Art iii section 2: Article III | U.S. Constitution | US Law

Article III, Section II

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PREAMBLE : We the People of the United States, in Order to form a more perfect Union, establish Justice, insure
domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty
to ourselves and our Posterity, do ordain and establish this Constitution

ARTICLES

Amendment

Article III, Section II


Text of Article 3, Section 2:


The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;–to all Cases affecting Ambassadors, other public Ministers and Consuls;–to all Cases of admiralty and maritime Jurisdiction;–to Controversies to which the United States shall be a Party;–to Controversies between two or more States;– between a State and Citizens of another State,–between Citizens of different States,–between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.


The ‘Travis Translation’ of Article 3, Section 2:


The judges of the courts have the power to decide any case that involves or questions: the Constitution, laws of the United States, or a treaty signed by the United States. Courts will also decide any case that involves Ambassadors or foreign ministers from other countries. They have the final say on cases that happen on the oceans. They decide: arguments when the United States is involved, cases between two or more states, cases between a state and somebody from another country, cases between citizens of different states, cases between citizens of the same state when different states give them the same land, and to all cases between a state, the citizens in that state, and other countries and their citizens. [This was changed by the 11th Amendment.]

If an Ambassador or Minister from another country, or if a state is involved, the Supreme Court can hear the case first. In all the other cases, the smaller courts will hear the cases first, and the loser can appeal their case. The Supreme Court is the final authority. The Supreme Court can look at both the law and the facts of each case, with the rules Congress has passed.

Trial for all federal crimes, except kicking people out of government (impeaching them), will be in front of a jury. The trial will be held in the same state where the crime was committed. If the crime was not committed in a State, Congress can decide by law where to hold the trial.


This section of the Constitution contains, essentially, the job description of the judicial branch (see also Judicial Review), what it can rule on and what it can’t rule on. It describes the extent of the power, or jurisdiction, of both the Supreme Court and any other federal courts beneath the Supreme Court. It is also used to delineate the limits of that power, including Congress’ ability to limit certain judicial power by legislation (also known as the Exceptions Clause) and other limits implied by the text of the Constitution. There have also been further limits placed on the power of the federal courts by the 11th Amendment.

The section also includes a short provision guaranteeing jury trials in criminal proceedings, a right which was also supplemented by the 6th Amendment.

RESOURCES

The Constitution of the United States: A Transcription

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Note: The following text is a transcription of the Constitution as it was inscribed by Jacob Shallus on parchment (the document on display in the Rotunda at the National Archives Museum. ) The spelling and punctuation reflect the original.


We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Article. I.

Section. 1.

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Section. 2.

The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

Section. 3.

The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.

Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.

No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Section. 4.

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.

Section. 5.

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.

Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.

Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

Section. 6.

The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

Section. 7.

All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

Section. 8.

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;—And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Section. 9.

The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

No Bill of Attainder or ex post facto Law shall be passed.

No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.

No Tax or Duty shall be laid on Articles exported from any State.

No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

Section. 10.

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

Article. II.

Section. 1.

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.

The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:—»I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.»

Section. 2.

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Section. 3.

He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

Section. 4.

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Article. III.

Section. 1.

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Section. 2.

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;— between a State and Citizens of another State,—between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Section. 3.

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

Article. IV.

Section. 1.

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Section. 2.

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

Section. 3.

New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

Section. 4.

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

Article. V.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Article. VI.

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

Article. VII.

The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

The Word, «the,» being interlined between the seventh and eighth Lines of the first Page, The Word «Thirty» being partly written on an Erazure in the fifteenth Line of the first Page, The Words «is tried» being interlined between the thirty second and thirty third Lines of the first Page and the Word «the» being interlined between the forty third and forty fourth Lines of the second Page.

Attest William Jackson Secretary

done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independance of the United States of America the Twelfth In witness whereof We have hereunto subscribed our Names,

G°. Washington
Presidt and deputy from Virginia

Delaware

Geo: Read
Gunning Bedford jun
John Dickinson
Richard Bassett
Jaco: Broom

Maryland

James McHenry
Dan of St Thos. Jenifer
Danl. Carroll

Virginia

John Blair
James Madison Jr.

North Carolina

Wm. Blount
Richd. Dobbs Spaight
Hu Williamson

South Carolina

J. Rutledge
Charles Cotesworth Pinckney
Charles Pinckney
Pierce Butler

Georgia

William Few
Abr Baldwin

New Hampshire

John Langdon
Nicholas Gilman

Massachusetts

Nathaniel Gorham
Rufus King

Connecticut

Wm. Saml. Johnson
Roger Sherman

New York

Alexander Hamilton

New Jersey

Wil: Livingston
David Brearley
Wm. Paterson
Jona: Dayton

Pennsylvania

B Franklin
Thomas Mifflin
Robt. Morris
Geo. Clymer
Thos. FitzSimons
Jared Ingersoll
James Wilson
Gouv Morris

For biographies of the non-signing delegates to the Constitutional Convention, see the  Founding Fathers page.

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Law on Mobilization Training and Mobilization in the Russian Federation N 31-FZ

February 26, 1997 N 31-FZ

RUSSIAN FEDERATION

FEDERAL LAW

ON MOBILIZATION PREPARATION AND MOBILIZATION

IN THE RUSSIAN FEDERATION

Accepted
State Duma
January 24, 1997
Approved
Federation Council
February 13, 1997

This Federal Law carries out legal regulation in the field of mobilization training and mobilization in the Russian Federation, establishes the rights, duties and responsibilities of state authorities, local governments, as well as organizations regardless of their form of ownership (hereinafter — organizations) and their officials, citizens of the Russian Federation Federations (hereinafter — citizens) in this area.

Article 1. Basic concepts

Article 2. Basic principles and content of mobilization training and mobilization

Article 3. Legal basis for mobilization training and mobilization

Article 4. Powers of the President of the Russian Federation

Article 5. Powers of the chambers of the Federal Assembly

Article 6. Powers of the Government of the Russian Federation

Article 7. Powers of federal executive bodies

Article 8. Powers and functions of the executive authorities of the constituent entities of the Russian Federation and local governments

Article 9 Obligations of organizations

Article 10. Obligations of citizens

Article 11. Organization and procedure for mobilization training and mobilization

Article 12. Mobilization bodies

Article 13. Military transport duty

Article 14 Financing of mobilization training and mobilization

Article 15. Repealed

Article 16. Regime for conducting mobilization training and mobilization

Article 17. Conscription of citizens for military service on mobilization

Article 18. Deferment from conscription for military service on mobilization

Article 19. Deadlines for calling up citizens for military service for mobilization

Article 20. Organization of conscription of citizens for military service on mobilization

Article 21. Obligations of citizens subject to conscription for military service for mobilization

Article 21.1. Features associated with conscription for military service for the mobilization of certain categories of citizens and its passage by these categories of citizens

Article 22. Reservation of citizens for the period of mobilization and for wartime

Article 23. Citizens subject to reservation for the period of mobilization and for wartime

Article 24. Organization and procedure for booking citizens for the period of mobilization and for wartime

Article 24.1. The content of ensuring the security of special facilities and their infrastructure

Article 24.2. The powers of the federal body for ensuring the mobilization training of state authorities of the Russian Federation in ensuring the security of special facilities and their infrastructure

Article 24. 3. The use of physical force, special means, weapons, military and special equipment by the military personnel of the federal body for ensuring mobilization training of state authorities of the Russian Federation in the implementation of the protection and protection of special facilities and their infrastructure, ensuring access and intra-site regimes at these facilities

Article 24.4. Measures to ensure the protection of information about special facilities and their infrastructure

Article 24.5. Measures to ensure the own security of the federal body for ensuring mobilization training of state authorities of the Russian Federation

Article 25. Entry into force of this Federal Law

Article 26. Bringing regulatory legal acts in line with this Federal Law

Federal Law of the Russian Federation «On mobilization training and mobilization in the Russian Federation» N 31-FZ (current version 2022)

Section II. Settlement Procedure (Articles 3–11) General Section On the Application of Settlement Transaction Registrars in the Sphere of Trade, Public Catering and Services | Regulatory framework of Ukraine

Article 3. Business entities that carry out settlement transactions in cash and / or in a non-cash form (using payment cards, payment checks, tokens, etc.) when selling goods (providing services) in the trade, public catering and services, as well as cash acceptance operations for its further transfer are required:

1) carry out settlement transactions for the full amount of the purchase (provision of services) through registered, duly sealed and transferred to the fiscal mode of operation registrars of settlement operations with printing of the relevant settlement documents that confirm the execution of settlement operations, or in cases provided for by this Law , with the use of duly registered paybooks;

2) to issue to a person who receives or returns goods, receives a service or refuses it, including those ordered or paid for using the Internet, upon receipt of goods (services) without fail, a settlement document of the established form for the full amount of the operations;

3) use the registrars of settlement transactions, which are included in the State Register of registrars of settlement transactions, in compliance with the established procedure for their application;

4) ensure the integrity of the seals of the registrar of settlement operations and the invariability of its design and software;

5) in case of non-use of registrars of settlement transactions in the cases specified by this Law, to carry out settlements using the book of accounting of settlement operations and the settlement book in compliance with the established procedure for their maintenance, except for cases when accounting is maintained through electronic systems for accepting rates, which are controlled in real-time mode by the central executive body that implements the state policy in the field of treasury servicing of budget funds;

6) ensure the storage of used books of account of settlement transactions and settlement books for three years after their expiration;

7) submit reports related to the use of the registrar of settlement transactions and passbooks to the regulatory authorities no later than the 15th day of the month following the reporting month, if this paragraph does not provide for the provision of information via wired or wireless communication channels.

Business entities that use registrars of settlement transactions (except for electronic taximeters, vending machines for goods (services) and registrars of settlement transactions that are used to record and register transactions for the purchase and sale of foreign currency) must submit to the state tax authorities by wire or wireless communication channels, electronic copies of settlement documents and fiscal reporting receipts, which are contained on a control tape in the memory of registrars of settlement transactions or in the memory of modems attached to them.

Business entities that use such registrars of settlement transactions as electronic taximeters, vending machines for goods (services) and registrars of settlement transactions that are used to record and register transactions for the purchase and sale of foreign currency must submit to the state tax authorities through wired or wireless communication channels, information on the volume of settlement transactions performed in cash and/or non-cash form, or on the volume of transactions for the purchase and sale of foreign currency, which is contained in the fiscal memory of the specified registrars of settlement transactions.

The procedure for transferring information to the revenue and tax authorities via wired or wireless communication channels is established by the revenue and tax authority based on the technology developed by the National Bank of Ukraine and agreed upon by the central executive body that implements the state tax policy;

8) to sell goods (provide services) provided that there is a price tag for the goods (menu, price list, tariff for the service provided) in the monetary unit of Ukraine;

9) daily print on the registrars of settlement transactions (with the exception of vending machines for the sale of goods (services)) fiscal reporting receipts in case of settlement transactions;

10) print or create in electronic form on registrars of settlement transactions (except for vending machines for goods (services) control tapes and ensure their storage for three years;

11) conduct settlement transactions through registrars of settlement transactions using the preliminary programming the name (for fuel, indicating the code of the commodity subcategory according to UKT VED), prices of goods (services) and accounting for their quantity;

12) keep, in accordance with the procedure established by law, accounting for inventory in warehouses and / or at the place of their sale, sell only those goods (services) that are reflected in such accounting.

Such requirements do not apply to individual entrepreneurs who are single tax payers and are not registered payers of value added tax;

13) ensure that the amounts of cash at the place of settlement are in line with the amount of funds indicated in the daily report of the registrar of settlement transactions, and in the case of using a passbook, with the total amount of sales on settlement receipts issued since the beginning of the working day. Such requirements do not apply to individuals — entrepreneurs who are single tax payers and are not registered payers of value added tax;

14) put into operation, carry out maintenance without violating the previously properly sealed settlement transaction registrar, repair settlement transaction registrars through service centers in the manner prescribed by the Cabinet of Ministers of Ukraine;

15) provide the buyer of goods (services) at his request with a check, waybill or other written document certifying the transfer of ownership of them from the seller to the buyer in order to comply with the requirements of the Law of Ukraine «On Protection of Consumer Rights». Violation of this rule entails the liability provided for by the said law, but cannot be the basis for applying administrative or financial sanctions to the violator provided for by the legislation on taxation;

16) in case of detection of malfunctions of the registrar of settlement transactions, as well as damage to control means during the working day in which malfunctions or damages are detected, notify the service center in writing or by means of electronic communication in any form, as well as within two working days after day of detection of malfunctions or damage in writing or by means of electronic communication in any form, notify the supervisory authority in which the business entity is registered as a taxpayer.

Article 4. Authorized banks that carry out operations for the purchase and sale of foreign currency, as well as business entities that carry out these operations on the basis of agency agreements with authorized banks, are obliged to:

1) conduct operations for the purchase and sale of foreign currency, change the exchange rate in accordance with the procedure established by the National Bank of Ukraine;

2) to carry out transactions for the purchase and sale of foreign currency through registered, sealed in the prescribed manner and transferred to the fiscal mode of operation registrars of settlement operations with printing in two copies of settlement documents that confirm the execution of these operations;

3) keep during the working shift the second copy of the settlement document, which confirms the operation;

4) use in the prescribed manner only those registrars of settlement transactions that are included in the State Register of registrars of settlement operations;

5) issue to a person who buys or sells foreign currency the first copy of a settlement document for the full amount of the transaction;

6) carry out operations for the purchase and sale of foreign currency only at the expense of the bank;

7) ensure that cash and foreign currency at the place where foreign currency purchase and sale operations are carried out correspond to the data of the fiscal report;

8) carry out maintenance without violating the previously properly sealed settlement transaction registrar, repair settlement transaction registrars through service centers in the manner prescribed by the Cabinet of Ministers of Ukraine;

9) ensure the integrity of the seals of the registrars of settlement transactions, as well as the immutability of software and hardware that implement fiscal functions. 9Article 5 registered reserve registrar of settlement transactions.

In the event of failure of the registrar of settlement transactions, which is used to register transactions for the purchase and sale of foreign currency, accounting of these transactions and the formation of settlement documents is carried out in accordance with the procedure established by the National Bank of Ukraine.

Article 6. Deleted.

Article 7 body (in offline mode) that are used to register settlement transactions for goods (services) and cash withdrawal transactions for holders of electronic means of payment is established by the central executive body that ensures the formation and implementation of the state financial policy.

The procedure for registration, sealing and application of registrars of settlement transactions, registration and use of software registrars of settlement operations, including for the period of lack of communication between the software registrar of settlement operations and the fiscal server of the regulatory authority (in offline mode), which are used to register trade transactions currency values ​​in cash, is established by the central executive body, which ensures the formation and implementation of the state financial policy, in agreement with the National Bank of Ukraine. 9

Article 8. Form, content of settlement documents, procedure for registration and maintenance of settlement books, accounting books of settlement transactions, as well as the form and procedure for reporting related to the use of registrars of settlement operations and / or software registrars of settlement operations or the use of settlement books, are established by the central executive body, which ensures the formation and implementation of the state financial policy.

The form, content and procedure for maintaining settlement documents, as well as the form and procedure for reporting related to the use of registrars of settlement transactions and / or software registrars of settlement transactions in the course of operations for trading in currency values ​​in cash, are established by the National Bank of Ukraine in agreement with the central executive body that ensures the formation and implementation of the state financial policy.

(changes made by paragraphs fifteen and sixteen of clause 5 of subsection 1 of section I of the Law of Ukraine dated September 20, 2019 No. 128-IX, in terms of changing the name of the central executive body, come into force on October 20, 2019)

Article 9. Registrars of settlement transactions and passbooks are not used:

all forms of ownership, except for trade and public catering enterprises, in the case of settlements at the cash desks of these enterprises, institutions and organizations with the issuance of receipts and expenditure cash orders and the issuance of relevant receipts signed by an authorized person of the relevant business entity;

2) when performing banking operations, except for:

foreign currency purchase and sale operations, if such operations are not performed at the cash desks of authorized banks;

operations of commercial agents of banks and non-banking financial institutions to receive cash for its further transfer using self-service software and hardware complexes, with the exception of self-service software and hardware complexes, which enable the user to carry out exclusively operations to receive funds;

3) paragraph 3 of article 9 is deleted;

4) when selling travel and transportation documents on railway (except for suburban) and air transport with the execution of settlement and reporting documents and on road transport with the issuance of coupons, receipts, tickets with a printed series, number, face value, as well as when sale of tickets for state lotteries through an electronic system for accepting bets, which is controlled in real time by the central executive body that implements state policy in the field of treasury servicing of budget funds, and tickets for visiting cultural, sports and entertainment venues;

5) paragraph 5 of Article 9 is deleted;

6) when selling goods (except for technically complex household goods that are subject to warranty repair, as well as medicines and medical products) (providing services) by individual entrepreneurs who, in accordance with the Tax Code of Ukraine, belong to the groups of single tax payers , which do not use registrars of settlement transactions;

7) paragraph 7 of article 9 is excluded;

8) when selling goods (except for excisable and technically complex household goods subject to warranty repair, as well as medicines and medical products) (providing services) by persons who have received a preferential trade patent for the sale of goods (provision of services) in accordance with the Tax Code of Ukraine;

9) when individuals trade in food or industrial goods (except for technically complex household goods that are subject to warranty repair, as well as medicines and medical products) for cash in the markets;

complex household goods that are subject to warranty repair, medicines, medical products, as well as when selling tokens and travel tickets at the subway ticket offices;

11) when selling water, milk, kvass, butter and live fish from tankers, tanks, barrels and cans; meals and non-alcoholic drinks in canteens and buffets of general educational institutions and vocational educational institutions during the educational process;

12) if at the place of receipt of goods (provision of services) cash settlement operations are not carried out (wholesale trade, etc. ).

13) point 13 of article 9 is excluded.

Article 10. The list of certain forms and conditions for carrying out activities in the field of trade, public catering and services that are allowed to carry out settlement transactions without the use of registrars of settlement operations using settlement books and accounting books for settlement operations, as well as the maximum size of the annual volume of settlement operations for the sale of goods (providing services), above which the use of registrars of settlement transactions is mandatory, are established by the Cabinet of Ministers of Ukraine on the proposal of the central executive authorities that ensure the formation of the state economic policy, the formation and implementation of the state financial policy. Paybooks are not used in cases of entrepreneurial activities specified in Article 9of this Law. Article 11 the authorities that ensure the formation of the state economic, the formation and implementation of the state tax and customs policy, and the National Bank of Ukraine.

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