Draft Constitutional Law of the Republic of Vestina "On the Judicial System"
- Apr 30, 2025
- 7 min read
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Одобряете ли Вы нижеизложенный Проект Конституционного Закона "О судебной системе"? (Do you approve of the following Draft Constitutional Law?)
1. Да, одобряю (Yes, I accept)
2. Нет, не одобряю (No, I don't accept)
CONSTITUTIONAL LAW OF THE REPUBLIC OF VESTINA
«ON THE JUDICIAL SYSTEM»
This Law regulates the organization, functioning and principles of work of the judicial system of the Republic of Vestina, ensuring justice, equality before the law and protection of the rights and freedoms of citizens.
Article 1. Principles of the judicial system
· The principle of independence of judges.
· The principle of legality.
· The principle of publicity of judicial proceedings.
· The principle of impartiality.
· The principle of equality.
Article 2. Name of the judicial system
The judicial system of the Republic of Vestina unites all judicial bodies of the Republic and is called "JUSTIARUM".
Article 3. Structure of the judicial system
The judicial system of the Republic of Vestina shall consist of the following departments:
· Supreme Arbitration. It is the highest judicial body of the Republic for civil, criminal and other cases under the jurisdiction of other courts, exercises supervision over their activities in the procedural forms provided by law and provides clarifications on issues of judicial practice.
· Constitutional Arbitration. A judicial body of first instance, for reviewing legal norms for compliance with the Constitution, ensuring constitutional control over violations of constitutional norms.
· Arbitration for civil cases. A judicial body of first instance for the consideration of disputes within the framework of civil legislation.
· Arbitration for criminal cases. A judicial body of first instance that hears cases within the framework of criminal and criminal procedural legislation.
· Arbitration for administrative cases and administrative offenses. A judicial body of first instance that considers cases on disputes with state bodies and cases on administrative offenses.
· Arbitration for economic cases. A judicial body of first instance that considers cases of non-fulfillment/improper fulfillment and other violations of economic obligations of legal entities and individuals.
· International Arbitration. A court of first instance that hears cases/disputes that arise from international law or affect the rights of foreigners guaranteed by international law.
· Juvenile arbitration. A court of first instance that considers cases/disputes in which one of the participants is a minor or if the case/dispute affects the interests of a minor, as well as other family disputes where there are interests of a minor.
· Appellate arbitrator. A court of second instance that considers appeals in criminal, civil, administrative and other cases, checking the legality of the contested acts of the court of first instance that have not entered into legal force.
• Cassation arbitration. The highest judicial body that considers cassation appeals in criminal, civil, administrative and other procedures, verifying the legality of the contested acts of lower courts that have entered into legal force.
2. The Chairman of the Justiarum is also the Chairman of the Supreme Arbitration.
Article 4. Number of judges of the Justiarum of the Republic of Vestina
1. The number of judges of the Justiarum of the Republic of Vestina is established by this Law.
2. The number of judges of the Supreme Arbitration Court is 7 judges, including the Chairman of the Justiarum. Each judge of the Supreme Arbitration Court, except for the Chairman, represents each direction of legal proceedings (except for the appellate and cassation arbitration courts).
3. The number of judges of each arbitration court, except for the Supreme Arbitration Court, is 3 judges, including the Chairman of the arbitration court.
Article 5. Procedure for appointing judges and chairmen of arbitrations
1. Judges of the Supreme Arbitration are elected by the deputies of the Garaсium from those nominated by the Chairman of the Justiarum.
2. Judges of lower arbitrations, including the appellate and cassation courts, are appointed by the Decree of the President upon the proposal of the Chairman of the Justiarum. The chairmen of the arbitrations are appointed by the Chairman of the Justiarum.
3. The Chairman of the Justiarum is appointed by the Decree of the President with the consent of the Garaсium.
Article 6. Independence of judges
1. Judges of the Republic of Vestina are appointed for life (except for justices of the peace) and cannot be removed except on the grounds provided by law. They are independent and are responsible only to the law and their conscience.
2. Judges perform their duties on a gratuitous basis.
Article 7. Restrictions imposed on judges in the performance of their duties
A judge may not engage in entrepreneurial, political or other paid activities, except for teaching, scientific and creative work.
Article 8. Requirements for candidates for judges
A citizen of the Republic of Vestina who meets the following requirements may be appointed as a judge:
1) has reached thirty years of age;
2) has a higher legal education (in the case of the election of judges of the arbitration court for international cases, the candidate must have a legal education in the field of international law or have advanced training in this area);
3) has passed the qualification exam;
4) has undergone a medical examination and confirmed the absence of diseases that prevent the performance of professional duties of a judge.
Article 9. Procedure for the resignation of a judge
1. Resignation is the termination of the powers of a judge in the form of an honorable departure from the position of a judge who has an impeccable reputation, has at least 10 years of judicial experience, while retaining the title of judge upon his personal written application.
2. The resignation of a judge is approved by a Decree of the President.
Article 10. Termination of powers of a judge
1. Termination of powers of a judge is carried out in the following cases:
1) Voluntary desire of a judge who does not have the necessary length of service for resignation;
2) Commission of a crime by a judge (after the sentence has entered into legal force);
3) Renunciation of citizenship by a judge;
4) Commission of a disgraceful act by a judge;
5) In the event of the death of a judge.
2. Termination of powers of a judge is carried out by Decree of the President.
Article 11. Concept of Digital Justice
1. Justice in the Republic of Vestina is administered only digitally using technical means (video conference);
2. The Justiarum is obliged to publish an announcement about the appointment of a court hearing in a special section on the website presidentvestina.info with a link to the video conference of the court hearing;
3. Every citizen has the right to participate in the court hearing as an audience member. All court hearings are held in open mode, with the exception of criminal cases involving state secrets, as well as civil ones, which can be closed at the request of the parties.
Article 12. Guarantees of Justice
1. The Republic of Vestina guarantees everyone access to justice, a fair trial within a reasonable time and the execution of judicial decisions.
2. Judicial decisions are binding on all state bodies, individuals and citizens of the Republic of Vestina.
Article 13. Constitutional status of a judge
1. Judges of all arbitration courts have a single status and differ from each other only in their competence in legal proceedings.
2. A judge is an official of the state, vested in the procedure established by the Constitution of the Republic of Vestina and this Constitutional Law with the authority to administer justice, performing his duties on a permanent basis and being the bearer of judicial power.
Article 14. Disciplinary liability of judges
1. A judge shall bear disciplinary liability for committing actions incompatible with his status, violating the requirements of the law, judicial ethics, as well as for failure to perform or improper performance of his official duties.
2. The grounds for bringing a judge to disciplinary liability are:
1. gross or systematic violation of the law in the administration of justice;
2. violation of the norms of judicial ethics;
3. intentional distortion of facts or abuse of authority;
4. unreasonable delay in the consideration of cases;
5. committing an act that discredits the honor and dignity of a judge or undermines the authority of the judiciary.
Article 15. Disciplinary measures
1. Types of disciplinary measures applied to judges:
1. reprimand;
2. reprimand;
3. severe reprimand;
4. temporary suspension from the performance of official duties;
5. termination of powers of a judge.
2. A judge of all arbitration courts, except for the Supreme Arbitration Court, shall be subject to disciplinary liability by a decision of the judges of the Supreme Arbitration Court, formalized by a Resolution.
A judge of the Supreme Arbitration Court shall be subject to disciplinary liability by a decision of the President, approved by a Decree.
Article 16. Types of judicial acts
1. In the Republic of Vestina, judicial acts are recognized as official decisions made by the court in the course of the administration of justice, which have binding legal force.
2. Depending on the stage of the trial and the nature of the issues being resolved, judicial acts are subdivided into:
1. decisions — acts by which the court of first instance resolves the case on the merits;
2. sentences — acts containing the final judgment on a criminal case, issued on the basis of evidence of the guilt or innocence of a person;
3. court ruling — acts issued on individual issues arising during the trial, or in cases provided for by law;
4. resolutions — acts issued by the courts of appellate, cassation and supervisory instances, as well as in other cases established by the legislation of the Republic of Vestina;
5. court orders — simplified acts issued without a trial in cases expressly provided for by law.
3. Judicial decisions must be lawful, substantiated and motivated, except in cases where the law allows them to be issued without motivation.
4. All judicial decisions are subject to promulgation, except in cases provided for by law, and enter into force in the manner established by the procedural legislation of the Vestina.
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