World Court Associate Judge. Judge Assistant. Court secretary. Features of work in arbitration courts

Other participants in the arbitration process assisting the court in exercising their powers

Under such other participants in the process, helping the court to exercise all the powers assigned to it by law, are meant the assistant judge and the secretary of the court session. The secretary of the meeting is an official authorized to take minutes during the consideration of the case.

When performing the functions assigned to him, he must correctly and fully set out in the document he draws up the actions that were committed during the proceedings, as well as all court decisions taken as a result of the consideration of the case. It is worth noting that the secretary of the meeting is not an employee of the office. During the process, he also performs an authenticating function, because the protocol he draws up is a kind of evidence. An assistant judge is a participant in legal proceedings who assists the judge in preparing the case materials for consideration, as well as directly during the session. The Arbitration Procedure Code of the Russian Federation separately focuses on the fact that such a subject does not have the right to perform functions that are directly or indirectly aimed at the administration of justice.

Judge Assistant. Its legal status and functions assigned to it

The Arbitration Procedure Code of the Russian Federation, as well as all federal laws adopted on its basis, consider an assistant judge as a person who is directly involved in the process. Accordingly, these persons have a certain legal status and special functions. In accordance with the requirements of regulatory legal acts relating to the regulation of the judicial process, all specific duties aimed at keeping minutes of the court session and performing certain actions can be carried out by a judge up to the moment when an assistant judge is appointed.

In turn, the assistant referee must perform such functions immediately prior to the appointment of the session secretary.

There are a number of functions that can be assigned to an assistant referee:

• on behalf of the judge, he can take part in the preparation of the case for the upcoming trial;
• the functions of an assistant judge include helping the judge in organizing the process, planning it, planning the upcoming interview, preliminary meeting;
• informs the judge about the presence of certain evidence;
• notifies the judge of the presence of applications and motions filed by persons participating in the proceedings in the case under consideration;
• informs all persons participating in the case, their legal representatives about the details of the arbitration court in which the case will be considered, about information resources where all the necessary information can be obtained.

Separately, it is worth noting the fact that, in accordance with the rules contained in the Arbitration Procedure Code of the Russian Federation, an assistant judge does not have the right to perform the following functions:

• aimed at the administration of justice;
• aimed at the performance of certain actions, which entail a change in the rights and obligations of the persons participating in the consideration of the case and other participants in the proceedings.

Despite the fact that the assistant judge cannot exert any influence on the outcome of the case, as well as on the substantive legal relations between the parties, he can also be challenged. A challenge may be filed in cases where one of the participants in the arbitration process has evidence that the assistant judge is interested in the results of the case. The assistant judge, as well as the judge himself and the secretary of the session, have the right to declare self-withdrawal.

Powers, Rights and Obligations of the Secretary of the Court Session

Despite the fact that the secretary of the court session is not actually involved in resolving the case, he can affect objectivity, as he reflects the course of the arbitration process in the minutes of the session. When compiling the minutes of the meeting, the secretary, one way or another, sets out his vision of the process. It is for this reason that a disinterested person should act as a secretary - this is the main requirement for the participation of a secretary in the process under consideration. If circumstances are identified before or during the trial that may indicate an interest this participant process in the outcome of the case, he must be challenged. The secretary himself also has the right to declare self-withdrawal.

The powers, rights and obligations of the secretary of the court session are determined by the Arbitration Procedure Code of the Russian Federation.

According to this normative act, the secretary of the court session is obliged to perform the following functions:

• check the presence in the courtroom of all persons participating in the case, and then report this to the judge;
• set out in the minutes of the court session as fully and competently as possible all the actions and decisions of the court, the actions committed by each individual participant in the process;
• within the terms established at the level of legislation, prepare the minutes of the meeting, sign it together with the presiding judge.

If there are disagreements between the presiding judge and the secretary regarding the content of the protocol, the latter has the right to attach his comments to the protocol drawn up by him, which will subsequently be considered by the composition of the court. The Arbitration Procedure Code of the Russian Federation separately allocates a list of persons who cannot act as secretaries of a court session. These include:

• persons who are directly or indirectly interested in the outcome of the case under consideration;
• persons who took part in its consideration, regardless of the capacity in which they took such part. The only exceptions are cases where in the previous consideration of this case, this person took part in it as a secretary;
• persons whose relatives are involved in the consideration of the case.

If one of the above circumstances is revealed, the secretary of the meeting must declare self-withdrawal. If the secretary does not fulfill this duty, any of the participants in the case under consideration may challenge him.

The final decision regarding the removal of the secretary can only be made by the judge, based on his consideration of the submitted application.

In some cases, participants in legal proceedings are required to obtain a copy of the ruling issued by the arbitration court based on the results of the trial. The preparation of such a copy is carried out by the secretary of the meeting or the assistant judge. It is worth noting that all these copies must be certified by the signatures of the judge, the secretary, and the seal of the arbitration court must also be on the document. If a copy of the ruling consists of several sheets, the secretary must necessarily number them, lace them up and seal them.

Order of the Judicial Department at the Supreme Court of the Russian Federation of December 6, 2010 N 272 “On approval of standard job regulations for the assistant to the chairman of the court (judge) of the supreme court of the republic, regional and regional courts, the court of a federal city, the courts of an autonomous region and an autonomous district, a district ( naval) military court, district court and garrison military court"

In accordance with Article 47 of the Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service Russian Federation»I order:

1. To approve the attached assistant to the chairman of the court (judge) of the supreme court of the republic, the regional and regional courts, the court of the federal city, the courts of the autonomous region and the autonomous district, the district (naval) military court, the assistant to the chairman of the court (judge) of the district court and the garrison military court (hereinafter referred to as the Standard Job Regulations).

2. The chairmen of the supreme courts of the republics, regional and regional courts, courts of cities of federal significance, courts of the autonomous region and autonomous districts, district and military courts, on the basis of approval of the job regulations of the assistant chairman of the court and assistant judge of the corresponding federal court of general jurisdiction.

4. To impose control over the execution of this order on the deputy Director General Judicial Department at the Supreme Court of the Russian Federation Parshina A.AND.

Model job regulations
assistant to the chairman of the court (judge) of the supreme court of the republic, the regional and regional courts, the court of the city of federal significance, the court of the autonomous region and the autonomous district, the district (naval) military court

Section 1. General Provisions

1.1. The Model Job Regulations for an Assistant to the Chairman of a Court (Judge) of the Supreme Court of a Republic, Territorial and Regional Courts, a Court of a Federal City, a Court of an Autonomous Region and an Autonomous Area, a District (Naval) Military Court (hereinafter referred to as the Model Job Regulations) was developed in accordance with the Federal Laws of May 27, 2003 No. 58-FZ "On the public service system of the Russian Federation", dated July 27, 2004 No. 79-FZ "On the state civil service of the Russian Federation" (hereinafter referred to as the Federal Law on the State Civil Service), dated January 8 1998 No. 7-FZ “On the Judicial Department under the Supreme Court of the Russian Federation”, Decree of the President of the Russian Federation of December 31, 2005 No. 1574 “On the Register of Positions of the Federal State Civil Service”, Decree of the President of the Russian Federation of September 27, 2005 No. 1131 “On qualification requirements for the length of service in the civil service (public service of other types) or work experience with specialties for federal state civil servants”; Decree of the President of the Russian Federation of November 19, 2007 No. 1554 “On the procedure for assigning and maintaining class ranks of justice to persons holding public positions in the Russian Federation and positions of the federal state civil service, and establishing monthly salaries for federal state civil servants for a class rank in accordance with the assigned them with class officials of justice.

1.2. The position of an assistant to the chairman of the court (judge) in the apparatus of the supreme court of the republic, regional and regional courts, the court of the city of federal significance, the court of the autonomous region and the autonomous district, the district (naval) military court (hereinafter referred to as the assistant to the chairman of the court (judge) belongs to the leading group of positions State civil service of the Russian Federation category "assistant (advisers)".

1.3. According to paragraph 2 of Part 2 of Article 9 of the Federal Law on the State Civil Service, the positions of the state civil service "assistant to the chairman of the court" and "assistant to the judge" are established to ensure the execution of the powers of persons holding public positions "chairman of the federal court" and "judge of the federal court".

1.4. The positions of "assistant to the chairman of the court (judge)" correspond to the class ranks of justice "adviser of justice of the 1st class" ("adviser of justice of the 2nd class").

1.5. The appointment of a person to the position of "assistant to the chairman of the court (judge)", as well as dismissal from office, is carried out by order of the chairman of the corresponding federal court of general jurisdiction.

1.8. The assistant to the chairman of the court (judge) is guided in his activities by the Constitution of the Russian Federation, federal constitutional and laws and federal laws, other regulatory legal acts of the Russian Federation, orders and orders of the Chairman of the Supreme Court of the Russian Federation, the chairman of the supreme court of the republic, regional and equal courts, regulatory legal acts and governing documents of the Judicial Department at the Supreme Court of the Russian Federation, these Model Job Regulations.

1.10. For the period of temporary absence of an assistant to the chairman of the court, he is replaced by an assistant judge, for the period of absence of an assistant judge, his duties are assigned to another assistant judge of this court.

2.1. Persons applying for the positions of the state civil service "assistant to the chairman of the court" and "assistant to the judge" must have a higher legal education and comply with the qualification requirements established by federal laws and regulatory legal acts on the federal state civil service of the Russian Federation.

the Convention for the Protection of Human Rights and Fundamental Freedoms, its Protocols, as well as the practice of the European Court of Human Rights;

resolutions and rulings of the Constitutional Court of the Russian Federation;

Federal constitutional laws (including the Federal Constitutional Law of December 31, 1996 No. 1-FKZ "On the Judicial System of the Russian Federation"), federal laws (including the Law of the Russian Federation of June 26, 1992 No. 3132-I "On Status of Judges in the Russian Federation”, dated January 8, 1998 No. 7-FZ “On the Judicial Department at the Supreme Court of the Russian Federation”), the Civil Procedure Code of the Russian Federation (hereinafter referred to as the Code of Civil Procedure of the Russian Federation), the Code of Criminal Procedure of the Russian Federation (hereinafter referred to as Criminal Procedure Code of the Russian Federation), the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation) and other laws aimed at the administration of justice, decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation, resolutions of the Supreme Court of the Russian Federation, resolutions of the Council of Judges of the Russian Federation, acts of the Judicial Department at the Supreme Court of the Russian Federation and other normative legal acts regulating the activities of federal courts in general jurisdiction and features of the state civil service;

the structure of federal executive bodies;

the procedure for working with proprietary information of limited distribution;

a list of information classified as state secrets;

general principles of service behavior of civil servants;

rules of conduct for employees of the court apparatus; internal labor regulations;

normative documents regulating the activities of the reception court; rules of conduct for visitors in the courthouse;

local acts of the court;

official regulations.

analyze and summarize information;

3.2. The assistant to the chairman of the court (judge) is not entitled to take actions that entail the emergence, change or termination of the rights or obligations of the persons participating in the case and other participants in the trial.

3.3. The assistant to the chairman of the court (judge) must perform the duties provided for in Articles 15 and 18 of the Federal Law on the State Civil Service, as well as on behalf of the chairman of the court (judge):

carry out information-legal and codification support for the activities of the chairman of the court (judge), including:

select the regulatory legal framework for the relevant category of civil cases, criminal cases, as well as cases of administrative offenses;

draw up draft analytical materials (references), reviews of judicial practice;

prepare opinions on contentious issues judicial practice and materials for reports and speeches;

monitor messages about the work of a judge in the media mass media;

assist in the implementation of internal audits;

inform the chairman of the court (judge) about the official duties violations of the current legislation;

carry out other instructions of the chairman of the court (judge) related to his professional activity.

submits for consideration to the chairman of the court proposals for improving the organization of the work of the court, including the workload of judges;

prepares draft work plans and monitors the implementation of planned activities;

makes proposals on the preparation of a draft order (decree) of the chairman of the court;

prepares draft documents for the assignment of the next qualification classes to judges (if this authority is not vested in other employees of the court apparatus);

fulfills the instructions of the chairman of the court during the performance of official checks;

keeps minutes of official and operational meetings;

performs other activities of an organizational and legal nature on behalf of the chairman of the court.

prepares materials for reports and speeches;

assists the chairman of the court in preparing opinions on controversial issues of application of the law;

prepares an analysis of draft laws and other normative acts submitted to the court and preparation of draft comments and amendments to them;

informs the chairman of the court about the observance by the judges of the procedural deadlines for the consideration of cases (materials);

performs other activities for information and legal support of the activities of the chairman of the court.

4.4. In the field of ensuring the procedural activities of the chairman of the court, the assistant to the chairman of the court:

participates in the preparation of draft judicial acts on cases that are in the proceedings of the chairman of the court, including those issued as a result of the consideration by the chairman of the court of applications to expedite the consideration of civil and criminal cases;

carry out other instructions of the chairman of the court.

4.5. The assistant to the chairman of the court shall exercise the following powers for interaction with the media (in the absence of an authorized employee of the court apparatus responsible for interaction with the media (hereinafter referred to as the media):

organizes and conducts meetings for journalists and other representatives of the media with the participation of representatives of the court;

receives representatives of the media and the public, familiarizes them in the prescribed manner with documents and other materials on the activities of the court;

assists journalists and other representatives of the media in preparing materials on cases considered in courts that are of public importance, as well as those that have received resonance among the population;

prepares materials for informing the population through the mass media and in other forms about the results of the activities of federal courts of general jurisdiction in the relevant subject of the Russian Federation;

prepares and places in the media materials that objectively reflect the activities of federal courts of general jurisdiction in the relevant subject of the Russian Federation;

analyzes materials published in the media about the activities of courts, bodies of the judiciary, if necessary, prepares answers or refutation of false information;

performs other tasks related to this area of ​​activity.

4.6. Performs other assignments aimed at exercising by the chairman of the court both the powers of a judge and the procedural powers established for the chairman of the court by federal constitutional laws and federal laws.

Section 5 Powers of an Associate Judge in Criminal Proceedings

5.1. An assistant referee exercises his powers under the guidance, on behalf of the referee or in agreement with him.

5.2. When a judge considers criminal cases (materials) in the first instance, an assistant judge:

studies the criminal case (material) received for consideration at the first instance (the judge may draw up a list of questions to be clarified by the assistant judge when studying the criminal case (material);

reports to the judge, within the period set by him, an oral (written) opinion on the studied criminal case (material) with a proposal to adopt one of the decisions specified in Article 227 of the Code of Criminal Procedure of the Russian Federation;

performs the necessary organizational measures related to the appointment of a preliminary hearing or court session;

fulfills the instructions of the judge related to the consideration of the criminal case in the court session;

checks received cassation complaints (representations) for compliance with the requirements of Articles 354-356, 375 of the Code of Criminal Procedure of the Russian Federation, reports to the judge the conclusion on the verified complaint (representation);

carries out preparations for sending to the cassation instance the cases considered by the judge and materials with cassation complaints and presentations.

performs other instructions of the judge directly related to the consideration of the criminal case (material) in the first instance.

5.3. When a judge considers a criminal case (material) in the cassation instance, an assistant judge:

studies criminal cases (materials) being in the cassation proceedings of a judge, and checks:

the presence of circumstances excluding the participation of judges of the judicial composition in the proceedings on a criminal case (material);

the terms for filing cassation complaints (representations) and the proper notification of the persons participating in the consideration of the case of the cassation complaints (representations) brought and the date, time and place of the consideration of the case by the court of cassation. Compliance with the procedural notice period established by Article 376 of the Criminal Procedure Code of the Russian Federation (no later than 14 days before the day of the court session);

the presence of petitions of convicts in custody, about the desire to be present during the consideration of the complaint (representation) in the court session;

compliance of cassation complaints (representations) with the requirements set forth in Article 375 of the Code of Criminal Procedure of the Russian Federation;

compliance with the provisions of the Code of Criminal Procedure of the Russian Federation when initiating a criminal case (whether it was initiated against all convicts);

compliance with the requirements of the Code of Criminal Procedure of the Russian Federation on the procedural terms of the preliminary investigation and trial;

compliance with the provisions of the Criminal Procedure Code of the Russian Federation when choosing a preventive measure in the form of detention for the accused and extending the period of detention, whether the terms for keeping the defendant in custody were observed (including notification of relatives about the choice of a preventive measure in the form of detention for the accused defendant);

data on the clarification by the bodies of preliminary investigation and the court of the rights and obligations of participants in the criminal process and ensuring the possibility of their implementation by the latter in the process of preliminary investigation and court hearing (including the right of the accused to defense, the right of the victim to participate in criminal prosecution, etc.);

observance of the rights of participants in criminal proceedings, provided for by the Code of Criminal Procedure of the Russian Federation, who do not know or do not know enough the language in which the proceedings are conducted in a criminal case;

other circumstances that are important for the consideration of the criminal case (material) by the court of cassation.

based on the results of the study of criminal cases (materials), draws up an oral (written) conclusion and reports to the judge;

assists in the preparation of a draft cassation ruling;

reports to the presiding judge of the composition of the court on the timing of the production of cassation rulings by the judges of the judicial composition;

interacts with structural subdivisions of the court on the issues of the movement of criminal cases in the court of cassation, their timely delivery to the appropriate structural subdivision of the court and return to the court of first instance;

performs other assignments of the presiding judicial composition and judges of the composition, related to the preparation and consideration of criminal cases (materials) in the cassation instance.

5.4. When a judge considers a criminal case in a supervisory instance, an assistant judge:

checks received supervisory complaints (representations) for compliance with the requirements of Article 404 of the Code of Criminal Procedure of the Russian Federation;

prepares a cover letter on the return of the supervisory complaint (representation) in order to eliminate the reasons preventing their consideration, in the cases provided for by law;

examines supervisory appeals (representations) to resolve the issue of the need (absence of need) for the reclamation of a criminal case (material) from the court of first instance and reports to the judge the conclusion on this issue;

selects for the judge the necessary regulatory legal framework, judicial practice;

checks the validity of the arguments of the supervisory complaint (representation), including on the requested case (material), and reports to the judge the conclusion on the examined supervisory complaint (representation);

prepares a draft response to a supervisory complaint (representation) or a draft resolution;

transfers the supervisory proceedings with the decisions adopted by the judge based on the results of the study of the supervisory complaint (presentation) or the response of the chairman of the court for execution to the appropriate structural unit of the court;

transfers the decision of the presidium of the court together with the requested criminal case (material) to the appropriate structural unit of the court for enforcement;

performs other assignments of the judge related to the organization of the consideration of the criminal case in supervisory proceedings.

5.5. An assistant judge in organizing a trial with the participation of jurors shall exercise the following powers (unless these duties are assigned to another employee of the court apparatus):

verifies the presence of circumstances preventing the participation of a person as a juror;

prepares a draft resolution on ensuring attendance at the court session;

supervises the delivery of notices of arrival to the court to candidates for jurors at least 7 days before the start of the court session;

reports to the judge on the appearance of candidates for jurors;

performs other assignments of the judge presiding over the case, related to the organization of the trial with the participation of jurors.

Section 6. Powers of an assistant judge in civil proceedings

6.1. An assistant referee exercises his powers under the guidance, on behalf of, or in agreement with the referee.

6.2. When a judge of a civil case at first instance considers an assistant judge:

on behalf of the judge, examines the application received for consideration at first instance and the documents attached to it in order to verify the compliance of the submitted documents with the requirements of the law, their reliability and completeness (the judge may draw up a list of questions that the assistant judge should clarify when studying the materials received);

reports to the judge an oral (written) opinion on the studied case with a proposal to issue one of the rulings specified in Articles 133-136 of the Code of Civil Procedure of the Russian Federation;

prepares drafts of cover letters on sending the judicial acts adopted by the judge to the persons participating in the case;

exercises control over the timing of the elimination of circumstances that impede the initiation (consideration) of a civil case and served as the basis for leaving the application without movement, suspending the proceedings, promptly reporting this to the judge;

on behalf of the judge, performs all necessary actions to prepare the case for trial, including sending applications with a package of documents interested parties(defendants), as well as, on behalf of the judge, takes part in resolving issues related to the appointment of the case for consideration;

controls the receipt by recipients postal items with judicial acts (summons), reports to the judge on the return of the specified postal items without delivery to the addressee, on behalf of the judge prepares draft requests to the relevant authorities to establish the location of the person participating in the case;

checks received cassation (private) complaints (representations) for compliance with the requirements of Articles 336-340 of the Code of Civil Procedure of the Russian Federation, reports to the judge an oral (written) conclusion on a verified complaint (representation) with a proposal to issue, if necessary, one of the definitions specified in Articles 341, 342 Code of Civil Procedure of the Russian Federation;

carries out preparations for sending to the cassation instance the cases considered by the judge and materials with cassation (private) complaints and presentations;

checks received applications for awarding compensation for violation of the right to legal proceedings within a reasonable time or the right to enforce a court decision within a reasonable time, for compliance with their form and content with the requirements of Articles 244.1-244.3 of the Code of Civil Procedure of the Russian Federation, reports to the judge an oral (written) conclusion on a verified application with a proposal on issuing, if necessary, one of the rulings specified in Articles 244.5-244.6 of the Code of Civil Procedure of the Russian Federation;

performs other assignments of the judge related to the consideration of a civil case in the first instance.

6.3. When a judge considers a civil case in the cassation instance, the assistant judge performs the following functions:

checks the proper notification of the persons participating in the cassation hearing of the case, and reports to the judge about it;

examines the petitions and appeals of the persons participating in the case, addressed to the court of cassation, and makes proposals to the judge on possible way their permissions;

studies the arguments of the cassation complaint (presentation), prepares a normative justification (with the application of normative legal acts or extracts from them) and reports to the judge the conclusion on the case;

draws up a certificate on the results of the cassation hearing of the case (if necessary);

prepares a draft cassation ruling;

interacts with the structural divisions of the court regarding the passage of the case in the court of cassation and its timely delivery, return to the court of first instance;

performs other assignments of the presiding judges, the judges of the judges, related to the preparation and consideration of the case in the cassation instance.

6.4. When a judge considers a civil case in a supervisory instance, an assistant judge performs the following functions:

checks supervisory complaints (representations) for compliance with their requirements of Article 378 of the Code of Civil Procedure of the Russian Federation;

prepares a draft ruling on the return of a supervisory appeal (representation) without consideration on the merits in order to eliminate the reasons preventing their consideration;

examines supervisory complaints (representations) and reports to the judge on the need to recover the case to the court of the supervisory instance or on the refusal to claim the case and prepares a draft of the relevant document;

prepares the necessary cover letters;

controls the direction to the division of bailiffs of the decision to suspend the execution of the judicial act;

studies civil cases and arguments of supervisory complaints (representations), on which he draws up a conclusion and reports to the judge;

prepares a draft ruling in the event of a decision to refuse to transfer the case for consideration in the court of the supervisory instance;

provides technical assistance to the judge-rapporteur in the preparation of procedural documents for the presidium of the court;

organizes the submission of cases to the appropriate structural unit of the court after the consideration of the case by the presidium and the signing of judicial decisions of the presidium;

performs other assignments of the judge related to the consideration of the case in the court of the supervisory instance.

Section 7. Powers of an Assistant Judge in Considering Complaints (Protests) Against a Decision on a Case Concerning an Administrative Offense and (or) a Decision on a Complaint Against This Decision

7.1. An assistant referee exercises his powers under the guidance, on behalf of, or in agreement with the referee.

7.2. When a judge considers complaints (protests) against a decision in a case on an administrative offense and (or) a decision on a complaint against this decision, the assistant judge shall perform the following actions:

examines the petitions and appeals of the participants in the proceedings on cases of administrative offenses addressed to the relevant court, and makes proposals to the judge on a possible way to resolve them;

studies the arguments of the complaint (protest) against the decision on the case of an administrative offense and (or) the decision on the complaint against this decision and case materials, reports to the judge the conclusion on the case;

carries out other instructions of the judge related to the consideration of complaints (protests) against a decision in a case on an administrative offense and (or) a decision on a complaint against this decision.

7.3. When a judge considers complaints (protests) against decisions on cases of administrative offenses, decisions based on the results of consideration of complaints, protests, an assistant judge performs the following functions:

checks complaints (protests) for compliance with the requirements of articles 30.12-30.14 of the Code of Administrative Offenses of the Russian Federation;

is preparing a draft cover letter on the return of a complaint (protest) in the cases provided for by law;

prepares a draft ruling on accepting a complaint (protest) for consideration by way of supervision and draft letters notifying participants in proceedings on cases of administrative offenses about filing a complaint, bringing a protest;

checks the validity of the arguments of the complaint (protest) that meet the requirements of Articles 30.12-30.14 of the Code of Administrative Offenses of the Russian Federation, studies the materials of the case on an administrative offense and reports to the judge the conclusion on the complaint (protest) studied;

prepares a draft resolution on the studied complaint (protest);

performs other assignments of the judge aimed at ensuring consideration of complaints (protests) against decisions on cases of administrative offenses, decisions based on the results of consideration of complaints, protests in the order of supervision.

Section 8. Other Powers of an Assistant Referee

8.1. An assistant referee exercises his powers under the guidance, on behalf of, or in agreement with the referee.

8.2. The assistant judge carries out other assignments related to assisting the judge in exercising his powers, including:

enters information into the relevant subsystems of the State automated system Russian Federation "Justice" on court cases(materials), appeals of citizens of the Russian Federation, which are in the proceedings of the judge;

8.3. An assistant to a judge of a district (naval) military court shall exercise the powers listed in this Model Job Regulations, as well as when considering complaints (representations) against a decision of a judge of a garrison military court by a judge:

studies the complaints (representations) received and checks the deadlines for filing complaints (representations), compliance of complaints (representations) with the requirements of Article 23 of the Federal Law of December 1, 2006 No. 199-FZ “On legal proceedings based on materials on gross disciplinary offenses when applying disciplinary arrest to military personnel and on the execution of disciplinary arrest”, other circumstances relevant to the consideration of complaints (representations);

based on the results of the study, draws up an oral (written) conclusion and reports to the judge;

prepares a draft decision of a judge of a district (naval) military court based on the results of consideration of a complaint (representation) against a decision of a judge of a garrison military court;

performs other assignments of the district (naval) judge related to the revision of the decision of the judge of the garrison military court.

8.4. Performs other assignments aimed at the exercise by a judge of both professional and procedural powers established for a judge by federal constitutional laws and federal laws.

Section 9. Rights

participate in the preparation of draft procedural documents within the powers granted;

submit proposals for the consideration of the chairman of the court on improving the work related to the duties provided for by this Model Job Regulations.

Section 10 Liability

failure to perform or improper performance of their official duties, actions or inaction leading to violation of the rights and legitimate interests of citizens;

untimely fulfillment of tasks, orders, instructions and instructions of the chairman of the court;

Section 11. Procedure for official interaction

11.1. The assistant to the chairman of the court (judge) builds official interaction in connection with the performance of his official duties with judges and employees of the court apparatus, officials other government agencies, citizens, in accordance with federal laws and other regulatory legal acts that regulate both the conditions and procedure for performing public service, the service contract and the Job Regulations.

11.2. The assistant to the chairman of the court (judge) interacts:

with the administrator of the court, chiefs structural divisions court, as well as with civil servants and employees of the court apparatus on issues within its competence;

with the media on issues of coverage of the activities of the court, organization of video, photo, filming of court sessions, propaganda of the ideas of justice;

with employees of the prosecutor's office, police, bodies, institutions of the Federal Penitentiary Service of Russia, divisions of bailiffs, advocacy, other institutions, organizations and citizens on issues within its competence.

Section 12

preparation of documents in accordance with established requirements;

4. Professionalism:

Familiar with the regulations

_________________/________________/

signature initials, surname

"______" ________ _______G.

Model job regulations
assistant to the chairman of the court (judge) of the district court and the garrison military court
(approved by the Judicial Department at the Supreme Court of the Russian Federation of December 6, 2010 No. 272)

Section 1. General Provisions

1.1. The model job regulations for an assistant to the chairman of a court (judge) of a district court and a garrison military court (hereinafter referred to as the Model Job Regulations) were developed in accordance with Federal Laws of May 27, 2003 No. 58-FZ “On the Public Service System of the Russian Federation”, dated July 27 2004 No. 79-FZ “On the State Civil Service of the Russian Federation” (hereinafter referred to as the Federal Law on the State Civil Service), dated January 8, 1998 No. 7-FZ “On the Judicial Department under the Supreme Court of the Russian Federation”, Decree of the President of the Russian Federation dated December 31, 2005 No. 1574 “On the Register of positions of the federal state civil service”, Decree of the President of the Russian Federation dated September 27, 2005 No. 1131 “On qualification requirements for the length of service in the state civil service (public service of other types) or work experience for specialties for federal state civil servants”; Decree of the President of the Russian Federation of November 19, 2007 No. 1554 “On the procedure for assigning and maintaining class ranks of justice to persons holding public positions in the Russian Federation and positions of the federal state civil service, and establishing monthly salaries for federal state civil servants for a class rank in accordance with the assigned them with class officials of justice.

1.2. The position of assistant to the chairman of the court (judge) in the apparatus of the district court and the garrison military court belongs to the leading group of positions of the federal state civil service of the Russian Federation in the category of "assistant (advisers)".

1.3. According to clause 2 of part 2 of Article 9 of the Federal Law on the State Civil Service, the positions of the federal state civil service "assistant to the chairman of the court" and "assistant to the judge" are established to ensure the execution of the powers of persons replacing the federal public positions "chairman of the federal court" and "judge of the federal court" .

1.4. The positions of "assistant to the chairman of the court (judge)" of the district court and the garrison military court correspond to the class ranks of justice "counselor of justice of the 2nd class" ("counselor of justice of the 3rd class").

1.5. The appointment of a person to the position of "assistant to the chairman of the court (judge)" of the district court and the garrison military court, as well as dismissal from office, is carried out by order of the chairman of the federal court of general jurisdiction.

1.6. The assistant to the chairman of the court reports to the chairman of the court.

1.7. The assistant judge reports directly to the judge, whose assistant he is, as well as to the chairman of the court, the deputy chairman of the court.

1.8. The assistant to the chairman of the court (judge) of the district court and the garrison military court (hereinafter referred to as the assistant to the chairman of the court (judge) is guided in his activities by the Constitution of the Russian Federation, international legal acts, federal constitutional laws and federal laws, other regulatory legal acts of the Russian Federation, resolutions Council of Judges of the Russian Federation, orders and orders of the Chairman of the Supreme Court of the Russian Federation, the Chairman of the Supreme Court of the Republic, the regional and equal court, the Chairman of the district court, the garrison military court, regulatory legal acts and guidelines of the Judicial Department at the Supreme Court of the Russian Federation, these Model Job Regulations .

1.9. The professional service activity of an assistant to the chairman of the court (judge) is carried out in accordance with the official regulations approved by the chairman of the court.

1.10. Questions of interchangeability of assistants to the chairman of the court (judge) are regulated by orders of the chairman of the respective court. For the period of temporary absence of an assistant to the chairman of the court, he is replaced by an assistant judge, for the period of absence of an assistant judge, his duties are assigned to another assistant judge of this court.

1.11. In accordance with the requirements of paragraph 4 of Article 25 of the Federal Law on the State Civil Service, a fixed-term service contract is concluded with an assistant to the chairman of the court (judge).

Section 2 Qualifications

2.1. Persons applying for the positions of the federal state civil service "assistant to the chairman of the court" and "assistant to the judge" must have a higher legal education and meet the qualification requirements established by federal laws and regulations on the federal state civil service of the Russian Federation.

2.2. An assistant to the chairman of the court (judge) must have at least two years of civil service experience or at least four years of work experience in the legal specialty.

2.3. The assistant to the chairman of the court (judge) must know:

the Constitution of the Russian Federation;

Federal constitutional laws (including the Federal Constitutional Law of December 31, 1996 No. 1-FKZ "On the Judicial System of the Russian Federation", federal laws (including the Law of the Russian Federation of June 26, 1992 No. 3132-I "On the Status of Judges in of the Russian Federation”, Federal Law No. 7-FZ of January 8, 1998 “On the Judicial Department under the Supreme Court of the Russian Federation”), Code of Civil Procedure of the Russian Federation, Code of Criminal Procedure of the Russian Federation, Code of Administrative Offenses of the Russian Federation and other laws decisions (determinations) of the Constitutional Court of the Russian Federation, decrees of the President of the Russian Federation, resolutions of the Government of the Russian Federation, resolutions of the Supreme Court of the Russian Federation, resolutions of the Council of Judges of the Russian Federation, acts of the Judicial Department under the Supreme Court of the Russian Federation and other regulatory legal acts , adjusting covering the activities of federal courts of general jurisdiction and the features of the passage of the state civil service;

the procedure for working with official information;

basics of conducting judicial office work and judicial statistics;

general principles of official behavior of federal state civil servants;

norms and rules of labor protection, safety and fire safety;

rules of conduct for employees of the court apparatus,

internal labor regulations;

the procedure for posting information about the activities of the court and the texts of judicial acts on the website of the court;

local acts of the court;

this Job Regulations;

other regulatory legal documents regulating the activities of the court.

2.4. The assistant to the chairman of the court (judge) must be able to:

effectively and consistently organize work in the areas of its activities;

generalize and analyze incoming information;

work with legislative and regulatory legal acts, apply them in practice;

develop a concrete action plan;

promptly make and implement the decisions made;

adapt to the new situation and apply new approaches to solving emerging problems;

interact with employees of the structural divisions of the court to resolve issues within its competence;

properly distribute working time;

master the techniques of interpersonal relationships;

have the skills to work with the subsystems of the State Automated System of the Russian Federation "Justice" in the areas of activity;

use computer and other office equipment, necessary software.

Section 3 Job Responsibilities

3.1. The priority areas of activity of the assistant to the chairman of the court (judge) are organizational, legal, informational, documentation and other support for the activities of the chairman of the court (judge), as well as ensuring his procedural activities.

3.2. The assistant to the chairman of the court (judge) must perform the duties provided for in Articles 15 and 18 of the Federal Law on the State Civil Service, as well as:

assist the chairman of the court (judge) in the preparation and organization of the trial without the right to perform the function of administering justice;

assist the chairman of the court (judge) in preparing responses to appeals and inquiries received by the chairman of the court (judge), including in connection with the cases being handled by him;

prepare information on issues within its official duties;

carry out information-legal and codification support for the activities of the chairman of the court (judge);

prepare materials for generalizations, reports, speeches of the chairman of the court (judge);

comply with the uniform requirements for working with documents, including the use of technical means;

carry out other instructions of the chairman of the court (judge) related to professional activities.

Section 4. Powers of the Assistant to the President of the Court

4.1. The assistant to the chairman of the court exercises his powers under the guidance, on behalf of the chairman of the court or in agreement with him.

4.2. In the field of organizational and legal support of the activity of the chairman of the court, the assistant to the chairman of the court:

assists the chairman of the court in preparing opinions on controversial issues of application of the current legislation;

submits for consideration by the chairman of the court proposals for improving the organization of the work of the court, including the workload of judges;

prepares draft documents for the assignment of the next qualification class to judges (if this authority is not vested in other employees of the court apparatus);

fulfills the instructions of the chairman of the court in organizing internal audits;

assists the chairman of the court in preparing responses to appeals and requests addressed to the chairman of the court, including on issues of providing information about the activities of the court;

participates in the preparation of draft work plans of the court and in monitoring the implementation of planned activities;

coordinates the work of assistant judges in fulfilling the instructions of the chairman of the court;

prepares materials for generalizations, reports, speeches of the chairman of the court.

4.3. In the field of information support for the activities of the chairman of the court, the assistant to the chairman of the court:

monitors the current legislation;

carries out codification support for the activities of the chairman of the court;

prepares information on cases pending before the court, including cases involving minors;

prepares information on the results of the work of the court following the results of the reporting period;

prepares other information on issues within the official duties of the assistant to the chairman of the court;

informs the chairman of the court about the control documents being executed by the employees of the court apparatus;

analyzes the reasons for the violation of the procedural deadlines for the consideration of cases in court;

participates in the study and analysis of judicial acts canceled (modified) by a higher court;

informs the chairman of the court about the observance by the judges of this court of the procedural deadlines for the consideration of cases.

4.4. In the field of documentary support of the activity of the chairman of the court, the assistant to the chairman of the court:

keeps minutes of official and operational meetings when they are held by the chairman of the court (if this function is not assigned to another employee of the court apparatus);

makes proposals for the preparation of draft orders (instructions) of the chairman of the court;

participates in the drafting of generalizations and analytical reports on the areas of activity of the court.

4.5. In the field of ensuring the procedural activities of the chairman of the court, the assistant to the chairman of the court:

assists the chairman of the court in the preparation and organization of the trial without the right to perform the function of administering justice;

selects normative legal acts necessary for the consideration of cases;

participates in the preparation of draft judicial acts on cases that are in the proceedings of the chairman of the court, including those issued as a result of the consideration by the chairman of the court of applications to expedite the consideration of civil and criminal cases;

performs other functions that facilitate the exercise by the chairman of the court of his procedural powers.

4.6. The assistant to the chairman of the court shall exercise the following powers to interact with the media and (in the absence of an authorized employee of the court apparatus responsible for interaction with the media (hereinafter referred to as the media):

participates, on behalf of the chairman of the court, in organizing meetings for journalists and other media representatives with the heads of the court;

participates in the preparation of materials on the results of the activities of the court to inform the public through the media;

analyzes the materials published in the media about the activities of the courts, if necessary, prepares answers or refutation of false information;

participates in the preparation for placement in the media of materials that objectively reflect the activities of the court.

4.7. Performs other assignments aimed at exercising by the chairman of the court both the powers of a judge and the procedural powers established for the chairman of the court by federal constitutional laws and federal laws.

Section 5. Powers of an Assistant Judge of a District and Garrison Military Court

5.1. An assistant judge of a district and garrison military court (hereinafter referred to as an assistant judge) performs the powers assigned to him under the guidance, on behalf of, or in agreement with the judge.

5.2. In the field of organizational and legal support for the activities of a judge, an assistant judge:

assists in the preparation of opinions on controversial issues of application of the current legislation;

participates in the consideration of appeals from citizens of the Russian Federation that have been submitted to the judge and reports to the judge orally (in writing) on ​​the merits of the appeal with a draft response;

participates in conducting inspections at the request of citizens and employees of the court apparatus;

assists in monitoring the activities of the secretary of the court session, including the timeliness of preparing the minutes of the court session, the deadlines for submitting completed cases, the deadlines for applying for execution of judicial acts subject to immediate execution, the execution of private rulings (decisions);

performs other instructions of the judge related to the consideration of the case (material).

5.3. In the field of information support for the activities of a judge, an assistant judge:

carries out codification support for the activities of a judge;

monitors the current legislation;

searches for information necessary for the judge to exercise his powers;

prepares information about the cases being handled by the judge;

prepares other information on issues within the official duties of an assistant referee;

analyzes the reasons for the violation of the procedural deadlines for the consideration of cases by the judge;

performs other assignments of the judge related to information support his activities.

5.4. In the field of documentary support for the activities of a judge, an assistant judge:

draws up draft generalizations, analytical reports on the areas of activity of the court, reviews;

prepares drafts of procedural and other documents related to the professional activities of a judge.

5.5. In the field of ensuring the procedural activities of a judge, an assistant judge performs:

assists the judge in the preparation and organization of the trial without the right to perform the function of administering justice;

assists the judge in the preparation of draft procedural documents and draft judicial acts on cases pending before the judge;

participates in the study of applications (statements of claim) received for consideration by the judge in the framework of civil proceedings, cases (materials), complaints in criminal proceedings, cases of administrative offenses and complaints thereon;

makes proposals to the judge on the performance of actions provided for by the procedural legislation and instructions for judicial office work at the stage of preparing the case (material) for trial;

prepares in oral (written) form a preliminary opinion on an application (statement of claim) in civil proceedings, but on a case (material), a complaint in criminal proceedings, a case of administrative offenses, a complaint on it, which are in the proceedings of a judge;

enters, on behalf of the judge, information into the relevant subsystems of the State Automated System of the Russian Federation "Pravosudie" on court cases (materials), appeals of citizens that are in the proceedings of the judge;

selects federal laws, other normative legal acts, materials of judicial practice necessary for the consideration of cases;

drafts procedural documents;

performs other functions related to ensuring the procedural activities of a judge.

5.6. The assistant judge carries out other assignments related to assisting the judge in exercising his powers, including:

assists responsible employees court apparatus in the selection of texts of judicial acts to be published, as well as texts of other judicial acts to be posted on the Internet;

depersonalizes judicial acts, if such duty is not assigned to another employee of the court apparatus;

participates in checking the accuracy of the texts of judicial acts on the website with subsequent informing the judge;

participates in the processing of applicants to the court electronic documents in the manner and terms established by regulatory legal acts and guidance documents;

performs other assignments of the judge aimed at providing citizens with access to information about the activities of the court.

5.7. Performs other assignments aimed at the exercise by a judge of both professional and procedural powers established for a judge by federal constitutional laws and federal laws.

5.8. An assistant to a judge of a garrison military court shall exercise the powers listed in this Model Job Regulations, as well as when the judge considers materials on the commission of gross disciplinary offenses by military personnel, citizens undergoing military training:

studies the materials received by the judge and checks the circumstances specified in Article 12 of the Federal Law of December 1, 2006 No. 199-FZ “On legal proceedings based on materials on gross disciplinary offenses when applying disciplinary arrest to military personnel and on the execution of disciplinary arrest”;

based on the results of studying the material, prepares a conclusion in oral (written) form and reports to the judge;

assists in the preparation of decisions based on the results judicial review materials about a gross disciplinary offense;

carries out preparations for sending complaints (representations) to the district (naval) military court with all materials on gross disciplinary misconduct;

performs other assignments of the judge of the garrison military court related to the preparation and consideration of materials on gross disciplinary misconduct.

Section 6. Rights

The assistant to the chairman of the court (judge) has the rights provided for in Article 14 of the Federal Law on the State Civil Service, as well as the following rights:

get acquainted with the documents defining his job duties, rights and responsibilities, criteria for assessing the quality of work and conditions for promotion;

get acquainted with the decisions of the chairman of the court (judge) related to the performance of official duties by an assistant;

to correspond with institutions and organizations on issues included in his official duties (on behalf of the chairman of the court (judge);

receive, in accordance with the established procedure, information and materials necessary for the performance of official duties, as well as make proposals for improving activities within their competence;

participate in the preparation of draft judicial acts within the powers granted;

to receive access in accordance with the established procedure to information constituting a state secret, if the performance of official duties is connected with the use of such information;

submit proposals for the consideration of the chairman of the court on improving the work related to the duties provided for by these Job Regulations.

Section 7 Liability

The assistant to the chairman of the court (judge) bears personal responsibility, established by the legislation of the Russian Federation, for:

failure to perform or improper performance of their official duties, actions or inactions leading to violation of the rights and legitimate interests of citizens;

disclosure of information that became known to him in connection with the performance of official duties;

non-compliance with restrictions, prohibitions associated with the passage of the state civil service;

non-compliance with the established procedure for working with confidential information;

untimely fulfillment of tasks, orders, orders and instructions of the chairman of the court (judge);

providing the chairman of the court (judge) with unreliable, inaccurate, insufficient or biased information;

In accordance with Article 15 of the Federal Law on the State Civil Service, the assistant to the chairman of the court (judge) bears disciplinary, administrative, civil or criminal liability in the event of the execution of an illegal order by him.

Section 8. Procedure for official interaction

8.1. The assistant to the chairman of the court (judge) builds official interaction in connection with the performance of his official duties with judges and employees of the court apparatus, officials of other state bodies, citizens in accordance with federal laws and other regulatory legal acts regulating the conditions and procedure for passing the federal state civil service , service contract and job regulations.

8.2. The assistant to the chairman of the court (judge) interacts:

with chairmen of other courts (judges) within their competence;

with the court administrator, heads of structural subdivisions of the court, as well as with employees of the court apparatus on issues within its competence;

with employees of the prosecutor's office, police, bodies and institutions of the Federal Penitentiary Service of Russia, divisions of bailiffs, other institutions, organizations, the bar and citizens on issues within its competence.

Section 9

The results of the professional performance of an assistant to the chairman of the court (judge) can be assessed according to the following criteria.

1. Organization of own work:

productivity (the volume of executed documents (orders); effectiveness (measure of achieving the set goals); observance of labor discipline.

2. Compliance with the deadlines for the execution of documents (orders).

3. Quality of execution of documents (orders):

preparation of documents in accordance with the established requirements;

complete and logical presentation of the material; legally competent drafting of the document; lack of stylistic and grammatical errors.

4. Professionalism:

professional competence (knowledge of the current legislation, breadth of outlook, ability to work with documents);

ability to perform official functions on one's own;

the ability to clearly organize and plan the execution of assigned tasks, the ability to rationally use working time, set priorities;

awareness of responsibility for the consequences of their actions and decisions;

the ability to maintain high performance in extreme conditions.

Familiar with the official regulations (a)

__________________/____________/

signature initials, surname

"______" _______ _____G.

Order of the Judicial Department at the Supreme Court of the Russian Federation of December 6, 2010 N 272 "On the approval of model job regulations for the assistant to the chairman of the court (judge) of the supreme court of the republic, regional and regional courts, the court of a federal city, the courts of an autonomous region and an autonomous district, a district ( naval) military court, district court and garrison military court"

Document overview

New standard job regulations for an assistant to the chairman of a court (judge) of a federal court of general jurisdiction have been approved. They are developed in accordance with the Law on the State Civil Service.

The regulation defines the qualification requirements for assistants, their duties and powers. The criteria for evaluating the professional performance of an assistant are given.

This position belongs to the leading group of the category "assistants (advisers)". In the court of the subject of the Federation and the district (naval) military court, it corresponds to the class ranks of "Counselor of Justice 1st Class" ("Counselor of Justice 2nd Class"), in the district and garrison military courts - "Counselor of Justice 2nd Class" ("Counselor of Justice 3rd Class" ).

An applicant for this position must have a higher legal education, at least 2 years of civil service experience, or at least 4 years of experience in the legal specialty.

The duties of an assistant include organizational, legal, informational, documentation and other support for the activities of the chairman of the court (judge).

Based on the new standard regulations, specific job regulations are being developed for an assistant to the chairman of the court (judge) of the corresponding federal court of general jurisdiction.

Such a position as an assistant judge has become in demand in Russia relatively recently. The emergence of this profession is due to a number of changes in the legislation of the Russian Federation.

The assistant is a senior civil servant, but reports directly to the judge. His main task is to conduct business and work with legal papers.

You can become an assistant referee after passing a rigorous selection process. One of the main requirements for candidates is the presence of higher legal education. What other skills do you need to have to get a job as an assistant referee? How is the interview going? How much pay? Let's try to find answers to these questions.

What skills and qualities should an assistant referee have?

The requirements for a candidate for the position of an assistant judge are high. This is due to the fact that a person must not only work with legal papers, but also indirectly participate in the issuance of a verdict in civil and criminal cases.

A citizen who wants to try to interview for the role of an assistant judge must meet the following requirements:

• Have a higher legal education obtained in any form.
• Work at least four years in the specialty. If the candidate was in the civil service, the term is reduced to two years.
• Have negotiation skills.
• Know the basics of business.

The assistant referee must be able to systematize and analyze the information received. Work with regulations. He must keep abreast of changes in legislation and trends in foreign legal proceedings.

The assistant referee must be able to plan his working day. Be contact, responsible, hardworking. It will not be superfluous to be able to remain calm during the work process.

What are the duties of an assistant referee?

Before you try to pass an interview, you need to find out what you have to do at work. The Assistant Referee will have the following responsibilities:

• Study the claims and applications that are received. Prepare draft court cases on them. Suggest ways to solve them.
• Assist with the organization of hearings and preliminary meetings.
• Prepare things for judicial process.
• Monitor the status of proceedings that have been suspended.
• Study similar court cases to understand how they can be resolved within the law.
• Prepare legal documents and reports related to ongoing proceedings.
• Form responses to questions and suggestions received by the judge.
• Engage in the preparation of reports for public reports on the work done.

If the organization lacks workers, the assistant can handle the cases of several judges. Or act as a secretary. For example, answer calls or send documents.

Court apparatus: regulations

In accordance with the rules of judicial proceedings, an assistant judge must:

• observe the Constitution of the Russian Federation;
• maintain their qualifications at the proper level;
• perform the duties stipulated by the employment contract in a quality manner;
• adhere to the official schedule;
• when performing work, take into account the rights and interests of clients;
• not to make public information relating to court cases;
• protect state property provided for the duration of work;
• provide information on the change of citizenship of the Russian Federation on the day of receipt of documentary confirmation.

What powers does an assistant referee have?

The list of duties of an assistant referee is wide. In order to perform his work as efficiently as possible, he has the right to:

• Level up your professional qualifications in state educational institutions. The court staff provides retraining courses for employees.
• Study materials on office work stored in state archives.
• Obtain information necessary for the conduct of a court case from law enforcement or any other services.
• Contribute ideas that will help improve the work of the assistant referee.

Features of work in the world and arbitration court

The Assistant Justice of the Peace deals with the following cases:

• payment of alimony;
• distribution of inheritance;
• divorce;
• termination of contracts;
• criminal cases of a mild severity, for example, causing slight harm to health or a threat.

Associate Arbitrator works on processes related to disputes between legal organizations and faces. He also deals with cases relating to commercial matters.

What are the benefits of an assistant referee?

Like other civil servants, a court employee with more than ten years of work experience is entitled to 42 days of leave. He is also entitled to free medical care. And a discount on a medical ticket to a sanatorium.

Pros and cons of the profession

Assistant referee is not an easy job. The advantages of the profession include:

• official registration under an employment contract;
• stable salary;
• long vacation;
• opportunity to become a judge over time.

The service as an assistant referee also has enough disadvantages. One of the main ones is an unstable working day. Despite the fact that in employment contract a standard five-day schedule is negotiated, sometimes there are so many cases that you have to deal with them on weekends or overtime. Additional time spent at work is not paid.

The leave has to be divided into several parts. Rest 42 days in a row will not work. Also, leave can be taken only at the same time as the judge, so as not to violate the schedule of his work.

The assistant may be treated disrespectfully by clients. Often you have to deal with rudeness or insults. You will have to communicate with a conflicting person calmly and politely.

What salary?

The salary of an assistant referee depends on the region in which he works. Average earnings- 15-20 thousand per month.

Four times a year, this amount is supplemented by a quarterly bonus, which is equal to the salary. Provided that the salary of an assistant referee is 16 thousand rubles, he will receive a bonus of 4-5 thousand. Salary increases with experience.

Vacation and sick leave are paid in accordance with the provisions Labor Code RF.

How to get the position of an assistant judge?

It is best to start working in litigation as a secretary in the place where you are going to get a job in the future. After working for two years, you can apply for the position of assistant. By this time, you will already understand the intricacies of office work, get acquainted with the peculiarities of working in the judicial apparatus.

You can get a job as a secretary in the last years of study, then by the time you receive your diploma, you will already have the necessary experience.

They are hired based on the results of an interview, during which the level of knowledge of the Constitution of the Russian Federation, various legal acts, and the latest presidential decrees is checked. They also find out whether the candidate is familiar with the peculiarities of conducting civil and legal cases. Look at his experience and personal qualities.

The job of an assistant referee is a stressful and responsible job. We have to constantly prepare documentation for reporting on ongoing processes. Look for materials that will help the judge successfully resolve the case. Organize negotiations, hearings and preliminary meetings. Sometimes you have to do duties of a secretary or collaborating with multiple judges, which confuses the workflow.

Assistant salary is low. The work schedule depends on the workload and the judge's preferences. But you can gain experience in office work and, in a good scenario, get a promotion. Before taking on such a job, weigh all the pros and cons and decide whether you want to regularly spend personal time preparing documentation.

We learned about the profession of an assistant judge, career opportunities and much more from, working as an assistant judge in the Moscow City Court.

ConsultantPlus: Tell us about the beginning of your professional path. Where did you study? Why did you choose to study law?

Krylova Anastasia: As a child, I wanted to become a lawyer and already in the 6th grade I decided on the profession of a judge. After graduating from school, she entered the Moscow State College of Informatics and Law, and received a higher legal education at the Russian Academy of Justice.

Consultant Plus: Why did you become an assistant referee and how long have you been in this position?

Krylova Anastasia: In 2009, in my last year of college, I did an internship at the Izmailovsky District Court of Moscow, where I remained to work as a secretary of the court session. About six months later, I started drafting court decisions, and in June 2012, I was actually transferred to the position of an assistant judge.

ConsultantPlus: How to become an assistant referee? What are the requirements for applying for this position? Do you need any special skills or personal qualities to work in this position?

Krylova Anastasia: Qualifications to the applicant for the position of an assistant judge are specified in the Federal Law "On the State Civil Service of the Russian Federation" and in the Model Job Regulations for an Assistant to the Chairman of the Court (Judge) of the Supreme Court of the Republic, the Territorial and Regional Courts, the Court of the Federal City, the Courts of the Autonomous Region and the Autonomous District, district (naval) military court, district court and garrison military court, approved by order of the Judicial Department at the Supreme Court of the Russian Federation of December 06, 2010 No. 272.

Thus, citizens of the Russian Federation who have reached the age of 18, who speak Russian, and who apply for the position of an assistant judge, must have a higher legal education, at least two years of civil service experience or at least four years of work experience in a legal specialty, know the legislation of the Russian Federation and the subject in which they plan to work.

At the same time, an assistant referee must be able to analyze and summarize various kinds of information, work with regulatory legal acts, make decisions quickly, adapt to a new situation, and master the techniques of effective interpersonal communication. In addition, in conditions of high workload, it is important for an assistant referee to be able to properly distribute working time. And one cannot but mention the skills of working with electronic databases of courts, which are obligatory in our time, with computer technology and the necessary software.

The personal qualities that an assistant referee should possess include honesty, conscientiousness, organization, efficiency, stress resistance and courtesy.

Consultant Plus: Did you take the qualifying exam to become an assistant referee? Is this procedure mandatory and what is it?

Krylova Anastasia: No, I did not pass the qualifying exam, because this procedure is not provided for by the current legislation.

According to the provisions of the Law on the State Civil Service, certain categories of civil servants pass the qualification examination for the purpose of conferring a class rank, and not employment. Thus, to become an assistant referee, you do not need to take an exam.

A competition is not required to fill this vacancy. The fact is that the assistant is appointed for a certain period, and a fixed-term service contract is concluded with him. The validity of the contract is limited by the term of office of the person (for example, the head of a government agency) for whom the assistant was hired. And when concluding a fixed-term service contract, the competition is not held.

Consultant Plus: What length of service is required to qualify as a judge's assistant? Would you like to work as a judge in the future? What cases would you like to consider? Why?

Krylova Anastasia: In accordance with the provisions of the Law of the Russian Federation of June 26, 1992 No. 3132-1 "On the Status of Judges in the Russian Federation", a judge may be a citizen who has reached the age of 25 and has at least 5 years of work experience in the field of jurisprudence, calculated from the moment of obtaining a higher legal education.

Answering the first question, I announced my intention to work as a judge. During the internship and while working in the Izmailovsky District Court of Moscow and in the Moscow City Court, I only confirmed my desire.

When exercising the powers of a judge, I would prefer to consider civil cases, since I worked as a secretary of the court session and an assistant judge, mainly in civil cases. Despite the general similarity, each case is individual and interesting in its own way, from almost every situation you can learn a lesson for yourself.

Consultant Plus: What are the duties of an assistant referee? How can you develop within this position? What are career prospects the assistant referee?

Krylova Anastasia: The duties of an assistant referee are extensive, the main ones are indicated in Art. 15 and 18 of the Federal Law "On the State Civil Service of the Russian Federation", as well as in the Model Job Regulations approved by the order of the Judicial Department at the Supreme Court of the Russian Federation, which I mentioned earlier.

Essentially, the assistant assists the judge in preparing and organizing the trial. Prepares draft court decisions, draft responses to appeals and requests received by the judge, materials for generalizations of judicial practice, performs other assignments of the judge related to professional activities. Of course, the assistant referee carries out his work under the direction of the referee or in agreement with him.

The direct participation of an assistant judge in the consideration of cases obliges the assistant to improve knowledge and follow the changes made to the legislation.

Touching upon the issue career development assistant judges, it should be noted that assistant judges are the basis for competitive selection for judge positions. If an assistant judge conscientiously exercises his powers, and at the same time possesses the necessary legal knowledge and moral values, then he is the most prepared candidate for a judge, who is aware of the amount of work he has to perform.

However, the opportunity to become a judge is not the only career option. Having experience in a court of general jurisdiction, the former assistant judge will successfully cope with the work of a representative of a party in need of protection of rights and legitimate interests, a lawyer legal entity can become a lawyer or a mediator.

Consultant Plus: Tell us how your working day is built: what time does it start and what time does it end? Do you have a normalized schedule, what days are the days off, how long is the vacation? Are there any benefits?

Krylova Anastasia: For court employees, a 40-hour five-day work week with two days off - Saturday and Sunday. The working day is from Monday to Thursday from 9:00 to 18:00; on Friday, the working day is reduced to 16:45. However, the working day of civil servants of the courts, unfortunately, is irregular. Due to the ever-increasing workload, court staff are forced to arrive at work earlier than 9 a.m. in order to have time to prepare for court hearings, and are forced to stay late in order to fulfill their duties within the time limits established by the procedural law.

In accordance with the Law on the State Civil Service, employees are granted an annual basic paid leave of 30 calendar days. But Art. 119 of the Labor Code of the Russian Federation establishes that employees with irregular working hours are also granted annual additional paid leave, which cannot be less than three calendar days. Thus, the minimum leave of a court employee is 33 calendar days.

Consultant Plus: Can you describe your approximate to-do list for one day?

Krylova Anastasia: The Associate Justice's case list varies by level of court. When I worked as an assistant judge for civil cases of the Izmailovsky District Court of Moscow, my working day began with checking the receipt of new cases and materials. As a rule, in the morning, the head of the civil affairs department passes the received mail to the assistant judge, which must be quickly examined, since it may contain motions to postpone court hearings or to consider cases in the absence of any of the parties.

When studying the received correspondence, it is advisable to immediately check the execution of new statements of claim for compliance with the requirements of civil procedural legislation, having previously determined whether they should be accepted for production, left without movement, or returned to the applicant. It is necessary to report the received applications to the judge, to coordinate with him the actions for the further movement of applications.

Also, the assistant judge, upon receipt of applications for the issuance of writ of execution, must raise the case from the archive of the court or the department for ensuring legal proceedings in civil cases, prepare performance list, hand it over to the judge for signing and affixing the official seal, and then issue it to the claimant.

Considering the large amount of work, it is important for the assistant referee to correctly allocate working time, first of all, to perform urgent matters.

In addition to the above, throughout the working day, the assistant judge must answer phone calls from citizens.

In June 2013, I was appointed to the position of an assistant judge of the Moscow City Court in an instance for reviewing decisions that have entered into force in cases of administrative offenses. In this instance, the load on the assistant referee is less, but the work is more responsible.

The assistant judge must receive received complaints and non-procedural appeals from citizens in the department for ensuring proceedings in cases of administrative offenses. When studying complaints, the assistant must determine the procedural fate of complaints, prepare draft rulings on the acceptance, return or direction of complaints according to the jurisdiction. When accepting complaints for consideration, agree with the judge on the need to demand a case on administrative offenses from the court of first instance, and subsequently prepare a draft resolution.

Also, the assistant judge draws up orders for complaints and transfers them to the department for ensuring proceedings in cases of administrative offenses. In addition, an assistant judge of this instance, at the request of the Supreme Court of the Russian Federation, prepares generalizations of judicial practice in certain categories of cases of administrative offenses.

Consultant Plus: Do you remember your first case as an assistant referee? What do you remember about it?

Krylova Anastasia: Unfortunately, I cannot remember exactly the first case as an assistant judge. However, in my practice there was a civil case on establishing the fact of accepting an inheritance and recognizing the ownership of real estate in the form of an apartment, which I will talk about. There are a lot of such cases, but this situation is remembered for its tragic development. A young girl, who was brought up by her grandparents, applied to the court to establish the legal fact of accepting the inheritance and recognizing the ownership of the apartment after their death. Since the plaintiff did not have sufficient legal knowledge, she sought legal assistance from two representatives who, together with the plaintiff, took part in the court hearings. After a short period of time after the decision was made in favor of the plaintiff, the court received a request from the investigating authorities to provide case materials. It followed from the content of this request that the plaintiff was found dead with signs of a violent death, and shortly before her death, she signed a gift agreement in the name of one of the representatives who were suspected of committing the murder.

Consultant Plus: By the nature of your service, you communicate a lot with the most different people. Is it difficult? What mistakes do citizens most often make when applying to the court to protect their rights?

Krylova Anastasia: Working with people is always difficult, so the essential qualities of court employees are a good and stable emotional state, the ability to understand people, to understand the relationship between people and their intentions, to find mutual language with different people. At the same time, a court employee should always remember that citizens apply to the courts for the protection of violated rights, the restoration of justice, as a rule, having already exhausted other possibilities for resolving the situation.

Meanwhile, many citizens do not consider it necessary to seek qualified legal assistance from legal advice, hoping to get the necessary clarifications from court employees. Many will be able to make a statement according to the model. And it will be difficult for an ordinary citizen to assess all the circumstances of the case without experience in jurisprudence. The resolution of a simple situation can be delayed due to several significant legal errors that could have been avoided by obtaining qualified legal assistance.

However, in accordance with the Federal Constitutional Law of February 7, 2011 No. 1-FKZ "On Courts of General Jurisdiction in the Russian Federation", courts are not empowered to provide citizens with advice and explanations on legal issues. Thus, citizens mistakenly expect to receive legal advice in court.

Consultant Plus: What is the role of information technology in the work of an assistant referee? Are there any specialized programs for judges that you had to study? Do you use the ConsultantPlus system in your work? Is it possible to work in court without it?

Krylova Anastasia: At present, it is difficult to imagine the work of the court without the use of information technologies. Electronic databases have been installed in the courts, in which information about all incoming applications is entered, texts of judicial acts are attached to the database. Citizens can track the fate of their application, the progress of the case, as well as read the texts of judicial acts by visiting the official website of the court. Through information technology, citizens can sue electronic appeals to be considered in accordance with federal law dated May 02, 2006 No. 59-FZ "On the procedure for considering applications from citizens of the Russian Federation". The programs installed in the courts are easy to learn and significantly reduce the search for the necessary information on the case.

Assistant judges use the ConsultantPlus legal reference system every day in their work, since it contains the legislation of the Russian Federation, codes and laws in the current editions. Using ConsultantPlus, you can study the law as amended on a specific date. In the reference legal system ConsultantPlus is placed arbitrage practice, its analysis and generalization, explanations of departments and experts, which greatly simplifies the work of an assistant judge.

Consultant Plus: What advice would you give to students who would like to start a legal career as an assistant judge?

Krylova Anastasia: The court is a good place to gain professional experience, but the job of an assistant judge is not easy and the pay is low. At the same time, if someone wants to become a judge, then he should already pay attention to his behavior and environment. I advise all students of law faculties not to forget to engage in self-development and I wish you good luck in your professional activities.