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Sometimes it seems to one of the parties to a civil proceeding that the judge deliberately postpones hearings, attaches to the case materials evidence that is unacceptable to use, exceeding his authority, and, on the contrary, refuses to request them when there is at least some hope of achieving justice. And if this is really the case, then a complaint against a judge in 2021 is the only opportunity to influence the course of a biased trial.
A judge of the Russian Federation does not submit to anyone in his actions and is independent. But if by his actions he violated substantive and procedural norms, rules of ethics, as a result of which your rights were violated, a well-founded, correctly drawn up complaint against the actions of the judge can help bring him to disciplinary liability.
Grounds for filing a complaint against the actions of a judge
A complaint against a judge is filed if there is documentary evidence of illegal actions on his part. Violations of legislative norms committed by judges in the course of their activities are not considered by such legislative acts as the Arbitration Procedure Code of the Russian Federation, the Civil Code of the Russian Federation, the Criminal Code of the Russian Federation, the Code of Administrative Offenses of the Russian Federation, since such actions are not considered a crime or an administrative offense.
When filing a complaint, you must be guided by the Law of the Russian Federation No. 3132-1 of June 26, 1992 “On the status of judges in the Russian Federation”, the Code of Judicial Ethics, Article 5 of the Code of Criminal Procedure of the Russian Federation, Art. 46, 52 and 53 of the Russian Constitution and Art. 14.15 of the international agreement “On civil human rights”.
The duties of judges, their rights, and liability for unlawful actions during judicial proceedings are discussed in Resolution of the Constitutional Court of the Russian Federation of February 27, 2008 No. 3-P. Punishments for committing miscarriages of justice are determined by the Resolution of the Constitutional Court of the Russian Federation dated October 18, 2011.
Challenge to a judge
You can demand the recusal of judges in the cases established by Art. 16 Code of Civil Procedure of the Russian Federation:
- The judge took part in the previous hearing as a prosecutor, witness, expert, court secretary or specialist consultant.
- He is related to one of the representatives of the opposite side.
- The judge is a person interested in the outcome of the case, and there is documentary evidence of this.
- Some actions he committed during the proceedings clearly indicate his bias and partiality. In order for such a statement to be unfounded, you also need to provide supporting documents.
- Someone on the court hearing the case is a relative of the judge.
The challenge is submitted in writing at the moment when the question of confidence in the current composition of the court is asked. The judge himself will consider it and make a decision. And if the paper is drawn up illiterately, and it is almost impossible to prove the applicant’s rightness, then it is possible that he will want to punish the party who filed the challenge and will fundamentally make a decision that is undesirable for it.
Complaint against a judge – grounds
If a judge systematically directly or indirectly violates the Code of Civil Procedure of the Russian Federation, but there are no grounds for recusal, you can simultaneously submit complaints against him to the local Qualification Board and the Chairman of the court. An application indicating the number of the court case and a brief description of the essence of the trial must contain documented information about violations of the law by the judge.
The following violations on his part may serve as a reason to complain about a judge in 2021:
- Incorrect behavior during court proceedings, rudeness.
- Offensive behavior towards anyone present and humiliation of human dignity.
- Partiality towards one of the participants in the case, consultations during meetings, as a result of which the testimony of one of the parties changed.
- Ignoring requests, preventing parties from expressing arguments.
- Neglecting requests for evidence.
- Delaying a case beyond the legally established period.
- Violations in the preparation of the minutes of the court session.
In general, the basis for writing a complaint against a judge can be any violation by him of the Code of Judicial Ethics and the Law of June 6, 1992 No. 3132-1 “On the Status of Judges in the Russian Federation.”
Attention! A complaint against a judge cannot affect the decision already made by the court on the case under consideration, so it must be filed or challenged before the trial ends. The illegal decision will be appealed to higher authorities.
Main reasons
The most common reason for refusing to consider citizens' complaints against a magistrate is an incorrectly stated reason or referral to an authority that does not have the right to consider the issue raised. The duties of judges are spelled out in 3 Codes: civil procedure, legal proceedings, administrative offenses.
In addition, there is also a criminal and judicial code of honor, a whole series of federal laws, regulations that indicate the grounds for bringing them to justice and the authorities that will deal with the proceedings.
It is difficult for a person without a legal education to understand all these laws in order to find which norm has been violated, but the main reasons can be identified. First, let’s isolate situations in which not complaints are filed, but other appeals:
- I don't agree with the decision. In this case, an appeal is sent to the district court, which is often called a “complaint against the decision.” In fact, the MC, according to the decision of paragraph 2ВСт 04.14.2016 No. 13, is not responsible for mistakes made or discrepancies between its opinions and a higher authority.
“You cannot punish a judge for unintentional errors if he judged in good faith, but incorrectly applied one or another rule”
- Retraction. Provided by Art. 16 of the Code of Civil Procedure of the Russian Federation in case of identification of family ties, personal or indirect interest of the MC, if he acted as a conciliator, prosecutor, witness, or expert in the case. Submit before the start of the process or during it when new facts are discovered. But that's no reason to complain.
At the same time, the judge will answer if he violated the decision-making process itself or ethical standards. Moreover, he may be held accountable for the following offenses:
- Disciplinary.
- performs duties in bad faith;
- violates procedural norms and deadlines for consideration of cases: red tape, negligence in drawing up acts;
- discredits the judiciary: falsification, official forgery;
- does not comply with the requirements of judicial ethics: absenteeism, rudeness, alcohol abuse;
- inappropriate behavior in everyday life.
- Administrative.
Expert opinion
Egorov Andrey Andreevich
Legal consultant with 10 years of experience. Specializes in family law. More than 3 years of experience in developing legal documentation.
This is a violation of norms falling under the Code of Administrative Offences. For example, traffic rules, maintaining silence, public order, sanitary and epidemiological well-being.
- Criminally punishable.
- receiving or extorting a bribe – Art. 290 of the Criminal Code of the Russian Federation;
- issuance of a knowingly unjust sentence, decision or other judicial act – Art. 305;
- abuse of powers by a judge for personal interests – Art. 285.
The status of a judge does not relieve responsibility when committing any criminal acts prosecuted by law.
Where to complain about a judge - authorities
Where to complain about a judge depends on whether you want to demonstrate your displeasure to him or influence the outcome of the trial:
- The challenge is filed during the court hearing. The likelihood of replacing judges is low. But, given that information about the challenge will be recorded in the court record, the judge will more carefully comply with the rules prescribed by law. In the future, the challenge can be attached to the cassation appeal as indirect evidence of the judge’s bias when making a decision on your issue.
- A complaint to the Chairman of the court, to whom the judge who violated your rights reports, involves checking the latter’s work. It will also not harm him, but will force him to carry out the legal process legally.
- A complaint against a judge is filed with the Prosecutor's Office if the judge violated the Criminal Code of the Russian Federation. The trial will begin after the prosecutor's office makes a request to the Higher Qualification Board. Otherwise, the court is not accountable to the Prosecutor's Office. and she refuses to consider the complaint.
- You can submit an application to the Supreme College of Judges yourself, but it will be considered only if an application for a similar complaint was previously submitted to the Chairman of the court in which the case is being considered. If the complaint is documented and correctly filed, it is possible to achieve both disciplinary action and dismissal of the judge.
- You can write to the High Council of Justice or the Presidential Administration. The request will definitely be considered if it is legal and the violation is significant.
The place where the complaint will be sent also depends on the rank of the judge whose illegal actions you want to stop. A complaint against the actions of a magistrate is submitted to the Chairman of the court and to the Qualification Board. In addition to the two previous instances, you can complain about the district officer to the Council of Justice and the Prosecutor's Office.
Procedure
It turns out that if public order is violated, the judge must call the police. But even in this case, the issue of punishment will be decided by other authorities.
Step 1. Qualification Board of Judges
- comment;
- warning;
- reduction in qualification class;
- early termination of powers of a judge.
Submit a complaint to the CCS of the region where the MS works. Addresses and contacts for all subjects are published on the website of the Higher Qualification Commission. According to Federal Law No. 30, you can contact:
- personally;
- by mail;
- through the electronic appeal system.
Regardless of the method, the letter must contain:
- Full name of the applicant - anonymous complaints are not considered;
- contact details and preferred method of receiving a response;
- name of the court, information about the ICJ;
- the topic and essence of the claim itself.
Such accusations require proof. Therefore, photographs, audio materials, and other documents that will confirm the guilt of the MS are attached to the complaint.
Note! Despite the fact that remote online appeals are allowed, lawyers advise duplicating the complaint in writing, sending it by mail with an inventory and notification, or in person with registration in the office.
They will respond to the application no later than 30 days from the date of registration of the application. They will refuse to consider the complaint if:
- written illegibly, using obscene language, anonymously;
- does not contain specific demands or accusations;
- resubmitted if a response has already been given;
- is not subject to consideration by the KCC.
It makes sense to contact the QCC after a decision has been made on the case, since a claim during the process can be regarded as pressure on the judge and an attempt to interfere with justice.
Important! The author of the appeal cannot appeal the decision of the qualification commission. It makes no sense to write to the Higher Qualification Committee, the judicial department, and other higher authorities. At the same time, the judge has the opportunity to challenge the commission's findings.
Chairman of the court
It is advisable to complain to the chairman of the district court about certain actions of the judge during the proceedings. It can be:
- violations of procedural rules;
- meeting ethics;
- rude treatment of participants in the process;
- delaying deadlines;
- work with documents.
The main thing is not to show a negative attitude towards the judge in the complaint and not to express your opinion on the case under consideration. Usually the chairman responds to such requests with formal replies. But in any case, he will have a conversation with the MC to rectify the situation.
Download the complaint against MS at:
If the misconduct has signs of violation subject to disciplinary action, the chairman will forward the complaint to the KCC. He does not have the right to make such decisions on his own.
investigative committee
Based on a well-founded application, only the Chairman of the Investigative Committee can initiate a criminal case against the IC, but with the permission of the panel of judges. Such a decision by the MC can be challenged in the Higher Qualification Committee or in court, so such cases are often delayed, or a refusal is issued at the commission level.
But there are also real examples. In 2021, the Supreme Court fined Judge K. 200 thousand rubles. for making a decision without holding a meeting. In the false protocol, he reflected that he called and communicated with all parties. Based on the plaintiff’s appeal, proceedings were initiated, which ended with the issuance of a fine.
If you want to report a deliberately illegal decision or corruption, contact the Investigative Committee. Such a complaint can also be sent to the prosecutor’s office or the FSB, but the criminal case will still be initiated by the Investigative Committee, where the documents will be transferred.
An e-mail to Bastrykin, Chairman of the Investigative Committee can be sent through the “Internet reception”.
Prosecutor's office
Administrative offenses are reviewed by magistrates in a similar manner. But in this case, the initiator is the prosecutor general, who submits a proposal to the judicial panel. The latter makes a decision to bring the MS to justice within 10 days.
Material publication date: 02/20/2021
Last update: 02/20/2021
As we know, no one is immune from mistakes, not even judges. The very concept of “miscarriage of justice” is quite broad and covers both violations that impede the rapid resolution of the case and those that interfere with its proper consideration.
If you are faced with unlawful actions (or inaction) of a magistrate judge, it is extremely important to know where to go to solve the problem and how to do it correctly: in most cases, filing a complaint in a timely manner can change the situation for the better.
How to write and where to file a complaint against the actions of a magistrate? About this in our new article.
How to write a complaint against a magistrate?
When writing a complaint, you should remember that this is an official document, when considering which no one will pay attention to your experiences and emotions. The complaint must be clear and extremely concise: you can be sure that this approach will speed up the consideration of your appeal.
As in many other cases, a complaint against a magistrate is drawn up in free form, but must necessarily contain the following information:
- Name of the addressee (for example, Chairman of the Basmanny District Court of Moscow);
- Your data (full name, address, contact phone number);
- The essence of the problem;
- Your demands (for example, to speed up the trial and take action against the magistrate);
- List of attached documents;
- Date and signature.
Note! If you have any difficulties in drawing up a complaint against a magistrate judge, you can contact our lawyers for a free consultation.
Where to file a complaint against a magistrate judge?
Not everyone knows this, but Russian legislation gives the right to appeal not only the decision of the magistrate, but also any of his other actions or even inaction. Thus, if the magistrate hearing your case commits serious violations of professional ethics, you can complain to the chairman of the court.
Expert opinion
Egorov Andrey Andreevich
Legal consultant with 10 years of experience. Specializes in family law. More than 3 years of experience in developing legal documentation.
If the facts stated in your complaint are confirmed, the chairman will have to contact the Qualification Board of Judges with a proposal to impose an appropriate penalty on the judge.
You can file a complaint against the magistrate in any way convenient for you:
- Send by mail (registered mail with delivery notification) or courier service;
- File a complaint through the court office (you must be given a receipt);
- Submit the complaint personally to the chairman of the court.
As a general rule, the period for consideration of a complaint against a magistrate is 30 days from the date of registration of the application, however, in some cases this period may be extended - you must be notified accordingly.
How effective is a complaint against the actions of a magistrate?
As we have already said in previous articles on this topic, you should not expect the dismissal of the magistrate after considering the complaint: such an outcome is possible only in case of very serious violations. In most cases, a well-founded complaint leads to disciplinary punishment, as well as a deterioration in the reputation of the judge.
In practice, situations sometimes occur when citizens are dissatisfied with the actions of a magistrate. If there are compelling reasons, a complaint is sent to the magistrate. How to do this correctly and where to file a complaint can be found in the contents of this article.
How to prepare a complaint against a judge - sample
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You can write an application either on a form or by hand. In the upper right corner you must indicate the position, surname, first name and patronymic of the person in whose name the complaint is being written, and the court address. In the information about the applicant, you must write his last name, first name and patronymic, telephone number where he can be contacted, and place of residence.
Attention! A complaint submitted anonymously will not be considered, so information about the applicant must be included in it.
In the center of the document is written: “Complaint.” In the application, you must indicate the full name of the court, the claims against whose work will be described, information about the judge who is violating your rights, and write the number of the case during which problems arose. Next, you need to describe the identified violations, referring to regulatory documents.
The application ends with the applicant’s request for action and a list of attached supporting documents. Below is the date, a signature and its explanation. The complaint must be accompanied by documents confirming the unlawful actions described in the paper, and audio recordings from court hearings.
There are several ways to submit your application to the appropriate authority:
- Personally deliver it into the hands of the person to whom it is addressed.
- Send by mail or courier, which, if necessary, will make it possible to prove that a complaint was actually filed against the judges.
- Take it to the court office. Here you should be given a receipt confirming receipt of the complaint.
Having read your application, the addressee will be obliged to check the facts specified in it and, if they correspond to reality, take action. No one will call the applicant for investigation. The commission of the institution to which he filed the complaint, after the decision is made, will send the applicant a copy for review.
Possible problems when submitting an application
If a complaint is made about the inaction of a magistrate, the applicant may face some difficulties. They usually arise when the procedure for preparing and sending documents of this type is violated.
Expert opinion
Egorov Andrey Andreevich
Legal consultant with 10 years of experience. Specializes in family law. More than 3 years of experience in developing legal documentation.
So, the main problems that may arise when appealing against the unlawful behavior of a magistrate include:
- Return of an application submitted to the Higher Qualification Committee of the Russian Federation - this can happen for one of the following reasons (clause 3 of article 27 “Regulations on the procedure for work...”):
- lack of information about the violation committed by the magistrate,
- presence of insults in the text,
- the basis for the appeal is disagreement with the decision made (as noted above, for such cases a different appeal procedure is provided),
- the complaint is impossible to read (faded text, unclear handwriting, etc.),
- the applicant has previously received a response on a specific problem,
- the issues raised are not within the competence of the VCKR.
It is worth noting that the listing of points may also be grounds for dismissal of a complaint filed with the chairman of the district court.
- Redirecting a document to another body - this usually occurs when the applicant does not comply with the jurisdictional procedure defined in Art. 17 and 19 Federal Law of the Russian Federation “On the bodies of the judicial community in the Russian Federation”.
A similar scheme is also used when sending a complaint to the chairman of the district court, to which a specific magistrate does not belong.
- Recognition of a document as anonymous, as a result of which it is left without consideration - this can happen if the complaint does not indicate the full name of the applicant, place of residence, and does not include his signature.
- Recognizing the accusations as unfounded - as a rule, after receiving a complaint, the competent authority carries out an investigation. If, based on its results, it is determined that the magistrate is innocent, then the citizen’s claims will be rejected. Moreover, he will be notified about this by sending a corresponding letter.
Thus, if there are compelling reasons, citizens have the opportunity to file a complaint against illegal actions committed by a magistrate. This document can be sent to the chairman of the district court or to the Higher Qualification Court of the Russian Federation. In this case, the procedure for appealing against unlawful actions of a judge must be observed.
Otherwise, the application will remain without consideration.
If you need advice, our trial lawyers will help you.
During judicial proceedings, the phenomenon of “miscarriage of justice” occurs quite often, and can be expressed both in specific illegal actions that interfere with the consideration of the case, and in elementary inaction that slows down the judicial process. Therefore, when faced with such a problem, you should report it as soon as possible by filing a complaint against the magistrate with the appropriate authority.
In this article we will tell you how to draw up a complaint against a magistrate, where to file it next, and what consequences to expect after filing it.
- How to file a complaint against a magistrate judge?
- Sample
- Where to send a complaint against a judge?
- Consequences
How long will a complaint against a judge be considered in 2021?
How a judge can be held accountable is regulated by the following legislative acts:
- Resolution No. 371 of the Presidium of the Council of Judges of the Russian Federation dated October 29, 2013.
- Judicial practice of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation.
- Resolution of the Plenum of the Supreme Court of the Russian Federation No. 13 of April 14, 2016 “On the judicial practice of applying legislation regulating issues of disciplinary liability of judges.”
A complaint filed with the office of the Higher Qualification Board is registered within no more than 3 days and considered within 30. The chairman of the board may, if it is necessary to clarify and verify any data, extend the consideration by 30 days, notifying the applicant.
Article 6.1 of the Code of Civil Procedure of the Russian Federation provides for 5 days to respond to a complaint with a request to stop judicial red tape and speed up the consideration of the case. If the data described in the application does not require the collection of information to confirm or refute it, a decision on it can be received within 15 calendar days. In other cases, such a complaint in 2021 is usually considered within 30 days.
Results of the complaint consideration
Judges are fired very rarely
Cases of judges being dismissed after filing a complaint about their incompetence are recorded quite rarely. Usually the case is limited to the imposition of disciplinary liability - a warning or reprimand, after which the official begins to carefully monitor compliance with the requirements of the law by the participants in the process, errors in the implementation of proceedings are reduced to a minimum.
The essence of the decision comes down to the following points:
- the facts contained in the complaint are verified by the collegium that carries out the qualification of judges;
- forwarding the case materials for consideration to a higher authority or the appropriate category of the case.
The period for consideration of a complaint as a general rule is 30 days from the date of its acceptance. When an inspection and study of the case materials is not required, it may take up to 15 days to make a decision.
If the issue requires prompt consideration, then measures are taken immediately. If the deadline is extended, the interested party is notified in writing.
Cancellation of an adopted act by a decision of a higher authority or expression of one’s own opinion is not grounds for bringing an official to disciplinary liability. The exception is cases when the judge’s guilt is established by a sentence passed in connection with the implementation of a deliberately unjust act or criminal actions are proven.
The complaint remains without consideration in the following cases:
- the text contains no information about the disciplinary offense committed;
- the specified data on illegal behavior have not been confirmed;
- the application contains obscene language;
- references to information contained in the federal law on judicial secrecy;
- the document was submitted anonymously, the residential address or details of the official and the judiciary were not indicated.
To take action, the applicant must provide evidence, otherwise the application will remain without consideration.
As you can see, the legislation allows even independent judges to be held accountable within the established limits. When filing a complaint, you must have strong evidence to accuse you of committing illegal actions. There is no need to be afraid of ruining your relationship with the official in charge of the case or the board.
The Chairman or the HQCC will carry out an inspection if necessary, since by law they are vested with certain powers. If the situation cannot be completely corrected, then we can expect that the judge will stop openly supporting the other side of the process, leaning towards making a decision in its favor, or giving legal advice to justify his legal position.
Author: Matushevskaya Larisa. Economist. Experience in management positions in the manufacturing sector. Date: January 24, 2021. Reading time 8 minutes.
Complaints are most often filed against a magistrate in the event of a disciplinary violation to the Judicial Qualification Commission, or procedural norms to the chairman of the court. Criminal cases are considered by the investigative committee, administrative cases are considered by the prosecutor's office, but only after agreement with the KKS.
The purpose of filing any complaint may be the desire to achieve justice, correct a mistake, or punish the culprit. The right to such appeals from citizens is guaranteed by Art.
33 of the Constitution. But to what extent is it implemented when it comes to judicial misconduct? Does the guarantee of the inviolability of people in robes and the principle of non-interference in justice initially negate any punishment for them? No, their special status does not allow them to indulge in red tape, start fights, or use their official position for personal gain.
A justice of the peace (JJ) can be held accountable if you know where and in what cases you can complain about him.
How to submit
This can be done in three ways:
- take it personally to the court office;
- transfer via courier service;
- send by mail.
You can contact the prosecutor or the president online on the official website. Sending emails is pointless.
Important! Filing a complaint by mail is carried out by registered mail with acknowledgment of receipt!
When delivering documents in person, prepare a second copy in advance. On it is placed:
- date of acceptance;
- registration number;
- position, name of the person in charge.
Or the secretary will issue a receipt with the above information.
