The member of parliament has decided to leave the president without workYesterday the deputy of State meeting of Bashkiria Edward Murzin has directed the complaint to the Constitutional court of the Russian Federation on purpose to recognise as illegal practice of appointment of judges by officials of executive power. He considers that, appointing judges, the president of the country breaks a principle of division of the authorities, provided by the Constitution of the Russian Federation, and does judicial authority dependent from executive. He suggests to select judges βcενΰπξδνξ. With opinion of the deputy the legal community of Bashkiria does not agree - for preservation of powers of the president have expressed both judges, and lawyers. According to point position e articles 83 - j Constitutions of Russia, the judge are appointed the chief executive, that is the president of the Russian Federation, the principle of division of the authorities that contradicts article 10 - j to the Constitution of the Russian Federation " thereby is broken; - mister Murzin has declared . This article accurately specifies that the government in the Russian Federation is carried out on the basis of a principle of division of the authorities on legislative, executive and judicial and that each of them functions independently. but the point e articles 83 - j Constitutions of the Russian Federation according to which judges in the Russian Federation are appointed by the president of the Russian Federation, cancels independence of judicial authority, - the deputy has told, - therefore now in Russia there is no independence of judges, all of them depend on the main official of the country who appoints them . In its opinion, the mechanism of appointment does by executive power of judges judicial authority on a root dependent and dependent from executive power . Edward Murzin is convinced of necessity to return the Soviet principle of election of judges when them chose in public. it is the most democratic way of formation of courts - the deputy considers.
however interrogated lawyers have expressed disagreement with opinion of the deputy. So, lawyer Alexey Zelikman considers that Vladimir Putin is not the chief executive: the Chief executive - the prime minister - the minister, and the president of Russia - the guarantor of the Constitution . According to the lawyer, the president of the Russian Federation appoints judges only at representation of qualifying board which chooses judges on competition. Judges for representation, except for world, are chosen by the qualifying board consisting of 19 persons. These people choose for a period of two years. Judges appoint originally to three years, at repeated appointment the judge can hold the post for life.
the Given procedure meets the requirements of a present situation and while there is no the most effective procedure, than existing - mister Zelikman considers. The judge of the Supreme court of Bashkiria and a member of State meeting of republic Fanil Taepov adheres to the Same opinion. He believes that a present order of election of judges while Has not led to inefficient consequences . But it would be desirable this model to modernise, for example to reduce terms of passage of a nominee from the beginning of its representation to the statement the president, after all sometimes on it leaves about six months - mister Taepov has told. Besides, as he said, if the president of Russia does not confirm the presented nominee on a post of the judge it occurs without corresponding explanations.
Ilshat Gajnullin, Ufa