Plenary Session Manual

The print version

Approved with decision No 1 of the Plenary Session of the Supreme Court of 2 May 2011

Amendments No 1 of 21 February 2014 

 

I. General Provisions

1. The Manual of the Plenary Session of the Supreme Court (further – the Plenary Session) establishes procedure of convocation, processing and course of the Plenary Session.   

2. Authority of the Plenary Session is established in the law “On Judicial Power”. The Plenary Session, being an institution of judicial self-government, may discuss any issue, which is topical for the Supreme Court and for judicial system.

 

II. Composition of the Plenary Session

3. Judges of the Supreme Court participate in the Plenary Session.   

4. Judges Emeritus of the Supreme Court and judges of regional courts, substituting judges of the Supreme Court, may participate in the Plenary Session without right to vote.      

5. The Plenary Session is entitled to make decisions, if at least two-thirds of total number of judges of the Supreme Court, who had been approved and who had given an oath, participate in the Plenary Session.

6. The secretary of the Plenary Session is a judge elected among judges of the Supreme Court for the term of three years. The secretary of the Plenary Session develops drafts of agenda and decisions of the Plenary Session.

7. The technical secretary of the Plenary Session is an employee appointed by the Administration of the Supreme Court. The technical secretary of the Plenary Session provides technical processing of the Plenary Session and keeps the minute of meeting of the Plenary Session, and executes instructions of the secretary of the Plenary Session.

8. The Prosecutor General has right to participate in the Plenary Session and to express an opinion on issues being reviewed. The Chief Justice of the Supreme Court decides on other persons to be invited. 

9. Judges of the Supreme Court, Honoured Judges of the Supreme Court and judges of regional courts replacing judges of the Supreme Courts, the Prosecutor General and persons invited participate in closed meeting of the Plenary Session.

 

III. Convocation and processing of the Plenary Session

10. The Plenary Session is convoked by the Chief Justice of the Supreme Court by his/her initiative, as well as by initiative of the Chamber or the Department.

(Amendments 21.02.2014, No 1)

11. The Chief Justice of the Supreme Court approves draft of agenda, appointing reporters of issues to be discussed and developers of drafts of decisions of the Plenary Session, if necessary.  

12. The secretary of the Plenary Session informs judges of the Supreme Court and judges replacing judges of the Supreme Court, the Prosecutor General and persons invited about the Plenary Session and its agenda not later than 15 days prior to the Plenary Session.   

13. The secretary of the Plenary Session delivers drafts of decisions of the Plenary Session and other documents to be discussed to judges of the Supreme Court and the Prosecutor general not later than 7 days prior to the Plenary Session.

14. In extreme cases, the Plenary Session may be convoked immediately.

 

IV. Course of the Plenary Session

15. The Plenary Session is led by the Chief Justice of the Supreme Court or the Chair of the Department of the Supreme Court authorised by him.

(Amendments 21.02.2014, No 1)

16. At the beginning of the session, the secretary declares, how many judges arrived, and informs on persons invited and participating.   

17. The Head of the Plenary Session submits proposal on approval of agenda of the Plenary Session.

18. Meetings of the Plenary Session are open. The meeting of the Plenary Session or its part may be announced to be closed.

19. Meetings of the Plenary Sessions, in which issues on dismissal of the Chief Justice of the Supreme Court or removal of the Prosecutor general from his/her office, are closed meetings.  

20. An application for the debate may be submitted both orally and in writing before the meeting or during the Plenary Session.

21. Persons invited to the Plenary Session may also participate in debate.  

22. The Plenary Session decides on closure of debate. 

23. In case of necessity, the Chief Justice suggests to submit written proposals about draft of decision.

24. The secretary of the Plenary Session summarises amendments to draft of the decision of the Plenary Session.

25. The debate and the vote may take place upon each item or part of the draft of decision separately, as well as upon several items and parts in total. It is necessary to vote also for all draft of decision in general.  

 

V. Decision of the Plenary Session

26. Only judges of the Supreme Court participate in voting.

27. The vote is open, unless the Plenary Session has decided otherwise. When electing officials or giving statement upon dismissal of the Chief Justice of the Supreme Court or removal of the Prosecutor General from the office, the vote shall take place in closed regime.  

28. In open vote, votes are counted and results are announced by the secretary of the Plenary Session.

29. In closed vote, counting committee is elected. Votes are counted and results are announced by counting committee.

30. It is possible to vote “for”, “against” or “to abstain from voting”.

31. Decision of the Plenary Session is adopted by majority of votes present. Decision upon dismissal of the Chief Justice of the Supreme Court or removal of the Prosecutor General from the officeis adopted, if not less than two-thirds of total number of judges of the Supreme Court have voted for it.

 

VI. Documentation of the Plenary Session

32. The minute of the meeting of the Plenary Session is processed by the secretary of the Plenary Session and signed by the Head of the Plenary Session in five days.

33. When recording course of the Plenary Session, technical means can be used as well. If course of the Plenary Session is recorded, using technical means, only course of the Plenary Session and decisions adopted are recorded in minūtes.

(Amendments 21.02.2014, No 1)

34. Documentation of the Plenary Session is kept according to nomenclature of cases of the Supreme Court.

35. Decision of the Plenary Session is signed by the Head of the Plenary Session and by the secretary of the Plenary Session not later than in seven days after the decision is adopted.

36. The secretary of the Plenary Session delivers adopted decisions to the Prosecutor General and persons invited in fifteen days after the Plenary Session.   

37. Decision adopted in open meeting and operative part of decision adopted in closed meeting is information of general accessibility.  Decisions adopted in open meeting of the Plenary Session are published on the home page of the Supreme Court on the Internet.  Regarding decisions adopted in closed meetings, operative part of the decision is published.  

 

VII. Final Provisions

38.  From the moment of approval of the present manual, the Plenary Session Manual approved on 10 February 2006, with the decision No 2 of the Plenary Session, becomes invalid.