Email this article On the federal constitutional law governing the appointment of judges: what should our judges be like
- Authors: Kleandrov M.I.1
-
Affiliations:
- Institute of State and Law of the Russian Academy of Sciences
- Issue: No 5 (2025)
- Pages: 121-134
- Section: Judicial power
- URL: https://journal-vniispk.ru/1026-9452/article/view/306958
- DOI: https://doi.org/10.31857/S1026945225050117
- ID: 306958
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Abstract
The issue of appointing federal judges to their post by the President of the Russian Federation is being considered. Prior to the constitutional innovations of 2020, Part 2 of Art. 128 of the Constitution of the Russian Federation proclaimed that judges of other federal courts (the “other ” refers to the Constitutional and Supreme Courts of the Russian Federation, whose judges, as per Part I of Article 128 of the Constitution of the Russian Federation, are appointed by the Federation Council upon recommendation of the President of the Russian Federation) are appointed by the President of the Russian Federation in the manner, prescribed by the Federal Law. By the Law of the Russian Federation of 14 March 2020 No. 1-FKZ, Part 2 of the Constitution of the Russian Federation was transformed, and now it proclaims that the chairmen, deputy chairmen and judges of other federal courts (again, with the exception of the heads and judges of the Constitutional and Supreme Courts of the Russian Federation) are appointed by the President of the Russian Federation in the manner, prescribed by federal constitutional law. Considering that the existing formal and personal requirements for holding the position of a judge, with some exceptions, are acceptable and after some adjustments can be enshrined in a future federal constitutional law, the author focuses on justifying the need to consolidate the requirements for health (mental and physical) that do not correspond to a judge and a predisposition to the implementation of fair justice.
About the authors
M. I. Kleandrov
Institute of State and Law of the Russian Academy of Sciences
Author for correspondence.
Email: mklean@igpran.ru
Moscow
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