Some government positions, such as a judge, can be held by a candidate only if he has not only a higher legal education, but also relevant work experience. The presence of legal experience and its duration may also be a prerequisite for calculating allowances for those who work in other state bodies - the Ministry of Internal Affairs, the Ministry of Justice, etc.
The legislative framework
In addition to higher specialized education and age - at least 25 years, a legal experience of at least 5 years is required for a candidate wishing to become a judge. This requirement is stipulated in Article 119 of the Constitution of the Russian Federation. This length of service is calculated in accordance with the Instruction on the Procedure for Determining the Length of Service in the Legal Profession for Candidates for the Positions of Judges of Federal Courts. This document was approved by the Ministry of Justice of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation on December 27, 1996.
According to the Instruction, legal experience includes the entire period of work in legislative, executive or judicial bodies of state power, municipal authorities, as well as trade union and other public organizations. This length of service will include periods of work in any enterprise, if the condition for the position held in this case was a higher or secondary legal education. That is, if you worked as a legal adviser in a commercial company, this experience will be counted as legal. This provision of the Instruction also applies to persons who did not have a higher or secondary legal education for the period of work and received it only later.
Work in other positions can also be included in the legal experience, but only if it was directly related to the protection of the rights and legitimate interests of individuals and legal entities, and also concerned the strengthening of law and order and required special legal knowledge and practical skills. application.
Women should be aware that their legal experience also includes periods when they were on partially paid and additional parental leave. But in this case, leave should be granted in the performance of the above job duties.
Basis for determining legal experience
The basis on which the legal experience is calculated is the entries in the work book. In some cases, in order to clarify it, it will be necessary to provide copies of orders for the appointment to the position, as well as job descriptions or other documents containing information about the duties performed at the workplace. Documents confirming work and legal experience both on the territory of the Russian Federation and in the republics of the former USSR are accepted for consideration.
In disputable situations when determining the legal experience, the final decision can be made by a specially created qualification board of judges. The decision taken by such a commission must contain the rationale and motivation for the adopted verdict.
