Not everyone knows where to complain about the work of the court, although many of those who were once forced to turn to this authority faced unpleasant, unfair situations. It so happened that most feel like a kind of oppressed class, so they rarely think about how to defend their rights. Knowing where to complain to the judge of the district court, you can achieve a review of the case in your favor, restore justice and defend interests. Our country is undergoing more and more reforms of the legal system, and many are poorly guided in the introduced standards. And beautiful wordings of laws are not always implemented in practice. Nevertheless, citizens must make efforts to achieve the required justice, including knowing where to complain about the court decision.
Step by step to protect your rights
Often the problems of justice are provoked by the lack of professionalism of court employees. Often the reason is mutual responsibility, nepotism. It is necessary to know where to complain to a judge of a city court if a person is faced with a negligent attitude, inactivity of a legal officer. Many are accustomed to letting everything go “on the brakes”, and losing documents “accidentally”. Of course, this is unacceptable under the law, but citizens rarely try to defend their justice, which encourages many to continue to be irresponsible to work. You can change the situation if everyone knows where to complain about the city court, and do it if there is a reason.
A judge is an official, but a person who is also characterized by passion, affection, resentment. Not all who are in this position are decent, do not always have high qualifications. Legal documentation requires compliance with judicial ethics, but not everyone involved in the legal system in reality complies with established restrictions. Knowing where to complain about the wrong court decision, you can stimulate the legal authority to disassemble the case clearly, fairly, accurately.
When do you need help?
You need to know where to complain about the actions of the courts if, during the meeting, the representative of the justice system allows himself to ridicule the parties, make aggressive statements or raise his voice, scream. Some are openly rude to citizens, others behave as if "in a businesslike manner," while others even consider the matter in a biased manner, without even hiding this fact. Not every citizen in such a situation understands that this is illegal, and requires the protection of his rights.
If the judge has forgotten about the rules of conduct, the best way to recall this is to write a formal complaint. At the same time, one should not think that it would spoil the attitude towards the participants in the process even more - as such, there is no and cannot be a relationship with a judge, but injustice must be eliminated. Knowing where to complain about the chairman of the court, you can be forced to take your interests into account, and also forced to comply with the laws of those who are called upon to protect the rule of law. Just writing a complaint with official registration eliminates the problem of increasing voice and inappropriate behavior in the courthouse. It is noted that after such a measure of violations in the procedure there will be a minimum - although the volume of official papers is likely to increase.
Who will help?
First of all, to the question: “Where to complain to the court?” - experts advise contacting the qualification board. An alternative is the judiciary.If the court procedure is violated, if the consideration is delayed for unjustified reasons, and the representative of the court is in no hurry to fulfill the obligations assigned to him within the court, then the chairman of the court will come to the rescue. You can write a complaint to him if, for example, the parties were not sent notice of the state of affairs in due time.
The bias of the judge is another reason to figure out where to complain to the regional court. Citizens interested in a fair trial have a right of challenge. Such is unlikely to be adopted, since it is not in the interests of the judge to recognize their interest in the original decision, even direct, even indirect. Nevertheless, a statement of challenge is an occasion for a representative of a law enforcement station to start behaving in the courtroom correctly. Often questions about where to complain to a district court arise when the main participant in the process consults one of the parties directly during the meeting. If you write a challenge, such illegal behavior will cease.
And where doesn’t it help?
It is believed that among the options where to complain to the district court, the prosecutor’s office will be a good way out. This is an erroneous opinion, the staff of this instance will not help. Contacting the media will not be useful either. There is an opinion that a European court could come to the rescue - it is also erroneous. This is due to the specific position of the courts in the legal system of our country - they have a high level of independence, therefore, the indicated areas for writing a complaint do not have leverage, influence. Finding out where to complain about the court, you must first contact the authorities with specific power.
How to apply?
You need to know not only where to complain to the court, but also how to do it right. The complaint must contain a full, detailed review of the current conflict situation. If possible, you must leave links to specific case sheets. Before drawing up a complaint, it will not be superfluous to consult with a lawyer which clauses of the current legislation are violated by a representative of a legal instance. All of them must be listed in the complaint.
And that will be?
You should not hope that you will be able to dismiss the judge, only knowing where to complain to the court, and using this information. Of course, theoretically this is possible, but in practice it happens extremely rarely and shows only the presence of influential enemies of the judge who took advantage of the circumstances.
In the classic version, after 30 days, the citizen receives an official response from the court to the complaint, most often containing information that judicial behavior is outside the competence of the responding authority. Another common option is to “blame” all the blame on the assistant judge and indicate that the person responsible has been punished.
That is, no use?
Do not think that formulating a formal complaint is a waste of time. Despite the official soft answer, which does not indicate any serious measures, it must be understood that the complaint is being examined, not by the judge himself, but by higher-ranking officials - usually the chairman. Usually, as lawyers say, in such a situation, the judge is privately urged to behave more adequately within the framework of the court session.
Features of the complaint
A fairly common mistake is writing a document according to the model and sending it for consideration to the VKKS. The inhabitants, who do not have a specific legal education, mistakenly believe that a single appeal may provoke the highest judicial body in the country to deal with any case.
The specifics of the legal system in our country is such that it is necessary to have documentary evidence of literally every step. That is, the president of the state, VKKS or the chairman of the court, only on the basis of a complaint, cannot remove a judge from the process.No one can correct court decisions - this immunity is stipulated by law. However, about a third of appeals lead to disciplinary punishments, most often in the form of termination of authority for a certain period of time.
And how to achieve your goal?
In order for the complaint to give a result that is really useful for a particular case, rather than disappearing in huge volumes of workflow, it is necessary to back up the description of the situation with the most voluminous list of documentation. The best chances are those who regularly check the case file personally. In them you can find a variety of errors made by representatives of law enforcement. All these errors must be recorded, documented, saved. Even if it is a typo that seems insignificant at first glance, it deserves the attention of someone who wants to deal with judicial arbitrariness.
If inconsistencies or other irregularities are found in the documentation, the sheets must be copied and saved. It is equally important to regularly review meeting minutes. They can be drawn up in violation of the deadlines, if there is one - you need to apply for documentation. If it is revealed that the protocol diverges from the actual course of the meeting, it is necessary to formulate comments on this subject for five consecutive days.
"So they answered me!"
This is exactly what the layman will think, having familiarized himself with this sequence of actions. This is true: petitions are unlikely to convince the court of misconduct, because if this is the case, then the judges and all legal professionals understand this very well. Nevertheless, regular drafting of official papers, and in case of refusal to consider them, references to new circumstances and re-submission allow us to compose an impressive portfolio of papers, useful at the stage of proving the illegality of a court decision, court actions in a specific process.
The determination of such a process can be appealed by appeal, and to fix the meetings you need to have a voice recorder with you - according to the law, the participant has the right to record everything that happens in the hall in this way. Importantly, the judge is not required to know about the presence of a voice recorder. The most effective way to deal with violations during a meeting is to file a request for a photo or video. If the answer is yes, the meeting will be held correctly, and it is difficult to give a negative answer with adequate justification. The exception is only some specific cases related to rape, adoption.
What's next?
When it was possible to accumulate an impressive portfolio of documentation confirming the incompetence of the court, bias, incorrect behavior, it is necessary to write an appeal to the CCC. However, as practice shows, the judge is already calling to order the preparatory stage of collecting the basis for substantiating the complaint - nevertheless, the legal specialist understands what is going on and will not “chop the bitch”. If the judge continues misconduct, in addition to the complaint to the CCU, you can draw up an appeal, cassation hearing.
Important recipients: if the judge is wrong
The Federal Law, introduced under number 30, is most relevant in this matter. Articles 17-19 discuss the sequence of departments that can help a citizen whose rights have been violated in a legal instance. If a problem arose with the chairman of the Fed. court (deputy), then VKKS comes to the rescue. This must be addressed if you had to meet with injustice in the Armed Forces. But the chairmen of the district courts, their deputies - this is the scope of the KKS in a particular region. The VKKS will help if unfair situations arise in a military court. All other situations should be dealt with by the regional branches of the judicial commission.
If a citizen does not agree with the decision of the CCC, it is necessary to seek help from the CCC. From the 30th law it follows that for the period of consideration of a citizen’s appeal, it is possible to temporarily terminate judicial powers in the framework of a conflict case.KKS has a month to study the appeal, according to the law, the VKKS has a three-month period for making a decision on the issue.
To justice!
In a conflict situation, in the framework of the judicial process, they compulsorily formulate a complaint and forward it to the judicial commission dealing with this level of legal instances. To enhance the effect and attract the attention of numerous lawyers to the problem, a number of additional appeals can be sent. In particular, there will be no superfluous complaint to the president appointing judges, as well as to the state authorities that are engaged in self-government within the judicial system. The scope of functionality of each of these areas is specified in the aforementioned Federal Law No. 30.
It will not be superfluous to formulate a request to the judicial council at the level of a federal subject or state. Lawyers from the general judicial federal assembly of the Armed Forces level can come to the rescue. It is worth filing a complaint addressed to the chairman of the court, within which a conflict case is being considered. Additional appeal can be written in the name of the Attorney General. The above instances and persons do not have the authority to consider such complaints, but they can take control of the situation and monitor the situation.
What is the idea?
Forwarding complaints to these instances, which do not have direct instruments of influence on the judge, is effective due to the fact that the judiciary is currently a fairly closed specific group within which people are familiar with each other and interact closely. This does not stimulate the pursuit of justice, but can lead to dissatisfaction with a judge of the highest ranking person, and in an informal manner, he may call for the conduct of the case correctly.
A complaint can even significantly spoil a judge’s career prospects, especially if they fall into the right hands. However, even without this, the very moment of the official fixing of the citizen’s complaint about judicial arbitrariness imposes serious restrictions on the future capabilities of the official. Complaints to unauthorized judges of a particular instance must be written on the same model as a request to a panel of judges.
