The Resolution of the Presidium of the Council of judges of the Russian Federation from March 24, 2011 and the Conclusion of Comission on ethics from December 1, 2010

The RESOLUTION

of the Presidium of the Council of judges of the Russian Federation

Having heard the report of a member of the Presidium of the Council of judges of the Russian Federation, the chairman of the commission of the Council of judges of the Russian Federation on ethics of Andreeva T.K. about invocation of subparagraph 11 of point 3 of clause 3 of the Law of the Russian Federation «On the status of judges in the Russian Federation», the Presidium of the Council of judges of the Russian Federation

RESOLVES:

to confirm the Conclusion of the commission of the Council of judges of the Russian Federation on ethics about application of subparagraph 11 of point 3 of clause 3 of the Law of the Russian Federation «On the status of judges in the Russian Federation».

Chairman of the Council                                                                      Y.I. Sidorenko

Moscow

March 24, 2011

№256

 

VALIDATED

by the Resolution of the Presidium of the Council of judges of the Russian Federation from March 24, 2011 №256

ACCORDED

with the Highest Qualification Collegium of Judges of the Russian Federation

THE CONCLUSION

of application of subparagraph 11 of point 3 of article 3 of the Law

of the Russian Federation

«On the status of judges in the Russian Federation»

 

1. According to subparagraph 11 of point 3 of article 3 of the Law of the Russian Federation «On the status of judges in the Russian Federation» (hereafter – the Law on the status of judges) a judge hasn't the right to accept without the permission of corresponding qualifying collegium of judges honorable and special (except for scientific and sport) ranks, awards and other distinctions of the foreign states, political parties, other public associations and other organizations.

The specified requirement doesn't extend on the judges staying in resignation that is provided in point 4 of article 3 of the Law on the status of judges.

Consequently, established in subparagraph 11 of point 3 of article 3 of the Law on the status of judges order of acceptance honorable and special ranks, awards and other distinctions, named in it, is a guarantee of maintenance of independence and impartiality of a judge at exercising of judicial powers.

Consequently, acceptance by the person, holding a judicial post, honorable and special ranks, awards, other distinctions, for example, for the contribution to science development, art, literary and others creative or achievements in sport, international and charitable activities which have not been connected with exercising of judicial powers, doesn't demand the permission of corresponding qualifying collegium of judges.

2. In explanation of position containing in subparagraph 11 of point 3 of article 3 of the Law on the status of judges it is necessary to distinguish awards mentioned in it from awards in sense of chapter 56 «Public promise of an award» of the Civil code of the Russian Federation and from awards in sense of the gifts which reception is regulated in article 575 of the Civil code of the Russian Federation and in subparagraph 10 of point 3 of article 3 of the Law on the status of judges.

The awards which order of acceptance is defined in subparagraph 11 of point 3 of article 3 of the Law on the status of judges, don't refer to categories of civil-law character, therefore rules of chapter 56 of the Civil code of the Russian Federation don't extend on them.

If the awards specified in subparagraph 11 of point 3 of article 3 of the Law on the status of judges, have jewelry or other material value, so their acceptance requires not only observance of the order provided by the specified subparagraph, but also subparagraph 10 of point 3 of article 3 of the Law on the status of judges and article 575 of the Civil code of the Russian Federation.

3. In subparagraph 11 of point 3 of article 3 of the Law on the status of judges ranks, awards and other distinctions for which acceptance the permission of corresponding qualifying collegium of judges is required are defined.

From the content of this position follows that it doesn't extend on cases of awarding of judges the state awards of award system of the Russian Federation established by the Decree of the President of the Russian Federation from September 7th, 2010 № 1099 «On measures on improvement state award system of the Russian Federation».

Consequently , acceptance by the judge of honorable and special ranks, orders, medals provided by point 2 of the named Decree of the President of the Russian Federation, doesn't demand the permission of corresponding qualifying collegium.

4. The permission of qualifying collegium of judges is not required for acceptance of anniversary medals of the Russian Federation, the awards established by federal public authorities and other federal state structures, and also public authorities of subjects of the Russian Federation.

The specified medals and awards though aren't the state awards (point 3 of the Decree of the President of the Russian Federation from September 7th, 2010 № 1099), however in subparagraph 11 of point 3 of article 3 of the Law on the status of judges they are also not called directly.

In this connection the permission of qualifying collegium of judges for acceptance, for example, of a medal «For Distinguished Service to the Judiciary of the Russian Federation », established by superior courts of the Russian Federation, other departmental awards established by federal state bodies, and also awards and the honorary titles established by public authorities of subjects of the Russian Federation is not required.

5. From the content of subparagraph 11 of point 3 of article 3 of the Law on the status of judges follows that the permission of corresponding qualifying collegium of judges for acceptance honorable and special (except for scientific and sport) ranks, awards and other distinctions not only the foreign states, political parties, other public associations, but also other organizations is required.

In this connection it is important to be defined, what organizations are covered by concept «other organizations».

On sense of the position containing in subparagraph 11 of point 3 of article 3 of the Law on the status of judges, it is necessary to carry to the other organizations various commercial organizations (economic associations and societies, production co-operatives, the state and municipal unitary enterprises) and the noncommercial organizations, in which number are not only public organizations, but also religious organizations (association), and also consumer cooperative societies, establishments, funds and other organizations (article 50 of the Civil code of the Russian Federation).

For acceptance of honorable and special ranks, awards, other distinctions of the specified organizations it is necessary to obtain the permit of corresponding qualifying collegium.

Besides, it is expedient for a judge to abstain from acceptance of the awards having similarity with the state awards, but not being those. Owing to a part 6 of article 24 of the Federal law «On public associations» awards of public associations shouldn't have analogous, similar names or external similarity with the state awards of the Russian Federation, awards both departmental distinctions of public authorities and awards of local governments. According to a part of 2 articles 17.11 of the Code of the Russian Federation on administrative offenses the establishment or manufacturing of the signs having similarity with the state awards, attracts administrative responsibility.

It is not necessary also to accept signs, attributes or which symbolics are similar to the nazi attributes or confusingly similar symbolics (article 6 of the Federal law «On perpetuating of the Victory of the Soviet people in the Great Patriotic War 1941 - 1945», point 1 of article 1 of the Federal law «On counteraction of extremist activity», article 20.3 of the Code of the Russian Federation On administrative offenses).

6. On sense of the position containing in subparagraph 11 of point 3 of article 3 of the Law on the status of judges, in interrelation with the positions provided in article 9 of the Code of judicial ethics, it is not required permissions of corresponding qualifying collegium of judges for acceptance by a judge of ranks, awards and other distinctions established by bodies of judicial community, other organizations created by judges or with their participation, representing corporate associations of lawyers.

In this connection the order established in subparagraph 11 of point 3 of article 3 of the Law on the status of judges, doesn't extend on acceptance cases, for example, of the premium sign «For the Service to the  Judiciary» established by the resolution of the Council of the Russian Federation from April 19th, 2007 №115, of the award «Lawyer of year» established by the Association of the lawyers of Russia, of the award "Themis" established by the Moscow club of lawyers, the Association of lawyers of Russia and the International union of lawyers and other awards and ranks which are signs of a recognition of merits of a judge by the legal public.

7. When for accepting of ranks, awards and other distinctions the permission of corresponding qualifying board of judges isn't required, however their awarding or rewarding give to the person, their accepted, any privileges of material or social character (for example, at length of employment calculation, payment of utilities), assume the pecuniary reward or they have jewelry value, for their accepting it is necessary to appeal for permission in qualifying collegium of judges.

8. In cases when for acceptance of ranks, awards and other distinctions it is required the permission of corresponding qualifying collegium of judges (subparagraph 11 of point 3 of article 3 of the Law on the status of judges) a judge should appeal for the corresponding permission. At that the permission of the qualifying collegium of judges can be not only preliminary (before rank or award acceptance), but also subsequent, that is after awarding of a corresponding rank or an award. In case of the subsequent appeal for the permission when qualifying collegium of judges hasn't given the permission on acceptance by a judge of a rank or an award, they are subject to return to the corresponding organization.

 

December 1st, 2010                                                                                                                                                                                    The Commission of the Council of judges

                                                                                 of the Russian Federation on ethics

№ C/КЭ-3



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