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Where to complain about the judge? Higher Qualification Commission of Judges. The Supreme Court of the Russian Federation. Judicial structure

Often, citizens are dissatisfied with the judicial measures taken regarding their personal issues. In this regard, the question arises of where to complain to the judge. We will talk about where to appeal with such a complaint, as well as the structure of the judicial system and the High Qualifications Commission in this article.

Where should I file a complaint with a judge?

From the point of view of the law, any actions of a judge must be conscientious and comply with accepted standards. Thus, judicial competence, along with good faith, are necessary conditions for the performance of duties in the administration of justice. So before you try to write a complaint to the President about the judge, you should use other tools.where to complain to the judge

According to the Code of Ethics, in their work, judges are required to comply with generally accepted norms of morality and morality, strictly following the oath. The judiciary unites all professional judges. Today, the Higher Qualification Commission is the main body that has the authority to bring disciplinary citizens to a judicial position. It is designed to control the following stages of refereeing:

  • Judges of the Supreme Court of the Russian Federation (RF Armed Forces).
  • Federal Arbitration Court of a county.
  • Arbitration court of appeal.
  • Military Courts
  • Members of the Council of Judges.

The Qualification Commission considers cases of non-compliance with laws, which are called “On the Status of Judges in Russia” and “The Code of Judicial Ethics”.

So the question of where to complain to the judge is clarified a bit. You can complain about both the action and inaction during the performance of official duties. Moreover, an offense can be considered not only a violation of the laws presented, but also failure to comply with accepted standards and morality in the framework of the administration of justice.

Before thinking about where to complain about a judge, it is important to understand the differences between illegal procedural measures and the wrong behavior of that person. Actions must have some kind of procedural form (for example, an act or an entry in the protocol to provide an opportunity to appeal them to a higher authority).

Incorrect behavior refers primarily to the violation of moral and ethical requirements. An example in this case can be considered rude and intolerant, as well as tactless or disrespectful to existing participants in the trial, and then the process will involuntarily raise the question of where to complain to the judge.

Gender, racial and religious prejudices also appear to be inappropriate. The reason for the accusation may be the disclosure of information that was obtained in the framework of the duties, and the like.sun rf

Types of Disciplinary Responsibility

So, two options of disciplinary liability can be applied to judges:

  • Warning or remark.
  • Premature termination of authority.

Citizens can submit a direct complaint about judicial actions to the Qualification Commission independently or through the chairman to suspend the powers of a judge.The Commission of Judges, in turn, considers the complaint on its own or sends it for review to the chairman of the corresponding higher instance. Most often they send a complaint to the chairman of the court for verification purposes.

In the event that a citizen has a complaint to a judge regarding the organizational issues of work, it is best to contact the chairman of this authority, since it is he who organizes all the activities of the court, establishing the internal rules, and also monitoring their implementation. The president of the court also distributes duties between his deputies and judges.

Any decision of the commission can be challenged in a specialized judicial authority. It is important to note that complaints must be considered no later than one month from the moment they are received.

What information should be indicated when compiling a complaint against a judge?

When submitting this document, the applicant must indicate the following information:judicial structure

  • Your personal data, namely, full name and place of residence. It should be emphasized that if this information is not available, then the complaint is recognized as anonymous, and it will not be considered.
  • It is also required to indicate a full name. judges whose actions are subject to appeal.
  • The name of the court in which the accused official conducts business.
  • A detailed and reasonable description of the essence of the claims against this judge.

When can a complaint be dismissed?

A complaint may be rejected if all of the above information is not provided, and in addition, in the following situations:

  • Appeal of a judicial act.
  • The presence of obscene or offensive phrases in the complaint along with threats.
  • In the event that the complaint has already been answered before and the claim does not contain any new facts and arguments.
  • In situations where the complaint relates to secrets protected by federal law.
  • Lack of information about a judge committing a disciplinary offense.

The complaint about the decision of the judge should be sent through the expedition in which the judge works, or directly to the Qualification Commission by mail. The chairman of the court, as well as the commission, must respond to such appeals and, as a result, raise the question of holding an official responsible if there is a disciplinary offense.

It should be noted that the procedure for holding judges accountable is fixed in the legislation and does not require any material costs on the part of citizens in the form of payment of state fees, fees and the like.

judiciary

Supreme Court of Russia

The Supreme Court of the Russian Federation (RF Armed Forces) in our country acts as a body that deals with civil matters, resolves economic, criminal, administrative and other disputes. Thus, this authority carries out judicial supervision of the performance of activities of lower instances in the forms provided for by law, and, in addition, carries out procedures within its competence in the role of appeal and cassation body.

High Judicial Commission

The High Qualification Commission of Judges consists of twenty-nine members.
Since 2002, a third of its composition are members of the public. This authority is called upon to resolve the following issues:

  • Involving retired judges in the performance of their duties.
  • Certification of judges along with assignment of qualification classes to them.
  • Granting consent to the appointment of an official to a judicial position.
  • Suspension or renewal of the powers of judges.
  • The selection of candidates for judicial office.
  • Imposing disciplinary sanctions on judges.
  • The exercise of other powers.
  • Termination of judicial authority.
  • Termination of the resignation of judges.

Judicial structure

In our country, all judicial bodies form federal courts and entities.This division is explained by the need to provide entities with some powers related to the creation of the judiciary. complaint to the president against a judgeThe federal courts in Russia are the following authorities:

  • Constitutional Court.
  • Supreme Court.
  • Courts of subjects of Russia.
  • District courts.
  • Military courts that make up the system of federal courts of general jurisdiction.
  • Superior Court of Arbitration.
  • Federal Arbitration Courts.
  • Cassation instances.
  • Appeal instances.

The courts of the constituent entities of the Russian Federation include:

  • Constitutional or statutory courts of the country's subjects.
  • Justices of the peace.

The Constitutional Court is considered the highest body in criminal, civil and other matters. He exercises procedural supervision over their activities, giving clarifications on issues of judicial practice. The Supreme Arbitration Court resolves economic disputes and other cases, exercising supervision of their activities in matters of judicial practice in the prescribed forms.

It should be noted that the highest judicial authorities do not have authority over other courts. As part of the civil and criminal proceedings, a procedure has been established for interaction between authorities at different levels. The Constitutional Court and the statutory bodies of the constituent entities of Russia are also not in a relationship of power and submission to each other. They carry out their activities within the existing powers, while they are not connected with each other in any way.

Courts, which are part of a single system, differ in the scope of their competencies. Allocate the links of the judicial system, that is, the totality of bodies that are vested with powers that distinguish them from others, according to which they can simultaneously coincide in relation to each other.complaint to the president of the court

Given the fact that the Constitutional Court and the statutory instances of the entities are not functionally interconnected, they also do not form various links.

The components of the judicial structure can be distinguished in the bodies of general jurisdiction, for example, against the background of criminal and civil cases, and they can also be traced in arbitration instances.

Judicial system: general jurisdictions

In courts of general jurisdiction, all bodies can be divided into the following links:

  • District, and in addition, inter-district courts, which form the main link.
  • Garrison military courts.
  • Justices of the peace.
  • The courts of the constituent entities of Russia, which form the middle link.
  • Military Courts
  • Supreme Court as a senior representative.

Arbitration Courts

The arbitration courts also have their own divisions:

  • The main link is the arbitration court of the subjects.
  • The middle link is the appeals and cassation instances.
  • The highest level is represented by the Supreme Arbitration Court.

Litigation

Courts, among other things, are subdivided on the basis of jurisdiction, which depends on what type of activity they carry out. So, in the framework of the consideration of criminal and civil proceedings, as well as cases of administrative violations, a court is allocated. Such a court performs a certain function, which is associated with the consideration and resolution of cases. As part of the work of this body, cases are examined on the merits, as well as the verification of legality is carried out along with the validity of decisions made by other judicial authorities. suspend the powers of a judgeThe procedural legislation distinguishes the courts of first and second instance:

  • The court of first instance is the authority that takes decisions on the merits of cases that are in its production. The courts of this instance, depending on groups of civil or criminal processes, are usually district and military. Administrative cases in the first instance are adjudicated by justices of the peace.
  • The second instance courts examine complaints of interested citizens or, based on the representation of the prosecutor, establish the validity and legality of the decisions that did not have time to enter into force.In bodies of general jurisdiction, which act as courts of second instance, appeals are carried out along with cassation proceedings.

Both civil and criminal cases are considered on appeal if the decisions made by the first instance court have not yet entered into legal force. The meaning of the appeal proceedings is that a repeated investigation and analysis of the evidence is carried out, and the new decision made on a particular case may differ significantly from the original. A complaint against a justice of the peace is filed with a higher authority.

Unlike appeals, cassation measures involve a review of decisions in cases that have entered into legal force. The role of the courts of cassation is played by bodies that are superior to the appeals. For example, if the criminal case was examined in the first instance, then the judicial board dealing with criminal cases will act as the appeals body. The presidium of the court of the subject of Russia will act as a cassation instance.

Regarding the arbitration process, courts of appeal act as bodies to verify the legality and validity of judicial acts, which are adopted in the first instance. In total, twenty appellate arbitration courts have been formed in Russia today. Each of them checks the acts that were adopted by the arbitration bodies of several Russian regions. When asked about where to complain about the district judge, the answer is: to a higher court in the manner prescribed by law.

The supervisory authority is formed by the highest judicial bodies, which are represented by the Supreme and Supreme Arbitration Courts. The presidiums of both of these instances are involved in the verification, as part of the supervision, of the acts and decisions of all other bodies that have entered into legal force.


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