Public business: all court employees will have separate cells in the detention center

Employees of court offices suspected of crimes will have to be detained separately from other prisoners. The relevant bill was approved by the government on Monday, sources told Izvestia. Previously, this rule applied only to judges. This is not a relaxation of detention conditions, but a necessary security measure, lawyers say. According to them, detention in communal cells can create risks of pressure, threats and attempts to influence judicial staff. How the measure will work is described in the Izvestia article.

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Court staff suspected of crimes, including former ones, will have to be detained in separate cells. Such amendments were developed by the Ministry of Justice, and on March 2 they were approved by the government commission on legislative activity. This was reported to Izvestia by sources in the Cabinet of Ministers.

The special regime for ensuring personal security, which operates in places of detention for judges, will be extended to a new category of persons — employees of the court staff, Vladimir Gruzdev, Chairman of the Board of the Russian Bar Association, explained to Izvestia.

"Currently, the administrations of pre—trial and temporary detention facilities are required to place judges suspected or accused of crimes in separate cells," he recalled. — This is an exceptional measure aimed at protecting judicial authorities from possible threats, pressure or physical violence from other persons who may be associated with the criminal environment or be interested in influencing the course of justice.

Judicial assistants, clerks of court sessions, administrators and other government civil servants who ensure the functioning of the judicial system will fall under special protection, the Chairman of the Board of the AYR noted.

— These individuals, although they do not directly administer justice, are considered an integral part of the judicial mechanism. They have access to confidential information, case materials, participate in the organizational support of trials and, due to their official position, may also become objects of pressure or revenge from interested parties," Vladimir Gruzdev pointed out.

The bill amends the Federal Law "On the Detention of Suspects and Accused of committing crimes" and the article of the Criminal Executive Code of the Russian Federation on the separation of convicts in correctional institutions. In case of imprisonment, court staff will be sent to specialized correctional institutions where former judges and law enforcement officers are being held, the document says.

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Why did the changes take place?

The draft law was developed in connection with the resolution of the Constitutional Court of the Russian Federation dated October 23, 2025. The reason was the case of Alexander Eyvazov, a former secretary of the court session from St. Petersburg. According to the case file, the man was first found guilty of the crime and taken into custody, and then acquitted. Being in the status of a suspect, Eyvazov was kept in a common cell of the pre-trial detention center.

"Believing that he, as a former employee of the court, should have been kept in a cell intended for persons associated with the judicial system, the citizen applied to the court for compensation," the document says.

In 2021, the Kolpinsky District Court of St. Petersburg granted the application only partially, as a result, the case reached the Constitutional Court of the Russian Federation. The Supreme Judicial Body ruled that the current article on the detention of suspects and accused of crimes "violates the principle of equality." This creates "a threat to the safety and inviolability of court staff, leads to a diminution of the dignity of the individual, reduces guarantees of state protection of their rights and freedoms."

From the point of view of the principles of reasonableness and fairness, amendments to the current legislation on such a situation are required, said Veronika Polyakova, a criminal lawyer and managing partner of the Business Legal Group Bar Association.

Albert Khaleyan, partner of the Vector Prime Moscow Bar Association, added that the refusal to compensate Alexander Eyvazov for the inadequate conditions of detention in all judicial instances was technically justified correctly.

— The article on detention contains a closed list of persons who must be placed separately. And court staff were absent from it, unlike judges, prosecutors, investigators and lawyers. And the Constitutional Court did not agree with such a formal approach," the expert explained.

According to him, a negative attitude towards a person who is associated with justice is formed among those under investigation, regardless of the official functions of the employee, Albert Khaleyan noted.

"The risks of revenge, physical or psychological pressure from other prisoners in the pre—trial detention center are as high for any employee of the judicial system as for a judge," the lawyer is sure.

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Restoring constitutional logic

The innovation logically develops the approach that is applied to judges, Anton Pivovarov, a lawyer at the Moscow Sed Lex Bar Association, told Izvestia. According to him, it's not about privileges, but about security measures.

"This is more of a preventive measure than a relaxation of detention conditions," the expert believes. — Employees of court offices — secretaries, assistants to judges, clerical staff — by virtue of their professional activities have information about cases, participants in the processes and decisions taken. Keeping them in shared cells can create risks of pressure, threats, and attempts at influence.

Albert Haleyan noted that the adopted bill eliminates the legal void and brings industry legislation in line with the Constitution.

— This is an act of restoring constitutional logic. Judges are inviolable, and the procedure for bringing them to justice is much more complicated than in the case of a staff member. But once in jail after being detained, both the judge and the court clerk face the same environment," he stressed and agreed that placement in separate cells or specialized institutions is a security measure.

The decisions of the Constitutional Court have direct effect, therefore, the administration of the pre-trial detention center and the courts should already be guided by the new rules, the lawyer said.