s come into effect, for the purpose of ensuring the activities of the courts of general jurisdiction in the Russian Federation and for judicial protection of the rights of individuals, and relying on Section 90 of the Constitution of the Russian Federation, [I] order that:
1. Lay judges of... district courts should continue their service until the adoption of the federal law on the procedure for appointment (election) of lay judges."
H. The Lay Judges Act
22. On 10 January 2000 the Federal Law on Lay Judges of Federal Courts of General Jurisdiction in the Russian Federation ("the Lay Judges Act") came into force. By section 1 (2) of the Act, lay judges are persons authorised to sit in civil and criminal cases as non-professional judges.
23. Section 2 provides that lists of lay judges must be compiled for every district court by local self-government bodies, such lists being subject to confirmation by the regional legislature. Section 5 determines the procedure for selection of lay judges. It provides that the president of a district court is to draw names at random from a list of lay judges assigned to that court. The number of lay judges assigned to every professional judge should be at least three times as many as that needed for a hearing.
24. By section 9, lay judges should be called to serve in a district court for a period of fourteen days, or as long as the proceedings in a particular case last. Lay judges may only be called for service once a year.
I. The President's Decree of 25 January 2000
25. Under the Decree of the acting President of Russia issued on 25 January 2000, lay judges serving in the courts of general jurisdiction were authorised to remain in office until the courts received new lists of judges confirmed by the regional legislatures.
J. The Regulation on appointment of lay judges
26. The Presidium of the Supreme Court of the Russian Federation issued on 14 January 2000 a Regulation on the procedure for selection of lay judges. The regulation provided that the President of a district court should draw at random from the general list of lay judges, 156 names for each judge. The lay judges for a particular case were to be drawn by lot by the judge to whom the case had been assigned.
K. The President's Decree of 5 August 2002
27. On 5 August 2002 the President of the Russian Federation issued Decree No. 855, by which, relying on the Lay Judges Act, he declared that his decrees No. 299 of 22 March 1995, No. 41 of 23 January 1997 and No. 103 of 25 January 2000 were no longer in force.
L. The Russian Code of Criminal Procedure:
reopening of criminal proceedings
28. Article 413 of the Russian Code of Criminal Procedure, setting out the procedure for re-opening of criminal cases, reads, in so far as relevant, as follows:
"1. Court judgments and decisions which became final should be quashed and proceedings in a criminal case should be re-opened due to new or newly discovered circumstances.
...
4. New circumstances are:
...
(2) a violation of a provision of the European Convention for the Protection of Human Rights and Fundamental Freedoms committed by a court of the Russian Federation during examination of a criminal case and established by the European Court of Human Rights, pertaining to:
(a) application of a federal law which runs contrary to provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms;
(b) other violations of provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms;
(c) other new circumstances."
THE LAW
I. Alleged violation of Article 6 § 1 of the Co
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