Jonah Patel
The Constitutional Court of Russia is one of the two highest courts in the country's court system. It is composed of eleven judges, one of whom is the President of the Court, and another the Deputy President. The judges of the Constitutional Court are nominated by the President of Russia and appointed by the Federation Council. The President of the Court presides over the court's sessions and represents the court in its relations with state bodies. In this article, we will explore the process of selecting judges for the Constitutional Court of Russia, including the eligibility criteria and appointment procedure.
| Characteristics | Values |
|---|---|
| Number of Judges | 11 |
| Quorum | 8 |
| Who appoints the judges? | Appointed by the Federation Council |
| Who nominates the judges? | Nominated by the President of Russia |
| Term length | 12 years (as of 1994) |
| Age limit for regular judges | 70 |
| Age limit for Deputy President of the Court | 76 |
| Age limit for President of the Court | None |
| Citizenship | Citizen of Russia |
| Minimum age | 40 |
| Education | Legal education |
| Work experience | Served as a lawyer for at least 15 years |
| Qualifications | Recognized high qualification in law |
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What You'll Learn
The Constitutional Court of Russia's role
The Constitutional Court of Russia is one of the two highest courts in the court system of the Russian Federation. It is composed of eleven judges, including the President of the Court and the Deputy President of the Court. The Court's role is to rule on whether laws, presidential decrees, and directives, and regional constitutions comply with the federal constitution. It also deals with judicial disputes between federal bodies, between a federal body and a member of the Federation, and between members of the Federation.
The Constitutional Court is not entitled to judge the constitutionality of laws on its own initiative. Instead, the law in question may be submitted to the Court by the President of Russia, the government of Russia, the State Duma, the Federation Council, one-fifth of deputies of the State Duma or the Federation Council, or the Supreme Court of the Russian Federation. Additionally, any federal court may request the Constitutional Court to judge the constitutionality of a law if the law is to be implemented in a case, and a judge of the federal court is in doubt about whether the law is contrary to the Constitution.
The Constitutional Court also has the power to resolve disputes concerning the competence of governmental agencies. Whenever the President of Russia is impeached, the Court renders a resolution concerning compliance with the due order of indictment. The Court deals with cases in chambers or in plenary sessions, and all judges must be present unless they are sick or may have an interest in the case; they must not abstain from voting on the resolution.
The Constitutional Court of Russia interprets and applies the law of Russia, as defined under the Constitution and law. It is part of a hierarchical structure with the Supreme Court, with the Constitutional Court and Supreme Court at the apex. The district courts are the primary criminal trial courts, and the regional courts are the primary appellate courts. The judiciary is governed by the All-Russian Congress of Judges and its Council of Judges, with management aided by the Judicial Department of the Supreme Court, the Higher Qualification Board of Judges, and the Ministry of Justice.
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Qualifications to be a judge
The Constitutional Court of the Russian Federation is a high court within the judiciary of Russia. It is responsible for cases concerning the Constitution and judicial disputes between federal bodies, a federal body and a member of the Federation, and between members of the Federation. The Court consists of 11 judges, including the President and Deputy President.
To become a judge of the Constitutional Court, a person must meet several qualifications as outlined in the Constitutional Court Act. Firstly, they must be a citizen of Russia and at least 40 years of age. They must possess a legal education and have served as a lawyer for a minimum of 15 years. Additionally, they must have "recognized high qualifications" in law. This requirement indicates that candidates should demonstrate exceptional knowledge, skills, and expertise in the field of law.
The judges of the Constitutional Court are nominated by the President of Russia and appointed by the Federation Council. The term length for judges has varied over the years, with the initial term set at 12 years in 1994, later increased to 15 years in 2001, and eventually dismissed in 2005. Currently, there is no specified term length for judges of the Constitutional Court, but there is an age limit of 70 years for regular judges and 76 years for the Deputy President. The President of the Court holds no age limit.
The process of selecting judges for the Constitutional Court involves proposals introduced to the President by Senators, deputies of the State Duma, legislative bodies of federal subjects, supreme judicial bodies, and various legal entities. The President then nominates candidates to the Federation Council, which makes the final appointment decision.
The Constitutional Court plays a crucial role in ensuring that laws, decrees, and directives conform to the Constitution of Russia. Its powers are outlined in the Constitution, and it serves to protect the rights and freedoms of citizens.
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Who appoints judges
The President of Russia nominates candidates for judges of the Constitutional Court. The President also has considerable powers in matters of appointment. The judges are then appointed by the Federation Council.
The President of the Constitutional Court is chosen by the judges from among themselves for a term of three years, which is renewable. The President of the Court has no age limit. The Deputy President of the Court, on the other hand, has an age limit of 76. The President of the Constitutional Court is currently Valery Zorkin.
The exact number of judges of the Constitutional Court is determined by Article 125 of the Constitution of Russia. Article 9 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation" states that the Federation Council shall consider the question of the appointment of a judge of the Constitutional Court no later than 14 days after receiving the submission of the President of the Russian Federation.
Proposals regarding candidates for judges of the Constitutional Court may be introduced to the President by Senators and by deputies of the State Duma, as well as by legislative bodies of federal subjects of Russia, supreme judicial bodies, federal legal departments, All-Russia law associations, and legal research and educational institutions.
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Term lengths
The term lengths for judges of the Constitutional Court of Russia have varied over time. The original 1993 Constitution of Russia did not specify any term length for judges of the Constitutional Court, except for an age limit. The first version of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation", approved in 1994, set a term length of 12 years and an age limit of 70.
In 2001, amendments were made to this law, increasing the term length from 12 to 15 years and removing the age limit. However, by the end of the same year, the age limit was reinstated. In 2005, the tenure length was removed altogether.
The most recent changes to the term lengths occurred in 2009, when the position of Judge-Secretary was abolished, and the term of office for all judges was set to 6 years. Additionally, since 2010, the President of the Constitutional Court has been exempt from the age limit of 70.
It is important to note that the President of the Constitutional Court is not subject to the same term limits as the other judges. The President is appointed by the Federation Council for an indefinite term, while the other judges have a term length of 6 years, as of the 2009 amendments.
To be eligible for the position of judge, a person must be a citizen of Russia, at least 40 years old, possess legal education, have a minimum of 15 years of experience as a lawyer, and have "recognized high qualification" in law.
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The court's jurisdiction
The Constitutional Court of Russia is one of the two highest courts in the country's court system. It is composed of eleven judges, including a President and a Deputy President. The Court's primary function is to rule on whether laws, decrees, and directives issued by the President or federal bodies, as well as regional constitutions, laws, and treaties, comply with the Constitution of Russia. This process is known as "constitutional review" and ensures that the rights and freedoms of citizens, as enumerated in the Constitution, are protected.
The Constitutional Court also has the power to declare laws, decrees, and federal subjects' laws unconstitutional if they are found to be contrary to the Constitution. In such cases, the law in question becomes unenforceable, and governmental agencies are barred from implementing it. Additionally, the Court can resolve disputes concerning the competence of governmental agencies and issues of impeachment of the President of Russia.
The Court deals with cases in chambers or plenary sessions, with all judges required to be present unless they are sick or have a conflict of interest. The President of the Court presides over these sessions and represents the Court in its relations with state bodies. The Court's jurisdiction is limited to "constitutional control" or "constitutional supervision", ensuring that laws and actions are in line with the Constitution.
While the Constitutional Court has the power to review and interpret laws in relation to the Constitution, it cannot initiate cases on its own. Instead, cases are brought before the Court by the President of Russia, the government, the State Duma, the Federation Council, one-fifth of the deputies of the State Duma or Federation Council, or the Supreme Court. Additionally, any federal court judge or private citizen can submit a request to the Constitutional Court if they believe a law implemented in a case violates the Constitution or their rights as a citizen.
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Frequently asked questions
There are 11 judges in the Constitutional Court of Russia, with a quorum of 8.
The judges of the Constitutional Court are nominated by the President of Russia and appointed by the Federation Council.
To become a judge of the Constitutional Court, a person must be a citizen of Russia, at least 40 years of age, have a legal education, have served as a lawyer for at least 15 years, and have a "recognized high qualification" in law.
The term length for judges of the Constitutional Court has varied over time. It was initially set at 12 years in 1994, increased to 15 years in 2001, and then removed in 2005. Since 2010, there has been no age limit for the President of the Constitutional Court, while the age limit for the Deputy President is currently 76 years old.
