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Постановление Европейского суда по правам человека от 09.07.2009 "Дело "Илатовский (Ilatovskiy) против Российской Федерации" [рус., англ.]





in respect of each candidate separately.
Persons who have received more than half the votes of the electors at a staff meeting or of the electors at their place of residence... shall be considered to have been elected as lay judges of a district (town) court..."
Article 59. Minutes of the meeting for the elections of lay judges
"The results of the elections shall be recorded in the minutes of the meetings..."
Article 60. Determination of the results of elections of lay judges
"The executive committee of the district, town... Council of People's Deputies shall determine the results of the elections of lay judges on the basis of the meeting minutes and shall compile the list of lay judges for that district (town) court.
...
The list of lay judges shall be approved by the executive committee of the district, town... Council and shall be sent to the district (town) court."

D. The Constitution of the Russian Federation

15. On 12 December 1993 the Constitution of the Russian Federation was adopted. Section 90 of the Constitution read as follows:
"1. The President of the Russian Federation shall issue decrees and orders.
2. Decrees and orders of the President of the Russian Federation have binding force in the entire territory of the Russian Federation.
3. Decrees and orders of the President of the Russian Federation should not run contrary to the Constitution of the Russian Federation and federal laws."
16. Part 2 of the Russian Constitution contained provisions aimed at preserving the continuity of the judiciary and other State bodies for the transitional period. In particular, paragraph 6 of part 2 established that until the adoption of the federal law setting out the procedure for the examination of cases by a jury, the previous procedure of examination of that category of cases by courts should be preserved.

E. The President's Decree of 22 March 1995

17. On 22 March 1995 the acting President of Russia issued Decree No. 299, which read as follows:
"Relying on Section 90 and paragraph 6 of part 2 of the Constitution of the Russian Federation, [I] order that:
1. Lay judges of district (town) courts should continue their service until the adoption of the respective federal law.
2. Executive authorities of the constituent elements of the Russian Federation should, if necessary, organise by-elections of lay judges of district (town) courts at general staff meetings, general meetings and gatherings of citizens at their places of residence."

F. The Judicial System Act

18. On 1 January 1997 the Federal Constitutional Law No. 1-FKZ on the Judicial System of the Russian Federation (hereafter - "the Judicial System Act") entered into force. By virtue of section 1 of the Act judicial authority in the Russian Federation was vested exclusively in courts comprising professional judges, jurors, lay and arbitration judges appointed/elected in accordance with the procedure laid down by the federal law.
19. Section 8 of the Judicial System Act prescribed that individuals could participate as jurors, lay and arbitration judges in the administration of justice in accordance with the procedure established by the federal law.
20. Section 37 established that lay judges elected to serve in the courts before 1 January 1997 should remain in office until the expiration of the term of office for which they had been elected.

G. The President's Decree of 23 January 1997

21. On 23 January 1997 the President of the Russian Federation issued Decree No. 41, which, in so far as relevant, read as follows:
"Having regard to the [fact] that the Federal Constitutional Law on the Judicial System of the Russian Federation ha



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