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Law on Jurors of Federal Courts — Supreme Court of the Russian Federation

Law on Jurors of Federal Courts

RUSSIAN FEDERATION
FEDERAL LAW

On Jurors of Federal Courts of General Jurisdiction in the Russian Federation

20 August 2004
No. 113

Adopted by the State Duma on 31 July 2004
Approved by the Federation Council on 8 August 2004

[Translated as of June 2022]


Article 1. Consideration of Criminal Cases with Participation of Jurors

Criminal cases are considered with participation of jurors of federal courts of general jurisdiction (hereinafter – jurors) in the Supreme Court of the Russian Federation, in supreme courts of republics, courts of territories, regions, federal cities, in a court of autonomous region, courts of autonomous circuits, in district courts, circuit (fleet) military courts and garrison military courts (hereinafter – the courts), except for the military courts located outside of the Russian Federation.


Article 2. Participation of Citizens of the Russian Federation in the Administration of Justice as Jurors

1. Citizens of the Russian Federation (hereinafter – citizens) have the right to participate in the administration of justice as jurors when courts of first instance consider the criminal cases over which they have jurisdiction with participation of jurors. This right may only be limited by a federal law.

2. For citizens included into the lists of potential jurors, participation in the administration of justice as jurors is a civic duty.

Article 3. Requirements to Jurors

1. Citizens included into the lists of potential jurors and called upon, in the manner stipulated in the Criminal Procedure Code of the Russian Federation, to participation in court consideration of a criminal case, may be jurors.

2. The following persons cannot be jurors and potential jurors:

1) those who have not reached the age of 25 at the moment of compilation of lists of potential jurors;

2) those who have an unserved or unexpunged conviction;

3) those recognised as legally incapable or legally impaired by a court;

4) those registered with a narcological or psychoneurological dispensary due to treatment of alcoholism, drug addiction, toxicomania, chronic and protracted mental disorders.

3. The following persons are also not allowed to participate, as jurors, in court consideration of a criminal case in the manner stipulated in the Criminal Procedure Code of the Russian Federation:

1) those suspected or accused of committing crimes;

2) those not having command of the language of court proceedings;

3) those with physical or mental disabilities precluding them from fully participating in the court consideration of a criminal case.

Article 4. Lists of Potential Jurors

1. Every four years, the executive-administrative body of a municipal entity compiles a list and a backup list of potential jurors of the municipal entity, including into those lists the citizens constantly residing on the territory of the corresponding municipal entity.

2. Every four years, based on the lists and backup lists of potential jurors of municipal entities provided by the heads of municipal entities, the top executive public authority of a constituent entity of the Russian Federation compiles a general list and a backup lists of potential jurors of the constituent entity of the Russian Federation, including into them the number of citizens, constantly residing within that constituent entity of the Russian Federation, necessary for the activities of the corresponding court, as well as the lists and backup lists of potential jurors of circuits, formed in accordance with Part 3 of Article 5 of this Federal Law, including into them the number of citizens, constantly residing within the territories of municipal entities comprising the circuits, necessary for the work of the corresponding courts.

3. The number of citizens subject to inclusion into the general list of potential jurors of a constituent entity of the Russian Federation from every municipal entity must, on average, correspond to the ratio between the number of citizens constantly residing within the municipal entity and the number of citizens constantly residing within the constituent entity of the Russian Federation.

4. The number of citizens subject to inclusion into the backup list of potential jurors of the municipal entity is determined by the executive-administrative body of the municipal entity, and the number of citizens subject to inclusion into the backup list of potential jurors of the circuit and the backup list of potential jurors of the constituent entity of the Russian Federation is determined by the top executive public authority of the constituent entity of the Russian Federation. The number of citizens subject to inclusion into the backup list of potential jurors of a municipal entity, backup list of potential jurors of a circuit and the backup list of potential jurors of a constituent entity of the Russian Federation is no more than one fourth of the number of potential jurors subject to inclusion, respectively, into the list of potential jurors of the municipal entity, list of potential jurors of the circuit and the list of potential jurors of the constituent entity of the Russian Federation.

Article 5. Manner and Time for Compilation of Lists of Potential Jurors

1. No later than three months before the powers of potential jurors, previously included into the lists of potential jurors expire, the presidents of the supreme court of a republic, of a court of a territory, region, federal city, autonomous region, autonomous circuit, forward their proposals regarding the number of potential jurors necessary for the work of the corresponding courts to the top executive public authority of the corresponding constituent entity of the Russian Federation.

2. In accordance with Article 4 of this Federal Law, the top executive public authority of the constituent entity of the Russian Federation determines the manner and time for the compilation of lists and backup lists of potential jurors of municipal entities and informs the executive-administrative bodies of municipal entities about the number of citizens subject to inclusion in the aforementioned lists from the corresponding municipal entities. During compilation of the lists of potential jurors of a municipal entity, the number of citizens included therein must not exceed 10 % of the number of citizens subject to inclusion into said lists, determined by the top executive public authority of the constituent entity of the Russian Federation. The compiled lists are presented to the top executive public authority of the constituent entity of the Russian Federation.

3. If the number of population in the municipal entities over which the jurisdiction of a district court extends is insufficient to form the lists of potential jurors, the top executive public authority of the constituent entity of the Russian Federation may by own decree form circuits from several municipal entities based on the proposal of the president of the supreme court of a republic, of the court of a territory, region, federal city, autonomous region or autonomous circuit.

4. Potential jurors of a municipal entity are determined through random selection using the “Elections” State Automated System of the Russian Federation, based on the personal data of voters, referendum participants contained in its information resources. Herewith, persons who cannot be jurors in accordance with Part 2 of Article 3 of this Federal Law are excluded from the numbers of selected citizens.

5. The executive-administrative body of a municipal entity informs the citizens residing on the territory of the municipal entity about the compilation of the list and backup list of potential jurors of the municipal entity. It also notifies the citizens included into the lists of potential jurors of the municipal entity; within two weeks it allows the citizens to study the lists and considers written applications received from citizens included into the lists of potential jurors of the municipal entity regarding their exclusion from those lists and correction of inaccurate data about the potential jurors contained in those lists.

6. The corrected lists and backup lists of potential jurors of municipal entities are signed by the heads of municipal entities, sealed and sent to the district courts whose jurisdiction extends over the territories of the corresponding municipal entities, as well as to the top executive public authority of the constituent entity of the Russian Federation.

7. Based on the lists and backup lists of potential jurors of municipal entities, received from executive-administrative bodies of municipal entities, the top executive public authority of the constituent entity of the Russian Federation compiles the general and backup lists of potential jurors of the constituent entity of the Russian Federation, and where Part 3 of this Article applies – also the lists and backup lists of potential jurors of circuits.

8. Only the citizens constantly residing in the locality where the corresponding court has its constant location are included into the backup list of potential jurors of a municipal entity, backup list of potential jurors of a circuit and backup list of potential jurors of a constituent entity of the Russian Federation.

9. The general and backup lists of potential jurors of a constituent entity of the Russian Federation, as well as the lists and backup lists of potential jurors of circuits are signed by the head of the top executive public authority of the constituent entity of the Russian Federation and sealed.

10. The list and backup list of potential jurors of a municipal entity are published in the mass media of the municipal entity and contain only the family names, first names and patronymics of the potential jurors.

11. Citizens have the right to address the executive-administrative body of the corresponding municipal entity with written applications regarding their unfounded inclusion into said lists, their exclusion from those lists or correction of inaccurate data about the potential jurors contained in those lists.

12. The executive-administrative body of a municipal entity considers the written applications received in accordance with Part 11 of this Article within five days and adopts decisions in their regard, which can be challenged before a court in the manner stipulated in the Code of Administrative Judicial Procedure of the Russian Federation.

13. The amendments and additions introduced into the list and backup list of potential jurors by the executive-administrative body of a municipal entity are published in the mass media of the municipal entity. Based on the amendments and additions introduced into said lists, the top executive public authority of the constituent entity of the Russian Federation introduces the corresponding amendments and additions into the lists and backup lists of potential jurors of circuits, the general and backup lists of potential jurors of the constituent entity of the Russian Federation.

14. On an annual basis (or within a shorter time, upon proposal of a court president), the executive-administrative bodies of municipal entities and the top executive public authority of the constituent entity of the Russian Federation are obliged to check and, if necessary, to amend and update the lists of potential jurors in accordance with the provisions of this Article, excluding the citizens who lost the right to be jurors and adding those who have been additionally elected.

15. The financial support of powers of compiling the lists of potential jurors, transferred to the executive-administrative bodies of municipal entities, is provided from the funds of the federal budget in the manner and amounts determined by the Government of the Russian Federation.

Article 5.1. Special Features of Compiling the Lists of Potential Jurors in the Federal Cities of Moscow, Saint-Petersburg and Sevastopol

1. In the federal cities of Moscow, Saint-Petersburg and Sevastopol, the lists of potential jurors are compiled in accordance with this Federal Law, taking into account the special features stipulated in this Article.

2. In the federal cities of Moscow, Saint-Petersburg and Sevastopol, the lists of potential jurors are compiled by the top executive public authority of the corresponding federal city and (or) by the executive public authority of the corresponding federal city authorized by its top executive public authority.

3. The laws of federal cities of Moscow, Saint-Petersburg and Sevastopol may empower the executive-administrative bodies of intracity municipal entities of the corresponding federal cities to compile the lists of potential jurors.

4. The lists of potential jurors formed in the federal cities of Moscow, Saint-Petersburg and Sevastopol, the amendments and additions introduced therein are published in the mass media of the corresponding federal city and contain only the family names, first names and patronymics of the potential jurors.

5. Funds of the federal budget for the financial support of the powers of compiling the lists of potential jurors in the federal cities of Moscow, Saint-Petersburg and Sevastopol are provided in the manner and amounts determined by the Government of the Russian Federation.

Article 6. Duties of Officials and Heads of Organisations to Provide Information for Compilation of Lists of Potential Jurors

1. Officials and heads of organisations, independent of their organizational and legal form, are obliged, upon the request of an executive-administrative body of a municipal entity and of the top executive public authority of the constituent entity of the Russian Federation, to provide information necessary for compilation of lists of potential jurors.

2. Persons indicated in Part 1 of this Article bear liability stipulated in the Code of the Russian Federation on Administrative Offences for failing to provide information necessary for compilation of lists of potential jurors, as well as for knowingly providing incorrect information.

Article 7. Exclusion of Citizens from Lists of Potential Jurors

Citizens included into the list and backup list of potential jurors of a municipal entity are excluded from said lists by the executive-administrative body of the municipal entity. Citizens included into the list and backup list of potential jurors of a circuit, the general and backup lists of potential jurors of a constituent entity of the Russian Federation are excluded from said lists by the top executive public authority of the constituent entity of the Russian Federation, if:

1) facts are discovered, indicated in Part 2 of Article 3 of this Federal Law;

2) a citizen files a written application stating that there are circumstances precluding her/him from performing the duties of a juror, if he/she:

a) does not have command of the language of court proceedings;

b) is a person unable to perform the duties of a juror due to the state of her/his health, which is confirmed by medical documents;

c) is a person that has reached the age of 65;

d) is a person occupying a state office or an elected office in the local self-government bodies;

e) is a member of the military;

e.1) is a citizen discharged from contract military service within the bodies of the federal security service, state protection bodies or foreign intelligence bodies – within five years since the day of discharge;

f) is a judge, prosecutor, investigator, inquiry officer, advocate, notary, an official of judicial enforcement bodies of the Russian Federation or a private detective – during the period of professional activities and within five years after their termination;

f.1) is a special rank officer of internal affairs bodies, customs bodies or bodies and institutions of the penitentiary system;

f.2) is a citizen discharged from service within the bodies and institutions indicated in sub-Item f.1 of this Item – within five years since the day of discharge;

g) is a cleric.

Article 8. Forwarding the Lists of Potential Jurors to the Court

1. The lists and backup lists of potential jurors of municipal entities, compiled by the executive-administrative bodies of municipal entities, as well as the lists and backup lists of potential jurors of circuits, the general and backup lists of potential jurors of a constituent entity of the Russian Federation, compiled by the top executive public authority of the constituent entity of the Russian Federation, are forwarded to the corresponding court no later than one month before the expiration of powers of potential jurors, included into the lists of potential jurors previously presented to the court.

2. Amendments introduced into the lists of potential jurors in accordance with Part 14 of Article 5 of this Federal Law are forwarded to the corresponding court within one week.

3. If persons indicated in Part 2 of Article 3 of this Federal Law or persons who filed written applications regarding their exclusion from the lists of potential jurors in accordance with Item 2 of Article 7 of this Federal Law are discovered in the lists of potential jurors received by the court, or if it is necessary to make additions to said lists, the court president presents a proposal regarding the need to make amendments and additions to the lists of potential jurors of a municipal entity to the executive-administrative body of a municipal entity or a proposal regarding the need to make amendments and additions to the list and backup list of potential jurors of a circuit, the general and backup lists of potential jurors of a constituent entity of the Russian Federation to the top executive public authority of the constituent entity of the Russian Federation.

Article 9. Abrogated since 1 January 2013.

Article 9.1. Potential Jurors of a Circuit (Fleet) Military Court, Garrison Military Court

1. The general and backup lists of potential jurors, compiled in the manner stipulated in Articles 5–8 of this Federal Law, are forwarded to a circuit (fleet) military court by the top executive public authorities of the constituent entities of the Russian Federation, on the territories of which this court acts, based on the proposal of the president of the corresponding court.

2. At the circuit (fleet) military court, a single general list and a single backup list of potential jurors of this court and of subordinate garrison military courts are compiled based on all the presented lists of potential jurors.

3. Potential jurors are selected for participation in consideration of criminal cases by the circuit (fleet) military court and garrison military court by the staff of the corresponding military court through random selection from the single general and single backup lists of potential jurors of the corresponding court.

Article 10. Manner and Time of Performance of a Juror’s Duties by a Citizen

1. Citizens are called upon to perform the duties of jurors in court in the manner stipulated in the Criminal Procedure Code of the Russian Federation once per year for ten working days, and if the consideration of a criminal case commenced with participation of jurors does not end by expiration of that period – for the whole duration of consideration of the case.

2. Potential jurors summoned to the court but not selected to the jury panel and not relieved from the duties of potential jurors on the grounds stipulated in Articles 3 and 7 of this Federal Law may be drawn to participation as jurors in a different court session.

Article 11. Material Support of Jurors

1. For the time spent in performance of duties in the administration of justice, the court pays the juror compensatory remuneration at the expense of the federal budget. The amount of the remuneration comprises a half of the basic salary of a judge of that court, proportionate to the number of days the juror participated in the administration of justice, but no less than the average salary of the juror at her/his main place of employment for such a period. The manner of payment of compensatory remuneration to the jurors is determined by the Government of the Russian Federation.

2. The court compensates the juror for the travel expenses, as well as transport expenses incurred in transfer to the court location and back; this is done in the manner and amount stipulated in legislation for the judges of this court.

3. During performance of duties of administration of justice, the juror retains the guarantees and compensations stipulated in labour legislation at the main place of employment. It is not allowed to fire the juror or transfer her/him to a different job at the initiative of the employer during this period.

4. The time during which the juror performed duties of administration of justice is included in calculation of all types of working experience.

Article 12. Guarantees of Independence and Immunity of a Juror

1. Guarantees of independence and immunity of judges, stipulated in the Constitution of the Russian Federation, in Federal Constitutional Law No. 1 of 31 December 1996 “On the Judicial System of the Russian Federation”, in Item 1 (except for the third, fourth and sixth paragraphs) and the first paragraph of Item 2 of Article 9, Article 10, Items 1, 2, 5, 6, 7 and 8 of Article 16 of Law of the Russian Federation No. 3132-1 of 26 July 1992 “On the Status of Judges in the Russian Federation”, in Federal Law No. 45 of 20 April 1995 “On State Protection of Judges, Officials of Law Enforcement and Controlling Bodies”, as well as in this Federal Law, apply to a juror during her/his administration of justice.

2. Persons preventing the juror from performing the duties of administration of justice are liable in accordance with the legislation of the Russian Federation.

Article 13. Closing and Transitory Provisions

1. Lists of potential jurors for the courts, in which the legislation of the Russian Federation stipulates consideration of criminal cases with participation of jurors, must be compiled within three months from the day on which this Federal Law enters into force.

2. Citizens included into the lists of potential jurors before the entry of this Federal Law into force retain their powers until the lists of jurors are compiled in accordance with this Federal Law, and if they participate as jurors in the consideration of criminal cases that cannot be completed before the expiration of said period – until the consideration of those cases is completed.

3. The following are abrogated:

1) Section V of Law of the RSFSR of 8 July 1981 “On Court Structure of the RSFSR” (Gazette of the Supreme Soviet of the RSFSR, 1981, No. 28, Art. 976);

2) Item 5 of Section I of Law of the Russian Federation No. 5451-1 of 16 July 1993 “On Amendments and Additions to Law of the RSFSR ‘On Court Structure of the RSFSR’, the Criminal Procedure Code of the RSFSR, the Criminal Code of the RSFSR and the Code of the RSFSR on Administrative Offences” (Gazette of the Congress of the People’s Deputies of the Russian Federation and of the Supreme Soviet of the Russian Federation, 1993, No. 33, Art. 1313);

3) Article 1 of Federal Law No. 116 of 25 July 2002 “On Amendments and Additions to Certain Legislative Acts of the Russian Federation due to Improvement of Governance in the Sphere of Fire Safety” (Legislation Bulletin of the Russian Federation, 2002, No. 30, Art. 3033).


President of the Russian Federation
V. Putin

Moscow, the Kremlin
20 August 2004

Federal Law No. 113

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Law on Jurors of Federal Courts — Supreme Court of the Russian Federation
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