The Supreme judges prolong to themselves service life through courtYesterday board of the Supreme court (VS) Russia on civil cases has satisfied the complaint of ten judges VS which has challenged the decision of the Higher qualifying board of judges (VKKS), discharged them from posts in connection with age limit achievement in 65 years. As the basic argument in favour of cancellation of decision VKKS procedure infringement has served. Meanwhile, as it became known, in VKKS are ready to discharge judges repeatedly at the next session.
on January, 25th this year VKKS has held the next session on which ten judges VS have been discharged of posts, the chairman of the Supreme Arbitration Court Veniamin Jakovlev and some heads of regional courts. The decision on discharge of judges was accepted on the basis of the law on the status of the judges, the judge establishing age limit in 65 years. Ten judges VS discharged thus (Anatoly Brizitsky, Anatoly Burov, Yury Govorov, Yury Gutsol, Victor Yermilov, Magomed Karimov, Yury Keba, Vilenin Kolyshkin, Margarita Rodionova and Veniamin Stepanov) have disagreed with decision VKKS and have challenged it in board VS on civil cases. ZHalobshchiki asserted that VKKS has broken regulations, having made of the decision on discharge of judges without obligatory in such cases of their presence at session.
members of board VS on civil cases yesterday almost two hours listened to arguments of the parties. Then they have left on meeting, and already after a break rezoljutivnuju the part of the decision of board was read by presiding judge Vladimir Zajtsev. Board VS from January, 25th has cancelled decision VKKS, having promised to give to the parties a motivation part of the decision in the ten-day term provided by the law. Already on an exit from a hall of court upon termination of session judge Zajtsev has shortly answered a question of journalists on motives of the decision made by board: he has told that infringement of procedure of acceptance of such decisions was the basic argument in favour of cancellation of decision VKKS.
meanwhile yesterday`s decision VS has not shaken confidence of chairman VKKS of Valentine Kuznetsova of correctness of the decision accepted by qualifying board. “ we will gather for the next session on March, 22nd, we will inform them and once again we will discharge of posts, - chairman VKKS has told. - When the report of session of board will be ready, we will study it and if there will be a necessity, for a judicial order we will challenge the decision of judge Vladimir Zajtseva “. Mister Kuznetsov says that yet does not know, on what basis judge Zajtsev has cancelled decision VKKS, and underlines that court anyway “ it is necessary to respect “. “ I at all would not began to say that the submitted claim my colleagues on the Supreme court testifies to any intracorporate conflict, - chairman VKKS confirms. - But I count that judges of the Supreme court know the law establishing deadlines of stay on a post of the judge “. The law mentioned by mister Kuznetsovym on the status of judges has been accepted in 2001 and has come into force with a three-year delay - on December, 27th, 2004.
“ I am done not shocked at all with Valentine Kuznetsova`s words concerning that will discharge us repeatedly, - one of authors of the complaint the judge of VS Vilenin Kolyshkin has commented on a situation. - We were excited only with that discharge procedure has not been observed: us have not informed on date of session of qualifying board, about a place of its carrying out, have not invited to session though under the law should make it “.
Mister Kolyshkin refers on 55 - ju article of the Constitution of the Russian Federation, asserting that position of the law on the status of judges according to which in 65 years of the judge should retire, cannot extend on the judges appointed before adoption of this law. “ I have been appointed till 2001 when have passed the law. Me have appointed on unlimited age term under the former law, - judge Kolyshkin continues. - And in the constitution it is said that belittling action of the law should not extend on citizens. The constitution - the law of direct action, and position on age limit in 65 years belittles my rights “.
Mister Kolyshkin has told also that recently the State Duma has accepted new edition of the law on judges according to which the new age limit - will be established 70 years in the second reading. “ but we, making to the complaint in judicial board on civil cases, for new edition of the law did not hope in any way, - the judge confirms. - This bill after acceptance in the second reading has got lost where - that in the State Duma, and nobody knows, when it will be accepted. Hardly it is necessary to count that acceptance of new edition of the law on judges will help us. And not it for us the main thing. The main thing - to observe procedure and correctly to treat spirit of the law “.
will continue to watch business of judges VS.