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Courts Act

Passed19 June 2002

(RT1I 2002, 64, 390),

enteredinto force29 July 2002,

amendedby the following Act:

29.01.2003 entered into force 15.03.2003 - RT I 2003, 21, 121.

Chapter 1

General Provisions

§ 1. Scope of application of Act

This Act provides the legal bases for courts administration and court service.

§ 2. Administration of justice and independence of court

(1) Justice shall be administered solely by the courts.

(2) No one has the right to interfere with the administration of justice.

(3) Acts which are directed at disturbing the administration of justice are prohibited in courts and in the vicinity thereof.

§ 3. Main guarantees for independence of judges

(1) Judges shall be appointed for life.

(2) Judges may be removed from office only by a court judgment.

(3) Criminal charges against a judge of a court of the first instance and a court of appeal may be brought during their term of office only on the proposal of the Supreme Courten bancwith the consent of the President of the Republic.

(4) Criminal charges against a justice of the Supreme Court may be brought during his or her term of office only on the proposal of the Chancellor of Justice with the consent of the majority of the membership of the Riigikogu2.

§ 4. Jurisdiction of court

(1) Jurisdiction of a court shall be provided by law.

(2) A case may be transferred from the jurisdiction of one court to the jurisdiction of another court only on the bases and pursuant to the procedure provided by law.

§ 5. Working language of courts

(1) Judicial proceedings and operations procedure in court shall be conducted in Estonian.

(2) The use of another language in judicial proceedings shall be provided by the Codes of procedure.

§ 6. Working hours of court

(1) Judges shallorganisetheir working hours independently. A judge shall perform his or her duties within reasonable time, having regard to the terms for proceedings prescribed by law.

(2) Court sessions shall be held on working days during the period between9 a.m.and12 a.m.A court session may continue after such time if the court finds it justified in the interests of administration of justice.

(3) In order to decide the imposition of a punishment for amisdemeanour, or the grant of permission to apply a preventive measure or to take an administrative measure, a court session may also be held at another time.

§ 7. Judicial institution

(1) Courts are administrative agencies of the state.

(2) A court shall have its own budget and a seal bearing the small national coat of arms.

(3) A court shall be registered in the state register of state and local government agencies pursuant to the procedure provided for in the statutes of the register.

§ 8. Court service

(1) Court service is employment in a judicial institution. Judges and court officers are in court service.

(2) The Public Service Act applies to judges (RT I 1995, 16, 228; 1999, 7, 112; 10, 155; 16, 271 and 276; 2000, 25, 144 and 145; 28, 167; 102, 672; 2001, 7, 17 and 18; 17, 78; 19, correction notice; 42, 233; 47, 260; 2002, 21, 117; 62, 377; 110, 656; 2003, 4, 22; 13, 67; 69; 20, 116) only in cases which are not provided for in this Act.

(3) The Public Service Act applies to court officers unless otherwise prescribed by this Act.

Chapter 2

Courts of First Instance

Division 1

County and City Courts

§ 9. County and city courts

(1) County and city courts shall hear civil, criminal andmisdemeanourmatters as courts of first instance. County and city courts shall also perform other acts the performance of which is placed within the jurisdiction of the courts by law.

(2) The following are county and city courts:

1)HarjuCounty Court;

2)Ida-ViruCounty Court;

3)JõgevaCounty Court;

4)JärvaCounty Court;

5)LääneCounty Court;

6)Lääne-ViruCounty Court;

7)PõlvaCounty Court;

8)PärnuCounty Court;

9)RaplaCounty Court;

10)SaareCounty Court;

11)TartuCounty Court;

12)ValgaCounty Court;

13)ViljandiCounty Court;

14)VõruCounty Court;

15)NarvaCityCourt;

16)TallinnCityCourt.

(3) County and city courts shall be located in their territorial jurisdiction. The Minister of Justice shall determine the exact location of courts.

(4) The structure of county and city courts and the composition of the staff of court officers shall be determined by the director of administration, except in the field related to the performance of the function of administration of justice. In such field, the structure of the court and the composition of the staff of court officers shall be determined by the chairman of the court. In determination of the structure of a court and the composition of the staff of court officers, the provisions of § 43 of this Act shall be taken into consideration.

§ 10. Territorial jurisdiction of county and city courts

(1) The territorial jurisdiction of county and city courts shall be determined by the Minister of Justice.

(2) Courts which adjudicate matters of a particular type without considering the territorial jurisdiction may be provided by law.

§ 11. Number of county and city judges

The number of judges in each county or city court shall be determined by the Minister of Justice after having considered the opinions of the chairman of the county or city court and the chairman of the circuit court in whose territorial jurisdiction the court is located.

§ 12. Chairmen of county or city courts

(1) The chairman of a county or city court shall be appointed from among the judges of the court for five years. The chairman of a court is appointed by the Minister of Justice after having considered the opinion of the full court.

(2) The chairman of a county or city court shall represent and direct the judicial institution within the limits of his or her competence. The chairman of a court is responsible for administration of justice in the court pursuant to the established procedure.

(3) The chairmen of county and city courts shall:

1)organiseactivities in the area of administration of justice;

2) approve the draft budget of the court prepared by the director of administration;

3) exercise supervisory control prescribed by law;

4) prepare the draft of the training plan of judges and submit it for approval to the full court,organiseand monitor compliance with the plan and present a review on compliance with the plan to the full court at least once a year;

5)performother duties arising from law and the internal rules of the court.

(4) The Minister of Justice may release the chairman of a court prematurely:

1)atthe request of the chairman;

2)ifthe chairman of the court has failed to perform his or her duties wrongfully to a material extent.

(5) In the case specified in clause (2) 4) of this section, the Minister of Justice shall consider the opinion of the full court and the opinion of the chairman of the circuit court in whose territorial jurisdiction the county or city court is located.

(6) In the absence of the chairman of a court, a judge designated by the chairman shall substitute for him or her. If the chairman of a court has not designated an acting chairman, a judge who is senior in office shall substitute for him or her, and where there is equal seniority in office, a judge who is senior in age shall substitute for him or her.

(7) If the chairman of a court is released from the office of judge, he or she shall also be released from the duties of the chairman of a court.

(8) Upon release of the chairman of a court from the duties of the chairman of a court, he or she shall retain the authority of a judge.

(9) No one shall be appointed as chairman of a court for two consecutive terms.

§ 13. Substitution of county and city judges

(1) If there are no judges in a county or city court, the full court of circuit court shall designate a county or city court from among the courts of the territorial jurisdiction of the circuit court which shall administer justice in the territorial jurisdiction of the court during the period when there are no judges.

(2) In the interests of administration of justice, the Minister of Justice may transfer a judge of a court of the first instance or a court of appeal, with the consent of the judge, temporarily to another county or city court after having previously considered the opinion of the chairman of the court where the judge permanently administers justice.

§ 14. Lay judges

The number of lay judges in each county or city court shall be determined by the Minister of Justice after having considered the opinion of the full court of the county or city court.

§ 15. Land registry department

(1) Each county and city court shall comprise a land registry department.

(2) A land register and marital property register shall be maintained in a land registry department.

(3) The Minister of Justice may determine that some county or city courts do not have a land registry department. In such case, the Minister of Justice shall determine which county or city court's land registry department performs the functions related to the maintenance of the register in the territorial jurisdiction of the court which does not have a land registry department.

(4) An assistant judge designated by the director of administration shall be the head of the land registry department. A land registry department shall be comprised of assistant judges and other court officers.

§ 16. Registration department

(1) Each county and city court shall comprise a registration department.

(2) A commercial register, Non-profit Associations and Foundations Register, commercial pledge register and ship register shall be maintained in a registration department.

(3) The Minister of Justice may determine that some county or city courts do not have a registration department. In such case, the Minister of Justice shall determine which county or city court's registration department performs the functions related to the maintenance of the register in the territorial jurisdiction of the court which does not have a registration department.

(4) An assistant judge designated by the director of administration shall be the head of the registration department. A registration department shall be comprised of assistant judges and other court officers.

§ 17. Probation supervision department

(1) Each county and city court shall comprise a probation supervision department.

(2) A probation supervision department shall monitor thebehaviourof probationers and theperformance of duties imposed on them by a court, and performother functions provided by law.

(3) The Minister of Justice may determine that some county or city courts do not have a probation supervision department. In such case, the Minister of Justice shall determine which county or city court's probation supervision department performs the functions related to probation supervision in the territorial jurisdiction of the court which does not have a probation supervision department.

(4) A probation supervision department shall be comprised of probation officers and other court officers. The director of administration of a court shall appoint the head of a probation supervision department

Division 2

Administrative Courts

§ 18. Administrative courts

(1) Administrative courts shall hear administrative matters placed within the jurisdiction thereof as courts of first instance. Administrative courts shall also perform other acts the performance of which is placed within the jurisdiction of the courts by law.

(2) The following are administrative courts:

1)JõhviAdministrative Court;

2)PärnuAdministrative Court;

3)TallinnAdministrative Court;

4)TartuAdministrative Court.

(3) An administrative court shall be located in the territorial jurisdiction of the administrative court which shall be determined by the Minister of Justice. The Minister of Justice shall determine the exact location of administrative courts.

(4) The structure of administrative courts and the composition of the staff of court officers shall be determined by the director of administration, except in the field related to the performance of the function of administration of justice. In such field, the structure of the court and the composition of the staff of court officers shall be determined by the chairman of the court. In determination of the structure of a court and the composition of the staff of court officers, the provisions of § 43 of this Act shall be taken into consideration.

§ 19. Number of administrative court judges

The number of judges in each administrative court shall be determined by the Minister of Justice after having considered the opinions of the chairman of the administrative court and the chairman of the circuit court in whose territorial jurisdiction the administrative court is located.

§ 20. Chairmen of administrative courts

(1) The chairman of an administrative court shall be appointed from among the judges of the court for five years. The chairman of a court is appointed by the Minister of Justice after having considered the opinion of the full court.

(2) The chairman of an administrative court shall represent and direct the judicial institution within the limits of his or her competence. The chairman of a court is responsible for administration of justice in the court pursuant to the established procedure.

(3) The chairmen of administrative courts shall:

1)organiseactivities in the area of administration of justice;

2) approve the draft budget of the court prepared by the director of administration;

3) exercise supervisory control prescribed by law;

4) prepare the draft of the training plan of judges and submit it for approval to the full court,organiseand monitor compliance with the plan and present a review on compliance with the plan to the full court at least once a year;

5)performother duties arising from law and the internal rules of the court.

(4) The Minister of Justice may release the chairman of a court prematurely:

1)atthe request of the chairman;

2)ifthe chairman of the court has failed to perform his or her duties wrongfully to a material extent.

(5) In the case specified in clause (2) 4) of this section, the Minister of Justice shall consider the opinion of the full court and the opinion of the chairman of the circuit court in whose territorial jurisdiction the administrative court is located.

(6) If the chairman of a court is released from the office of judge, he or she shall also be released from the duties of the chairman of a court.

(7) Upon release of the chairman of a court from the duties of the chairman of a court, he or she shall retain the authority of a judge.

(8) In the absence of the chairman of a court, a judge designated by the chairman shall substitute for him or her. If the chairman of a court has not designated an acting chairman, a judge who is senior in office shall substitute for him or her, and where there is equal seniority in office, a judge who is senior in age shall substitute for him or her.

(9) No one shall be appointed as chairman of a court for two consecutive terms.

§ 21. Substitution of administrative court judges

In the interests of administration of justice, the Minister of Justice may transfer a judge of a court of the first instance or a court of appeal, with the consent of the judge, temporarily to an administrative court after having previously considered the opinion of the chairman of the court where the judge permanently administers justice.

Chapter 3

Courts of Appeal

§ 22. Circuit courts

(1) A circuit court is the court of appeal which reviews the decisions of county, city and administrative courts by way of appeal proceedings.

(2) Tallinn Circuit Court,TartuCircuit Court andViruCircuit Court are circuit courts.

(3)HarjuCounty Court,JärvaCounty Court,LääneCounty Court,PärnuCounty Court,RaplaCounty Court,SaareCounty Court and Tallinn City Court,Tallinn Administrative CourtandPärnuAdministrative Courtshall be in the jurisdiction of Tallinn Circuit Court.

(4)JõgevaCounty Court,PõlvaCounty Court,TartuCounty Court,ValgaCounty Court,ViljandiCounty Court,VõruCounty Court, andTartuAdministrative Court,JõhviAdministrative Court shall be in the jurisdiction ofTartuCircuit Court.

(5) Ida-ViruCounty Court,Lääne-ViruCounty Court andNarvaCity Court shall be in the jurisdiction ofViruCircuit Court.

(6) Tallinn Circuit Court shall be located inTallinn,TartuCircuit Court shall be located inTartu,ViruCircuit Court shall be located inJõhvi. The Minister of Justice shall determine the exact location of circuit courts.

(7) The structure of circuit courts and the composition of the staff of court officers shall be determined by the director of administration, except in the field related to the performance of the function of administration of justice. In such field, the structure of the court and the composition of the staff of court officers shall be determined by the chairman of the court. In determination of the structure of a court and the composition of the staff of court officers, the provisions of § 43 of this Act shall be taken into consideration.

§ 23. Number of circuit court judges

The Minister of Justice shall determine the number of judges in each circuit court after having considered the opinion of the chairman of the circuit court.

§ 24. Chairmen of circuit courts

(1) The chairman of a circuit court shall be appointed from among the judges of the same court for seven years. The Minister of Justice shall appoint the chairman of a court after having considered the opinion of the full court of the circuit court.

(2) The chairman of a circuit court shall represent and direct the judicial institution within the limits of his or her competence. The chairman of a court is responsible for administration of justice in the court pursuant to the established procedure.

(3) Chairmen of circuit courts shall:

1)organiseactivities in the area of administration of justice;

2) approve the draft budget of the court prepared by the director of administration;

3) exercise supervisory control prescribed by law;

4) prepare the draft of the training plan of judges and submit it for approval to the full court,organiseand monitor compliance with the plan and present a review on compliance with the plan to the full court at least once a year;

5)performother duties arising from law and the internal rules of the court.

(4) The Minister of Justice may, with the approval of the Supreme Courten banc, release the chairman of a court from office prematurely:

1)atthe request of the chairman of the court;

2)ifthe chairman of the court has failed to perform his or her duties wrongfully to a material extent.

(5) In the case provided for in clause (4) 2) of thissection ,the Minister of Justice shall consider the opinion of the full court.

(6) If the chairman of a court is released from the office of judge, he or she shall also be released from the duties of the chairman of a court.

(7) Upon release of the chairman of a court from the duties of the chairman of a court, he or she shall retain the authority of a judge.

(8) In the absence of the chairman of a court, a judge designated by the chairman shall substitute for him or her. If the chairman of a court has not designated an acting chairman, a judge who is senior in office shall substitute for him or her, and where there is equal seniority in office, a judge who is senior in age shall substitute for him or her.

(9) No one shall be appointed as chairman of a court for two consecutive terms.

Chapter 4

Supreme Court

§ 25. Supreme Court

(1) The Supreme Court is the highest court in the state.

(2) The Supreme Court shall be located inTartu.

(3) The number of justices in the Supreme Court shall be nineteen.

§ 26. Jurisdiction of Supreme Court

(1) The Supreme Court shall review decisions by way of cassation proceedings. In the cases and pursuant to the procedure provided by law, the Supreme Court shall review decisions by way of proceedings for revision or proceedings for the correction of court error, and perform other duties arising from law.

(2) Acceptance for proceedings of matters which fall within the jurisdiction of the Supreme Court shall be decided by a panel of at least three members of the Supreme Court on the basis provided for in law regulating judicial procedure. A matter is accepted for proceedings if the hearing thereof is demanded at least by one justice of the Supreme Court.

(3) The Supreme Court shall also be the constitutional review court.

§ 27. Chief Justice of Supreme Court

(1) The Chief Justice of the Supreme Court shall be appointed by theRiigikoguon the proposal of the President of the Republic for nine years.

(2) The Chief Justice of the Supreme Court shall:

1)directand represent the Supreme Court;

2) make a proposal to theRiigikoguto appoint the justices of the Supreme Court to office;

3) exercise supervisory control prescribed by law;

4)performother duties arising from law and the internal rules of the court.

(3) Once a year, at the spring session of theRiigikogu, the Chief Justice of the Supreme Court shall present a review to theRiigikoguconcerning courts administration, administration of justice and the uniform application of law.

(4) In the absence of the Chief Justice of the Supreme Court or upon the termination of his or her authority as the Chief Justice of the Supreme Court, a justice of the Supreme Court designated by the Chief Justice shall perform the duties of the Chief Justice of the Supreme Court. If the Chief Justice of the Supreme Court has not designated an acting Chief Justice, the chairman of the Chamber specified in § 28 of this Act who is senior in the office of judge shall substitute for him or her, and where there is equal seniority in office, a chairman of a Chamber who is senior in age shall substitute for him or her.

(5) On the proposal of the President of the Republic, theRiigikogumay release the Chief Justice of the Supreme Court prematurely at the request of the Chief Justice of the Supreme Court. The Chief Justice of the Supreme Court shall notify the President of the Republic of his or her resignation from office at least four months in advance.

(29.01.2003 entered into force 15.03.2003 - RT I 2003, 21, 121)

(6) If the Chief Justice of the Supreme Court is unable to perform his or her duties for six consecutive months due to illness or for any other reason, the President of the Republic shall file a reasoned request with the Supreme Court to declare by a judgment that the Justice of the Supreme Court is unable to perform his or her duties. A judgment of the Supreme Courten bancshall release the Justice of the Supreme Court from office.

(7) If the Chief Justice of the Supreme Court is released from the office of judge, he or she shall also be released from the duties of the Chief Justice of the Supreme Court.

(8) Upon release of the Chief Justice of the Supreme Court from the duties of the Chief Justice of the Court, he or she shall retain the authority of a justice of the Supreme Court.

(9) No one shall be appointed as Chief Justice of the Supreme Court for two consecutive terms.

§ 28. Civil Chamber, Criminal Chamber and Administrative Chamber of Supreme Court

(1) The Supreme Court shall comprise the Civil Chamber, Criminal Chamber and Administrative Chamber.

(2) Each justice of the Supreme Court shall be a member of one Chamber. The Supreme Courten bancshall decide into which Chamber a justice of the Supreme Court belongs, as well as the procedure and terms for rotation between the Chambers.

(3) The Chief Justice of the Supreme Court has the right to involve, pursuant to the procedure prescribed by the internal rules of the Supreme Court, justices from different Chambers in the panel of the Court which hears a matter.

(4) The Supreme Courten bancshall appoint the chairman of a Chamber from among the members of the Chamber.

(5) The chairman of a Chamber shall perform duties arising from the internal rules of the Supreme Court.

§ 29. Constitutional Review Chamber

(1) The Supreme Court shall comprise the Constitutional Review Chamber which is comprised of nine justices of the Supreme Court.

(2) The Chief Justice of the Supreme Court shall be the chairman of the Constitutional Review Chamber. Other members of the Chamber shall be appointed by the Supreme Courten banc.

(3) The internal rules of the Supreme Court shall provide for the term of authority of the members of the Constitutional Review Chamber and the procedure for the substitution of members of the Constitutional Review Chamber.

§ 30. Supreme Courten banc

(1) The Supreme Court shall comprise the Supreme Courten banc, which is comprised of all justices of the Supreme Court.

(2) The Supreme Courten bancshall:

1)reviewdecisions on the bases provided by law;

2) make a proposal to the President of the Republic to appoint a judge to office or release a judge from office;

3)resolveappeals filed against the decisions of the judge’s examination committee;

4)resolveappeals filed against the decisions of the Disciplinary Chamber;

5) decide the commencement of disciplinary proceedings against the Chief Justice of the Supreme Court, and notify theRiigikoguthereof;

6)performother duties arising from law and the internal rules of the Supreme Court.

(3) The Supreme Courten bancis convened and chaired by the Chief Justice of the Supreme Court. In order to commence disciplinary proceedings against the Chief Justice of the Supreme Court, a justice who is senior in office shall convene and chair the Supreme Courten banc, and where there is equal seniority in office, a justice who is senior in age shall convene and chair the Supreme Courten banc.

(4) The Supreme Courten banchas a quorum if at least eleven justices are present. Thejudgementsof the Supreme Courten bancare adopted by the majority vote of the justices of the Supreme Court who are present. If the votes are divided equally, the Chief Justice of the Supreme Court shall cast the deciding vote.

(5) The Minister of Justice has the right to participate in the Supreme Courten banc, except in case where a court decision being reviewed. The Minister of Justice has the right to speak in the Supreme Courten banc. The Chief Justice of the Supreme Court may also invite to the Supreme Courten bancother persons to whom the Supreme Courten bancmay grant the right to speak.

§ 31. Law clerk

(1) A law clerk is an official of the Supreme Court whogeneralisesjudicial practice and participates in the preparation of cases for proceeding.

(2) The specific duties of a law clerk shall be determined in the internal rules of the Supreme Court.

(3) A person who has fulfilled an accredited law curriculum of academic studies may be appointed as law clerk.

§ 32. Remuneration for work performed by officers of the Supreme Court

The salaries of the court officers of the Supreme Court, the procedure for payment of additional remuneration, bonuses and benefits shall be determined by the Chief Justice of the Supreme Court within the limits of the budget of the Supreme Court.

§ 33. Internal rules of Supreme Court

(1) Theorganisationof work of the Supreme Court shall be prescribed in the internal rules of the Supreme Court approved by the Supreme Courten banc.

(2) The internal rules shall not include provisions concerning rules of court procedure.

(3) The internal procedure rules of the Supreme Court shall be established pursuant to the Public Service Act.

§ 34. Register of court decisions

(1) The register of court decisions is maintained in order to collect andsystemisedecisions of circuit courts and the Supreme Court and make decisions available to courts and the public.

(2) The Chief Justice of the Supreme Court shall establish the register of court decisions as a state agency database with the approval of the Minister of Justice. The Supreme Court shall maintain the register of court decisions and process data contained therein.

(3) The following shall submit data to the register:

1)theSupreme Court which submits the decisions of the Supreme Court;

2)circuitcourts which submit the decisions of the circuit courts.

(4) The procedure for the submission of decisions of circuit courts shall be established by a regulation of the Minister of Justice with the approval of the Supreme Court.

Chapter 5

Self-government and Division of Tasks of Judges

§ 35. Full court

(1) Every court shall comprise a full court which is comprised of all the judges of the court.

(2) A full court shall have a quorum if the majority of the judges are present.

(3) A full court is convened by the chairman of the court who is also the presiding judge of the full court.

(4) The decisions of the full court shall be adopted by the majority vote of judges who are present. If the votes are divided equally, the chairman of the court shall cast the deciding vote.

(5) The activities of the Supreme Courten bancis regulated by § 30 of this Act.

§ 36. Jurisdiction of full court

A full court shall:

1)approvethe division of tasks plan of judges;

2)providean opinion to the Minister of Justice on the appointment to office, and in cases provided by law, also on the release from office of the chairman of the court;

3)makerecommendations to the chairman of the court concerning the preparation of the draft budget of the court and the use of budget funds, and also on other issues related to theorganisationof work;

4)performother duties arising from law and the internal rules of the court.

§ 37. Division of tasks between judges

(1) The division of tasks between judges of courts of the first instance and courts of appeal shall be prescribed in the division of tasks plan.

(2) Tasks shall be divided between judges on the basis of the following principles:

1)eachmatter received by the court for hearing shall be divided between judges according to the division of tasks plan;

2)mattersshall be divided between judges at random and on bases determined in the division of tasks plan.

(3) The division of tasks plan shall prescribe the procedure for formation of court panels and for the substitution of judges.

(4) The division of tasks plan shall be approved for one calendar year. During a working year, the full court may amend the division of tasks plan only with good reason.

(5) Everyone can access the division of tasks plan in the court office.

§ 38. Courten banc

(1) The Courten bancis comprised of all Estonian judges.

(2) The Courten bancshall be convened every year on the second Friday of February. The extraordinary Courten bancmay be convened by the Minister of Justice or the Chief Justice of the Supreme Court.

(3) Courten bancshall:

1)hearreports by the Chief Justice of the Supreme Court and the Minister of Justice concerning the development of the legal and court system;

2) discuss problems of administration of justice and other issues concerning courts and the work of judges;

3)elect, pursuant to subsection 40 (1) of this Act, members and alternate members of the Council for Administration of Courts who are judges;

4)electfive circuit court judges and five judges of courts of first instance to participate in the adjudication of disciplinary matters in the Disciplinary Chamber of the Supreme Court;

5) elect members and alternate members of the judge’s examination committee who are judges;

6) elect members and alternate members of the assistant judge’s examination committee who are judges;

7) elect members and alternate members of the training committee who are judges;

8)electmembers and alternate members of the advocates’ professional suitability assessment committee, prosecutors' competition and evaluation committee and probation officer’s examination committee who are judges;

9)approvethe code of ethics of judges.

(4) The Courten bancshall be chaired by the Chief Justice of the Supreme Court unless the Courten bancdecides otherwise.

(5) The procedure of the Courten bancshall be established by a majority of votes of the judges participating in the Courten banc.

(6) The Ministry of Justice shallorganisethe clerical support to the Courten banc.

(7) The materials of the Courten bancshall be published.

Chapter 6

Administration of Courts; Training and Supervisory Control

§ 39. Administration of courts

(1) Courts of the first instance and courts of appeal are administered in co-operation between the Council for Administration of Courts and the Ministry of Justice. Courts shall perform court administration duties if so provided by law.

(2) The Minister of Justice may transfer the court administration duties which fall within his or her competence to a court.

(3) The Minister of Justice has no right of command or disciplinary authority over the judges.

(4) Administration of courts shall ensure:

1)thepossibility for independent administration of justice;

2)theworking conditions necessary for administration of justice;

3)adequatetraining of court officers;

4)theavailability of administration of justice.

§ 40. Council for Administration of Courts

(1) The Council for Administration of Courts (hereinafter Council) is comprised of the Chief Justice of the Supreme Court, five judges elected by the Courten bancfor three years, two members of theRiigikogu, a sworn advocate appointed by the Board of the Bar Association, the Chief Public Prosecutor or a public prosecutor appointed by him or her, and the Chancellor of Justice or a representative appointed by him or her. The Minister of Justice or a representative appointed by him or her shall participate in the Council with the right to speak.

(2) Council sessions shall be convened by the Chief Justice of the Supreme Court or by the Minister of Justice. The person who convenes a session shall also determine the agenda thereof. The Council shall be chaired by the Chief Justice of the Supreme Court.

(3) The Council has a quorum if more than half of its members are present. Decisions of the Council shall be made by a majority vote of the members present. The Council shall approve its rules of procedure at the first session. The Ministry of Justice shallorganisethe clerical support to the Council.

§ 41. Competence of Council for Administration of Courts

(1) The council grants approval for:

1)thedetermination of the territorial jurisdiction of courts (subsection 10 (1), subsection 18 (3));

2)thedetermination of the structure of courts (subsection 9 (4); subsection 18 (4); subsection 22 (7));

3)thedetermination of the exact location of courts (subsection 9 (3); subsection 18 (3); subsection 22 (6));

4)thedetermination of the number of judges in courts (§ 11; § 19; § 23);

5)theappointment to office and premature release of chairmen of courts (subsections 12 (1) and (5), subsections 20 (1) and (5); subsections 24 (1) and (5));

6)thedetermination of the number of lay judges (§14);

7)thedetermination of the internal rules of courts (subsection 33 (1); subsection 42 (1));

8)thedetermination of the number of candidates for judicial office (subsection 61 (6));

9)theappointment to office of candidates for judicial office (subsection 61));

10)thepayment of special additional remuneration to judges (subsection 76 (3)).

(2) The Council shall provide a preliminary opinion on the principles of the formation and amendment of annual budgets of courts.

(3) The Council shall:

1)providean opinion on the candidates for a vacant position of a justice of the Supreme Court (subsection 55 (4));

2) provide an opinion on the release of a judge (clauses 99 (1) 4)-8));

3) deliberate, in advance, the review to be presented to theRiigikoguby the Chief Justice of the Supreme Court concerning courts administration, administration of justice and the uniform application of law (subsection 27 (3));

4)discussother issues at the initiative of the Chief Justice of the Supreme Court or the Minister of Justice.

§ 42. Internal rules of courts

(1) The internalorganisationof work of courts of the first instance and courts of appeal shall be prescribed in the internal rules of the courts. The internal rules of a court shall be established by the chairman of the court with the approval of the full court. The internal rules of land registry departments, registration departments, probation supervision departments and court offices of county or city courts shall be established by the Minister of Justice.

(2) The internal rules shall prescribe:

1)theduties of court officers;

2)theduties of the chairman of the court and other judges arising from theorganisationof work of the court;

3)theoperations procedure of the court;

4)otherissues concerning the internalorganisationof work of the court.

(3) The internal rules shall not include provisions concerning rules of court procedure.

(4) The internal procedure rules and job descriptions of judicial institutions shall be established pursuant to the Public Service Act.

§ 43. Budget of court

(1) The Minister of Justice shall approve the budgets of courts of the first instance or courts of appeal within two weeks after the state budget is passed as an Act, considering the opinion formulated by the Council for Administration of Courts (subsection 41 (2)).

(2) A budget of a county or city court shall set out the expenditure for the performance of the function of administration of justice separately from the expenditure of the land registry departments, registration departments and probation supervision departments.

(3) During a budgetary year, the Minister of Justice may amend the budget expenditure of a court only with good reason after having considered the opinion of the chairman of the court and pursuant to the principles formulated by the Council for Administration of Courts.

(4) The budget of the Supreme Court shall be passed pursuant to the procedure provided for in the State Budget Act (RT I 1999, 55, 584; 2002, 67, 405; 2003, 13, 69).

§ 44. Training of judges

(1) The Training Council is responsible for the training of judges. The term of the authority of members of the Training Council shall be three years. The Training Council shall be comprised of two judges of a court of the first instance, two judges of a court of appeal, two justices of the Supreme Court, and a representative of the Prosecutor’s Office, the Minister of Justice and theUniversityofTartu. The Training Council shall approve its rules of procedure and elect the chairman. Support services shall be provided to the Training Council by a foundation established for the training of judges (hereinafter foundation).

(2) Training of judges shall be based on the strategies for training of judges, annual training programs and the program for judge’s examination to be approved by the Training Council. The foundation shall ascertain the training needs of judges, prepare the strategies for training, annual training programs and the program for judge’s examination (§ 66),analysetraining results, ensure the preparation of necessary study and methodological materials, assist in the preparation and selection of training providers, and prepare an annual review concerning the training of judges for the Training Council. The foundation shall submit an annual training program to the Training Council not later than by 15 August. Taking into consideration the training needs of judges and the state budget funds allocated for the training of judges, the Training Council shall approve the training program for judges not later than by 1 October.

(3) The Training Council shall annually determine a part of the training program, the completion of which to the extent determined by the Training Council is mandatory to judges.

(4) Judges participate in training on the basis of an annual training plan. The full court of a court shall approve the training plan for the court. Records of participation in training shall be kept concerning each judge in a court pursuant to the internal rules of the court. The chairman of a court shall monitor compliance with the training plan.

(5) The funds intended for the preparation of the training program of judges andorganisationof training shall be allocated in the budget of the Supreme Court.

§ 45. Supervisory control

(1) Supervisory control over the administration of justice pursuant to the requirements and over the performance of duties by judges shall be exercised by the chairman of the court. The chairman of a court has the right to demand explanations fromjudges,inspect compliance with the operations procedure and collect other necessary information. Chairmen of circuit courts shall also exercise supervisory control over judges of the courts of the first instance.

(2) The Minister of Justice shall exercise supervisory control over the performance of the duties by the chairmen of courts of first instance and chairmen of courts of appeal. The Minister of Justice may demand explanations from the chairman of a court concerning the administration of justice in a court pursuant to the requirements.

(3) Supervisory control over the area of activity of land registry departments, registration departments and probation supervision departments shall be exercised by the directors of administration and the Minister of Justice. The Minister of Justice shall exercise supervisory control over directors of administration. The Minister of Justice has the right to demand explanations from the employees of the departments mentioned above and from the directors of administration, to inspect compliance with the operations procedure and the budget and to collect other necessary information. The Minister of Justice shall establish the procedure for supervisory control.

§ 46. Reporting of courts

Courts of the first instance and courts of appeal shall submit a statistical report on cases to the Ministry of Justice. The Minister of Justice shall approve the standard format for reporting and the term for submission thereof.

Chapter 7

Appointment as Judge

§ 47. Requirements for judges

(1) An Estonian citizen who has fulfilled an accredited law curriculum of academic studies,has proficiency of the Estonian language at the advanced level, is of high moral character and has the abilities and personal characteristics necessary for working as a judge may be appointed as a judge.

(2) The following shall not be appointed as a judge:

1)aperson who is convicted of a criminal offence;

2)aperson who has been removed from the office of judge, notary or bailiff;

3)aperson expelled from the Estonian Bar Association;

4)aperson who has been released from the public service for a disciplinary offence;

5)abankrupt.

§ 48. Judge’s age

The maximum age of a judge is 67 years.

§ 49. Restrictions on holding office of judge

(1) Judges shall not be employed other than in the office of judge, except for teaching or research. A judge shall notify of his or her employment other than in the office to the chairman of the court. Employment other than in the office of judge shall not damage the performance of official duties of a judge or the independence of a judge upon administration of justice.

(2) A judge shall not be:

1)amember of theRiigikoguor member of a rural municipality or city council;

2)amember of a political party;

3)afounder, managing partner, member of the management board or supervisory board of a company, or director of a branch of a foreign company;

4)atrustee in bankruptcy, member of a bankruptcy committee or compulsory administrator of immovable;

5)anarbitrator chosen by the parties to a dispute.

§ 50. Judge of court of first instance

A person who has undergone judge’s preparatory service or is exemptedtherefromand has passed a judge’s examination may be appointed as a judge of a county or city court, or administrative court (county judge, city judge or administrative court judge).

§ 51. Judge of circuit court

A person who is an experienced andrecognisedlawyer and who has passed a judge's examination may be appointed as a judge of a circuit court (circuit court judge). A person who worked as a judge directly before appointment shall be exempted from the judge’s examination.

§ 52. Justice of Supreme Court

A person who is an experienced andrecognisedlawyer may be appointed as a justice of the Supreme Court (Supreme Court justice).

§ 53. Public competition

(1) Judges shall be appointed to office on the basis of a public competition.

(2) The Minister of Justice shall announce a public competition for a vacant position of judge of a county or city court, administrative court and circuit court.

(3) A competition for a vacant position of judge shall be announced in the official publicationAmetlikudTeadaanded3. An application shall be submitted to the Chief Justice of the Supreme Court within one month after the publication of the notice concerning the competition.

(4) If the vacant position of judge is filled pursuant to the procedure provided for in § 57 or § 58 of this Act, a competition shall not be announced.

§ 54. Assessment of suitability of the personal characteristics

(1) The suitability of the personal characteristics of a candidate for judicial office shall be assessed on the basis of an interview. The judge’s examination committee may consider also other information concerning the candidate for judicial office whichareimportant for the performance of the duties of a judge, make inquiries and ask for the opinion of the candidate’s supervisor.

(2) A candidate for judicial office must pass a security check before being appointed judge, for which he or she shall submit, through the judge’s examination committee, the form used to apply for an access permit to state secrets classified as top secret, and his or her consent for collection of information concerning him or her. The Security Police Board shall forward the information obtained as a result of the security check carried out pursuant to the State Secrets Act (RT I 1999, 16, 271; 82, 752; 2001, 7, 17; 93, 565; 100, 643; 2002, 53, 336; 57, 354; 63, 387; 2003, 13, 67) together with an opinion to the judge’s examination committee.

(3) The judge’s examination committee shall forward its decision and the documents specified in subsection (2) of this section to the Supreme Courten bancand notify the examinee thereof.

§ 541. Security check of Chief Justice of Supreme Court

(1) The candidate for Chief Justice of Supreme Court shall pass a security check before being appointed the Chief Justice of Supreme Court, except if he or she has a valid access permit in order to access state secrets classified as “top secret”.

(2) A person acquires the status of the candidate for Chief Justice of Supreme Court after the President of the Republic has proposed to the person to apply for the office and the person agrees to it in writing.

(3) The security check of the candidate for Chief Justice of Supreme Court shall be performed by the Security Police Board pursuant to the procedure provided for in the Surveillance Act (RT I 1994, 16, 290; 1995, 15, 173; 1996, 49, 955; 1997, 81, 1361; 93, 1557; 1998, 47, 698; 50, 753; 51, 756; 61, 981; 98/99, 1575; 101, 1663; 1999, 16, 271; 31, 425; 95, 845; 2000, 35, 222; 40, 251; 102, 671; 2001, 3, 9; 7, 17; 58, 353; 2002, 56, 350; 61, 375).

(4) In order to pass the security check, the candidate for Chief Justice of Supreme Court shall submit a completed form for an applicant for a permit to access state secrets classified as “top secret” to the Security Police Board through the Office of the President of the Republic, and also written consent which permits the agency which performs security checks to obtain information concerning the person from natural and legal persons and state and local government agencies and bodies during the performance of the security check.

(5) The Security Police Board shall, within three months as of receipt of the documents specified in subsection (4) of this section, present the information collected as a result of the security check to the President of the Republic and shall provide an opinion concerning the compliance of the candidate for Chief Justice of Supreme Court with the conditions for the issue of a permit for access to state secrets.

(6) In the cases where the authority of the Chief Justice of Supreme Court have terminated prematurely, the security check of the candidate for Chief Justice of Supreme Court shall be performed within one month after receipt of the documents specified in subsection (4) of this section. With the permission of the Committee for the Protection of State Secrets, the term for performing the security check may be extended by one month if circumstances specified in clause 30 (21) 1) or 2) of the State Secrets Act arise or if it is possible that circumstances specified in clause 30 (21) 3) or 4) of the State Secrets Act may arise within one month.

(29.01.2003 entered into force 15.03.2003 - RT I 2003, 21, 121)

§ 55. Appointment as judge

(1) Judges of a court of the first instance and judges of a court of appeal shall be appointed by the President of the Republic on the proposal of the Supreme Courten banc. The Supreme Courten bancshall first consider the opinion of the full court of the court for which the person runs as a candidate.

(2) If several persons run as candidates for the vacant position of judge, the Supreme Courten bancshall decide who to propose to the President of the Republic to be appointed to office as judge. The decision of the Supreme Courten bancshall be communicated to the candidate.

(3) A judge of a court of the first instance or a judge of the court of appeal appointed to office by the President of the Republic shall be appointed to court service by the Supreme Courten banc.

(4) Justices of the Supreme Court shall be appointed to office by theRiigikoguon the proposal of the Chief Justice of the Supreme Court. The Chief Justice of the Supreme Court shall first consider the opinion of the Supreme Courten bancconcerning a candidate.

§ 56. Judge’s oath of office

(1) Upon assuming office, a judge shall take the following oath:

“I swear to remain faithful to theRepublicofEstoniaand its constitutional order. I swear to administer justice according to my conscience and in conformity with the Constitution of theRepublicofEstoniaand other Acts.”

(2) Upon assuming office, the justices of the Supreme Court shall take the oath before theRiigikogu, and other judges shall take the oath before the President of the Republic.

§ 57. Transfer of judges

The Supreme Courten bancmay appoint a judge to office to another court of the same or a lower level with the consent of the judge and on the proposal of the Minister of Justice.

§ 58. Employment of judges in Supreme Court and Ministry of Justice

(1) A judge may be transferred to the service of the Supreme Court or the Ministry of Justice at his or her request and with the consent of the chairman of the court. During service in the Supreme Court or the Ministry of Justice, the authority of the judge shall be suspended. He or she shall however retain the judge’s salary and other guarantees during service in the Supreme Court or the Ministry of Justice.

(2) A judge may return to the same court to a vacant position of judge by giving at least one month’s advance notice thereof. The Supreme Courten bancmay appoint a judge who wishes to leave the service in the Supreme Court or the Ministry of Justice to another court of the same level or a lower level as a judge with his or her consent. If after leaving the service in the Supreme Court or the Ministry of Justice, a judge does not have the opportunity to return to his or her former position of judge, and he or she does not wish to be transferred to another court, the judge shall retain the judge’s salary and other guarantees during one year.

§ 59. Service record of judge

(1) A service record shall be maintained with regard to a judgewhichsets out:

1)hisor her name and personal identification code of the judge;

2)hisor her date and place of birth;

3)hisor her residence;

4)hisor her marital status;

5)informationconcerning his or her education in law and academic degree;

6)thedate on which he or she takes the oath of office;

7)hisor her career;

8)hisor her holidays;

9)decisionsof the Disciplinary Chamber and the date of expiry of the punishment.

(2) The Minister of Justice shallorganisethe maintenance of service records of judges of county and city courts, administrative courts and circuit courts.

(3) The Chief Justice of the Supreme Court shallorganisethe maintenance of service records of justices of the Supreme Court.

(4) At the request of a judge who is leaving the service, he or she shall be given a copy of his or her service record.

§ 60. Personal file of judge

(1) A personal file shall be maintained with regard to a judgewhichcontains:

1)acopy of the document certifying education in law and an academic degree;

2)thedecision of the judge’s examination committee;

3)acopy of the identity card;

4)thedecision of appointment as a judge;

5)decisionsof the Disciplinary Chamber;

6)thedecision of release or removal of judge from office.

(2) Other documents which reflect the professional activity of the judge may be added to the personal file.

(3) The Minister of Justice shallorganisethe maintenance of the personal files of judges of county and city courts, administrative courts and circuit courts.

(4) The Chief Justice of the Supreme Court shallorganisethe maintenance of the personal files of justices of the Supreme Court.

Chapter 8

Preparatory Service for Judges

§ 61. Candidate for judicial office

(1) A person who complies with the requirements set for judges may be appointed as a candidate for judicial office.

(2) The Minister of Justice shall announce a public competition for a position of a candidate for judicial office in the official publicationAmetlikudTeadaanded. Applications shall be submitted to the Minister of Justice within one month after the publication of the notice concerning the competition.

(3) The Minister of Justice shall appoint the candidates for judicial office to office on the proposal of the judge’s examination committee with the approval of the Council for Administration of Courts. The judge’s examination committee shall assess the legal knowledge of the applicants beforehand and conduct an interview with the applicants.

(4) A candidate for judicial office shall undergo preparatory service.

(5) The salary of a candidate for judicial office shall be the salary rate at the highest level of the salary scale for state public servants multiplied by a coefficient of 0.8.

(6) The Minister of Justice shall determine the number of candidates for judicial office.

§ 62. Preparatory service

(1) During preparatory service, a candidate for judicial office shall be prepared for the office of judge.

(2) A candidate for judicial office shall undergo preparatory service in the court of first instance where the judge supervising the candidate for judicial office works. A part of the preparatory service shall be carried out in other courts so that the candidate for judicial office would have undergone preparatory service in a county or city court, an administrative court and a circuit court. A part of the preparatory service may also be carried out in the Supreme Court, the Prosecutor's Office or the Bar Association, or in executive branch state agencies, or local government agencies.

(3) The Minister of justice shall approve the preparatory service plan of the candidate for judicial office on the proposal of the judge’s examination committee.

(4) The duration of preparatory service shall be two years.

(5) Upon expiry of the term of preparatory service of a candidate for judicial office, the service relationship of a candidate for judicial office shall be terminated.

(6) If a candidate for judicial office does not pass a judge’s examination during preparatory service, the preparatory service shall continue until the judge’s examination is passed or the service relationship is terminated pursuant to subsection 67 (3) of this Act.

§ 63.Organisationof preparatory service

(1) The Minister of Justice shall, on the proposal of the judge’s examination committee, appoint a judge who supervises the candidate for judicial office.

(2) The purpose of preparatory service is to provide a candidate for judicial office with the necessary knowledge and experience, and to determine whether the candidate for judicial office is suited for the position of judge by his or her personal characteristics. A candidate for judicial office shall be involved in the preparation of cases and he or she may perform the duties of a clerk of a court session and of a law clerk.

(3) At the request of a candidate for judicial office, he or she shall be granted a paid study leave for thirty calendar days in order to prepare for the judge’s examination.

§ 64. Exemption from preparatory service and reduction of term thereof

(1) A person who has been employed as a judge or who, for at least two years immediately before running as a candidate,has worked as a sworn advocate or prosecutor may be exempted from preparatory service or the person’s term of service may be reduced by a reasoned decision of the judge’s examination committee.

(2) The judge’s examination committee may reduce the preparatory service of a person if the person has been employed for at least two years as a senior clerk or clerk of a sworn advocate, assistant prosecutor or in any other position which requires high qualification in law.

§ 65. Report of candidate for judicial office

(1) A candidate for judicial office shall, at the end of every six months of a year of preparatory service and at the end of preparatory service, submit a written report on the preparatory service to the chairman of the court and to the judge supervising the candidate.

(2) A judge supervising a candidate for judicial office shall, at the end of every six months of a year of preparatory service, and at the end of preparatory service, submit a written opinion on the results of preparatory service of a judge to the chairman of the court.

(3) The chairman of a court shall send the documents specified in subsections (1) and (2) of this section together with his or her opinion to the judge’s examination committee and the Ministry of Justice.

(4) The judge’s examination committee shall provide an opinion with regard to each candidate for judicial office on the continuation of the preparatory service or the completion of the preparatory service by the candidate. The Minister of Justice shall release a candidate for judicial office from office on the proposal of the judge’s examination committee.

§ 66. Judge’s examination

(1) A judge’s examination shall consist of an oral and a written part.

(2) The oral part of a judge’s examination means the assessment of the theoretical knowledge of a candidate for judicial office.

(3) The written part of a judge’s examination means case analysis.

§ 67. Taking of judge’s examination

(1) A candidate for judicial office shall take a judge’s examination during preparatory service but not earlier than four months before the end of preparatory service. Persons who may be exempted from preparatory service pursuant to subsection 64 (1) of this Act may submit an application to this effect to the judge’s examination committee. If a person is exempted from preparatory service, the judge’s examination committee shall set a date for the examination.

(2) If a candidate for judicial office does not pass the examination during preparatory service, he or she shall take a re-examination. In such case, the preparatory service shall be extended until the re-examination but for not longer than six months.

(3) It is not allowed to re-take a re-examination. If a re-examination is not passed, the service relationship with a candidate for judicial office shall be terminated.

(4) The judge’s examination committee shall determine the time and place of a judge’s examination.

(5) If a person has not been appointed as a judge within five years after passing the judge’s examination, he or she shall re-pass the examination in order to be appointed as a judge. He or she is not required to undergo preparatory service anew.

§ 68. Assessment of examination results

(1) The results of the parts of a judge’s examination shall be evaluated with grades from zero to ten. The oral and written part of the examination shall be evaluated separately.

(2) The grade of the examination committee is the arithmetical average of the grades given by the committee members which is rounded to a whole number.

(3) The examination is deemed to be passed if the average grade for the oral as well as the written part of the examination is not lower than five.

§ 69. Judge’s examination committee

(1) The judge’s examination committee shall have ten members and be formed for five years.

(2) The judge’s examination committee shall be comprised of two judges of the court of first instance elected by the Courten banc, two circuit court judges, two justices of the Supreme Court, one jurist designated by the council of the Law Faculty of the University ofTartu, a representative of the Ministry of Justice designated by the Minister of Justice, a sworn advocate designated by the leadership of the Bar Association and a public prosecutor designated by the Chief Public Prosecutor.

(3) In order to hold the examination, the chairman of the judge’s examination committee shall form a panel comprising of at least five members, three of whom shall be judges.

(4) The judge’s examination committee shall approve the rules of procedure of the judge’s examination committee.

(5) The Supreme Court shallorganisethe clerical support to the judge’s examination committee.

Chapter 9

Duties of Judges

§ 70. General duties

(1) A judge shall perform his or her official duties in an impartial manner and without self-interest and shall comply with service interests also outside service.

(2) A judge shall behave impeccably in service and outside service and refrain from acts which may damage the reputation of court.

§ 71. Duty of confidentiality

(1) A judge shall not disclose information which becomes known to him orherat a court session heldin camera.

(2) A judge may disclose facts to which the duty of confidentiality applies in judicial proceedings or pre-trial procedure in criminal matters only with the permission of the Supreme Courten banc.

(3) In order to obtain the permission specified in subsection (2) of this section, the court or investigative agency conducting the proceeding or a judge bound by the duty of confidentiality may address the Supreme Courten banc.

(4) The duty of confidentiality applies for an unspecified term and remains in force also after termination of the service relationship.

§ 72. Duty of confidentiality of deliberations

(1) A judge shall not disclose discussions which take place at the time the decision is made.

(2) The duty of confidentiality of deliberations applies for an unspecified term and remains in force also after termination of the service relationship.

§ 73. Duty to supervise

Judges shall supervise candidates for judicial office, candidates for assistant judge and university student trainees in preparatory service. No judge is required to supervise more than two candidates for judicial office or for assistant judge or university student trainees at a time.

§ 74. Professional development

A judge is required to develop knowledge and skills of his or herspecialityon a regular basis and to participate in training.

Chapter 10

Social Guarantees for Judges

§ 75. Judge’s salary

A judge’s salary is provided by the Salaries of State Public Servants Appointed byRiigikoguor President of the Republic Act (RT I 1996, 81, 1448; 1999, 29, 406; 2000, 55, 359; 2002, 21, 117; 64, 390).

§ 76. Additional remuneration of judges

(1) In addition to a salary, judges shall receive additional remuneration for years of service as follows:

1)asof the fifth year in employment as a judge – 5 per cent of the salary;

2)asof the tenth year in employment as a judge – 10 per cent of the salary;

3)asof the fifteenth year in employment as a judge – 15 per cent of the salary.

(2) A chairman of the court of the first instance or court of appeal shall receive additional remuneration in the amount of 15 per cent of his or her salary for the performance of the duties of chairman of the court. If at least fifteen judges are employed in a court of the first instance, the amount of remuneration received by the chairman of the court shall be 25 per cent of his or her salary.

(3) The Minister of Justice may grant additional remuneration to a judge who is appointed to service to another geographical area in the interests of administration of justice in the amount of 15 per cent of the salary of a judge.

(4) Judges supervising candidates for judicial office, candidates for assistant judge or university student trainees shall receive additional remuneration for supervision equal to 5 per cent of the salary for each supervised person during supervision.

(5) The salary of a judge together with the additional remuneration prescribed in subsection (1) of this section shall not be higher than the salary of a judge of a higher court. The salary of a justice of the Supreme Court together with the additional remuneration prescribed in subsection (1) of this section shall not be higher than the salary of the Chief Justice of the Supreme Court.

§ 77. Judge’s pension

(1) The following are judge’s pensions:

1)judge’sold-age pension;

2)judge’ssuperannuated pension;

3)judge’spension for incapacity for work;

4)survivor’spension for judge’s family members.

(2) A judge’s pension shall not be paid during employment as a judge. If a retired judge is employed elsewhere, he or she shall receive the judge’s pension in full regardless of the amount of the earnings.

(3) A judge’s pension shall not be granted to a person who has been removed from office for a disciplinary offence or who has been convicted of an intentionally committed criminal offence. A judge’s pension shall be withdrawn from a person who is convicted of a criminal offence directed against the administration of justice.

(4) A judge’s pension shall not be increased on the bases provided for in the Public Service Act.

(5) In cases not provided for in this Act, the provisions concerning state pensions provided by law apply to judge’s pension. The portion of a judge’s pension which exceeds state pension or is not covered by state pension shall be paid from additional state budget funds.

§ 78. Judge’s old-age pension

(1) A person who has been employed as a judge for at least fifteen years has the right to receive a judge’s old-age pension when he or she attains thepensionableage.

(2) The right to receive a judge’s old-age pension arises for a person who after fifteen years of employment as a judge loses his or her capacity for work if the percentage of the loss of his or her capacity for work is 100, 90 or 80, also if he or she has not attained thepensionableage. The right to receive a judge’s old-age pension arises to a person who has attained thepensionableage and loses his or her capacity for work after ten years of employment as a judge if the percentage of the loss of his or her capacity for work is 100, 90 or 80.

(3) The amount of a judge’s old-age pension shall be 75 per cent of his or her last salary.

(4) The Chief Justice of the Supreme Court or a person who has worked as the Chief Justice of the Supreme Court has the right, after attaining thepensionableage, to receive a judge’s old age pension in the amount of 75 per cent of the salary of the Chief Justice of the Supreme Court if the person has worked as the Chief Justice of the Supreme Court for at least seven years, and in the amount of 50 per cent of the salary of the Chief Justice of the Supreme Court if the person has worked as the Chief Justice of the Supreme Court for less than seven years.

(5) If a judge attainspensionableage after leaving the office of judge, his or her judge’s pension shall be calculated from the judge’s salary in the court instance where the person was last employed as a judge valid at the time of grant of the pension.

§ 79. Judge’s superannuated pension

The right to receive a superannuated pension arises for a judge who has been employed as judge for at least 30 years, in the amount of 75 per cent of his or her last salary.

§ 80. Judge’s pension for incapacity for work

(1) A judge who becomes permanently incapacitated for work during his or her employment as judge has the right to receive a judge’s pension for incapacity for work.

(2) The amount of a judge’s pension for incapacity for work is:

1) 75 per cent of the last salary of the judge in the case of a 100 per cent loss of capacity for work;

2) 70 per cent of the last salary of the judge in the case ofa80 or 90 per cent loss of capacity for work;

3) 30 per cent of the last salary of the judge in the case of a 40 to 70 per cent loss of capacity for work.

§ 81. Survivor’s pension for judge’s family member

Upon the death of a judge, each family member of the judge who has the right to receive survivor's pension shall receive a survivor’s pension in the amount of 30 per cent of the judge’s last salary but not for more than a total of 70 per cent of the judge’s last salary.

§ 82. Change in amount of pension

(1) A judge’s pension shall be recalculated upon a change in the amount of the salary payable for the position according to which the judge’s pension has been calculated.

(2) In the case specified in subsection (1) of this section, a pension shall be recalculated as of the date on which the amount of the salary of a judge changes.

§ 83. Allowance upon death of judge

If a judge is killed as a result of a criminal attack while he or she is performing his or her duties of service, the family members of the judge who were maintained by him or her shall be paid a one-time benefit to the extent of five years’ salary of the deceased judge.

§ 84. Judge’s holiday

(1) Judges have the right to receive an annual holiday.

(2) The duration of a holiday of a judge of the court of the first instance or a court of appeal is forty nine calendar days and the duration of a holiday of a justice of the Supreme Court is fifty six calendar days.

(3) A judge has no right to the additional holiday provided for in the Public Service Act.

(4) The chairman of the court shall approve the holiday schedule of judges.

(5) An extraordinary holiday for up to one year without pay may be granted to a justice of the Supreme Court by the Chief Justice of the Supreme Court, and to a judge of a court of first instance or a court of appeal by the Minister of Justice with the consent of the full court of the court where the judge is employed.

§ 85. Official attire of judge

(1) Judges shall wear robes as official attire at court sessions.

(2) The state shall give the robes to judges without charge.

(3) The Minister of Justice shall approve the description of the robes.

§ 86. Other social guarantees

(1) A judge who is released from office due to liquidation of the court or reduction of the number of judges shall be paid the six months' salary of his or her last position.

(2) The chairman of a court who after being released from the position of the chairman of the court resumes work as a judge shall not be paid compensation.

(3) If a judge of a higher court is appointed, due to liquidation of the court or reduction of the number of judges, as a judge of a lower court with his or her consent, he or she shall retain the salary of the previous position together with additional remuneration during one year.

(4) The Commander of theDefenceForces shall concord the conscription of judges into active service in thedefenceforces and the calling up of judges for training exercises of thedefenceforces with the Council for Administration of Courts.

Chapter 11

Disciplinary Liability of Judges

§ 87. Bases for imposing disciplinary punishment

(1) A disciplinary punishment may be imposed on a judge for a disciplinary offence.

(2) A disciplinary offence is a wrongful act of a judge which consists of failure to perform or inappropriate performance of official duties. An indecent act of a judge is also a disciplinary offence.

§ 88. Disciplinary punishments

(1) The following are disciplinary punishments:

1)areprimand;

2)afine in an amount of up to one month’s salary;

3)areduction in salary;

4)removalfrom office.

(2) If a retired judge does not comply with the duty of confidentiality or the duty of confidentiality of deliberations, his or her judge’s pension may be reduced by not more than 25 per cent as a disciplinary punishment. The pension shall not be reduced for longer than one year.

(3) Only one disciplinary punishment may be imposed on a judge for one and the same offence. A criminal punishment or a punishment for amisdemeanourimposed for the same act does not preclude the imposition of disciplinary punishment.

(4) Upon imposition of disciplinary punishment, the nature, gravity and consequences of the disciplinary offence, also the personal characteristics of the judge and other circumstances related to the offence shall be considered.

(5) A disciplinary punishment imposed on a judge shall be entered on his or her service record.

(6) A disciplinary sanction shall expire if the judge does not commit a new disciplinary offence within one year after the entry into force of the decision of the Disciplinary Chamber. The Disciplinary Chamber may also cancel a disciplinary punishment before the prescribed time.

§ 89. Reduction of salary

As a disciplinary punishment, a judge’s salary may be reduced by not more than 30 per cent. The salary shall not be reduced for longer than one year.

§ 90. Expiry of disciplinary offence

(1) Disciplinary proceedings shall not be commenced if more than one year has passed from the commission of the disciplinary offence or more than six months have passed from the discovery thereof.

(2) The term provided for in subsection (1) of this section shall be suspended:

1)untilthe termination of the criminal proceedings commenced against an act of a judge;

2)duringthe time that the judge is temporarily incapacitated for work and during the holidays of the judge.

§ 91. Commencement of disciplinary proceedings

(1) Disciplinary proceedings shall be commenced if elements of a disciplinary offence become evident. Disciplinary proceedings are commenced by preparation of disciplinary charges.

(2) The following have the right to commence disciplinary proceedings:

1)theChief Justice of the Supreme Court, against all judges;

2)theChancellor of Justice, against all judges;

3)thechairman of a circuit court, against judges of courts of first instance in his territorial jurisdiction.

4)thechairman of a court, against the judges of the same court;

5)theSupreme Courten bancagainst the Chief Justice of the Supreme Court.

(3) A person who commences a disciplinary proceeding may gather evidence and demand explanations which are necessary to adjudicate the disciplinary matter.

§ 92. Disciplinary charge

(1) A disciplinary charge is a written document, which sets out:

1)thename and position of the accused;

2)thedescription and time of commission of the offence;

3)theevidence proving commission of the offence;

4)thename of the person who commences a disciplinary proceeding, and the date and place of the preparation of the charge.

(2) The person who commences a disciplinary procedure shall forward the disciplinary charges and the related material to the Disciplinary Chamber, which shall immediately notify the judge against whom the disciplinary proceeding is commenced thereof.

(3) A judge against whom a disciplinary proceeding is commenced shall be served the disciplinary charges at least ten days before the session of the Disciplinary Chamber. The judge or his or her representative has the right to examine the materials of the disciplinary charge.

§ 93. Disciplinary Chamber

(1) For the adjudication of disciplinary matters of judges, the Supreme Court shall comprise the Disciplinary Chamber which is comprised of five justices of the Supreme Court, five circuit court judges and five judges of courts of the first instance.

(2) The Supreme Courten bancshall appoint, for the term of three years, the chairman of the Disciplinary Chamber and other members of the Disciplinary Chamber who are justices of the Supreme Court.

(3) The internal rules of the Supreme Court shall prescribe the procedure for the substitution of members of the Disciplinary Chamber who are justices of the Supreme Court.

(4) Pursuant to the internal rules, the Supreme Court shall involve judges of courts of the first instance and judges of courts of appeal elected on the basis of clause 38 (3) 4) of this Act in the adjudication of disciplinary matters.

(5) For the adjudication of a disciplinary matter of a judge, the chairman of the Disciplinary Chamber shall form a five-member panel consisting of three members of the Disciplinary Chamber who are justices of the Supreme Court, one judge of a circuit court and one judge of a court of first instance.

§ 94. Hearing of disciplinary matter

(1) The Disciplinary Chamber of the Supreme Court shall hear matters of disciplinary offences of judges and impose disciplinary punishments to judges.

(2) A five-member panel of the Disciplinary Chamber shall hear a disciplinary matter at a court session.

(3) Upon hearing of a disciplinary matter, the chairman of the Disciplinary Chamber is the presiding judge. If the chairman of the Disciplinary Chamber does not participate in the hearing of a matter, he or she shall appoint a member of the Chamber as the presiding judge.

§ 95. Temporary removal from service

(1) The Disciplinary Chamber may remove a judge from service during the hearing of a disciplinary matter by a ruling of which the Chamber shall immediately notify the judge. Upon deciding the removal from service, the Chamber shall consider the nature and gravity of the disciplinary offence of which a judge is accused.

(2) If circumstances related to a judge exist which significantly damage the reputation of the court, the Disciplinary Chamber may remove the judge from service until the commencement of disciplinary proceedings is decided. If it is established that no basis exists for the commencement of disciplinary proceedings against the judge, the judge may resume service on a decision of the Disciplinary Chamber.

(3) The Disciplinary Chamber may decide the removal of a judge from service without holding a court session.

(4) If the Disciplinary Chamber removes a judge from service during the hearing of a disciplinary matter, the Chamber may reduce the judge’s salary for such period. The salary shall be reduced by not more than a half.

(5) The chairman of the court may assign duties other than the administration of justice to a judge who is temporarily removed from service.

(6) A judge may file an appeal to the Supreme Courten bancagainst a ruling by which the judge is temporarily removed from service or his or her salary is reduced within ten days after the judge becomes aware of the ruling.

§ 96. Session of Disciplinary Chamber

(1) The judge whose disciplinary offence is heard shall be summoned to the session of the Disciplinary Chamber. The judge may have a representative. If necessary, witnesses and other persons may be summoned to the session.

(2) At the session of the Disciplinary Chamber, the presiding judge shall make a report on the offence in which he or she introduces the disciplinary charge.

(3) The judge, against whom the disciplinary charge is brought, shall give statements with regard to the matter, and the statements from witnesses and other persons present at the session shall be heard. Members of the Disciplinary Chamber may question the judge against whom the charge is brought, the witnesses and other persons summoned to the session.

(4) After examination of the evidence, the judge whose disciplinary matter is heard has the right to express his or her opinion with regard to the matter.

(5) Minutes shall be taken of sessions of the Disciplinary Chamber.

§ 97. Decisions of Disciplinary Chamber

(1) If the culpability of a judge is proved, the Disciplinary Chamber shall make a decision by which the judge is convicted of the commission of a disciplinary offence and a disciplinary punishment is imposed on the judge.

(2) If the judge has not committed a disciplinary offence, the Disciplinary Chamber shall make a decision by which the judge is acquitted of the disciplinary charge.

(3) A judge on whom a disciplinary punishment is imposed may file an appeal to the Supreme Courten bancwithin thirty days after the decision is pronounced.

(4) If the judge has not filed an appeal to the Supreme Courten banc, the decision of the Disciplinary Chamber shall enter into force after the expiry of the term specified in subsection (3) of this section. If an appeal is filed, the decision of the Disciplinary Chamber shall enter into force after the decision of the Supreme Courten bancis pronounced.

§ 98. Reimbursement of reduced portion of salary

(1) If a judge is acquitted of a disciplinary charge, the reduced portion of salary related to the temporary removal from service and the interest provided by law shall be paid to the judge.

(2) If the Disciplinary Chamber convicts a judge of the commission of a disciplinary offence which is considerably less serious than the act against which charge was brought against the judge and for which he or she was temporarily removed from service, the Chamber may decide that the reduced portion of salary shall be reimbursed to the judge in part or in full.

(3) On the bases specified in subsections (1) and (2) of this section, the reduced portion of salary shall be paid to the judge within one month after termination of the disciplinary proceedings or entry into force of the decision of the Disciplinary Chamber.

Chapter 12

Release and Removal of Judges from Office

§ 99. Release of judges from office

(1) A judge shall be released from office:

1)atthe request of the judge;

2)ifthe judge has attained 68 years of age;

3)dueto unsuitability for office – within three years after appointment to office;

4)dueto health reasons which hinders work as a judge;

5)uponliquidation of the court or reduction of the number of judges;

6)ifafter leaving the service in the Supreme Court or the Ministry of Justice, a judge does not have the opportunity to return to his or her former position of judge, and he or she does not wish to be transferred to another court;

7)ifa judge is appointed or elected to the position or office which is not in accordance with the restrictions on services of judges;

8)iffacts become evident which according to law preclude the appointment of the person as a judge.

(2) Judges of a court of the first instance and judges of a court of appeal shall be released from office by the President of the Republic, on the proposal of the Chief Justice of the Supreme Court.

(3) The Chief justice of the Supreme Court shall be released from office by theRiigikoguon the proposal of the President of the Republic except in the case provided in subsection 27 (6) of this Act. The other justices of the Supreme Court shall be released from office by theRiigikoguon the proposal of the Chief Justice of the Supreme Court.

§ 100. Release from office due to unsuitability

(1) A person may be released from the office of judge due to unsuitability for office only within three years after appointment to office if the judge has been declared unsuitable for office by a decision of the Supreme Courten banc.

(2) Once a year, chairmen of courts shall submit their opinion concerning judges of less than three years length of service employed in the corresponding courts to the judge’s examination committee. The standard format for submission of opinion shall be established by the judge’s examination committee.

(3) Upon assessment of suitability for the office of judge, the Supreme Courten bancshall consider the proposal of a person or body entitled to commence disciplinary proceedings, the opinion of the judge’s examination committee and other informationcharacterisingthe work of the judge.

(4) The judge’s examination committee shall hold a session where the judge whose suitability is assessed is heard.

(5) At least ten days before the suitability of a judge is discussed at a session of the Supreme Courten banc, a reasoned proposal of a person or body entitled to commence disciplinary proceedings to release the judge from office and the opinion of the judge’s examination committee shall be presented to the judge whose suitability for office is assessed, and he or she is allowed to examine the gathered materials.

§ 101. Removal of judges from office

Ajudgein respect of whom a conviction by a court for a criminal offence or a decision of the Disciplinary Chamber of the Supreme Court to remove the judge from office has entered into force, is deemed to be removed from office as of the date on which the conviction or decision enters into force.

Chapter 13

Lay Judges

§ 102. Participation of lay judges in administration of justice

(1) Lay judges shall participate in the administration of justice in county and city courts on the bases and pursuant to the procedure provided by the Codes of procedure.

(2) In administration of justice, a lay judge has equal rights with a judge.

§ 103. Requirements for lay judges

(1) An Estonian citizen with active legal capacity from 25 to 70 years of age who resides inEstonia, has proficiency of the Estonian language at the advanced level, and is of suitable moral character for the activity of a lay judge may be appointed as a lay judge.

(2) The following shall not be appointed as a lay judge:

1)aperson who is convicted of a criminal offence;

2)abankrupt;

3)aperson who is not suited due to his or her state of health;

4) a person who has permanent residence, that is the residence the address details of which have been entered in the population register, of less than one year within the territory of the local government which presents the person as a candidate for lay judge;

5)aperson who is in service in a court, prosecutor’s office or the police;

6)aperson who is in service in the armed forces;

7)anadvocate, a notary or a bailiff;

8)amember of the Government of the Republic;

9)amember of a rural municipality or city government;

10)thePresident of the Republic;

11)amember of theRiigikogu;

12)acounty governor.

(3) A person who is accused of a criminal offence shall not be appointed as a lay judge during the criminal proceedings.

§ 104. Term of authority of lay judge

(1) Lay judges shall be appointed for four years.

(2) A person shall not be appointed as lay judge for more than two consecutive terms.

(3) The chairman of a county or city court shall notify the local government council of the termination of the term of the authority of a lay judge for at least four months before the termination of the authority.

(4) If the authority of a lay judge terminates during a judicial proceeding, he or she shall continue the performance his or her duties until the adjudication of the matter in the court.

§ 105. Premature termination of authority of lay judge

(1) The authority of a lay judge shall be terminated if a fact specified in subsection 103 (2) of this Act becomes evident. The authority of a lay judge may be terminated on the basis of his or her request with good reason.

(2) The committee specified in § 108 of this Act shall decide the premature termination of authority of a lay judge on the proposal of the chairman of a county or city court.

§ 106. Procedure for election of candidate for lay judge

(1) Each member of a local government council may present candidates for lay judge.

(2) A local government council shall elect the candidates for lay judge.

(3) The chairman of a county or city court shall determine how many candidates for lay judge each local government council within the territorial jurisdiction of the court shall present. The number of candidates for lay judge shall be proportional to the ratio of the number of residents in the territory of the local government and the number of residents in the territorial jurisdiction of the court.

§ 107. List of candidates for lay judge

(1) A local government council shall submit a list of candidates for lay judges to a county or city court at least two months before termination of the authority of lay judges. The list shall set out the name, personal identification code, address, place of employment and position or area of activity of a candidate for lay judge.

(2) The list of candidates for lay judge shall be published in the official publicationAmetlikudTeadaandedat least two months before termination of the authority of lay judges appointed earlier. A local government council shall submit the list for publication.

(3) The name, place of employment, and position or area of activity of a candidate for lay judge shall be published.

(4) Everyone has the right to contest the appointment of a candidate for lay judge as a lay judge in the committee for appointment of lay judges of a county or city court.

(5) A notice concerning the right and procedure for contestation shall be published together with the list of candidates for lay judge in the official publicationAmetlikudTeadaanded.

§ 108. Appointment of lay judges

(1) Lay judges shall be appointed to office from among candidates for lay judges by the committee for appointment of candidates for lay judge, the membership of which shall be approved by the chairman of the court.

(2) The committee for appointment of candidates for lay judge shall comprise the chairman of the county or city court, one judge elected by the full court and one member of the local government council elected by the council from each local government of the territorial jurisdiction of the court. The chairman of the court shall be the chairman of the committee.

(3) The committee has a quorum if over one-half of the committee members are present, including the chairman of the committee. The committee shall make a decision by a majority of votes of the members who are present.

(4) The committee shall appoint as lay judges a specified number of persons determined for such court from among the candidates for lay judges.

(5) Upon appointment of lay judges, the committee shall consider the suitability of acandidate,the reasoned objections filed against a candidate, and follow the principle that lay judges shall be persons of different sex and age, from different social groups and operating in different areas of activity.

§ 109. Lay judge’s oath of office

A lay judge shall take the following oath before the full court:

“I swear to remain faithful to theRepublicofEstoniaand its constitutional order. I swear to administer justice according to my conscience and in conformity with the Constitution of theRepublicofEstoniaand other Acts.”

§ 110. Participation of lay judges in administration of justice

(1) Lay judges shall be involved in courts to participate in the administration of justice such that lay judges participate in the administration of justice equally to the extent possible.

(2) If a lay judge cannot participate in a court session, another lay judge shall be involved in the session.

§ 111. Duties of lay judges

(1) A lay judge involved in the administration of justice is required to appear at the court session.

(2) If a lay judge cannot participate in the court session with good reason, he or she shall immediately notify the court thereof.

(3) The duties listed in §§ 70–72 of this Act apply to lay judges.

(4) Criminal charges may be brought against a lay judge during his or her term of office only with the consent of the chairman of the county or city court of his or her territorial jurisdiction.

§ 112. Payment of remuneration to lay judges

(1) The remuneration of a lay judge per each day on which the lay judge participates in the administration of justice shall be the salary rate at the highest level of the salary scale for state public servants multiplied by a coefficient of 0.024.

(2) The expenses related to participation in the administration of justice shall be reimbursed to lay judges.

(3) An employer shall exempt a lay judge from work for the time of his or her participation in the administration of justice.

(4) The Minister of Justice shall establish a procedure for payment of remuneration to lay judges.

§ 113. Pension of lay judges

(1) If a person becomes disabled during the performance of the duties of a lay judge as a result of a criminal attack, his or her state disability pension shall be increased by 20 per cent in the case of a 100 per cent loss of capacity for work, by 15 per cent in the case of a 80 or 90 per cent loss of capacity for work and by 10 per cent in the case of a 40–70 per cent loss of capacity for work.

(2) If a person is killed in the performance of the duties of a lay judge as a result of a criminal attack against him or her, the state survivor’s pension paid to each family member who is incapacitated for work and was maintained by the lay judge shall be increased by 20 per cent.

(3) The portion of a lay judge’s pension which exceeds state pension or is not covered by state pension shall be paid from additional state budget funds.

Chapter 14

Assistant Judges

§ 114. Legal status of assistant judges

(1) An assistant judge is a court official who performs the duties specified by law.

(2) Upon performance of his or her duties, an assistant judge is independent but shall comply with the instructions of a judge to the extent prescribed by law.

§ 115. Requirements for assistant judges

(1) An Estonian citizen who has attained at least 21 years of age, resides in Estonia, who has fulfilled an accredited law curriculum of academic studies or who has acquired the professional education of assistant judge at an institution of applied higher education, has proficiency of the Estonian language at the advanced level and has undergone assistant judge’s preparatory service and passed an assistant judge’s examination may be appointed as an assistant judge.

(2) A person who has not undergone assistant judge’s preparatory service, but who has undergone judge’s preparatory service or is exemptedtherefromand has passed an assistant judge’s or judge’s examination may also be appointed as an assistant judge.

(3) The following shall not be appointed as an assistant judge:

1)aperson who is convicted of a criminal offence;

2)aperson who has been removed from the office of judge, notary or bailiff;

3)aperson expelled from the Estonian Bar Association;

4)aperson who has been released from the public service for a disciplinary offence;

5)abankrupt.

§ 116. Restrictions on services of assistant judges

The restrictions on services of judges apply to assistant judges.

§ 117. Preparatory service of candidates for assistant judge

(1) In preparatory service, a candidate for assistant judge shall receive training for the office of assistant judge. Preparatory service shall ascertain whether a candidate for assistant judge is suited to be an assistant judge by his or her personal characteristics.

(2) A candidate for assistant judge shall undergo preparatory service in the court of first instance where the assistant judge or judge supervising the candidate for assistant judge works.

(3) The preparatory service plan of a candidate for assistant judge shall be approved by the Minister of Justice who shall designate the place of service and supervisor of the candidate for assistant judge.

(4) Assistant judge’s preparatory service shall continue for one year and terminate with an assistant judge’s examination. If a candidate for assistant judge does not pass the assistant judge’s examination during this period, preparatory service shall continue until passing a re-examination.

(5) If a candidate for assistant judge does not pass an assistant judge’s examination during preparatory service, he or she shall take a re-examination. In such case, preparatory service shall be extended until re-examination but for not longer than three months.

(6) It is not allowed to re-take a re-examination. If a re-examination is not passed, the service relationship of a candidate for assistant judge shall terminate.

(7) The remuneration paid to a candidate for assistant judge during preparatory service shall be a half of assistant judge’s salary.

(8) Preparatory service is also deemed to be concluded upon graduation form an institution of applied higher education which provides special education for assistant judges. The Minister of Justice shall determine the place where the practical training is conducted, and appoint the supervisors. Subsection 122 (2) of this Act applies to supervision. The assistant judge’s examination committee may also administer the final exam of an institution of applied higher education in which case such exam is deemed to be an assistant judge’s examination.

§ 118. Report of candidates for assistant judge

(1) A candidate for assistant judge shall submit to the Minister of Justice a written semi-annual report on preparatory service and an annual report at the end of preparatory service.

(2) The supervisor of a candidate for assistant judge shall submit a written opinion on the results of preparatory service of the candidate for assistant judge to the Minister of Justice at the end of preparatory service.

(3) The Minister of Justice shall submit, together with his or her position, the report of a candidate for assistant judge and the opinion of his or her supervisor to the assistant judge’s examination committee.

§ 119. Assistant judge’s examination committee

(1) The assistant judge’s examination committee shall be formed for a term of five years and shall consist of seven members.

(2) The assistant judge’s examination committee shall be comprised of two judges of a court of the first instance and one judge of a circuit court elected by the Courten banc, two assistant judges and one representative of the Ministry of Justice designated by the Minister of Justice and a lecturer designated by a rector of an institution of applied higher education which provides special education for assistant judges.

(3) The assistant judge’s examination committee has a quorum if at least five members are present.

(4) The Minister of Justice shall approve the rules of procedure of the assistant judge’s examination committee.

§ 120. Running as candidate for position of assistant judge

(1) Assistant judges shall be appointed to office by way of a public competition.

(2) The Minister of Justice shall announce a public competition for a vacant position of an assistant judge in the official publicationAmetlikudTeadaanded.

(3) Persons who comply with the requirements established for assistant judges may run as candidates for the position of assistant judge.

(4) On the basis of examination results, the assistant judge’s examination committee shall select candidates from among the persons who passed the assistant judge’s examination and make a proposal to the Minister of Justice to appoint such candidates to office as assistant judges.

(5) Assistant judges shall be appointed to office by the Minister of Justice on the proposal of the assistant judge’s examination committee.

§ 121. Assistant judge’s oath of office

Upon assuming office, an assistant judge shall take the following oath before the Minister of Justice:

“I swear to remain faithful to theRepublicofEstoniaand its constitutional order. I swear to perform my functions according to my conscience and in conformity with the Constitution of theRepublicofEstoniaand other Acts.”

§ 122. Assistant judge’s salary and additional remuneration for supervision

(1) The salary of an assistant judge shall be the salary rate at the highest level of the salary scale for state public servants multiplied by a coefficient of 1.12.

(2) An assistant judge supervising a candidate for assistant judge shall receive additional remuneration equal to 5 per cent of the salary for each supervised person during supervision.

§ 123. Social guarantees for assistant judges

If an assistant judge is released from service due to lay-off, he or she shall be paid assistant judge’s salary until assuming new position, but for not longer than six months.

§ 124. Employment of assistant judges in Ministry of Justice and institutions of higher education

An assistant judge may be transferred to the service of the Ministry of Justice or be employed as a lecturer of an institution of applied higher education which provides special education for assistant judges at the request of the assistant judge and with the consent of the chairman ofhecourt. The provisions of § 58 of this Act apply otherwise.

Chapter 15

Court Officers

§ 125. Director of administration

(1) The director of administration shall:

1)organisethe administrating of affairs of the judicial institution;

2)organisethe use of the assets of the judicial institution;

3)prepare, with the approval of the chairman of the court, the draft budget of the judicial institution and submit the draft budget to the Minister of Justice;

4) control the budgetary funds of the judicial institution;

5)beresponsible for theorganisationof accounting of the judicial institution;

6) appoint court officers to office and release them from office;

7)performother duties assigned to him or her by the internal rules of the court.

(2) The Minister of Justice may give directives toorganiseissues within the area of activity of directors of administration.

(3) A director of administration must have completed higher education. Directors of administration of courts of the first instance and courts of appeal shall be appointed to office by the Minister of Justice.

(4) The Minister of Justice may decide that several judicial institutions have one director of administration.

§ 126. Court security guards

(1) A court security guard is a court official whose duty is to maintain order in the court, serve notices and summons to persons and perform other duties related to the functions of a court security guard determined by the internal rules of the court. Court security guards shall have the same rights as assistant police officers pursuant to clauses 5 1), 2), 4), 5) and 13) of the Assistant Police Officer Act (RT I 1994, 34, 533; 1997, 73, 1201; 2002, 56, 350; 61, 375; 99, 578).

(2) Additional remuneration shall be paid to court security guards for serving summons and notices. The Minister of Justice shall establish the rates of additional remuneration.

(3) Court security guards shall be reimbursed for expenses incurred for the use of public transportation related to the performance of duties.

(4) On the basis of an administration contract, the performance of the duties specified in subsection (1) of this section may be transferred to a company.

§ 127. Other court officers

The duties of court officials not specified in this Chapter, and the duties of the support staff shall be determined in the internal rules of a court.

Chapter 16

Implementing Provisions

§ 128. Entry into force of Act

(1) This Act enters into force on the tenth day following the date of publication of this Act in theRiigiTeataja.

(2) Subsections 61 (5), 76 (1) and (5) and §§ 122, 134 and 146 of this Act shall be implemented as of1 July 2002.

§ 129. Formation of Constitutional Review Chamber of Supreme Court

Pursuant to this Act, the Constitutional Review Chamber of Supreme Court shall be formed by1 January 2003.

§ 130. Formation of Disciplinary Chamber

(1) For the formation of the Disciplinary Chamber, the Courten bancshall elect two judges of a circuit court and two judges of a court of the first instance for a term of two years, and three judges of a circuit court and three judges of a court of the first instance for a term of three years.

(2) Until the formation of the Disciplinary Chamber pursuant to this Act, the functions of the Disciplinary Chamber shall be performed by the current Disciplinary Committee. The Disciplinary Chamber shall be formed pursuant to this Act not later than by1 January 2003.

§ 131. Authority of chairmen of courts and directors of administration

(1) The term of authority of the chairmen of courts in office at the time of entry into force of this Act shall commence as of the date of entry into force of this Act.

(2) Directors of administration of courts shall be appointed to office by way of a public competition not later than by1 January 2003. Until the appointment of a director of administration by way of a public competition, the duties of the director of administration provided in subsections 15 (4), 16 (4), 17 (4) and § 125 of this Act shall be performed by the chairman of the court.

§ 132. Formation of judge’s examination committee

(1) The judge’s examination committee shall be formed pursuant to this Act not later than by1 January 2003.

(2) Until the formation of the judge’s examination committee pursuant to this Act, the functions of the committee shall be performed by the current judge’s examination committee.

(3) The service of persons who are in preparatory service at the time of the entry into force of this Act shall continue pursuant to the current plan until the bringing thereof into conformity with this Act. The period of the service of the persons who are in preparatory service at the time of the entry into force of this Act may be reduced, but for not more than one year.

§ 133. Payment of judge’s pension

(1) The time of employment as a judge before entry into force of this Act shall also be included in the length of service necessary to receive a judge’s old-age pension.

(2) For judges who are appointed to office until the entry into force of this Act, employment in the position of lecturer of law with a research degree of an Estonian institution of higher education, sworn advocate, prosecutor, the Chancellor of Justice or in any other position which requires high qualification in law shall also be included in the length ofpensionableservice as judge. The provisions of this subsection do not extend to the calculation of the length of service necessary to receive the superannuated pension (§ 79).

(3) Within one year as of the entry into force of this Act, the judge’s examination committee shall decide on the determination of the years ofpensionableservice of all judges, taking into consideration the provisions of this section.

(4) Sections 77-81 of this Act also apply to persons who are not employed as judges at the time of the entry into force of this Act but have held the office of judge after31 December 1991.

(5) Within five years as of the entry into force of this Act, the right to receive judge’s old-age pension also arises for a person after his or her employment as a judge for five years if the person has held the office of judge after 31 December 1991, attained thepensionableage, and has been employed for at least ten years in positions which the judge’s examination committee has deemed to be equal to holding the office of judge.

(6) Judges who attain thepensionableage within five years as of the entry into force of this Act and who have not completed five years ofpensionableservice as a judge, have the right to remain in the office of judge until completion of the years ofpensionableservice on the condition that they, on the date of entry into force of this Act, held the office of judge and have been employed for at least ten years in positions which the judge’s examination committee has deemed to be equal to holding the office of judge.

(7) A judge who is at least 55 years of age and who at least during the last ten years has worked as a judge has the right to receive the judge’s old age pension after he or she leaves the office of judge. The decision to leave office in order to use such right shall be made by1 January 2003. In the case the judge continues work in public service, the amount of his or her pension plus his or her remuneration received in public service shall not exceed the amount received by him in the position of a judge.

§ 134. Retention of salary

A judge’s salary shall not be reduced due to changes in the salary administration. Any difference in salaries due to reduction thereof shall be compensated from the state budget.

§ 135. Competence of lay judges

Lay judges elected before the entry into force of this Act have the authority of lay judges until the end of the term of their authority.

§ 136. Authority of assistant judge’s examination committee

(1) The assistant judge’s examination committee shall be formed pursuant to this Act not later than by1 January 2003.

(2) Until the formation of the assistant judge’s examination committee pursuant to this Act, the functions of the committee shall be performed by the current assistant judge’s examination committee.

§ 137. Transitional provisions concerningorganisationof judges’ training

(1) Until the year 2004, the judges’ training program shall also include follow-up training.

(2) The Ministry of Justice shall transfer the information and contracts necessary for the preparation of the judges’ training program to a foundation pursuant to the procedure approved by the Minister of Justice, and the foundation shall begin the preparation of the judges’ training program for the year 2003 not later than1 September 2002.

(3) Until the formation of the Training Council pursuant to this Act, the functions of the Training Council shall be performed by the current Training Council.

§ 138. Merger of courts

(1) TheKohtla-JärveCity Court and the Ida-ViruCounty Court shall be merged not later than by1 January 2003. Until such date, theKohtla-JärveCity Court shall operate as a separate judicial institution.

(2) TheHiiuCounty Court and theLääneCounty Court shall be merged not later than by1 January 2003. Until such date, theHiiuCounty Court shall operate as a separate judicial institution. After the merger of the courts, at least one judge of theLääneCounty Court shall stay atHiiumaato resume permanent employment as judge.

§ 139. Repeal of Courts Act

The former Courts Act (RT 1991, 38, 472; 1993, 1, 2; RT I 1993, 24, 429; 65, 922; 1994, 81, 1382; 86/87, 1487; 94, 1609; 1995, 29, 358; 87, 1540; 1996, 31, 631; 42, 811; 51, 967; 1998, 4, 62; 2000, 35, 219; 51, 321; 2001, 21, 113; 43, 240; 48, 264) is repealed.

§ 140. Repeal of Status of Judges Act

The Status of Judges Act (RT 1991, 38, 473; 1993, 1, 2; RT I 1993, 24, 429; 1994, 13, 234; 40, 654; 81, 1382; 1995, 83, 1440; 1996, 51, 967; 73, 1294; 81, 1448; 1997, 28, 426; 93, 1557; 1998, 34, 487; 1999, 16, 271; 2000, 28, 167; 35, 222; 40, 251; 2001, 58, 353) is repealed.

§ 141. Repeal of Act of Republic of Estonia Specifying Number of Courts and their Staff and Number of Lay Judges in County and City Courts

The Act of the Republic of Estonia Specifying the Number of Courts and their Staff and the Number of Lay Judges in County and City Courts (RT 1993, 1, 1; RT I 1993, 24, 429; 43, 622; 65, 922; 76, 1131; 1994, 81, 1382; 1995, 29, 358; 97, 1664; 1996, 31, 631; 42, 811; 1999, 88, 809; 2000, 102, 678) is repealed.

§ 142. Amendment of Code of Criminal Procedure

The Code of Criminal Procedure (ENSV ÜT41961, 1, 4 and Annex; RT I 2000, 56, 369; 75, correction notice; 84, 533; 86, 542; 2001, 3, 9; 53, 306 and 313; 56, 333; 65, 378; 100, 645; 102, 676; 2002, 29, 174) is amended as follows:

1)inthe Act, the word “lay judge” [kohtukaasistuja] is substituted by the word “lay judge” [rahvakohtunik] in the appropriate case form.

2)section1211is amended and worded as follows:

Ҥ 1211.Right of Chancellor of Justice, President of the Republic and Supreme Court to examine contents of files

(1) The Public Prosecutor shall notify the Chancellor of Justice, the President of the Republic or the Supreme Court of an order on bringing criminal charges against the President of the Republic, a member of the Government of the Republic, member of theRiigikogu, the Auditor General, the Chancellor of Justice, the Chief Justice of the Supreme Court, a justice of the Supreme Court or a judge prepared by a preliminary investigator.

(2) The Chancellor of Justice, the President of the Republic and the Supreme Court have the right to examine the materials relating to the criminal matter.”;

3) Subsection 124 (11) is amended and worded as follows:

“(11) Charges against the President of the Republic, a member of the Government of the Republic, member of theRiigikogu, the Auditor General, the Chancellor of Justice, the Chief Justice of the Supreme Court, a justice of the Supreme Court or a judge shall be brought not later than within forty-eight hours after theRiigikoguor the President of the Republic has consented to the bringing of criminal charges against such official.”

§ 143. Amendment of Criminal Code

In § 1721of the Criminal Code (RT 1992, 20, 287 and 288; RT I 2001, 73, 452; 85, 510; 87, 526; 2002, 30, 176; 32, 189; RT III 2002, 11, 108; RT I 2002, 44, 284), the word “lay judge” [kohtukaasistuja] is substituted by the word “lay judge” [rahvakohtunik].

§ 144. Amendment of Local GovernmentOrganisationAct

Clause 22 (1) 26) of the Local GovernmentOrganisationAct (RT I 1993, 37, 558; 1999, 82, 755; 2000, 51, 322; 2001, 82, 489; 100, 642; 2002, 29, 174; 36, 220; 50, 313; 53, 336; 58, 362; 61, 375; 63, 387; 64, 390; 393; 82, 480; 96, 565; 99, 579; 2003, 1, 1; 4, 22) is amended and worded as follows:

“26)theselection of candidates for lay judge;”.

§ 145. Amendment of Procedure for Bringing Criminal Charges against Member ofRiigikogu, Auditor General, Chancellor of Justice, Chief Justice of Supreme Court and Justice of Supreme Court Act

The Procedure for Bringing Criminal Charges against Member ofRiigikogu, Auditor General, Chancellor of Justice, Chief Justice of Supreme Court and Justice of Supreme Court Act (RT I 1995, 83, 1440; 1998, 41/42, 625; 2002, 64, 390) is amended and worded as follows.

1)thetitle of the Act is amended and worded as follows:

Procedure for Bringing Criminal Charges against Member ofRiigikogu, Auditor General, Chancellor of Justice and Judge Act”;

2)section1 is amended and worded as follows:

Ҥ 1.

(1) Criminal charges may be brought against a member of theRiigikogu, the Auditor General,theChancellor of Justice, the Chief Justice of Supreme Court or a justice of Supreme Court only with the consent of the majority of the membership of theRiigikogu.

(2) Criminal charges may be brought against a judge of a court of the first instance or a judge of a court of appeal only with the consent of the President of the Republic.”;

3) Sections 4-9 are amended and worded as follows:

Ҥ 4.

(1) Detention, searching, seizure, seizure of property, inspection and examination, preventive measures and compelled attendance may be imposed on a person specified in subsection 1 (1) of this Act only after theRiigikogugrants consent thereto, and on a person specified in subsection 1 (2) of this Act only after the President of the Republic grants consent to bringing criminal charges against the person.

(2) A person specified in § 1 of this Act may be detained as a suspect pursuant to the corresponding provisions of the law of criminal procedure without the consent of theRiigikoguif the person was apprehended in the act of commission of a criminal offence in the first degree. In such case, the person may be searched, examined and his or her things may be seized and inspected without the consent of theRiigikogu. The Chief Public Prosecutor shall be immediately informed of the detention of such person and of any acts performed.

§ 5.

The Chancellor of Justice may make a proposal to theRiigikoguto bring criminal charges against a member ofRiigikogu, the Auditor General, the Chief Justice of Supreme Court or a justice of Supreme Court. The President of the Republic may make a proposal to theRiigikoguto bring criminal charges against the Chancellor of Justice. The Supreme Courten bancmay make a proposal to the President of the Republic to bring criminal charges against a judge of a court of the first instance or a judge of a court of appeal.

§ 6.

(1) A body specified in § 5 of this Act may make a proposal to theRiigikoguor the President of the Republic to bring criminal charges against a person specified in § 1 of this Act at the request of the Chief Public Prosecutor.

(2) A copy of the order on charging a person specified in § 1 of this Act with a criminal offence shall be attached to the request of the Chief Public Prosecutor.

§ 7.

(1) The Chancellor of Justice, the President of the Republic or the Supreme Courten bancshall verify the compliance of the order on charging a person with a criminal offence and the compliance of conducted proceedings with the corresponding provisions of the law of criminal procedure, without verifying and evaluating evidence.

(2) A body specified in subsection (1) of this section has the right to examine the materials of the criminal matter.

(3) If the order on charging with criminal offence and the conducted proceedings are in compliance with the corresponding provisions of the law of criminal procedure, the Chancellor of Justice or the President of the Republic shall submit a written proposal to grant consent to bring criminal charges against the person specified in the request of the Chief Public Prosecutor to theRiigikogu, or the Supreme Courten bancshall submit such a proposal to the President of the Republic.

(4) If the order on charging with criminal offence and the conducted proceedings are not in compliance with the corresponding provisions of the law of criminal procedure, the Chancellor of Justice, the President of the Republic or the Supreme Courten bancshall return the request together with a reasoned explanation to the person who submitted the request within ten days as of the receipt thereof.

§ 8.

(1)AAproposal to theRiigikoguor the President of the Republic to grant consent to bring criminal charges against the person specified in § 1 of this Act shall be submitted in writing and it shall contain the reasoned opinion of the Chancellor of Justice, the President of the Republic or the Supreme Courten bancwhich shall set out the facts specified in the order on charging with criminal offence and other circumstances on which the request is based. In their proposal, the Chancellor of Justice, the President of the Republic or the Supreme Courten banchaveno right to exceed the limits of the charges.

(2) A proposal made by the Chancellor of Justice or the President of the Republic to theRiigikoguor a proposal made by the Supreme Courten bancto the President of the Republic shall contain information concerning the person against whom they wish to bring charges and for the purposes of which the consent of theRiigikoguor the President of the Republic is sought, and shall also contain information on the criminal offence with the commission of which the person is charged and the legal assessment of the criminal offence.

(3) The documents specified in § 6 of this Act submitted by the Chief Public Prosecutor which are the basis for the proposal of the Chancellor of Justice, the President of the Republic or the Supreme Courten bancshall be attached to the proposal.

§ 9.

The report of the Chancellor of Justice or the President of the Republic to theRiigikogufor the bringing of criminal charges against the person specified in § 1 of this Act shall set out the information contained in the proposal and the documents attached thereto, taking into consideration the requirements provided in §§7 and 8 of this Act.”;

3)sections12-14 are amended and worded as follows:

Ҥ 12.

(1) The decision of theRiigikoguor the President of the Republic concerning grant of consent for the bringing criminal charges against the person specified in § 1 of this Act shall enter into force as of the adoption thereof. The decision shall be immediately sent to the person who made the proposal, to the Chief Public Prosecutor and to the person whom it concerns.

(2) The consent granted to bring criminal charges against a person specified in § 1 of this Act, except for a member of theRiigikogu, shall result in suspension of the performance of his or her official duties until the entry into force of a court judgment.

§ 13.

(1) If theRiigikoguor the President of the Republic has granted consent to bring criminal charges against the person specified in § 1 of this Act by a decision, the further proceedings in the matter shall be conducted pursuant to the corresponding provisions of the law of criminal procedure.

(2) A person specified in § 1 of this Act may be interrogated as an accused only after theRiigikoguor the President of the Republic has granted consent to bring criminal charges against the person.

§ 14.

(1) For the bringing of criminal charges against a person specified in § 1 of this Act for another act not provided for in the proposal of the Chancellor of Justice, the President of the Republic or the Supreme Courten banc, a new consent of theRiigikoguor the President of the Republic is necessary. Such consent shall be granted by a decision of theRiigikoguor the President of the Republic based on a new proposal of the Chancellor of Justice, the President of the Republic or the Supreme Courten bancpursuant to the procedure of this Act.

(2) Amendment of the legal assessment of the committed criminal offence, amendment of charges or the bringing of new charges shall not result in a new request for grant of consent.”

§ 146. Amendment of Salaries of State Public Servants Appointed byRiigikoguor President of the Republic Act

The Salaries of State Public Servants Appointed byRiigikoguor President of the Republic Act (RT I 1996, 81, 1448; 1999, 29, 406; 2000, 55, 359; 2002, 21, 117; 64, 390) is amended as follows:

1) Subsection 1 (1) is amended and worded as follows:

“(1) The salary of the Prime Minister, ministers, the Auditor General, the Chancellor of Justice, the Chief Justice and the justices of the Supreme Court, the judges of circuit, county, city and administrative court judges shall be the average wages in Estonia multiplied by an appropriate factor established by this Act. The salary of the Chief Justice and the justices of the Supreme Court, the judges of circuit, county, city and administrative court judges shall be adjusted at the beginning of each year on the basis of the average wages in Estonia of the previous year.”;

2)section7 is amended and worded as follows:

Ҥ 7.

The factor for the salary of the Chief Justice of the Supreme Court shall be 6.0.”;

3)section8 is amended and worded as follows:

Ҥ 8.

The factor for the salary of a justice of the Supreme Court shall be 5.5.”;

4)sections9 and 11 are repealed;

5)section10 is amended and worded as follows:

Ҥ 10.

The factor for the salary of a judge of a circuit court shall be 4.5.”;

6)section12 is amended and worded as follows:

Ҥ 12.

The factor for the salary of a judge of a county, city and administrative court shall be 4.0.”;

7) Section 141is added to the Act worded as follows:

Ҥ 141.

Until31 December 2002, subsection 1 (1) and §§ 7, 8, 10 and 12 are in force in the following wording:

Ҥ 1.

(1) The salary of the Prime Minister, ministers, the Chief Justice of the Supreme Court, the Auditor General and the Chancellor of Justice shall be the average wages in Estonia multiplied by an appropriate factor established by this Act.”;

Ҥ 7.

The factor for the salary of the Chief Justice of the Supreme Court shall be 6.0.

§ 8.

The factor for the salary of a justice of the Supreme Court shall be 2.3.”;

Ҥ 10.

The factor for the salary of a judge of a circuit court shall be 1.8.”;

Ҥ 12.

The factor for the salary of a judge of a court of the first instance justice shall be 1.6.”

§ 147. Amendment of Probation Supervision Act

The Probation Supervision Act (RT I 1998, 4, 62; 2002, 82, 478) is amended as follows:

1)subsection5 (6) is amended and worded as follows:

“(6) Directors of administration of courts and the Minister of Justice exercise supervisory control over the work of probation supervision departments.”;

2)insubsection 6 (1) the word “chairman” is substituted by the words “director of administration”;

3)insubsection 7 (1) the word “chairman” is substituted by the words “director of administration”;

4)section12 is amended and worded as follows:

Ҥ 12.Reporting

Heads of probation supervision departments shallorganisethe forwarding of regular statistical reports to the Ministry of Justice.”;

5)insubsection 14 (2) the word “chairman” is substituted by the words “director of administration”;

6)subsection18 (1) is amended and worded as follows:

“(1) Any person who is entered in a list of voluntary probation workers by the head of the probation supervision department may act as a voluntary probation worker.”;

7)insubsection 18 (2) the words “chairman of the court” are substituted by the words “the head of the probation supervision department”;

8)subsection18 (5) is repealed.

§ 148. Amendment of Code of Civil Procedure

In the Code of Civil Procedure (RT I 1998, 43–45, 666; 108/109, 1783; 1999, 16, 271; 31, 425; 2000, 51, 319; 55, 365; 2001, 21, 113; 34, 186; 53, 313; 93, 565; 2002, 29, 174; 50, 313; 53, 336; 64, 390; 92, 529; 2003, 13, 64; 67), the word “lay judge” [kohtukaasistuja] is substituted by the word “lay judge” [rahvakohtunik] in the appropriate case form.

§ 149. Amendment of Notaries Act

Section 26 of the Notaries Act (RT I 2000, 104, 684; 2001, 93, 565; 2002, 57, 357; 61, 375; 64, 390; 102, 600; 2003, 18, 100) shall be amended and worded as follows:

“During candidate service, a notary candidate shall receive monthly remuneration from the Chamber of Notaries in an amount equal to at least four times the minimum monthly wage established by the Government of the Republic. The Chamber of Notaries may increase the amount of remuneration.”

§ 150. Amendment of Penal Code

In §§ 302–304 of the Penal Code (RT I 2001, 61, 364; 2002, 86, 504; 105, 612; 2003, 4, 22), the word “lay judge” [kohtukaasistuja] is substituted by the word “lay judge” [rahvakohtunik] in the appropriate case form.”

§ 151. Amendment of Courts Act, Bank ofEstoniaAct, Peace-Time NationalDefenceAct,RiigikoguAdministration Act and State Audit Office Amendment Act

Section 1 of the Amendment of Courts Act, Bank of Estonia Act, Peace-Time NationalDefenceAct,RiigikoguAdministration Act and State Audit Office Amendment Act passed by theRiigikoguon12 June 2002is repealed.

1RT =RiigiTeataja=State Gazette

2Riigikogu= the parliament ofEstonia

3AmetlikudTeadaanded=Official Notices

4ENSV ÜT=ESSR Supreme Council Gazette