Accepted at the thirty sixth plenary session of Inter-parliamentary Assembly of the State Parties of the CIS (The resolution of May 16, 2011 No. 36-12)
Judicial authority is performed by the courts formed according to the procedure, established by legal acts of the state. Formation of emergency courts is forbidden.
Judicial authority is performed by courts on behalf of judges, and also assessors involved in justice implementation according to the procedure and the cases established by the law of the state on judicial system and other legal acts.
Judicial authority is performed by means of the constitutional, civil, criminal and administrative trial.
Judicial authority is independent, is not accountable to the legislative and executive authorities.
The legal basis of judicial system is constituted by the constitution of the state, the law of the state on judicial system and other legal acts of the state.
The unity of judicial system of the state is provided in the way:
- establishments of judicial system of the state constitution, law of the state on judicial system and other legal acts of the state;
- observance by all courts of the procedure for legal proceedings established by legal acts;
- recognitions of obligatory execution in all territory of the state of the court decrees which took legal effect;
- fixing of unity of the status of judges;
- financing of the courts from the government budget.
The judicial system of the state is constituted:
- Constitutional court of the state - body of judicial control of constitutionality of legal acts of the state. In the federal state the courts exercising judicial control of compliance of the constitution (charter) of the territorial subject of the federation of legal acts of the territorial subject of the federation can be formed. In case of lack of the Constitutional Court of its function can perform the Supreme Court of the state or other body of the constitutional control provided by the constitution of the state;
- the courts of law performing justice by means of civil, criminal and administrative trial. The system of courts of law is under construction on the principles of territoriality and specialization.
In the state the specialized courts operating according to general rules of practice can be created (administrative, juvenile, on economic disputes, patent, on intellectual property, on employment disputes, etc.).
The constitutional court of the state is designed to provide rule of the constitution of the state and its direct action in the territory of the state, compliance of legal acts of the constitution of the state, approval of legality in rule-making and law enforcement, the solution of other questions provided by the constitution of the state, the laws and other regulatory legal acts.
Courts in the state are urged to protect guaranteed by the constitution and other legal acts of the state of the right, freedom and legitimate interests, the state and public concerns, and also to provide the correct application of the legislation when implementing justice, consideration and permission of cases in reasonable time, to promote strengthening of legality and the prevention of offenses.
Courts perform judicial authority independently irrespective of whose that was wills, submitting only to the constitution of the state and the law.
Court, having established when considering the case discrepancy of the act of the state or other body, and equally in the official of the constitution of the state, to the international treaty of the state, the law, makes the decision according to the legal statuses having the greatest legal force.
In the state the laws and other regulatory legal acts cannot be issued and be performed the actions (failure to act) canceling or belittling independence of courts and independence of judges.
Courts perform justice on the basis of the constitution of the state, rules of international law, legal acts corresponding to the constitution of the state and accepted according to it.
Justice in the state is performed on the basis of equality before the law and court of all citizens irrespective of their origin, social, official and property status, racial, national, state or political affiliation, floor, education, language, the relation to religion, religion, beliefs, belonging to public associations, sort and nature of occupations, the residence, the birthplace, and is equal also from others, not provided by the law, the bases, and also all legal entities and the organizations irrespective of their form of business, the location, subordination, pattern of ownership and other circumstances.
The right to judicial protection on an equal basis with citizens of the state is guaranteed to foreign citizens and stateless persons if other is not determined by the constitution of the state, international treaties and legal acts of the state.
Justice in the state is performed on the basis of competitiveness and equality of the parties.
The parties have the equal rights on production of evidence and participation in their research.
Court, keeping impartiality, creates necessary conditions for comprehensive and complete investigation of the facts of the case, explains to persons participating in case, their rights and obligation, warns about effects of making or non-execution of legal proceedings, renders them assistance in implementation of their rights.
Citizens of the state have the right to participate in activities of court for implementation of justice as jury members, jurymen, economic (economic) assessors according to the procedure and the cases provided by the law of the state on judicial system and other regulatory legal acts.
The right to judicial protection against infringement of life and the health, honor and advantage, personal liberty and property, other rights and freedoms provided by the constitution and other legal acts of the state and also is guaranteed to citizens of the state against illegal actions (failure to act) of state bodies, other organizations, their officials.
The organizations, individual entrepreneurs have the right to judicial protection against infringement of their rights and legitimate interests guaranteed by legal acts and also from illegal actions (failure to act) of state bodies, other organizations, their officials.
Trial of cases in all courts open. Hearing of cases in the closed judicial session is allowed only in the cases determined by the law with observance of all rules of practice.
By the law of the state additional measures for ensuring access of citizens to information on legal procedure, including placement of data can be provided in the Internet.
Are not allowed disclosure of the data relating to private life of the citizen which degrade his honor and advantage or can do harm to its rights, legitimate interests or goodwill, and disclosure of the data relating to organization activity, the individual entrepreneur which can do harm to their rights, legitimate interests or goodwill is equal if other is not provided by legal acts. Disclosure of the state or protected by the law of the state other secret is not allowed.
Trial of cases in courts is conducted in the presence of interested persons. The correspondence trial of cases is not allowed, except the cases provided by the law.
Nobody can be deprived of the right to consideration of its case in that court and that judge to which cognizance it is carried by the law.
The right to qualified legal aid is guaranteed to everyone. In the cases provided by the law, legal aid is given free of charge.
The detainee taken into custody, accused of crime execution have the right to use the help of the lawyer (defender) from the moment of respectively detention, detention or brining a charge.
The person accused in crime execution is considered innocent until his guilt is proved in the procedure provided by the law and is established by the court verdict which took legal effect.
The person accused shall not prove the innocence.
Unremovable doubts in guilt of person are interpreted for benefit of the person accused.
Nobody can be repeatedly condemned for the same crime.
When implementing justice use of the evidence obtained with violation of the law is not allowed.
The convict for crime has the right to review of sentence by superior court according to the procedure, established by the law, and also the right to ask about pardon or mitigation of punishment.
Nobody shall witness against himself, the spouse and close relatives whose circle is determined by the law. Other cases of release from obligation can be established by the law to give the testimony.
The rights of the victims from crimes and abuses of the power are protected by the law. The state provides to the victims access to justice and compensation of the caused damage.
Everyone has the right to compensation by the state of the harm done by illegal actions (failure to act) of public authorities or their officials.
The law establishing or aggravating responsibility has no retroactive force.
Nobody can bear responsibility for act which at the time of its making was not recognized offense. If after making of offense responsibility for it is eliminated or mitigated, the new law is applied.
Cases in courts are considered jointly, and in the cases provided by legal acts - solely by the judge.
Legal proceedings and clerical work in courts of the state are conducted in state language.
The right of acquaintance with all case papers, participations in judicial actions through the translator, the right to appear in court in language which they know are provided to the persons participating in case not knowing or insufficiently knowing legal proceedings language. In these cases specified persons have the right to use free of charge translation service according to the procedure, established by legal acts.
The court decrees which took legal effect are obligatory for all state bodies, other organizations, and also officials and citizens and are subject to execution in all territory of the state.
The requirement of the judge following from its powers and shown according to legal acts is obligatory and is subject to execution at the scheduled time by all state bodies, other organizations, and also officials and citizens. Information requested by the judge in connection with case in point is provided free of charge.
Non-execution of the court decrees which took legal effect and requirements of the judge involves responsibility according to legal acts of the state.
On state buildings of the courts, in office offices of judges, in rooms of meetings and in halls of judicial sessions of courts of the state national flag of the state is set, and also the image of the State Emblem of the state is located.
Courts of the state have the right to establish printing editions according to the procedure, established by legal acts.
All courts of the state have seal with the image of the State Emblem of the state and with the name.
The permanent location of each court is determined by the relevant law.
Meetings of courts are held in the place of their permanent stay. The court has the right to make the decision on holding meeting in other place.
Competence, procedure for forming and activities of the Constitutional Court are determined by the constitution of the state and the law on the Constitutional Court.
The constitutional court of the state consists of judges of the Constitutional Court, including the chairman of the Constitutional Court and the deputy (deputies) the chairman of the Constitutional Court.
The quantitative list of judges of the Constitutional Court of the state is determined by the constitution of the state.
The number of vice-chairmen of the Constitutional Court of the state is determined by the law on the Constitutional Court of the state.
The constitutional court of the state can be effective in structure:
- plenum of the Constitutional Court of the state;
- trial chambers of the Constitutional Court of the state.
For the purpose of protection of bases of the constitutional system, basic rights and freedoms of man and citizen, ensuring supremacy and direct operation of the constitution of the state in all territory of the state the Constitutional Court:
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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