There is a procedure for appealing a court decision that is clearly prescribed in the Code of Criminal Procedure, the Code of Civil Procedure, the Arbitration Procedure Code, and the Code of Administrative Offenses of the Russian Federation. An appeal is filed against a decision that has not entered into legal force. If the decision has entered into force, you can exercise the right to file a cassation or supervisory appeal. At the same time, in some cases, a participant in the process may not agree with the actions of the judge, and not with his decision. Moreover, some rulings and court decisions do not provide for a separate appeal.
How to properly respond to unlawful actions of judges? We will tell you in our article what methods you can use to complain about judges.
Responsibilities
The main function of an official is to make fair decisions in accordance with the letter of the law as set out in the Constitution of the Russian Federation.
Before any case considered, the judge must carefully study all its aspects, all materials provided by interested parties. During the meeting, he carefully listens to the arguments of the plaintiff and defendant (prosecution and defense), considers the collected evidence and evidence.
Being a representative of the highest authority, the representative of the described profession makes the decision independently, retiring for this purpose for a certain time. Let us note that a judge is an absolutely independent person, not accountable to anyone.
His responsibilities also include the selection of specialists for the court staff, their training, distribution and designation of the type of activity, and referral for advanced training. The profession also has jurisdiction over the organization and control of the activities of the entire judicial apparatus.
Required knowledge and skills:
- knowledge of all norms and acts of law;
- knowledge of procedural law;
- analytical and logical thinking;
- ability to summarize available facts;
- communication skills;
- ability to concentrate for long periods of time;
- good memory;
- the ability to control one’s own emotions;
- erudition;
- the ability to quickly switch attention from one object to another;
- rationality;
- psychological balance;
- impartiality and objectivity.
Story
The first trials were carried out in ancient times. We all remember the legends about the just King Solomon, who administered justice when resolving disputes among his subordinates. He was famous for his great wisdom and making correct and accurate decisions. The legal case originated in ancient times. In those days, rulers - emperors of states who personified the letter of the law - acted as judges. For the first time, judges who were elected by voting appeared in Athens. They were elected for a period of 1 year. There were about 6,000 such representatives. In further history, judges appeared in England in the 12th century. They traveled and represented the king in resolving various conflicting issues of his subjects. Their decisions were called precedents. This is how the legal case began. On the territory of the Russian Federation, the legal case arose during the times of Kievan Rus. The prince acted as a judge. Emperor Peter the Great was the first to define this position in 1713. He called this position Landrichter. The judicial system we are familiar with arose in 1864 through the reform of the same name. Nowadays, the judge is the dispenser of justice. He, based on the evidence base of the prosecution and defense and the regulatory framework of the law, makes guilty or acquittal verdicts. The judge also determines the degree of punishment depending on the incriminated and proven articles of the criminal code. It is this specialist who makes decisions in various civil disputes and processes.
Places of work
Having received a profession and qualification, a specialist can work in court:
- regional;
- urban;
- regional;
- regional;
- military;
- specialized, etc.
You can engage in scientific or teaching activities.
Important!
A judge has no right to: engage in entrepreneurship or other paid work, except for public service. It is prohibited to serve on the board of trustees or other boards of foreign companies, or to engage in or support political activities.
Complaint to the chairman
If you notice a violation by a judge, then first of all you should contact the chairman of the court. The fact is that the courts have a certain hierarchy, and a complaint to a higher court can be very useful if you need to point out the mistakes of a junior court. That is, if you want to influence the magistrate’s court, you should complain to the chairman of the district court.
There is no sample complaint against a judge to the chairman - this is a free-form statement, and it can look like anything. The main thing is to adhere to the general rules and indicate the following important data:
- Who files the complaint;
- Who is the complaint against?
- What case is being considered in court;
- What violation was committed?
In this case, the only measure that the chairman can apply is to impose a penalty. At first glance, this is not a very serious measure, but it is not so - most judges value their reputation, and such penalties can have extremely negative consequences. So judges, as a rule, do everything to correct these penalties as soon as possible.
Specialization, career and prospects
The profession has several specialized areas:
- civil cases;
- criminal;
- administrative;
- economic;
- juvenile (for minors);
- military court;
- appeal and others.
The career develops progressively and depends on the acquired experience of the job applicant. They usually start as a secretary in order to have experience in organizational activities and study procedural standards.
This is usually followed by the position of assistant judge, then the acquired experience and required work experience allow you to apply to the qualification commission to take the exam for the position.
The highest step on the career ladder is arbitration. A candidate for such a prestigious vacancy must undergo verification with the help of several services - the Ministry of Internal Affairs, the FSB, the prosecutor's office, customs, and in addition, have an impeccable reputation and excellent health.
Did you know?
The first position of provincial judge was introduced in Russia in 1713 by Peter I.
Irremovability of judges
The advantage and at the same time the disadvantage of the profession remains the irremovability of judges, enshrined in the Constitution. Having taken a position in court, a specialist can work in it until retirement or until age 70, or leave it when moving up the career ladder.
On the one hand, this feature of the profession guarantees stability. The risk of dismissal is minimal, and in order to lose a position, you need to commit an offense that is contrary to the law or judicial ethics.
On the other hand, this seriously limits the number of vacancies in the profession. There is no staff turnover in this area, and you can wait a very long time for a vacancy to appear.
Judge salary
Information on salaries is available on the authority’s information sites, and the average income of judges is as follows (in rubles):
- global - 60–70 thousand;
- district - 100–110 thousand;
- federal (region, territory, republic) - 150 thousand;
- regional - 200–360 thousand;
- Supreme Court - 300–500 thousand;
- secretary and assistant in the capital - 12–15 thousand;
- heads of the apparatus department in the capital - 20 thousand.
In addition to the salary, there are additional payments, the amount of which depends on the level of qualifications, as well as bonuses for length of service and the presence of an academic degree. The position includes a full package of social services and benefits. There is a separate allowance for working in difficult living areas, for example, in the Far North.
The judges told Legal.Report about how lawyers should behave during the trial
Legal.Report decided to look at lawyers through the eyes of a judge and talked about this with several servants of Themis. The judges categorically refused to give official interviews, citing legal and ethical prohibitions. However, in private conversations they willingly shared their experiences and observations. The judges also gave advice to defense attorneys on how to behave during the trial, and to their clients on how not to make a mistake in choosing a lawyer.
What lawyers should not do during the trial
Provoke the judge
Sometimes a lawyer behaves defiantly towards the judge and other participants in the process. For example, he recuses people for no reason and accuses them of being biased. Judges even have a joke about this: “Every challenge + a year to the sentence.” In reality this is, of course, not the case. However, as in every joke, there is “a grain of joke” here.
Replay
Trying to impress, a lawyer sometimes plays to the public. He tries to create a nervous atmosphere with his speeches, makes countless overlapping premature petitions, makes populist statements and the like. The calculation is based, first of all, on the defendant, on relatives, and on other persons present in the courtroom.
Inexperienced people may indeed get the impression that a “lawyer does his best” to earn his fee. However, all this does not make any impression on the judge. And those who have already gone through legal proceedings know the value of such performances.
Deliberately delaying the process
It happens that lawyers say that “this document was sent to us yesterday, we did not have time to familiarize ourselves with it,” and therefore they ask for a break. Or they refer to the fact that they did not have time to familiarize themselves with the documents, since they “just got involved in the case.”
Indeed, it happens that you entered into an agreement with a lawyer late or other circumstances occur. However, the judge only needs to look at the warrant, which was issued 2-3 weeks ago, and everything becomes clear. Or, for example, the judge knows that this lawyer called the secretary a long time ago and inquired about the date of the trial.
Another typical case. In a long-term case, all participants know what stage of the trial will be next. Moreover, the presiding officer warns that a debate between the parties is planned at the next meeting. And suddenly the lawyer says: “I didn’t know, I need additional time to prepare for the debate.” He definitely won’t score “points” for his client with such behavior.
Don't prepare for the process
There are cases when the defense attorney is simply not ready to participate in the process and does not know the case materials well. The judge does not always see this immediately, but during the judicial review it becomes obvious. Especially at the research stage.
Repeat
Usually, if several lawyers defend one defendant, then among themselves they determine which aspects each will dwell on in detail: assessment and analysis of evidence, characterization of the defendant’s personality, procedural violations, and the like. But it happens that each of the lawyers, one after another, consistently says the same words, gives the same arguments. And the presiding officer is obliged to give the floor to each participant in the process.
Repetitions are committed either due to lack of professionalism, or in order to prove to relatives that each defender earns his money. However, this only annoys the judge, and for relatives it is a good reason to think about whether they need to pay for so many lawyers.
Violate the agreed procedure and schedule for consideration of the case
In large trials where several defendants are involved, and each of them has 2-3 lawyers, witnesses, specialists, and the judge are forced to plan their work. Set dates for court hearings, plan the questioning of victims, calling witnesses, taking into account the workload and employment of defense attorneys in other trials.
But then one of the lawyers at the last moment declares that he cannot come. Or suddenly at a court hearing he says that he is not ready for the hearing today. This entails delaying the process. This behavior is unethical for all participants.
It is untimely to report illegal methods of investigation
Lawyers often complain about the use of violence in the pre-trial stages. The court is obliged to check these circumstances and give its assessment.
However, when a statement about beating is made at the stage of argument before a judge, any person has a question: why didn’t they talk about this earlier? The preliminary investigation lasts 6 months, another 2-3 months - the trial, and only now a statement is received: “We were beaten.”
Sometimes they say that they were afraid. Well, okay, initially we were afraid. And when the lawyer had already entered the case, what stood in the way? Why didn't you contact the prosecutor's office? To higher investigative authorities? Of course, the judge will be critical of such statements.
Try to negotiate with the judge
Various requests from lawyers outside the meeting are sometimes received. They are never satisfied. Sometimes things get funny. For example, a lawyer outside the trial asked for a verdict “later.” The case was filed in the fall, and the defendant, realizing that punishment could not be avoided, asked for a sentence to be passed in the spring. This is for the criminal to “leave” the pre-trial detention center in the spring and summer, when it is warmer. As a result, I left “on schedule.”
Some advice for those looking for a lawyer
Is it worth retaining an appointed lawyer?
Depends on the specific lawyer. Many, due to their duty as lawyers, due to their upbringing, even work better for their intended purpose. “You know, like a village doctor: his salary is not very good, but he is bound by the Hippocratic Oath,” one of the judges told us.
If you are satisfied with the same lawyer, you can enter into an agreement, then he will have a wider range of responsibilities, for example, he will go to the detention center more often. But it is impossible to say unequivocally that this fundamentally changes the quality of the defense lawyer’s work during the trial. If the lawyer’s work as assigned is not initially satisfactory and funds allow, then it is better to replace him.
Does it make sense to hire an expensive and famous lawyer?
The judge does not know what fee was paid to the lawyer, and it does not matter to him. So there is no clear answer to this question. It is better to follow the advice of friends and acquaintances. It might be worthwhile to study media publications, the judges told us.
There is a strong opinion that it is worth hiring lawyers from a bar that is located next to the court. Supposedly this indicates the necessary connections.
This is wrong. Anyone can rent premises near the court.
Which lawyer should you choose if the case is being tried by a jury?
Here the leading role is played by the ability to work for the public, emotionally, visually and in the correct sequence to present evidence from the defense. Also, the defender must understand how to fully use photo and video materials, and correctly arrange the psychological and emotional aspects. Unfortunately, most of these points can only be understood during the process. However, some show “acting skills” in private conversations.
Who is the profession suitable for?
Deciding human fate is a dangerous profession: there is often pressure and even outright threats from criminals. Therefore, anyone who wants to master a profession must be emotionally and psychologically stable.
A person must be objective, honest and fair. The applicant for the position must have a crystal clear reputation and high moral character to resist attempts to intimidate, bribe or blackmail into making decisions in favor of specific individuals.
Important!
A judge has the right to store, carry and use firearms for self-defense.
Description
A judge is a person responsible for making decisions in various controversial situations. These can be both criminal cases and simple matrimonial litigation. This position is not subordinate to management structures and is positioned separately from the government apparatus. The judge is always impartial in his decisions and is guided only by the constitution and laws of the state.
The profession of a judge is quite complex and labor-intensive. This specialist must keep in his mind a lot of legislative norms, acts and rights. He must be able to analyze and summarize evidence to make sound decisions.
This profession is quite dangerous and is associated with constant mental stress. After all, cases are different and the persons involved in them often resort to attempts to put pressure on the judge.
Demand - is it easy to get a job?
The profession is considered widely in demand, although getting a position is not so easy. Vacancies appear when a current official moves to serve in a higher authority or retires.
To obtain the desired position, a certain length of service, experience, successful passing of an exam and access to voting are required, since the position is selective.
According to statistics from the Judicial Department of the Russian Federation as of June 2021, the Qualification Board of Judges of the Moscow Region opened 27 vacant positions.
Peculiarities
The features of the judge's profession are quite unique. Let's look at them in more detail:
- State nature of activity.
- The court affects the rights of citizens and their interests, therefore the judge must fully comply with moral standards, be principled and objective.
- In this profession, independence and obedience exclusively to the law are extremely important.
- The judge bears full responsibility for the decisions made.
- Judges hold open sessions, so their objectivity, independence and correctness of their decisions are monitored by the public.
A candidate for this position must meet a number of requirements:
- The candidate's age is from 30 years.
- Experience in jurisprudence - 5-7 years.
- Passing a difficult exam.
- Obtaining a majority of the commission's votes.
How to become a judge
First of all, you need to get an education in the field of “Jurisprudence” or “Legal Support of National Security”. After receiving higher education, you need to gain experience and work experience of at least seven years. You must then apply to the panel of judges to take the examination for the position.
Did you know?
The world's first practice of selecting a judge by voting originated in Ancient Athens.
Education can be obtained at the following universities in the country:
- Moscow State University (MSU);
- Russian Academy of Justice;
- Tolyatti State University;
- Russian State Humanitarian University;
- Moscow Financial and Legal Academy;
- Vladivostok branch of St. Petersburg State Unitary Enterprise, Jurisprudence (bachelor's degree);
- Moscow Finance and Law University, Legal support of national security (specialty);
- Nizhny Novgorod State Agrarian University, Jurisprudence (bachelor's degree);
- St. Petersburg State Administration of State Administration, Jurisprudence (bachelor's degree).
Requirements for a judge
According to the Constitution of the Russian Federation, a person applying for this responsible position must meet the following requirements:
- have Russian citizenship;
- do not have citizenship or residence permit of foreign countries;
- have a higher legal education;
- not have any criminal record or even prosecution by internal authorities;
- be fully competent;
- not be listed either in the past or in the present as a patient of drug treatment or psychoneurological clinics, do not have such disorders or addictions;
- have no other illnesses that may affect the performance of duties.
Important!
If, during the consideration of the case, an event occurred that led to a conflict of interest, directly or indirectly affecting the judge, then he is obliged to recuse himself.
The position imposes special responsibility - it is important to always control your emotions and actions. Nothing should cast a shadow on the authority of the judicial system, which a particular official personifies. Nothing in words or actions should raise doubts about objectivity and impartiality.
To summarize: a judge is a prestigious, responsible and sometimes dangerous profession. It is not enough to obtain a legal education; you need to develop and train many qualities and skills, gain experience, and constantly learn in the process of work, since a person’s fate often depends on how experienced and attentive a representative of the profession is.
