How is a complaint made against a judge? Procedure for considering a complaint against a judge

According to Art. 12. 1 of the Federal Law governing judicial status, the basis for bringing an official to disciplinary liability is his commission of an appropriate misconduct. It should be understood as a violation of the norms of the Law, as well as ethical requirements approved by the BCC. In the event that any of the participants in the process considers the actions of the authorized person to be unlawful, they may be lodged a complaint with the judge.

Unlawful Act

Often, a complaint against a judge’s decision is justified by gross violations of procedural and substantive law. However, often authorized persons accepting such appeals exclude the possibility of bringing the perpetrators to disciplinary action. The complaint against the decision of the judge is rejected with reference to Art. 16, paragraph 2 of the above Law. A precept excludes prosecution for the opinion expressed during the proceedings or an act, if, having entered into force, it does not express the guilt of the official for criminal abuse or is not accepted as a counterweight to the norms. Thus, often a complaint to the panel of judges is left without consideration and returned to the applicant. The return is justified by Art. 4 Provisions. In accordance with it, the complaint against the decision of the justice of the peace, filed in connection with the disagreement with the act, is left without consideration on the written message of the chairman of the board or its member on behalf of.

Red tape

This is one of the types of gross violation of procedural law. The dragging, in other words, is an unreasonable delay of the trial on the merits or non-observance of the deadline for the implementation of other procedural rights of the parties to the dispute. As a result, participants in the process are denied the right to quickly end the conflict. The complaint against justices of the peace is most often drawn up on this basis. However, in many cases, those authorized to initiate proceedings on a disciplinary offense unreasonably refuse to make submissions. Often, qualified colleges rule out liability for red tape. The rationale is a norm prohibiting interference in the procedural activities of an official.

Special cases

In practice, the question often arises as to whether a complaint against a judge is legitimate for red tape or unethical behavior if he has not yet considered the case. Often, applicants requiring involvement in disciplinary liability officials are refused. Qualified colleges refer to the fact that no one can intervene in the organization of work, and the judge should not report on the merits of cases that are in progress. Nevertheless, as practice shows, with a timely response to such appeals, it is possible to effectively stop violations. Such a complaint against a judge often acts as the only way to protect the rights of the parties to the case.

Verification of appeal

Often, persons who receive a complaint against a judge do not hold him liable or impose a mild punishment that does not comply with the violation. According to the legislation, the accepted appeal should be checked. This is done directly either by the qualification collegium itself, or by the chairman of the relevant court. Often, applicants are asked not to redirect the appeal. At the same time they refer to the probable bias of the audit by the chairman of the court. In practice, such requests are often ignored.When applying legislative norms, it is necessary to proceed from the fact that the check should not be carried out by the one for whom written claim. Often, colleges file a complaint with the judicial department. However, the law prohibits this. Moreover, the rules do not give the judicial department the power to examine complaints. The qualification body may only submit a complaint to the chairman of the relevant authority. He also has the right to re-check if the first was unsatisfactory. But in practice this is extremely rare. Many qualification bodies send original copies of complaints and their annexes to the presidents of the courts. As a result of the audit, all these papers are not returned, which deprives the collegium of the opportunity to carry out the audit.

The timing

According to Art. 25 Federal Law Regulating Activities judicial community The Higher Qualification Collegium must consider the complaint no later than three, and the authorities of the constituent entities of the Russian Federation - one month from the date of receipt of the application. As practice shows, very often these terms are delayed. The correct behavior of the qualification collegium, sending claims for verification, is considered to be such in which the authorized body clearly sets the period for the necessary procedures. This fact disciplines the chairpersons well.

The appeal to the magistrate: the general procedure for drawing up

Given the above, not everyone is in a hurry to challenge the actions of officials. The main reason for inaction is the unwillingness to provoke more irritation of the judge. Nevertheless, inadequate conduct by officials still compels them to write a complaint. An application may be filed within a month from the date of the final determination of the case. In practice, the appeal is addressed to the district court where the judge is working, against whom the complaint is being written. The application is accompanied by documents that were submitted during the proceedings. The provision of other securities is allowed, but it should be justified why they were not involved in the process. If the complaint is rejected, you should contact the qualification board. To make a claim, you can use the help of a lawyer. However, you can write it yourself.

Sample Judge Complaint

Claims are subject to certain requirements regarding its content. The complaint addressed to the court should indicate the name of the court, the details of the applicant. The content summarizes the circumstances of the case, indicates violations. The latter should be justified by reference to regulations. In conclusion, the request is indicated to review the decision and bring the judge to disciplinary action. The following is a list of applications, put a signature and a number. The claim to the qualification collegium is addressed to its chairman and sent to the regional court. It also contains the details of the applicant. The content also sets out the circumstances, describes the violations. It should also be indicated here that the claim was sent to the chairman of the court, but was not satisfied. A statement should be attached to the application, denying the requirements. Then, as in the previous time, a request for disciplinary punishment and review of the decision is stated. You can write to the High Council of Justice or send a complaint to the Presidential Administration. However, such appeals will be sent to the body authorized to consider them.

Additionally

You can ask at the beginning of the proceedings challenge judge. This right is used in cases where the consideration of the claim has been carried out for too long, meetings have often been postponed, there is an official's interest in the outcome of the case, or there are doubts about objectivity. In these and other cases, you can express distrust of the judge and write a motion to remove him from the case.

Important point

Citizens have the right to file a private complaint. This opportunity extends to the definition of an official. For example, it may be a judicial act to return an appeal or to leave it without consideration. In this case, the application may be filed within fifteen days from the date of adoption of the determination. The court of appeal is obliged to consider the complaint (if it is drawn up in accordance with the requirements). Based on the results of the verification, a determination is made:

• Leave the act unchanged, and the claim dismissed.
• Cancel the definition in part or in full.

The appellate court may also consider the merits of the case (in the latter case). The issued determination shall enter into force upon adoption.

Grounds for cancellation of the act

The requirements of substantive law are considered incorrectly applied or violated if:

1. The relevant law was not used in making the decision.
2. The norm was applied incorrectly.
3. Not the law that was needed was used.

Incorrect application or violation of procedural requirements may serve as the basis for the annulment of the decision if it could lead to or led to an incorrect outcome of the case. Cancellation of an act is carried out regardless of the arguments of the cassation statement if:

1. The case was considered in an illegal composition.
2. The trial was carried out in the absence of any of the participants who were not notified of the time and date of the hearing.
3. The rules on the language of the conduct of the case were violated.
4. There is no signature of authorized persons in the judicial act or it is certified by officials who did not participate in the proceedings.
5. Missing meeting minutes.
6. The rule on confidentiality of the meeting was violated.