the Constitutional Court of the Russian Federation.
The Chairman of the Constitutional Court of the Russian Federation issues orders and directives.
Article 25. Temporary Performance of the Duties of the Chairman of the Constitutional Court of the Russian Federation
In all cases where the Chairman of the Constitutional Court of the Russian Federation is not able to perform his/her duties, they shall be temporarily performed by the Deputy Chairman of the Constitutional Court of the Russian Federation.
In the event that the Deputy Chairman is unable to perform the duties of Chairman of the Constitutional Court of the Russian Federation, the temporary performance of those duties shall be assigned, respectively, to the judge-secretary of the Constitutional Court of the Russian Federation, to the judge with the greatest work experience as a judge of the Constitutional Court of the Russian Federation, and, where work experience is equal – to the eldest judge of the Constitutional Court of the Russian Federation.
Article 26. Deputy Chairman of the Constitutional Court of the Russian Federation
The Deputy Chairman of the Constitutional Court of the Russian Federation shall perform with the authorization of the Chairman of the Constitutional Court of the Russian Federation certain of the latter’s functions, and also performs his/her duties, as assigned to him/her by the Constitutional Court of the Russian Federation.
Article 27. Judge-secretary of the Constitutional Court of the Russian Federation
The judge-secretary of the Constitutional Court of the Russian Federation shall:
1) carry out the direct management of the work of the administration of the Constitutional Court of the Russian Federation;
2) organizationally ensure preparation and conducting of sessions of the Constitutional Court of the Russian Federation;
3) promulgate to corresponding bodies, organizations and persons the decisions adopted by the Constitutional Court of the Russian Federation, and shall inform the Constitutional Court of their implementation;
4) organize informational support for judges of the Constitutional Court of the Russian Federation;
5) exercise other authorities in accordance with this Federal Constitutional Law and the Regulations of the Constitutional Court of the Russian Federation.
Article 28. Regulations of the Constitutional Court of the Russian Federation
The Regulations of the Constitutional Court of the Russian Federation, on the basis of the Constitution of the Russian Federation and this Federal Constitutional Law, shall establish: the procedure for determining the composition of the chambers of the Constitutional Court of the Russian Federation; the procedure for the distribution of cases between them; the procedure for determining the priority for the consideration of cases at plenary sessions and at sessions of the chambers; certain rules on procedure and etiquette at sessions; special considerations for proceedings at the Constitutional Court of the Russian Federation; requirements of employees of the administration of the Constitutional Court of the Russian Federation; other questions concerning the internal activity of the Constitutional Court of the Russian Federation.
SECTION TWO. GENERAL RULES OF PROCEDURE IN THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION
CHAPTER IV. PRINCIPLES OF CONSTITUTIONAL COURT PROCEEDINGS
Article 29. Independence
Judges of the Constitutional Court of the Russian Federation are independent and shall take guidance in the exercise of their authorities solely from the Constitution of the Russian Federation and this Federal Constitutional Law.
In their activity judges of the Constitutional Court of the Russian Federation shall act inpidually and shall not represent any state or public bodies, political parties or movements, state, public, other enterprises, institutions or organizations, officials, state or territorial formations, nations or social groups.
Decisions and other acts of the Constitutional Court of the Russian Federation shall express the legal position of judges which conforms to the Constitution of the Russian Federation and is free from political convictions.
Judges of the Constitutional Court of the Russian Federation shall adopt decisions under conditions excluding the possibility of outside influence on freedom of their expression of intention. They shall not be permitted to request or receive from anyone any instructions with respect to issues accepted for preliminary study or examined by the Constitutional Court of the Russian Federation.
No interference in the activity of the Constitutional Court of the Russian Federation shall be permitted and shall give rise to the liability stipulated by law.
Article 30. Confidentiality
The consideration of cases and issues and the adoption of decisions thereon shall be carried out by the Constitutional Court collegially. The decision shall be adopted solely by those judges who participated in the consideration of the case in a court hearing.
The Constitutional Court of the Russian Federation shall be authorized to adopt decisions at plenary sessions with a quorum of two thirds of the total number of judges, and at a session of a chamber – with a quorum of three quarters of its composition.
In determining quorum, judges removed from participation in the consideration of a case and judges whose authorities have been suspended shall not be taken into account.
Article 31. Openness
The examination of cases at sessions of the Constitutional Court of the Russian Federation shall be open. The conducting of closed sessions shall be permitted only where envisaged by this Federal Law. Decisions adopted at both open and closed sessions shall be announced publicly.
Article 32. Oral Proceedings
Proceedings at sessions of the Constitutional Court of the Russian Federation shall be oral. During the consideration of cases the Constitutional Court of the Russian Federation shall hear the explanations of the parties, testimony of experts and witnesses, and shall disclose available documents.
At a session of the Constitutional Court of the Russian Federation documents which were presented for review to the judges and parties or the content of which was stated at the session for that case need not be disclosed.
Article 33. Language of Constitutional Court Proceedings
Proceedings at the Constitutional Court of the Russian Federation shall be conducted in the Russian language.
Participants in proceedings who do not know Russian shall be provided with the right to give explanations in another language and use the services of an interpreter.
Article 34. Continuity of Court Sessions
The session of the Constitutional Court of the Russian Federation for each case shall occur without interruption, with the exception of the time allocated for rest or necessary for the preparation of participants of the proceedings for further proceedings, as well as for the elimination of circumstances hindering the normal course of the session.
The Constitutional Court of the Russian Federation, prior to the adoption of a decision on a case being examined in a plenary session, or until the delay of the hearing thereof, may not consider other cases in a plenary session.
A chamber of the Constitutional Court of the Russian Federation, until the adoption of a decision on a case being considered or until the delay of its hearing, may not examine other cases classified by this Federal Constitutional Law to the competence of this chamber.
The examination of other cases in sessions of the chambers shall be possible prior to the adoption of a decision on a case being considered in a plenary session of the Constitutional Court of the Russian Federation. The examination of other cases in a plenary session shall be possible prior to the issue of a decision on a case being examined in a session of a chamber.
Article 35. Adversarial Nature and Equality of Parties
The parties shall enjoy equal rights and opportunities to support their positions on the basis of adversarial principles in a session of the Constitutional Court of the Russian Federation.
CHAPTER V. PETITIONS TO THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION
Article 36. Grounds and Bases for the Examination of Cases at the Constitutional Court of the Russian Federation
The ground for the examination of a case in the Constitutional Court of the Russian Federation shall be a petition to the Constitutional Court of the Russian Federation in the form of a request, application or complaint, conforming to the requirements of this Federal Constitutional Law.
The ground for the examination of a case shall be a discovered uncertainty as to the conformity to the Constitutional Court of the Russian Federation of a law, other normative act, agreement between bodies of state authority, international agreement which has not entered into force, or discovered contradiction in the positions of the parties with respect to the assignment of an authority in disputes concerning jurisdiction, or discovered uncertainty in the understanding of provisions of the Constitution of the Russian Federation, or the State Duma accusing the President of the Russian Federation of treason or the commission of another grave crime.
Article 37. General Requirements for Petitions
Petitions shall be sent to the Constitutional Court of the Russian Federation in writing and shall be signed by an authorized person(s).
The following must be indicated:
1) The Constitutional Court of the Russian Federation as the body to which the petition is being sent;
2) the name of the petitioner (in a complaint by a citizen – the surname, name and patronymic); address and other data on the petitioner;
3) necessary data on the representative of the petitioner and his authorities, except where the representation is carried out based on office;
4) the name and address of the state body which issued the act subject to verification, or participating in a dispute on competence;
5) the norms of the Constitution of the Russian Federation and this Federal Constitutional Law which give the right to petition the Constitutional Court of the Russian Federation;
6) the exact name, number, date of adoption, the publication source and other data on the act subject to verification, on the provision of the Constitution subject to interpretation;
7) the specific grounds indicated in this Federal Constitutional Law for the examination of the petition of the Constitutional Court of the Russian Federation;
8) the position of the petitioner on the question posed by him and its legal basis, with a reference to the corresponding norms of the Constitution of the Russian Federation;
9) the demand filed in connection with the request, application or complaint to the Constitutional Court of the Russian Federation;
10) the list of documents attached to the petition.
Article 38. Documents Attached to Petitions
The following shall be attached to petitions sent to the Constitutional Court of the Russian Federation:
1) the text of the act subject to verification, or of the provision of the Constitution of the Russian Federation to be interpreted; 2) power of attorney or other document confirming the authorities of the representative, except where the representation is carried out on the basis of office, and copies of documents confirming the person’s right to act in the Constitutional Court of the Russian Federation as a representative;
3) a document confirming payment of state duty;
4) a translation into Russian of all documents and other materials set forth in another language.
Lists of witnesses and experts suggested to be called to a session of the Constitutional Court of the Russian Federation, as well as other documents and materials, may be attached to a petition.
The petition and documents and other materials attached thereto in accordance with part one of this article shall be presented to the Constitutional Court of the Russian Federation with thirty copies. Citizens shall submit necessary documents with three copies.
Article 39. State Duty
Petitions to the Constitutional Court of the Russian Federation shall be paid for by state duty:
request and application – in the amount of fifteen minimum monthly wages;
a complaint from a legal entity – in the amount of fifteen minimum monthly wages;
a complaint from a citizen – in the amount of one minimum monthly wage.
The Constitutional Court of the Russian Federation may decide to exempt a citizen, with account taken of his/her material standing, from payment of state duty or to reduce its amount.
Requests of courts, requests on the interpretation of the Constitution of the Russian Federation, applications of the President of the Russian Federation for disputes on competence when he is not a party in those disputes, requests to issue a conclusion on compliance with the established procedure for accusing the President of the Russian Federation of treason or the commission of another grave crime shall not be paid by with sate duty.
State duty shall be refunded in cases where a petition was not accepted for consideration.
CHAPTER VI. PRELIMINARY CONSIDERATION OF PETITIONS
Article 40. Consideration of Petitions by the Secretariat of the Constitutional Court of the Russian Federation
Petitions received to the Constitutional Court of the Russian Federation shall be subject to compulsory registration.
In cases where a petition:
1) clearly is not under the jurisdiction of the Constitutional Court of the Russian Federation;
2) based on its format does not conform to the requirements of this Federal Constitutional Law;
3) originates from an improper body or person;
4) is not paid for by state duty, unless otherwise established by this Federal Constitutional Law, the Secretariat of the Constitutional Court of the Russian Federation shall inform the applicant of the non-conformity of his petition to the requirements of this Federal Constitutional Law. The applicant shall have the right to demand the adoption by the Constitutional Court of a decision on that question.
The applicant, after the elimination of the shortcomings indicate in clauses 2 and 4 of part two of this Article, shall have the right to re-send the petition to the Constitutional Court of the Russian Federation.
In the event that a petition is clearly not under the jurisdiction of the Constitutional Court of the Russian Federation, the Secretariat of the Constitutional Court of the Russian Federation may send it to state bodies or organizations competent to decide the questions stated therein.
Article 41. Preliminary Study of Petitions by Judges of the Constitutional Court of the Russian Federation
The Chairman of the Constitutional Court of the Russian Federation shall, in accordance with the procedure established by the Constitutional Court of the Russian Federation, assign to one or several judges the preliminary study of the petition, which must be completed within two months from the time of the registration of the petition. The preliminary study of a petition by a judge (judges) shall be a compulsory stage of proceedings in the Constitutional Court of the Russian Federation.
A conclusion of a judge (judges) of the Constitutional Court of the Russian Federation based on the results of preliminary study of a petition shall be reported in a plenary session of the Constitutional Court of the Russian Federation.
Article 42. Acceptance of Petitions for Consideration
A decision to accept a petition for consideration must be adopted by the Constitutional Court in a plenary session within one month from the time of the conclusion of the preliminary study of the petition by a judge (judges).
The parties shall be notified of the decision adopted by the Constitutional Court of the Russian Federation.
In urgent situations, the Constitutional Court of the Russian Federation may petition relevant bodies and officials with a proposal to suspend the effect of a disputed act or the process of the entry into force of an international agreement of the Russian Federation until the completion of the consideration of the case by the Constitutional Court of the Russian Federation.
Article 43. Refusal to Accept Petitions for Consideration
The Constitutional Court of the Russian Federation shall adopt a decision to refuse to accept a petition for consideration in cases where:
1) resolution of an issue stated in a petition, which is not under the jurisdiction of the Constitutional Court of the Russian Federation;
2) a petition is not permissible in accordance with the requirements of this Federal Constitutional Law;
3) for the subject of the position the Constitutional Court of the Russian Federation had previously issued a ruling which has retained its force.
In the event that an act whose constitutionality is disputed was revoked of lost force by the beginning of or during the consideration of a case, proceedings begun by the Constitutional Court of the Russian Federation may be terminated, except where the effect of that act violated the constitutional rights and liberties of citizens.
Article 44. Withdrawal of Petitions
A petition to the Constitutional Court of the Russian Federation may be withdrawn by the applicant prior to the commencement of the consideration of the case at a session of the Constitutional Court of the Russian Federation. In the event that a petition is withdrawn, proceedings on the case shall be terminated.
CHAPTER VII. GENERAL PROCEDURAL RULES FOR THE CONSIDERATION OF CASES AT THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION
Article 45. Convocation of Sessions
Plenary sessions of the Constitutional Court of the Russian Federation shall be convened by the Chairman of the Constitutional Court of the Russian Federation, and session of the chamber – by the presiding judge in the chamber.
Article 46. Procedure for the Consideration of Questions at Plenary Sessions and Sessions of Chambers
At plenary sessions of the Constitutional Court of the Russian Federation and at sessions of its chambers, unless otherwise established by this Federal Constitutional Law or the Rules of the Constitutional Court of the Russian Federation, a unified procedure for the consideration of questions shall be used.
Article 47. Scheduling of Cases for Hearings
Decisions to schedule cases for hearings at a plenary session of the Constitutional Court of the Russian Federation or in sessions of chambers shall be adopted by the Constitutional Court of the Russian Federation in a plenary session within one month from the acceptance of the petitions for consideration. Such decisions shall indicate the priority for hearing the cases.
Article 48. Combination of Cases
The consideration of each case shall form the subject of a special session. The Constitutional Court of the Russian Federation may combine in one set of proceedings cases under petitions concerning one and the same subject.
Article 49. Preparation of Cases for Hearings
In order to prepare a case for a hearing, compose a draft decision of the Constitutional Court of the Russian Federation and set forth materials in a session, the Constitutional Court of the Russian Federation shall appoint one or several judges to give reports.
During the study of the petition and preparation of the case of hearing, the judge giving the report may in accordance with the powers of the Constitutional Court of the Russian Federation demand necessary documents and other materials, order the performance of audits, investigations, expert reviews, obtain advice from specialists or send requests. The judge giving the report and the presiding judge at the session shall determine the which persons to invite or call to the session, give instructions on the notification of the place and time of the session, and also to send necessary materials to participants in the process.
Article 50. Requirements of the Constitutional Court of the Russian Federation
Demands of the Constitutional Court of the Russian Federation for the provision of texts of normative and other legal acts, documents and copies thereof, cases, information and other materials; for the witnessing of documents and texts of normative acts; for the conducting of audits, research, expert review; for the establishment of certain circumstances; for the invitation of specialists; for the issue of clarifications, advice and for the drafting of professional opinions on the cases under consideration are compulsory for all bodies, organizations and persons to which they are addressed. Demands of the Constitutional Court of the Russian Federation must be considered and the response based on the results of the consideration thereof must be sent to the Constitutional Court of the Russian Federation within one month from the day when those requirements were received, unless another term is indicated by the Constitutional Court of the Russian Federation.
Expenses connected with the performance by state bodies and organizations of the requirements of the Constitutional Court of the Russian Federation shall be borne by those bodies and organizations. Expenses of other organizations and persons shall be compensated using funds from the federal budget in accordance with the procedure established by the Government of the Russian Federation.
A refusal or evasion of consideration or performance, violation of the terms for consideration or performance, failure to perform or improper performance of requirements of the Constitutional Court of the Russian Federation, as well as intentionally misleading it, shall give rise to the liability established by the legislation of the Russian Federation.
Article 51. Sending of Materials. Notification of Sessions
Notifications concerning sessions of the Constitutional Court of the Russian Federation, copies of petitions and received responses to them, and, where necessary, other documents, shall be sent to judges and participants in proceedings within 10 days from the beginning of the session. In this respect, responses to petitions shall be sent within the specified term only if they were received two weeks prior to the beginning of the session.
Announcements on sessions of the Constitutional Court of the Russian Federation shall be placed in places in the building occupied thereby which are accessible to citizens, as well as in the mass media.
Article 52. Participants in Proceedings
Participants in proceedings at the Constitutional Court of the Russian Federation shall be considered to be parties, their representatives, witnesses, experts and translators.
Article 53. Parties and Their Representatives
The parties in Constitutional Court proceedings shall be:
1) applicants – the bodies or persons which have sent a petition to the Constitutional Court of the Russian Federation;
2) bodies or officials which have issued or signed the act whose constitutionality is subject to verification;
3) state bodies whose competence is disputed.
Representatives of the parties based on office may be: a director of a body who has signed a petition to the Constitutional Court of the Russian Federation, a director of the body which issued the disputed act or is participating in a dispute on competence, the official who signed the disputed act, any member (deputy) of the Federation Council or deputy of the State Duma from among those who petitioned with the request. Representatives of the parties may also be lawyers or persons holding an academic degree in a legal field whose authorities are confirmed by corresponding documents. Each of the parties may have no more than three representatives.
The parties shall hold equal procedural rights. The parties and their representatives shall have the right to review the materials of the case, state their position on the case, ask question to other participants in the proceedings, make motions, including to have a judge disqualified. A party may present to the petition written responses subject to inclusion in the materials of the case, and to review the responses of the other party.
Parties or their representatives must appear when called by the Constitutional Court of the Russian Federation, give explanations and respond to questions. The failure of a party or its representative to appear at a session of the Constitutional Court of the Russian Federation shall not hinder the examination of a case, except where the party applies for the consideration of the case with its participation and confirms the legitimate reason for its absence.
Article 54. Open Sessions
Sessions of the Constitutional Court of the Russian Federation shall be conducted openly, except where envisaged by this Federal Constitutional Law. Those present shall have the right to record the course of a session from the places occupied thereby. In this respect, cinematic and photographic recording, video-taping, and direct radio and television transmission of a session may be permitted with the consent of the Constitutional Court of the Russian Federation.
The chairman of the Constitutional Court of the Russian Federation, with the consent of the Constitutional Court of the Russian Federation, may instruct, in order to ensure the safety of those present at a session of the Constitutional Court of the Russian Federation, that an inspection of persons wishing to be present at the session be conducted, including inspections of identification papers, as well as inspection of items being brought into the hall and personal inspection.
Those present in the hall of the session must be respectful of the Constitutional Court of the Russian Federation and the rules and procedures adopted thereby, and obey the instructions of the presiding judge concerning observance of the procedure of the session.
Keeping order at sessions of the Constitutional Court of the Russian Federation shall be assigned court bailiffs, whose demands shall be binding for all those present.
A person who disrupts order at a session or does not obey a lawful order of the presiding judge may be removed from the hall after a warning. The presiding judge, with the consent of the Constitutional Court of the Russian Federation, may remove the public after a warning if it permits a disruption of order which interferes in the normal course of the session.
The Constitutional Court of the Russian Federation may subject a person disrupting order at a session or failing to obey an instruction of the presiding judge to a fine of up to ten minimum monthly wages.
Article 55. Closed Sessions
The Constitutional Court of the Russian Federation may schedule a closed session where this is necessary to protect a secret protected by law, or to ensure the safety of citizens or preserve public morality.
Closed sessions shall be attended by judges of the Constitutional Court of the Russian Federation, parties and their representatives. The possibility of the presence of other participants in the process and employees of the Secretariat of the Constitutional Court of the Russian Federation who directly provide for the normal functioning of the session shall be determined by the presiding judge with the agreement of the judges.
Cases in closed sessions shall be examined in compliance with general rules for Constitutional Court proceedings.
Article 56. Removal of a Judge from Participation in the Consideration of a Case
A judge of the Constitutional Court of the Russian Federation shall be removed from participation in the consideration of a case where:
1) the judge previously, but virtue of his/her official position, participated in the adoption of an act which is the subject of consideration;
2) the objectivity of the judge in the examination of the case may be subject to doubt by virtue of his/her family or marital relations with representatives of the parties.
A judge of the Constitutional Court of the Russian Federation must, in the presence of the circumstances indicated in part one of this article, recuse him-/herself prior to the beginning of the hearing of the case.
The removal of a judge of the Constitutional Court of the Russian Federation from participation in the case shall be implemented as a motivated decision of the Constitutional Court of the Russian Federation adopted by a majority of the number of judges present after hearing the judge whose removal is to be decided.
Article 57. Schedule of Sessions
At the appointed time the presiding judge, having ascertained the presence of quorum, shall open the session of the Constitution Court of the Russian Federation and announce which case is to be considered.
The presiding judge shall ascertain the appearance of participants in the process, and verify the authorities of the parties’ representatives. In the event that any of the participants in the process fail to appear or the absence for a representative of duly executed authorities, the presiding judge shall pose the question of the possibility of considering the case. In the event that the Constitutional Court of the Russian Federation declares that it is not possible to consider the case, it shall be delayed.
The presiding judge shall explain to the parties and their representatives their rights and obligations, and to other participants in the process – their rights, obligations and responsibility.
Article 58. Presiding Judge at Sessions
The presiding judge at sessions of the Constitutional Court of the Russian Federation shall lead sessions, taking necessary measures to ensure the established order for proceedings, its fullness and universality, recording of the proceedings and their results; remove from the proceedings everything that bears no relation to the case under consideration; allow judges and participants in the process to speak; interrupt speeches of participants in the process if they concern issues not bearing a relation to the proceedings, strip them of the right to speak in the event of a willful violation thereby of the sequence for statements, the failure twice to comply with the demands of the presiding judge, the use of rude or offensive expressions, or the pronouncement of assertions or calls punishable by law.
Objections by any of the participants of the process to the orders and actions of the presiding judge shall be recorded in the protocol of the session. Orders and actions by the presiding judge may be, at the suggestion of the party or any of its judges, reviewed by the Constitutional Court of the Russian Federation at the same session.
Article 59. Keeping of Protocols
At sessions of the Constitutional Court of the Russian Federation a protocol shall be kept, the requirements for which shall be established by the Regulation of the Constitutional Court of the Russian Federation.
In order to ensure the fullness and accuracy of the protocol, a stenogram of the session may be made.
Protocols of plenary sessions shall be signed by the Chairman and judge-secretary of the Constitutional Court of the Russian Federation, and protocols of sessions of a chamber – by the presiding judge at the session of the chamber.
Parties shall have the right to review the protocol and stenogram of sessions of the Constitutional Court of the Russian Federation and file their comments on them. Other participants in the process may review the protocol and stenogram with the consent of the Constitutional Court of the Russian Federation.
Comments on protocols or stenograms of sessions shall be reviewed jointly by the presiding judge at the session and reporting judge with the participation, where necessary, of the persons who submitted the comments. Comments on protocols and on stenograms, as well as decisions to certify their correctness or to reject them shall be included, correspondingly, in the protocol or in the stenogram.
Article 60. Procedure for Studying Issues
Study of the merits of a case being considered at a session of the Constitutional Court of the Russian Federation shall begin with the announcement by the reporting judge of the grounds and bases for its consideration, the merits of the issue, the content of the materials available and the measures adopted for the preparation of the case for consideration. Other judges of the Constitutional Court of the Russian Federation may ask the reporting judge questions.
At the end of the reporting judge’s statement the Constitutional Court of the Russian Federation shall hear proposals by the parties and shall adopt a decision on the order for studying issues in the case.
The order established by the decision of the Constitutional Court of the Russian Federation may be amended only by the Constitutional Court of the Russian Federation itself. Proposals of judges of the Constitutional Court of the Russian Federation concerning the order for the study of issues made during the course of the consideration of the case shall be reviewed by the Constitutional Court of the Russian Federation without delay.
Article 61. Delay of Sessions
The consideration of a case may be delayed in the event that the Constitutional Court of the Russian Federation finds an issue to be insufficiently prepared, to require additional study which cannot be conducted in that very session due to the failure to appear by a party, witness or expert, whose appearance was declared compulsory, as well as the failure to present necessary materials. In this case the Constitutional Court of the Russian Federation shall appoint a date on which the session is rescheduled. A session on a case whose consideration was delayed may begin from the beginning or from the time at which it was delayed.
Article 62. Explanations of Parties
In accordance with the procedure established by the decision of the Constitutional Court of the Russian Federation, the presiding judge at the session shall propose that the parties give clarifications of the merits of the issue being considered and set forth legal arguments to justify their positions. In the event that a position of a party is argued by several of its representatives, the sequence and time of their statements shall be determined by that party.
The parties and their representatives shall not have the right to use their statements in the Constitutional Court of the Russian Federation for political statements and declarations and must not allow offensive statements against state bodies, public associations, participants in the process, officials and citizens.
Explanations by parties shall be heard by the Constitutional Court of the Russian Federation in full.
After an explanation by a party, it may be asked questions by the judges of the Constitutional Court of the Russian Federation and the other party, and also, with the consent of the Constitutional Court of the Russian Federation, by experts.
Article 63. Expert Conclusions
A person possessing special knowledge on questions concerning the case being considered may be called as an expert to a session of the Constitutional Court of the Russian Federation. Questions on which an opinion should be given by an expert shall be determined by the reporting judge or the Constitutional Court of the Russian Federation.
Before his/her statement the expert shall take an oath and shall be warned of the liability for knowingly giving false opinions.
An expert shall have the right, with the consent of the Constitutional Court of the Russian Federation, to review the materials of the case, pose questions to the parties and witnesses, and also make motions on the provision to him/her of additional materials.
After the state of an opinion the expert must respond to additional questions from judges of the Constitutional Court of the Russian Federation and the parties.
Article 64. Testimony by Witnesses
Where necessary, studies of factual circumstances whose establishment is classified as under the jurisdiction of the Constitutional Court of the Russian Federation, persons holding information or materials on such circumstances may be summoned to the session as witnesses.
A witness, before the hearing of his/her testimony, shall take an oath and be warned of the liability for knowingly giving false testimony.
Witnesses must inform the Constitutional Court of the Russian Federation of circumstances concerning the merits of the case being considered which are know to him/her personally, and respond to additional questions of judges of the Constitutional Court of the Russian Federation and the parties. If necessary they may use written notes, as well as documents and other materials.
Article 65. Study of Documents
Upon the initiative of judges or a motion of the parties documents may be disclosed in a session of the Constitutional Court. Documents whose authenticity raises doubts shall not be subject to disclosure.
Documents studied by the Constitutional Court of the Russian Federation shall be subject, based on a decision of the Constitutional Court of the Russian Federation, to inclusion in the materials of the case in the original or in certified copies.
Article 66. Concluding Statements of the Parties
Concluding statements of the parties shall be heard at the end of the court study. The Constitutional Court of the Russian Federation may present to the parties at their request time for the preparation of concluding statements.
The parties, in their concluding statements, shall not have the right to refer to documents and circumstances not studied by the Constitutional Court of the Russian Federation.
Article 67. Renewal of Examination of a Question
If after concluding statements by the parties the Constitutional Court of the Russian Federation considers it necessary to clarify additional circumstances having material significance for the resolution of the case, or to study new evidence, it shall hand down a decision to renew consideration of the question.
At the end of additional study the parties shall have the right to repeat concluding statements, but only in connection with the new circumstances or evidence.
Article 68. Termination of Proceedings on a Case
The Constitutional Court of the Russian Federation shall terminate proceedings on a case where during the course of a session grounds are discovered for the refusal to accept the petition for consideration or it is established that the question addressed by the law, other normative act, agreement between bodies of state authority or agreement of the Russian Federation which has not entered into legal force, whose constitutionality is to be verified, did not received permission in the Constitution of the Russian Federation or by its character and significance is not classified as constitutional.
Article 69. End of Hearings of a Case
After the Constitutional Court of the Russian Federation declares the study of questions of the case as concluded, the presiding judge at the session shall announce the end of the hearing of the case.
Article 70. Consultation of Judges for the Adoption of Final Decision
The final decision on a case under consideration shall be adopted by the Constitutional Court of the Russian Federation in a closed conference.
Only judges of the Constitutional Court of the Russian Federation considering that case may participate in the conference. Employees of the Constitutional Court of the Russian Federation who keep protocols and support the normal functioning of the conference may be present in the conference room
During the course of a conference judges of the Constitutional Court of the Russian Federation shall have the right freely to set forth their positions on the disputed question and ask other judges to clarify their positions. The number and duration of statements at the conference may not be limited.
In the protocol of the conference questions put to a vote and the results of voting must be recorded. The protocol shall be signed by all present judges and shall not be subject to disclosure.
Judges and other persons who were present at a closed conference shall not have the right to disclose the content of the discussion and the results of voting.
CHAPTER VIII. DECISIONS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION
Article 71. Types of Decisions
Decisions adopted both in plenary sessions and in sessions of chambers of the Constitutional Court of the Russian Federation shall be decisions of the Constitutional Court of the Russian Federation.
A final decision of the Constitutional Court of the Russian Federation on the merits of any of the questions enumerated in clauses of 1, 2, 3 and 4 of part one of Article 3 of this Federal Constitutional Law shall be referred to as a decrees. Decrees shall be handed down in the name of the Russian Federation.
A final decision of the Constitutional Court of the Russian Federation on the merits of a request concerning the conformity of the established procedure for accusing the President of the Russian Federation of state treason or the commission of another grave crime shall be referred to as a conclusion.
All other decisions of the Constitutional Court of the Russian Federation adopted during the course of implementing constitutional court proceedings shall be referred to as rulings.
At sessions of the Constitutional Court of the Russian Federation decisions concerning questions of the organization of its activity shall also be adopted.
Article 72. Adoption of Decisions
Decisions of the Constitutional Court of the Russian Federation shall be adopted through open voting by way of a survey of judges by name. In all events the presiding judge shall vote last.
Decisions of the Constitutional Court of the Russian Federation shall be considered adopted provided that a majority of those judges participating in the voting voted for it, unless otherwise envisaged in this Federal Constitutional Law.
In the event that during the adoption of a decision on a case testing the constitutionality of a normative act, agreement between bodies of state authority, or international agreement of the Russian Federation which has not entered into force, the votes are split equally, a decision shall be considered to have been adopted in favor of the constitutionality of the disputed act. In all cases decisions on disputes on competence shall be adopted by a majority of votes.
Decisions on the interpretation of the Constitution of the Russian Federation shall be adopted by a majority of at least two thirds of the total number of votes.
Judges of the Constitutional Court of the Russian Federation shall have not the right to abstain from voting or evade voting.
Article 73. Transfer of a Case by a Chamber of the Constitutional Court of the Russian Federation for Examination in a Plenary Session
In the event that the majority of participants in a session of a chamber of judges leans towards the necessity of adopting a decision which does not conform to a legal position expressed in previously adopted decisions of the Constitutional Court of the Russian Federation, the case shall be transferred to a plenary session for consideration.
Article74. Requirements Made of Decisions
Decisions of the Constitutional Court of the Russian Federation must be based on the materials studied by the Constitutional Court of the Russian Federation.
The Constitutional Court of the Russian Federation shall adopt a decision on a case by evaluating both the literal sense of the act being considered and the sense given to its by official and other interpretation or established practice of legal application, as well as based on its place in the system of legal acts.
The Constitutional Court of the Russian Federation shall adopt decrees and give conclusions only on the subject indicated in the petition, and only in relation to that part of the act or competence of the body whose constitutionality is subject to question in the petition. The Constitutional Court of the Russian Federation, during the adoption of a decision, is not bound with the grounds and arguments set forth in the petition.
Decrees and conclusions of the Constitutional Court of the Russian Federation shall be set forth in the form of separate documents with a compulsory reference to the motives for their adoption.
Rulings of the Constitutional Court of the Russian Federation shall be disclosed in a session and shall be entered to the protocol, unless otherwise established by this Federal Constitutional Law or a decision of the Constitutional Court of the Russian Federation.
Article 75. Format for Decisions
Decisions of the Constitutional Court of the Russian Federation set forth in the form of a separate document shall contain, depending on the nature of the question being considered, the following information:
1) the name of the decision, date and place of its adoption;
2) the personal composition of the Constitutional Court of the Russian Federation, which adopted the decision;
3) necessary information on the parties;
4) the wording of the question being considered, bases and grounds for its consideration;
5) norms of the Constitution of the Russian Federation and this Federal Constitutional Law, according to which the Constitutional Court of the Russian Federation has the right to consider the issue in question;
6) demands contained in the petition;
7) factual and other circumstances established by the Constitutional Court of the Russian Federation;
8) norms of the Constitutional Court of the Russian Federation and this Federal Constitutional Law from which the Constitutional Court of the Russian Federation took guidance in adopting the decision;
9) agreements in favor of the decision adopted by the Constitutional Court of the Russian Federation, and, where necessary, arguments refuting the assertions of the parties;
10) the wording of the decision;
11) reference to the finality and binding nature of the decision;
12) the procedure for the entry of the decision into force, as well as the procedure, terms and special considerations for its implementation and publication.
Final decisions of the Constitutional Court of the Russian Federation shall be signed by all judges who participated in voting.
Article 76. Special Opinions of Judges
Judges of the Constitutional Court of the Russian Federation who do not agree with a decision of the Constitutional Court of the Russian Federation shall have the right to issue a special opinion in writing. This opinion of the judge shall be included in the materials of the case and shall be subject to publication together with the decision of the Constitutional Court of the Russian Federation.
A judge of the Constitutional Court of the Russian Federation who has voted for a decree adopted or opinion on the merits of a question considered by the Constitutional Court of the Russian Federation, but who was in the minority during voting on some other question or on the motivation of the decision adopted, shall have the right to set forth his/her opinion in writing on his/her non-agreement with the majority of judges. In such cases the written non-agreement of the judge shall also be attached to the materials of the case and shall be subject to publication in Vestnik Konstitutsionnogo Suda Rossiiskoi Federatsii.
Article 77. Announcement of Decisions
Decisions of the Constitutional Court of the Russian Federation shall be disclosed in full in an open session of the Constitutional Court of the Russian Federation without delay after their signature.
Decrees and conclusions of the Constitutional Court of the Russian Federation shall within two weeks from the date of signature be sent to:
judges of the Constitutional Court of the Russian Federation:
the parties;
the President of the Russian Federation, Federation Council, State Duma, Government of the Russian Federation, Plenipotentiary for Human Rights;
the Supreme Court of the Russian Federation, Supreme Arbitration Court of the Russian Federation, Prosecutor General of the Russian Federation, Minister of Justice of the Russian Federation.
Decisions of the Constitutional Court of the Russian Federation may also be sent to other state bodies and organizations, public associations, officials and citizens.
Article 78. Publication of Decisions
Rulings and conclusions of the Constitutional Court of the Russian Federation shall be subject to publication without delay in official publications of bodies of state authority of the Russian Federation, and constituent entities of the Russian Federation which are affected by the decision adopted. Decisions of the Constitutional Court of the Russian Federation shall also be published in Vestnik Konstitutsionnogo Suda Rossiiskoi Federatsii, and, where necessary, in other publications.
Article 79. Legal Force of Decisions
Decisions of the Constitutional Court of the Russian Federation shall be final, not subject to appeal and shall enter into force without delay after their announcement.
Decisions of the Constitutional Court of the Russian Federation shall be directly effective and not require confirmation by other bodies or officials. The legal force of a decree of the Constitutional Court of the Russian Federation declaring an act unconstitutional may not be overcome by the repeat adoption of the same act.
Acts or certain of their provisions declared unconstitutional shall lose force; international agreements of the Russian Federation which have not entered into force shall not be subject to introduction into force or application. Decisions of courts and other bodies based on acts declared unconstitutional shall not be enforced and must be reviewed where established by federal law.
In the event that the declaration of a normative act as unconstitutional has created a gap in legal regulation, the Constitution of the Russian Federation shall be directly applied.
Article 80. Terms for the Implementation of Decisions
Decisions of the Constitutional Court of the Russian Federation shall be subject to execution without delay after publication or delivery of its official text, unless other terms are specially set forth in it.
Article 81. Consequences of Failure to Implement a Decision
Any failure to execute or improper execution or hindrance of the execution of the decision of the Constitutional Court of the Russian Federation shall give rise to the accountability established by federal law.
Article 82. Correction of Inaccuracies in Decisions
The Constitutional Court of the Russian Federation, after the announcement of a decision, may correct inaccuracies allowed in it in names, designations, typographical errors and clear editorial and technical errors, about which it shall hand down a ruling.
Article 83. Clarification of Decisions
Decisions of the Constitutional Court of the Russian Federation may be officially clarified only by the Constitutional Court of the Russian Federation itself in a plenary session or session of the chamber which adopted that decision, upon an application of bodies or persons who have the right to petition the Constitutional Court of the Russian Federation or other bodies and persons to which it was sent.
The question of the clarification of a decision of the Constitutional Court of the Russian Federation shall be considered in a plenary session or in a session of the chamber which adopted that decision with the participation of the applying body or person. Bodies and persons which acted as parties under the case examined shall also be invited to the session.
A ruling set forth in the form of a separate document and subject to publication in those publications where the decision itself was published shall be handed down on the clarification of a decision of the Constitutional Court of the Russian Federation.
SECTION THREE. SPECIAL CONSIDERATIONS FOR PROCEEDINGS IN THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION FOR CERTAIN CATEGORIES OF CASES
CHAPTER IX. EXAMINATION OF CASES ON CONFORMITY OF NORMATIVE ACTS OF BODIES OF STATE AUTHORITY AND AGREEMENTS BETWEEN THEM TO THE CONSTITUTION OF THE RUSSIAN FEDERATION
Article 84. The Right to Petition the Constitutional Court of the Russian Federation
The right to petition the Constitutional Court of the Russian Federation with a request to verify the constitutionality of the normative acts of bodies of state authority and agreements between them, as set forth in Article 125 (part 2) of the Constitution of the Russian Federation, shall be held by the President of the Russian Federation, the Federation Council, the State Duma, one fifth of the members (deputies) of the Federation Council or deputies of the State Duma, the Government of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, and bodies of legislative and executive authority of constituent entities of the Russian Federation.
Article 85. Admissibility of Requests
A request that the Constitutional Court of the Russian Federation verify the constitutionality of a normative act of a body of state authority or an agreement between bodies of state authority or certain of the provisions thereof shall be admissible if the applicant believes they should not be effective due to their unconstitutionality or should be effective despite an officially adopted decision by federal bodies of state authority, higher state bodies of constituent entities of the Russian Federation or their officials not to apply or execute them as not conforming to the Constitution of the Russian Federation.
A request to verify the constitutionality of a normative act of a constituent entity of the Russian Federation shall be admissible if the normative act was issued in respect of a questions assigned to the management of bodies of state authority of the Russian Federation or to the joint management of bodies of state authority of the Russian Federation and bodies of state authority of constituent entities of the Russian Federation.
Article 86. Limits of Verification
The Constitutional Court of the Russian Federation shall establish the conformity to the Constitution of the Russian Federation of normative acts of bodies of state authority and agreements between them.
1) based on the content of norms;
2) based on the form of the normative act or agreement;
3) based on the procedure for signature, conclusion, adoption, publication or introduction into force;
4) from the standpoint of the pision established by the Constitution of the Russian Federation of state authority into legislative, executive and judicial;
5) from the standpoint of the delimitation established by the Constitution of the Russian Federation of competence between federal bodies of state authority;
6) from the standpoint of the delimitation of subjects of management and authorities between bodies of state authority of the Russian Federation and bodies of state authority of constituent entities of the Russian Federation, as established by the Constitution of the Russian Federation and other agreements on the delimitation of subjects of management and authorities.
Verification of the constitutionality of normative acts of bodies of state authority and agreements between them adopted prior to the entry into force of the Constitution of the Russian Federation shall be carried out by the Constitutional Court of the Russian Federation solely on the basis of the contents of the norms.
Article 87. Final Decisions on Cases
Based upon the results of the consideration of a case testing the constitutionality of a normative act of a body of state authority or agreement between bodies of state authority, the Constitutional Court of the Russian Federation shall adopt one of the following decisions:
1) to declare the normative act or agreement or certain provisions thereof as conforming to the Constitution of the Russian Federation;
2) to declare the normative act or agreement or certain provisions thereof as not conforming to the Constitution of the Russian Federation.
The declaration of a normative act or agreement or certain provisions thereof a not conforming to the Constitution of the Russian Federation shall be grounds for the revocation in accordance with the established procedure of the provisions of other normative acts based on the normative act or agreement declared unconstitutional, or reproducing it or containing the same provisions as were the subject of the petition. The provisions of those normative acts and agreements may not be applied by courts, other bodies or officials.
CHAPTER X. EXAMINATION OF CASES ON THE CONFORMITY OF INTERNATIONAL AGREEMENTS OF THE RUSSIAN FEDERATION WHICH HAVE NOT ENTERED INTO FORCE TO THE CONSTITUTION OF THE RUSSIAN FEDERATION
Article 88. The Right to Petition the Constitutional Court of the Russian Federation
The right to petition the Constitutional Court of the Russian Federation with a request to test the constitutionality of an international agreement of the Russian Federation which has not entered into force shall be held by the President of the Russian Federation, the Federation Council, the State Duma, one fifth of the members (deputies) of the Federation Council or deputies of the State Duma, the Government of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, bodies of legislative and executive authorities of subjects of the Russian Federation.
Article 89. Admissibility of Requests
A request to test the constitutionality of an international agreement of the Russian Federation which has not entered into force shall be admissible if:
1) the international agreement of the Russian Federation mentioned in the request is subject, according to the Constitution of the Russian Federation and federal law, to ratification by the State Duma or approval by other federal body of state authority;
2) the applicant believes that the international agreement of the Russian Federation which has not entered into force should not be entered into force and applied in the Russian Federation due to its non-conformity to the Constitution of the Russian Federation.
Article 90. Limits on Verification
Limits on the verification by the Constitutional Court of the Russian Federation of the conformity to the Constitution of the Russian Federation of an international agreement of the Russian Federation which has not entered into force shall be established by Article 86 of this Federal Constitutional Law.
Article 91. Final Decisions on Cases
Based on the results of the consideration of a case testing the constitutionality of an international agreement of the Russian Federation which has not entered into force, the Constitutional Court of the Russian Federation shall adopt one of the following decisions:
1) declaring that the international agreement of the Russian Federation which has not entered into force or certain provisions thereof conform to the Constitution of the Russian Federation;
2) declaring that the international agreement of the Russian Federation which has not entered into force or certain provisions thereof does not conform to the Constitution of the Russian Federation.
From the time of the announcement of a ruling of the Constitutional Court of the Russian Federation declaring that an international agreement of the Russian Federation or certain of its provisions fail to conform to the Constitution of the Russian Federation, the international agreement shall not be entered into force or applied, i.e. may not be ratified or approved, and may not otherwise enter into force for the Russian Federation.
CHAPTER XI. CONSIDERATION OF CASES FOR DISPUTES ON COMPETENCE
Article 92. Right to Petition the Constitutional Court of the Russian Federation
The right to petition the Constitutional Court of the Russian Federation with an application to resolve a dispute concerning competence shall be held by any of the bodies of state authority participating in the case and indicated in Article 125 (part 3) of the Constitution of the Russian Federation, and the President of the Russian Federation – also in the case envisaged in Article 85 (part 1) of the Constitution of the Russian Federation.
Article 93. Admissibility of Applications
An application from a body (bodies) of state authority shall be admissible if:
1) the disputed competence is determined by the Constitution of the Russian Federation;
2) the dispute does not concern a question of the subordination of a case to courts or on jurisdiction;
3) the dispute was not or may not be resolved in another manner;
4) the applicant believes that issue of the act or the performance of an action of a legal nature or evasion from the issue of an act or the performance of such action to be a violation of the delimitation of competence between bodies of state authority as established by the Constitution of the Russian Federation;
5) the applicant previously petitioned the bodies of state authority indicated in Article 125 (part 3) of the Constitution of the Russian Federation with a written statement on the violation thereby of the competence of the applicant as determined by the Constitution of the Russian Federation and agreements or of the evasion by those bodies of the performance of obligations included within their competence;
6) within one month from the date of receipt of the written application indicated in clause 5 of this section the violations indicated therein were not eliminated;
7) in the event of a petition from a corresponding body of state authority to the President of the Russian Federation with a request to use the conciliation procedures envisaged in Article 85 of the Constitution of the Russian Federation, the President of the Russian does not within one month from the date of the petition use those conciliatory procedures or such procedures did not bring about a resolution of the dispute.
An application from the President of the Russian Federation submitted in accordance with the procedure for the use of Article 85 (part 1) of the Constitution of the Russian Federation shall be admissible if:
1) the President of the Russian Federation used conciliatory procedures for the resolution of disagreements between bodies of state authority;
2) the disagreements between bodies of state authority are a dispute under the jurisdiction of the Constitution Court of the Russian Federation concerning competence.
Article 94. Limits of Verification
The Constitutional Court of the Russian Federation shall examine disputes on competence exclusively from the standpoint of the pision of state power into legislative, executive and judicial, and the delimitation of competence between federal bodies of state authority, as established by the Constitution of the Russian Federation, as well as from the standpoint of the delimitation of subjects of management and authorities between bodies of state authority of the Russian Federation and bodies of state authority of constituent entities of the Russian Federation, between higher state bodies of constituent entities of the Russian Federation, as established by the Constitution of the Russian Federation, Federative and other agreements on the delimitation of subjects of management and authorities.
The consideration of a case on the conformity of a normative act which is the subject of a dispute on competence to the Constitution of the Russian Federation based on the content of the norms, the format, procedure of its signature, adoption, publication or introduction into force is possible only on the basis of a separate request and in accordance with the procedure for the consideration of cases on the constitutionality of normative acts.
Article 95. Final Decisions on Cases
Based upon an examination of a dispute on competence, the Constitutional Court of the Russian Federation shall adopt one of the following decisions:
1) confirming the authority of the relevant body of state authority to issue the act or perform the action of a legal nature, which served as the reason for the dispute on competence;
2) rejecting the authority of the corresponding body of state authority to issue the act or perform the action of a legal nature which served as the reason for the dispute on competence.
In the event that the Constitutional Court of the Russian Federation recognizes the issue of an act as not under the competence of the body of state authority which issued it, the act shall lose force as from the date indicated in the decision.
CHAPTER XII. CONSIDERATION OF CASES ON THE CONSTITUTIONALITY OF LAWS IN RESPONSE TO COMPLAINTS AGAINST VIOLATIONS OF CONSTITUTIONAL RIGHTS AND LIBERTIES OF CITIZENS
Article 96. Right to Petition the Constitutional Court of the Russian Federation
The right to petition the Constitutional Court of the Russian Federation with an inpidual or collective complaint against a violation of constitutional rights and liberties shall be held by citizens whose rights and liberties are violated by the law applied or subject to application in a specific case, or an association of citizens, as well as other bodies and persons indicated in federal law.
In addition to the documents enumerated in Article 38 of this Federal Constitutional Law, a copy of the official document confirming the application or possibility of applying the contested law during the resolution of a contested case shall be attached to the case. The issue to the applicant of a copy of such document shall be carried out upon his/her request by the official or body examining the case.
Article 97. Admissibility of Complaints
A complaint against a violation of constitutional rights and liberties by a law shall be permissible if:
1) the law concerns constitutional rights and liberties of citizens;
2) the law is applied or subject to application in a specific case whose consideration is completed or begun in a court or other body applying the law.
Article 98. Consequences of Adopting Complaints for Consideration
The Constitutional Court of the Russian Federation, having accepted a complaint against a violation by a law of constitutional civil rights and liberties, shall notify of this the court or other body considering the case in which the contested law is applied or subject to application. Notification shall not give rise to a suspension of proceedings on the case.
Article 99. Limits of Verification
Limits on the verification by the Constitutional Court of the Russian Federation of the conformity to the Constitution of the Russian Federation of a law indicated in a complaint against a violation of constitutional civil rights and liberties are established in Article 86 of this Federal Constitutional Law.
Article 100. Final Decisions on Cases
Based upon the results of the consideration of a case against a violation by a law of civil rights and liberties, the Constitutional Court of the Russian Federation shall adopt one of the following decisions:
1) to declare the law or certain of its provisions as conforming to the Constitution of the Russian Federation;
2) to declare the law or certain of its provisions as not conforming to the Constitution of the Russian Federation.
In the event that the Constitutional Court does not declare the law applied in a specific case as not conforming to the Constitution of the Russian Federation, that case in any event shall be subject to reconsideration by the competent body through ordinary procedures.
In the event that the law or certain of its provisions are declared as not conforming to the Constitution of the Russian Federation, the court costs of citizens and associations thereof shall be subject to compensation in accordance with established procedures.
CHAPTER XIII. EXAMINATION OF CASES ON THE CONSTITUTIONALITY OF LAWS IN RESPONSE TO REQUESTS OF COURTS
Article 101. Petition to the Constitutional Court of the Russian Federation
A court during the examination of a case in any instance, coming to a conclusion that a law applied or subject to application in that case does not conform to the Constitutional Court of the Russian Federation, shall petition the Constitutional Court of the Russian Federation with a request to verify the constitutionality of that law.
Article 102. Admissibility of Requests
The request of a court is permissible if the law is applied or subject, in the court’s opinion, to application in the specific case being considered thereby.
Article 103. Consequences of the Submission of Requests
During the period from the time when the court hands down a decision to petition the Constitutional Court of the Russian Federation and until the adoption of a ruling by the Constitutional Court of the Russian Federation, proceedings on the case or the implementation of the decision handed down by the court on the case shall be suspended.
Article 104. Limits of Verification and Types of Final Decisions
The limits on the verification by the Constitutional Court of the Russian Federation of the conformity of the law which is disputed in a court’s request to the Constitution of the Russian Federation, and the types of final decisions on that case are established by Articles 86 and 100 of this Federal Constitutional Law.
CHAPTER XIV. EXAMINATION OF CASES ON THE INTERPRETATION OF THE CONSTITUTION OF THE RUSSIAN FEDERATION
Article 105. Right to Petition the Constitutional Court of the Russian Federation
The right to petition the Constitutional Court of the Russian Federation with a request to interpret the Constitution of the Russian Federation shall be held by the President of the Russian Federation, the Federation Council, the State Duma, the Government of the Russian Federation, and bodies of legislative authority of constituent entities of the Russian Federation.
Article 106. Binding Nature of the Interpretation of the Constitution of the Russian Federation
The interpretation of the Constitution of the Russian Federation given by the Constitutional Court of the Russian Federation shall be official and binding for all representative, executive and judicial bodies of state authority, bodies of local self-government, enterprises, institutions, organizations, officials, citizens and their associations.
CHAPTER XV. EXAMINATION OF CASES ON THE ISSUE OF CONCLUSIONS ON COMPLIANCE WITH THE ESTABLISHED PROCEDURE FOR ACCUSING THE PRESIDENT OF THE RUSSIAN FEDERATION OF TREASON OR THE COMMISSION OF ANOTHER GRAVE CRIME
Article 107. Petitioning the Constitutional Court of the Russian Federation
Petitions with a request to issue a conclusion on conformity to the established procedure for accusing the President of the Russian Federation of treason or the commission of an other grave crime shall be sent to the Constitutional Court of the Russian Federation by the Federation Council.
Article 108. Admissibility of Request
Requests to the Constitutional Court of the Russian Federation to issue a conclusion on conformity to the established procedure for accusing the President of the Russian Federation of treason or the commission of another grave crime shall be admissible, if the accusation was made by the State Duma and a conclusion from the Supreme Court of the Russian Federation on the presence in the actions of the President of the Russian Federation of evidence of the corresponding crime must be available.
Article 109. Procedure for Delivering Request for the Issue of a Conclusion
Requests to issue a conclusion compliance with the established procedure for accusing the President of the Russian Federation of treason or the commission of another grave crime shall be sent to the Constitutional Court of the Russian Federation within one month from the date of the adoption by the State Duma of its decision to make the accusation. The text of the State Duma’s decision to make the accusation, the protocol or stenographic record of the discussion of that issue at the hearing of the State Duma and texts of all documents connected with that decision, as well as the text of the conclusion from the Supreme Court of the Russian Federation, shall be attached to the request.
The conclusion must be given by the Constitutional Court of the Russian Federation within ten days from the registration of the request.
Article 110. Conclusion on Compliance with the Established Procedure for Accusing the President of the Russian Federation of Treason or the Commission of an Other Grave Crime
Based on the results of the examination of a case, the Constitutional Court of the Russian Federation shall issue one of the following conclusions:
1) on the conformity to the established procedure for making an accusation;
2) on the failure to conform to the established procedure for making an accusation.
Should the Constitutional Court of the Russian Federation adopt a decision on the failure to conform to the established procedure for accusing the President of the Russian Federation of treason or commission of another grave crime, the examination of the accusation envisaged by the Constitution of the Russian Federation shall be terminated.
SECTION FOUR. CONCLUDING PROVISIONS
Article 111. The Administration of the Constitutional Court of the Russian Federation
The activity of the Constitutional Court of the Russian Federation shall be supported by its administration, consisting of the Secretariat of the Constitutional Court of the Russian Federation and other subpisions.
The Secretariat of the Constitutional Court of the Russian Federation shall implement organizational, scientific-analytic, informational-reference and other support of the Constitutional Court of the Russian Federation, and receive visitors; review petitions to the Constitutional Court of the Russian Federation preliminarily and in cases where they do not concern questions requiring study by judges of the Constitutional Court of the Russian Federation; assist judges in the preparation of cases and other issues for consideration in sessions and hearings; studies and summarizes the activity of state bodies to support the execution of decisions of the Constitutional Court of the Russian Federation. Other subpisions of the administration shall material-technical and social-household support for the Constitutional Court of the Russian Federation.
The Constitutional Court of the Russian Federation, within the bounds of its budgeted expenses, shall establish the number of employees, structure and staff list of the administration; and approves the Statute on the Secretariat of the Constitutional Court of the Russian Federation.
The rights, obligations and responsibility of the employees of the administration of the Constitutional Court of the Russian Federation, as well as conditions for their service shall be determined in the laws and other normative acts on federal state services, normative acts on the legal status of employees of courts, as well as labor legislation of the Russian Federation.
Article 112. Official Publication of the Constitutional Court of the Russian Federation
The official publication of the Constitutional Court of the Russian Federation is the Vestnik of the Constitutional Court of the Russian Federation.
Article 113. Stamp of the Constitutional Court of the Russian Federation
The Constitutional Court of the Russian Federation shall have a stamp with the image of the State Coat of Arms of the Russian Federation and its name.
Article 114. Symbols of Judicial Authority of the Constitutional Court of the Russian Federation
The State Flag of the Russian Federation shall be raised at the building occupied by the Constitutional Court of the Russian Federation.
The hall for sessions of the Constitutional Court of the Russian Federation shall bear the image of the State Seal of the Russian Federation and the State Flag of the Russian Federation.
The State Flag of the Russian Federation shall be installed in the official premises of a judge of the Constitutional Court of the Russian Federation.
Judges of the Constitutional Court of the Russian Federation shall preside in robes.
Article 115. Location of the Constitutional Court of the Russian Federation
The permanent location of the Constitutional Court of the Russian Federation shall be the capital of the Russian Federation – the city of Moscow.
Sessions of the Constitutional Court of the Russian Federation shall be conducted at its permanent location. The Constitutional Court of the Russian Federation may conduct sessions at other locations when it deems this necessary.
SECTION FIVE. TRANSITIONAL PROVISIONS
1. Petitions received to the Constitutional Court of the Russian Federation prior to the entry into force of the Constitution of the Russian Federation shall be considered and resolved by the Constitutional Court of the Russian Federation within the limits of its authorities, as established by Article 125 of the Constitution of the Russian Federation.
2. The full composition of the Constitution Court of the Russian Federation must be formed within thirty days from the entry into force of this Federal Constitutional Law.
3. The Constitutional Court of the Russian Federation after the formation of its full composition shall elect a Chairman, Deputy Chairman, a judge-secretary, shall form the personnel compositions of the chambers of the Constitutional Court of the Russian Federation.
4. Judges of the Constitutional Court of the Russian Federation elected prior to the entry into force of the Constitution of the Russian Federation, according to clause 5 of section two of the Constitution of the Russian Federation, shall retain their authorities until the expiry of the term for which they were elected.
5. Material guarantees of the independence of the Constitutional Court of the Russian Federation and its judges which were established prior to the entry into force of this Federal Constitutional Law shall be preserved.
SECTION SIX. ENTRY OF THIS FEDERAL CONSTITUTIONAL LAW INTO FORCE
1. This Federal Constitutional Law shall enter into force from the date of its official publication.
2. Law of the RSFSR of July 12, 1991 On the Constitutional Court of the RSFSR (Vedomosti of the Congress of Peoples’ Deputies of the RSFSR and the Supreme Soviet of the RSFSR, 1991, No. 30, art. 1017) shall be considered to have lost force from the date of the introduction into force of this Federal Constitutional Law.
Moscow, the Kremlin
July 21, 1994
No. 1-FKZ
President of the Russian Federation
B. Yeltsin
RUSSIAN PRESIDENT DECREE
On the Wording of the National Anthem of the Russian Federation
Pursuant to the Federal Constitutional Law on the National Anthem of the Russian Federation, I resolve:
To approve of the attached wording of the National Anthem of the Russian Federation.
To establish that the National Anthem of the Russian Federation in a choir, orchestra/choir or another vocal option is performed in strict conformity to the National Anthem of the Russian Federation as approved of by this Decree.
This order shall inure from the date of its signing and shall be effective until the appropriate federal constitutional law has taken effect.
Russian President V. Putin
Moscow, Kremlin
December 30, 2008
No. 2110
June 29, 1999, No. 856
RUSSIAN PRESIDENT DECREE
On Heraldic Council at the Russian President
(in the version of Russian President Decrees of June 25, 2004, No. 799, of August 26, 2004, No. 1121)
To pursue the single governmental policy in heraldic and in accordance with the Russian President Decree of January 30, 1999, No. 163, On Additional Steps to Improve the Composition of the Russian President Administration, I resolve:
1. To establish the Heraldic Council at the Russian President.
Section 2 became void to the extent pertaining to the approval of the composition of the Heraldic Council at the Russian President (Russian President Decree of August 26, 2004, No. 1121).
2. To approve of the attached Regulations on the Heraldic Council at the Russian President and its composition.
3. To establish that the Chairman of the Heraldic Council at the Russian President is a governmental herald master.
4. To appoint G.V. Vilinbakhov, Deputy Director of the National Hermitage, Science, as Chairman of the Heraldic Council at the Russian President and the National Herald Master.
5. To establish that the Chairman of the Heraldic Council at the Russian President is a national herald master, and members of the Council participate in its work on public basis.
6. To vest the Heraldic Council at the Russian President with maintenance of the National Heraldic Register of the Russian Federation.
7. To recognize the following as null and void:
Russian President Decree of July 25, 1994, No. 1539, On State Herald Office at the Russian President (Collection of Russian Laws, 1994, No. 14, Art. 1594);
Russian President Decree of November 5, 1997, No. 1150, On the Head of the State Herald Office at the Russian President – National Herald Master (Collection of Laws of the Russian Federation, 1997, No. 45, Art. 5165).
8. The Chairman of the Heraldic Council at the Russian President – National Herald Master shall, together with the Main Governmental Law Department of the Russian president, submit the proposals as to bringing of the Russian President regulations in conformity to this Law within 3 months.
9. The Russian Government shall bring its regulations in conformity with this Decree.
10. This Decree shall inure from its signing.
Russian President Boris YELTSIN
Moscow, Kremlin
June 29, 1999
No. 856
Approved of by Russian President Decree
of June 29, 1999
No. 856
REGULATIONS ON THE HERALDIC COUNCIL AT THE RUSSIAN PRESIDENT
(in the version of the Russian President Decrees of June 25, 2004, No. 799,
of August 26, 2004, No. 1121)
I. General
1. The Heraldic Council at the Russian President (hereinafter the Council) is a consultative and advisory authority and is formed for holding the single governmental heraldic policy.
2. In its operations, the Council is governed by the Russian Constitution, federal constitutional laws, federal laws, decrees and orders of the Russian President, orders of the Russian President Administration as well as these Regulations.
3. The Regulations on the Council shall be approved of by the Russian President.
II. Main Objectives of the Council
4. The principal objectives of the Council shall be:
drafting and presentation to the Russian President of information on the state of things in heraldic;
heraldic support in the established manner of creation and use of official symbols and distinctive signs;
holding of heraldic appraisal of materials pertaining to the establishment and use of official symbols and distinctive signs, and drafting of the appropriate conclusions;
review of drafts of regulations of federal executive authorities, governmental authorities of constituents of the Russian Federation and resolutions of local authorities pertaining to the establishment and use of official symbols and distinctive signs, drafting the appropriate opinions;
maintenance in the established manner of the State Heraldic Register of the Russian Federation;
drafting of recommendations on the establishment and use of official symbols and distinctive signs for federal executive authorities, governmental authorities of constituents of the Russian Federation, local authorities;
(paragraph in the version of Russian President Decree of August 26, 2004, No. 1121)
the paragraph became null and void. The Russian President Decree of August 26, 2004, No. 1121;
study of international heraldic experience; research and development in the heraldic theory and history.
III. Procurement of Business of the Council
5. To address the objectives vested in it, the Council shall be entitled to:
request and receive the necessary materials in the established manner from independent units of the Russian Presidential Administration, the Administration of the Federation Council at the Russian Federal Assembly, the Administration of the State Duma at the Federal Assembly of the Russian Federation, the Administration of the Russian Government, from federal executive authorities, governmental authorities of the Russian Federation constituents, local authorities as well as enterprises, institutions, organizations and officials;
plead to the heads of federal executive authorities for cancellation of regulations on heraldic as published by them if they do not comply with Russian law;
give opinions and advice on heraldic as well as explanations to the extent of their competence of the appropriate laws and regulations;
establish working groups to resolve the principal objectives vested in the Council;
(paragraph in the version of the Russian President Decree of August 26, 2004, No. 1121)
use public, including governmental, communications systems, resources of public information systems.
IV. Composition of the Council and Work Arrangement
6. The Council comprises the Chairman of the Heraldic Council at the Russian President – the state heraldic master (hereinafter the Council Chairman), deputy Chairman, responsible secretary and Council members.
The composition of the Council shall be approved of by the Russian President.
The Council Chairman, Deputy Chairman, responsible secretary and members of the Council participate in its work on the public basis.
7. The Chairman of the Council:
shall manage work of the Council and is personally liable for achieving the objectives vested in the Council;
approves of the Council’s operating plans;
determines the venue and the time of the Council meetings;
approves of the agenda;
chairs at the meetings of the Council;
gives assignments to the Council members;
signs documents of the Council;
agrees in the established manner upon draft decrees of the Russian President, resolutions of the Russian Government, regulations of federal executive authorities and public authorities of the Russian Federation constituents, as well as resolutions of local authorities pertaining to establishment of official symbols and distinctive marks and the procedure for their use;
the paragraph became null and void. – Russian Presidential Decree of August 26, 2004, No. 1121;
it represents the Council in relations with federal authorities, governmental authorities of the Russian Federation constituents, local authorities as well as international and foreign agencies and bodies.
8. Deputy Council Chairman:
it controls over fulfillment of resolutions of the Council;
it holds meetings and signs documents of the Council in the temporary absence of the Council’s Chairman;
fulfills any other assignments of the Council Chairman.
9. The responsible secretary of the Council:
ensures drafting of operating plans, generates the agenda of the Council meetings, arranges for drafting of materials for meetings and also draft resolutions on the Council;
notifies members of the Council of the venue and time of the regular meeting; procures all the necessary reference and information materials to them;
issues minutes of the Council meetings;
(in the version of the Russian President Decree of August 26, 2004, No. 1121)
affixes its signature and seal of the Council on the graphic image (drawing0 and heraldic description of the official symbol and the distinctive mark as entered into the National Heraldic Register of the Russian Federation.
10. Meetings of the Council shall be held by resolution of the Council’s Chairman.
(paragraph in the version of Russian President Decree of August 26, 2004, No. 1121)
Resolutions of the Council shall be taken by a simple majority of votes of the Council members participating in its meeting.
11. Meetings of the Council shall be formalized with the minutes signed by the Council Chairman and the responsible secretary of the Council.
If necessary, resolutions of the Council shall be sent to the appropriate federal governmental authorities, governmental authorities of the Russian Federation constituents, and local authorities.
12. Russian President Decree No. 799 of June 25, 2004, became null and void.
13. The Russian President Department on Personnel and Governmental Awards is directly procuring operations of the Council.
(Section 13 was introduced by the Russian President Decree of August 26, 2004, no. 1121)
14. Material, technical, documentary, legal and information support of the Council’s operations shall be ensured by the appropriate units of the Russian President Administration and Russian President Administrative Department.
Approved of by Russian President Decree
of June 29, 1999, No. 856
COMPOSITION OF HERALDIC COUNCIL AT THE RUSSIAN PRESIDENT
It became null and void. – Russian Presidential Decree of August 26, 2004, No. 1121
November 30, 1993, No. 2050
RUSSIAN PRESIDENT DECREE
On State Emblem of the Russian Federation
(in the version of Russian President Decrees of March 17, 1997, No. 239, of September 25, 1999, No. 1273)
The provision approved of by this document became null and void due to adoption of Federal Constitutional Law of December 25, 2001, No. 2-FKZ.
In order to restore the historic symbols of the Russian State and taking into account that the State Emblem of the Russian Soviet Federal Socialist Republic lost its symbolic meaning, I resolve:
1. To approve of the Regulations on the State Emblem of the Russian Federation (Appendix 1) and the drawing of the State Emblem of the Russian Federation (Appendices 2 and 3).
2. To establish that the Regulations on the State Emblem of the Russian Federation shall be effective before the appropriate law has taken effect.
3. To establish that the reproduction of the State Emblem of the Russian Federation shall be binding:
on letterheads and seals of the Russian President, chambers of the Federal Assembly, the Russian Government, the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation – from January 1, 1994;
on letterheads and seals of central federal executive authorities and also diplomatic representative offices, consular departments and other official representative offices of the Russian Federation abroad, since February 1, 1994;
on letterheads and seals of other public authorities, since January 1, 1995;
in other cases established in the Regulations on the State Emblem of the Russian Federation, since January 1, 1996.
4. To recognize Order of the RSFSR Supreme Soviet Presidium of January 22, 1981, On Approval of the Regulations on the State Emblem of the Russian Soviet Federal Socialist Republic as null and void.
5. This Order shall inure upon its publication.
Russian President B. YELTSIN
Moscow, Kremlin.
November 30, 1993
No. 2050
Appendix 1 to Russian President Decree of November 30, 1993, No. 2050
the provision established in this document became null and void due to adoption of Federal Constitutional Law of December 25, 2000, No. 2-FKZ.
REGULATIONS ON STATE EMBLEM OF THE RUSSIAN FEDERATION
(in the version of Russian President Decrees of March 17, 1997, No. 239, of September 25, 1999, No. 1273)
1. State Emblem of the Russian Federation represents a golden double eagle placed on a red heraldic shield; there are three Peter the Great historic crowns over the eagle (two small ones over heads, and a larger one over them); the eagle holds a scepter and a globe; a horseman striking a dragon with a spear is on the eagle chest is on the shield.
2. Monochrome reproductions of the Russian State Emblem are allowed; it is also allowed to reproduce the same as the principal figure – the double eagle.
3. The State Emblem of the Russian Federation (the multi-colored version) is placed on letterheads of federal laws, decrees and orders of the Russian President, resolutions and orders of the Russian Government, resolutions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation.
The State Emblem of the Russian Federation is placed on letterheads of:
the Russian President;
chambers of the Federal Assembly;
the Russian Government;
the Constitutional Court of the Russian Federation;
the Supreme Court of the Russian Federation;
the Supreme Arbitration Court of the Russian Federation;
central federal executive authorities; federal courts;
the Prosecutor’s Office of the Russian Federation;
the Central Bank of the Russian Federation;
the Human Rights Commissioner;
the Counting Board;
the Inter-Departmental Commission for State Secret Protection;
(introduced by the Russian Presidential Order of March 17, 1997, No. 239)
diplomatic governments, consular departments and other official representative offices of the Russian Federation abroad.
4. The State Emblem of the Russian Federation shall be placed on passports of Russian nationals or documents replacing the same as well as other documents issued by governmental authorities of the Russian Federation.
The State Emblem of the Russian Federation shall be placed on official stamps of the Russian Federation.
5. The State Emblem of the Russian Federation shall be placed on official residences of governmental authorities, in the study of the Russian President and on his/her vehicles, in meeting rooms of the Federal Assembly chambers, in the meeting rooms of the Russian Government, in the meeting rooms of federal courts, in the study of the Human Rights Commissioner, in the study of the Russian Prosecutor General as well as on buildings of diplomatic representative offices, consular departments and other official representative offices of the Russian Federation abroad.
6. The State Emblem of the Russian Federation shall be placed on border signs (main border posts) and the Russian National Border passage points.
7. The State Emblem of the Russian Federation may be placed on:
flags of the Russian Armed Forces, internal forces of the Interior Ministry of the Russian Federation, Border Troops of the Security Ministry of the Russian Federation;
distinctive signs of the military, rank-and-file and executive staff of interior authorities and also on the overalls of the diplomats of the Russian Foreign Ministry.
8. State Emblem of the Russian Federation may be placed on coins, orders and medals of the Russian Federation.
9. Other cases of official reproduction of the image of the Russian State Emblem shall be established by the Russian President.
10. The procedure for manufacturing, use, storage and destruction of letterheads and seals with reproduction of the Russian State Emblem shall be established by Russian law.
11. Control over compliance with these Regulations shall be vested with the Heraldic Council at the Russian President.
(in the version of the Russian Presidential Decree of September 25, 1999, No. 1273)
August 5, 1996, No. 1138
RUSSIAN PRESIDENT DECREE
On Official Symbols of Presidential Power and Their Use
When a Newly Elected Russian President Takes Office
(Russian President Decree No. 1138)
1. To establish that the symbols of presidential power are:
– the Flag of the Russian President as approved of by the Russian President Decree of February 15, 1994, No. 319, On Flag of the Russian President;
– the Sign of the Russian President;
– a specially issued only copy of the official wording of the Russian Constitution (hereinafter a special copy of the wording of the Russian Constitution).
2. When a newly elected Russian President takes office:
– the Flag of the Russian President shall be placed near the Russian President. After the Russian President took oath, a duplicate of the Flag shall be raised over the Kremlin residence of the Russian Federation;
– the Sign of the Russian President shall be provided to the Russian President as to the head of state for his/her term of office by the Chairman of the Russian Federal Assembly Federation Council. The use of the Sign of the Russian President shall be determined by regulations of the State Protocol;
– The Russian President shall take oath on a special copy of the Russian Constitution.
3. To establish that the Flag of the Russian President, the Sign of the Russian President and a special copy of the Russian Constitution shall be transferred to a newly elected Russian President during the procedure of taking office of the Russian President, after he/she has taken oath on a special copy of the Russian Constitution.
4. Recognize section 1 of the Russian President Decree of February 15, 1994, No. 319, On Flag of the Russian President as null and void.
5. This Decree shall inure upon its signing.
Russian President B. Yeltsin
Moscow, Kremlin
August 5, 1996
No. 1138
May 6, 2000, No. 832
RUSSIAN PRESIDENTIAL DECREE
On Amending and Supplementing Certain Decrees of the Russian President
To make the following amendments and supplements to the Russian President Decree of February 15, 1994, No. 319, On the Flag of the Russian President (Collection of Regulations of the President and the Russian Government, 1994, No. 8, 587):
а) Section 1 shall read as follows:
1. To establish that the flag of the Russian President is a symbol of presidential power in the Russian Federation;
b) to add the following text to paragraph 1, Section 3: When a newly elected Russian President takes effect, the original flag of the Russian President is situated near the head of state.
2. To amend the Russian Presidential Decree of July 27, 1999, No. 906, On Approval of Description of the Presidential Power Symbol – the Sign of the Russian President (Collection of Laws of the Russian Federation, 1999, No. 31, Art. 3993), by replacing the words “established in the Russian President Decree of August 5, 1996, No. 1138, On Official Symbols of Presidential Power and Their Use When a Newly Elected Russian President Takes Office” with “transferred to the Russian President as the head of state for the period of his/her stay in office”.
3. To recognize the Russian President Order of August 5, 1996, No. 1138, On Official Symbols of Presidential Power and Their Use when a Newly Elected Russian President Takes Office (Collection of Laws of the Russian Federation, 1996, No. 33, Art. 3976) as null and void.
Acting Russian President V. PUTIN
Moscow, Kremlin
May 6, 2000
No. 832