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(1) The president of the court rules on motions for recusal referred to in Article 42 of thisCode.(2) Where the recusal is sought of a president of the court, or a president of the courtand a judge or lay judge, the recusal ruling will be rendered by the president of theimmediately higher court, and where the recusal of the president of the Supreme Courtof Cassation is sought, the ruling will be delivered by a general session of the judges ofthat court.(3) Before a ruling is issued on a motion to recuse, statements shall be taken from thejudge, lay judge, or president of the court, and other actions shall be taken as required.(4) Rulings upholding a motion to recuse are not appealable. Rulings denying a motionto recuse may be challenged by a special appeal, and where the ruling was issued afterthe issuance of the indictment, only in appeals against judgements.(5) Where a motion to recuse was filed in contravention of the provisions of Article 42paragraphs 2, 3, 5 and 6 of this Code, or is clearly intended to prolong the proceedings,the motion shall be denied in full or in part. Rulings denying the motion are notappealable. Rulings denying motions to recuse are issued by the president of the court,and from the date of the opening of the session – the chamber. The judge whose recusalis being requested may take part in rendering such a ruling from the opening of thesession.Article 44When a judge or lay judge learns that a motion for his recusal has been filed, he isrequired to immediately suspend all work on the case, and where recusal referred to inArticle 40 paragraph 1 item 6 of this Code is concerned, may until the rendering of aruling on the motion conduct only activities for which there exists a danger of deferrals.Article 45(1) The provisions on the recusal of judges and lay judges shall be applied accordinglyto public prosecutors and persons authorised by law to represent the public prosecutorin the proceedings, record-keepers, interpreters and other professionals, as well asexpert witnesses, unless specifically provided for elsewhere (Article 116).(2) Public prosecutors rule on motions for the exclusion of persons authorised by law torepresent the public prosecutor in criminal proceedings. Motions to exclude a publicprosecutor shall be ruled on by the immediately superior public prosecutor. Motions toexclude the Republican Public Prosecutor are subject to the application of provisions ofspecific laws.(3) Motions to exclude record-keepers, interpreters, professionals or expert witnessesshall be ruled on by the chamber, president of the chamber or a judge.(4) Where authorised officers of the Ministry of Internal Affairs – police – undertakeinvestigatory actions pursuant to this Code, motions for their exclusion shall be ruled on

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