As in any other civilized state, the rule of law prevails in Russia. Without exception, all citizens, officials, government bodies and organizations are required to comply with internal laws and international treaties recognized in the countries. If they are not followed, the punishment should be ensured by the judicial authority. In the Russian Federation, the only bearers of such power are judges. They have special independence from any kind of power and are subject exclusively to the law. However, Russian judges must comply with the established requirements.
The legislative framework
The basis of legislation relating to judges is the Constitution of the Russian Federation. The second most important normative act is the Law of the Russian Federation of June 26, 1992 No. 3132-I “On the Status of Judges in the Russian Federation”. It is these legislative acts that determine the requirements for judges, their rights and obligations, powers, the procedure for appointment to the post.
Constitutional requirements for judges of the Russian Federation
The judicial branch is devoted to the 7th chapter of the Constitution of the Russian Federation. Article 119 determines that judges can be people who have the citizenship of the Russian Federation, have reached the age of 25 years, have at least five years of experience in the legal profession, and have a higher legal education. The same article states that additional requirements may be established by federal laws.
The requirements for judges of the Russian Federation cannot be called unreasonable. In order to enforce the law in the country, it is necessary to be its citizen, to have a certain education as confirmation of the necessary knowledge, special experience both in the profession and in life.
Inconsistency in requirements
Of course, these are just generalized requirements for judges. Firstly, the concept of “length of service in the legal profession” includes not all professions in this multidisciplinary industry. We are talking about work in the prosecutor's office, judicial authorities, the legal profession, legal departments of public associations, government bodies, commercial organizations, scientific and teaching activities related to the field of law.
Secondly, despite the fact that the age of a judge begins from 25 years, in practice, they become judges much later. This is due to the fact that it is difficult to start legal activity to obtain the necessary length of service and experience, even in the last courses of the institute. At the age of 24-25, young people graduate from the university, and only after that they begin to work. As a result, they become judges after 30 years of age. In addition, 25 years is the age to which candidates for magistrates ought to meet, for higher judges a different age is set. For a superior judge, this is 30 years, for a judge of the Supreme Court - 35 years.
Thirdly, similarly to age, 5 years in the legal profession - experience related exclusively to justices of the peace. The Law on the Status of Judges defines the 10-year experience required to become a judge of the Supreme Court.
In addition to the basic requirements of the Constitution for judges of the Russian Federation, it is assumed that a person will not be recognized as legally incompetent or incompetent at all, will not be registered in a neuropsychiatric and narcological dispensary, and will also not have diseases that could interfere with judicial activities. A judge must also not have the citizenship of another state, residence permit in another state or permanent residence outside of Russia.
Judged by a worthy citizen
In the face of a judge, people should see a worthy member of society, fair, honest. With a good reputation. That is why judges are denied status as judges who have committed acts that defame him, have been convicted, and therefore have not received the recommendation of the qualification collegium of judges.
The appointment of judges does not work without first collecting information about candidates for this post. Everyone takes into account: parents, close relatives, characteristics from work, educational institutions. There is little chance of becoming a judge for those who have been convicted of receiving and giving a bribe.
Exam
Qualification requirements for judges require them to pass a special exam. It starts like this. If there is a vacant position in court, the chairman shall inform the qualification collegium of judges about this fact. He does this within ten days from the moment of opening the vacant position of judge. The board is announced openly, with the help of the media about the availability of a vacant judge, and also reports the place and time of receipt of the application for those wishing to take this position. Candidates are stolen on a competitive basis.
In order to check the availability of the necessary skills, knowledge and skills necessary for the judge, an examination committee is formed, which conducts a special exam in order to establish these facts. The right to pass this exam is anyone who meets the established requirements. Together with a statement of desire to take a position and pass an exam, he provides an original identity card and citizenship (passport). In addition, there is a questionnaire, which indicates biographical information about yourself, the originals of documents confirming the necessary education, documents confirming the necessary length of service (for example, a work record), as well as a certificate of medical examination, during which no obstacles to the judicial disease activities.
Persons with the degree of Doctor of Law, Candidate of Law, and the title of “Honored Lawyer of the Russian Federation” are exempted from the qualification exam.
Limitations
Along with vesting a citizen with the judiciary, many restrictions come. So, a judge is forbidden to be elected as a deputy, to be an arbitrator and an arbitrator. He cannot join any movements and political parties, nor does he express his personal opinion on them in public form. The judge should treat everyone the same and not give preference to anyone. The judge has no right to carry out entrepreneurial activity, occupy positions in any state bodies and, in general, engage in any work other than creative, scientific, literary and teaching.
Judges are forbidden to open or even have deposits and accounts with foreign banks, as well as to store money in them, albeit honestly earned. The same applies to spouses and children of judges. All foreign financial instruments are prohibited. This rule is due to the fact that judges of Russia can be influenced from abroad otherwise, which can undermine the entire judicial system of the country.
Under the ban, and any statements to the public regarding the subject matter considered by him in court. Before the court decision comes into force, he is forbidden to communicate with journalists on this issue, to make any statements. Judges cannot receive remuneration not stipulated by law for their work, that is, loans, services, payment of rest and entertainment programs, payment of transport expenses, any other remuneration. This is considered as taking a bribe, which is punishable by law and entails the deprivation of the status of a judge.
The requirements for judges also stipulate that during the exercise of his judicial activity and even outside of office hours, a person cannot perform any actions that could belittle the authority of the entire judicial power that he represents in the eyes of the public. Otherwise, he may lose his status.
Requirements for a Judge of the Constitutional Court
Judges of the Constitutional Court examine especially important issues regarding the main legislative act of the country (the Constitution of the Russian Federation), as well as international treaties, disputes between government bodies and entities. That is why the requirements for judges of the constitutional court are more stringent than for other judges.
A citizen of the Russian Federation who has reached the age of 40 years and has a higher legal education and a total length of service in the legal profession of at least 15 years can become such a judge. Moreover, his high qualifications and knowledge in the field of law should be recognized by a special judicial commission, and his reputation in the literal sense be impeccable. The term of tenure in the post of constitutional judge has not been established; in general practice, judges leave this post upon reaching the age limit of 70 years.
Justice comes first
The moral requirements for judges are not regulated by law, but they are given special importance. Judges, like the judiciary as a whole, must be fair. Any law-abiding member of society, crossing the threshold of the court, hopes that the court will stand exclusively on the side of the truth, actively defending it in all possible ways. Justice acquires special significance in criminal proceedings when it comes to the most important human benefits, life, health, and moral aspects. Such cases are not just misconducts, crimes, and therefore it is very important to understand the matter objectively.
Ensuring justice goes hand in hand with the moral qualities of a judge and his professional skills. In order to correctly apply the law, it is necessary to know and interpret it properly, to establish the truth with its help, you must be able to look deep into the problems. In a fair trial, the guilty are punished, the innocent are acquitted, and those whose rights have been violated remain satisfied with the judgment.
Special Psychology and Personality
Even if a person received a law degree, this does not mean that he has the necessary qualities in order to be a judge. In addition to logic, analytical mindset, the ability to highlight the most significant points from the general flow of information, in other words, the skills inherent in all lawyers, he should be able to:
- Long term memory. If you rely solely on the minutes of the hearing, a fair decision will not work. The judge must remember all the nuances of the case.
- Concentration of attention. Not all cases look like an exciting judicial thriller. Sometimes you have to listen to dry testimonies of experts all day in a row, to analyze cases on the division of living space, the status of the land. Requirements for judges do not allow distracting oneself from one’s personal thoughts; the judge must immerse himself in the case that is being examined at his meeting.
- Special observation. Sometimes facial expressions, pantomimics speak more than words. Russian judges must be able to unravel the emotional camouflage of those involved in the case. This quality is also necessary in order to notice what the investigation and lawyers might have missed.
- Finding a common language with the participants in the case. If prosecutors, lawyers and experts are able to communicate in a dry legal language, clearly communicate their thoughts to the court, then this can sometimes be beyond the control of an ordinary citizen. People of different nationalities, mores, temperaments, social and financial situation come to court. You can not force a person to change the style of presentation of their thoughts.That is why the judge must understand all walks of life. If there is a criminal element in front of him and they use phrases of criminal jargon, judges sometimes have to resort to understanding such things.
- The culture of speech. In the legal profession, the word generally has a special weight. But if lawyers, legal advisers can afford to express themselves with the use of jargon, then the judge, as a representative of the judiciary, must formulate his thoughts with all severity and not allow too much.
- Humanity. Yes, on the one hand, the judge must be able to be reasonable, impartial and not switch to emotions. But with all this, he simply can not be a robot, otherwise he simply is not suitable for such a job. The judge in the proceedings does not deal with robots, but with living people who have their own feelings. He needs to try not to offend anyone and not infringe on anyone's rights.
What society wants a judge to see
First of all, society wants to see a judge honest. This is an essential requirement for his moral character. He must be sincere both with everyone else and with himself. Without this, it is impossible to ensure the fairness of judicial decisions. Unfortunately, this is precisely the quality that most judges lack. Today in our country, this has turned into one huge problem. People come to court, counting on a fair decision, and are eventually disappointed in the entire judicial system. According to the constitution, all people are equal before the law, in practice, having great resources, you can bribe judges. The judge promises the honest fulfillment of his obligations at the time of taking the oath, and therefore he must unquestioningly follow this.
Further, by the significance of his qualities, an increased sense of duty follows. Putting on a judicial mantle, a person should understand that he is the judicial power, therefore it is unforgivable for him to make mistakes. People go to court for protection. A judge is a defender of all citizens who are offended, disadvantaged, illegally convicted. The activities of a judge in this sense greatly affect the cohesion of the population. Without any protection behind their backs, people will not value their country. A country where criminals go unpunished will not be defended, and no one will want to work for the sake of such a country.
Society also wants to see an authoritative citizen as a judge. He must earn universal respect due to his right actions, life, decisions, sentences and decisions. Only then people are ready to listen to what this person is saying and to fulfill all his instructions. A soft-bodied person who is not able to pacify the court is unlikely to reach heights in his judicial activity.
Such extensive requirements that apply to judges are connected with this fact. The judge must be a worthy person in the person of society. So it should be in fact. It concerns absolutely all aspects of his life. The judge cannot take off his robe after work and will go to play underground gambling. This is a responsible position that does not tolerate any errors.
