A well-founded and well-drafted complaint against a judge may lead to disciplinary action against the judge, up to and including termination of his powers. But the decision made by such a judge in the case cannot be reversed.
A court decision after considering a statement of claim, an application for issuing a court order or an application in a special proceeding is appealed in a special manner - appeal, cassation, or supervision. The court's rulings on the case, whether it is the return of the claim, leaving without progress, etc., are appealed by filing a private complaint.
Therefore, a complaint against a judge is a tool with which you can draw attention to a judge unworthy of the high rank. If the process of considering the claim is not completed, try to challenge or suspend the consideration of the case until a decision is made on the complaint against the judge.
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Complaint against a judge
Example of a complaint against a judge
To the Chairman of the Dzerzhinsky District Court
of Novosibirsk
Novosibirsk region
Applicant: Granina Veronika Mikhailovna,
address: 630019, Novosibirsk,
lane Promyshlenny, 8, apt. 17
Complaint against a judge
The Dzerzhinsky District Court of Novosibirsk, Novosibirsk Region is processing civil case No. 2-6847/2017 regarding the ownership of an unauthorized construction against the Administration of Novosibirsk. I am the Plaintiff in this case. I filed the statement of claim on August 15, 2021.
During the consideration of the case, judge Potapova Nina Grigorievna repeatedly committed violations of procedural norms and requirements. In particular, according to the determination on the preparation of the case for consideration, the Defendant was obliged to provide a response to the statement of claim. No feedback was provided either at the preliminary meeting on September 14, 2017, or at the main meeting on October 10, 2017. At the same time, the Defendant was duly notified of what there were corresponding notes in the case, but his representative did not appear at the meeting. The judge rescheduled the case for November 8, 2017 and postponed it again.
As evidence in a civil case, I provided the conclusion of a construction and technical examination, which I conducted before going to court at my own expense. Despite this, the judge several times suggested that I petition for the appointment of a forensic examination in a civil case (at my expense). Despite the fact that, according to Art. 79, part 2 art. 96 of the Code of Civil Procedure of the Russian Federation, the court has the right to independently appoint an examination.
According to Art. 3 of the Law of the Russian Federation of June 26, 1992 No. 3132-I “On the status of judges in the Russian Federation”, a judge, when exercising his powers, as well as in extra-official relations, must avoid everything that could diminish the authority of the judiciary, the dignity of the judge or raise doubts in its objectivity, fairness and impartiality.
According to Art. 11 of the Code of Judicial Ethics of December 19, 2012, a judge must conscientiously fulfill his professional duties and take all necessary measures for the timely consideration of cases and materials. In accordance with Art. 61 of the Code of Civil Procedure of the Russian Federation, proceedings in courts are carried out within the time limits established by the Code of Civil Procedure; extension of these deadlines is permissible in cases and in the manner established by the Code of Civil Procedure of the Russian Federation, but legal proceedings must be carried out within a reasonable time.
Article 154 of the Code of Civil Procedure of the Russian Federation establishes that civil cases are considered and resolved by the court before the expiration of two months from the date of receipt of the application to the court. The judge’s actions to delay the process violate my rights to judicial protection.
Based on the above, I ask you to take measures to eliminate violations of the current legislation of the Russian Federation committed by Judge N.G. Potapova.
November 10, 2017 V.M. Granina
Responsibility of judges
If a complaint to the chairman about the actions of a judge is filed justifiably and is ultimately satisfied, the representative of Themis is subject to disciplinary action. The responsibility and punishment of judges is enshrined in Federal Law No. 3132-1.
The following sanctions may apply:
- Comment.
- Warning.
- Termination of powers.
The last option is possible if the judge has committed a significant offense and proven guilt, the requirements of the Code of Judicial Ethics have been violated; actions distort the principles on which legal proceedings are based or grossly violate the rights of participants in the process. In addition, you can count on termination of powers if it is proven that the nature of the violations of the representative of Themis indicates incompatibility with his high rank.
The type of punishment is determined within six months from the moment the appeal is considered, and the maximum period of sanctions is 2 years. The penalty can be lifted a year from the date of its announcement if the judge does not commit a new offense or misdemeanor during the specified period (clause 8, article 12.1 of Federal Law 3132-1).
The chairman's decision to satisfy the requirements or to refuse to satisfy them is made in writing. Even if the complaint is not satisfied by the chairman, its writing proves the seriousness of the approach to defending their interests, which forces judges to take a more responsible approach to fulfilling their duties.
What to consider when filing a complaint against a judge
A justified complaint against a judge is a document with references to legal acts. Which specific actions or inactions of the judge violate which norms. This includes the Civil Procedure Code or CAS (administrative proceedings). It may be conduct by a judge that undermines the authority of the judiciary. That is, a complaint against a judge must be filled with facts, references to legal acts, what rights of the applicant are violated.
In addition to procedural norms (Civil Procedure Code, CAS), the Law of the Russian Federation dated June 26, 1992 No. 3132-I “On the status of judges in the Russian Federation”, the Code of Judicial Ethics, Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 14, 2021 No. 13, Federal Law of March 14, 2002 No. 30-FZ “On the bodies of the judicial community in the Russian Federation.” And, of course, if you have any difficulties on the website, you can get advice from an on-duty lawyer online.
Important recipients: if the judge is wrong
The most relevant in this matter is the Federal Law, introduced under number 30. Articles 17-19 consider the sequence of departments that can help a citizen whose rights have been violated in a legal instance. If a problem arose with the chairman of the federation. court (deputy), then the VKKS comes to the rescue. This is where you need to go if you have encountered injustice in the Supreme Court. But the chairmen of district courts and their deputies are already the area of action of the CCC of a particular region. The VKKS will help if unfair situations arise in a military court. All other situations should be dealt with by the regional branches of the judicial commission.
If a citizen does not agree with the decision of the KKS, it is necessary to seek help from the VKKS. It follows from Law 30 that while a citizen’s appeal is being considered, judicial powers in a conflict case can be temporarily suspended. The QCC has a month to study the appeal; the HQCC, by law, has a three-month period to make a decision on the issue presented.
How to file a complaint against a judge
The algorithm for drawing up a complaint is no different from this type of document:
- addressee (to whom we are complaining)
- applicant (who is complaining), address
- Title of the document
- how the applicant and the judge are related: consideration of the case, participants, other circumstances in which the applicant’s rights were violated
- the basis for filing a complaint, namely: what violations, in the applicant’s opinion, what norms took place (are) taking place
- request to take specific measures: eliminate violations, consider disciplinary action, etc.
- signature and date.
Please note that a judge cannot be held accountable for adopting an illegal or unfounded judicial act unless his guilt is established by a verdict. And for bringing a judge to criminal liability, the Code of Criminal Procedure of the Russian Federation provides for a separate procedure. You should not write a complaint with justification: the decision was made incorrectly. Better dry facts - violation of the rules of the Code of Civil Procedure during the examination. It is even better if they are confirmed by a copy of the minutes of the court hearing, the date of delivery of the prepared court decision, etc.
Situations when a complaint may be necessary
The reason for appealing the judge’s actions is the latter’s violation of the current rules (procedural and substantive), due to which the legal rights and interests of the participant in the process were infringed.
The grounds for filing a complaint by a participant in the trial arise in the following cases:
- the permissible period allotted for consideration of the dispute in court has been exceeded. According to the rules, the review cannot last more than 2 months;
- petitions filed by a participant in a legal dispute or his legal representative are ignored;
- when recording the progress of the case, the data in the court record is distorted;
- the judge behaves incorrectly in the courtroom when considering a case;
- the legitimate request of a participant in the process to include available evidence in the case materials is completely ignored;
- there were grounds to believe that the judge violated the principle of equality of arms and impartiality of the court. Such cases can occur if the judge is biased towards one of the parties;
- creation by a judge of unreasonable obstacles to a party expressing its arguments in the case, etc.
Practice shows the possibility of many violations during the consideration of a case, since the judicial process consists of several stages, for each of which the law puts forward its own requirements.
At each of these stages, the party infringed on its rights can send an official complaint, pointing out the violations and justifying them. The complaint is accepted for consideration based on the results of studying the legality of the judge’s actions.
Where to file a complaint against a judge
An ordinary citizen submits a complaint exclusively to the chairman of the court, under whose leadership the judge works. Neither to the qualification board of a constituent entity of the Russian Federation (to consider such a complaint, the representation of the chairman is required), nor to a higher authority, nor to the Higher Qualification Board. The fact is that the Qualification Board of Judges will conduct an inspection of a complaint against a judge only after receiving a recommendation from the chairman of the court.
Rarely does a complaint against a judge actually lead to disciplinary action, but such a document can become a psychological incentive for a “slow” judge to take responsibly the tasks assigned to him of an objective and impartial consideration of the case.
Methods for filing a complaint with the chairman of the court
There are several ways to file a complaint in case of unlawful actions of a judge:
- personally submit the complaint directly to the chairman of the court;
- send a complaint using a postal or courier delivery service. A notification must be attached to this type of shipment. This way you can obtain documentary evidence of delivery of the document;
- take the complaint to the court and leave it in the office. On site, the responsible judicial officer will issue a receipt confirming his acceptance of the complaint.
Watch the video! How to complain about a judge:
Basic principles of professional conduct of a judge
Today, Russian legislation identifies three main principles of professional conduct of judges:
- The principle of independence - when considering a case, the judge is obliged to adhere to an independent and impartial position in relation to all participants in the process;
- The principle of objectivity and impartiality - when performing his professional duties, a judge must be free from any preferences, prejudices or bias;
- The principle of equality - when performing duties, a judge must treat with equal attention all participants in legal proceedings, regardless of their gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, and also other circumstances.
What to write in the application
You can personally take the application to the court office or send it by mail.
In your application please indicate:
- name of the court,
- case number,
- data of the parties,
- facts confirming a violation of a reasonable period of trial.
Sign the application, and if it is signed by a representative under a power of attorney, be sure to attach a copy of the power of attorney.
The chairman of the court will consider the application within the prescribed period, and based on the results, he will issue a ruling in which he will indicate the actions that the judge must take.
The application is considered in civil, arbitration and criminal proceedings within five days, and in administrative proceedings according to the rules of the CAS - and no later than the next working day after the application is received by the court.
The ruling of the chairman of the court cannot be appealed, but a party can still apply for compensation for violation of the right to a trial within a reasonable time.
On the issue of timing
Here you should keep in mind two deadlines - application and consideration. It’s worth mentioning right away that there is no specific rule stating that you can submit within this deadline, but should be considered within this deadline. The expression, of course, is somewhat colloquial and far from the dry legal style, but it will be understandable to the average person.
So, as for the deadline for filing an appeal, it will have relevance and significance only during legal proceedings. In other words, if a violation was committed on the day of the meeting, then the complaint should be filed on the next day at the latest.
Let's look at a specific example:
- Today there was a meeting that, for not entirely objective reasons, was postponed, for example, the plaintiff or defendant did not appear at it, while they were notified of the appointment of the hearing, or at the previous meeting it was decided that the plaintiff must be present, but he did not appear, and The judge postpones the trial without making a decision, scheduling it for another week.
- So, if you consider that this is a violation, a private complaint should be filed on the day the meeting was postponed or the next. The latter will allow the Chairman to consider your appeal on time, otherwise its relevance for the citizen who applied will be lost.
The subtleties of considering such appeals also come from this point. The Civil Procedure Code defines a period of 5 days (Article 61). Very often, courts refer to 59-FZ, indicating a 30-day period for consideration of applications. The latter is illegal and not applicable for private complaints against the actions of judges. In addition, they often resort to such tricks as later registration of requests, and this leads to the fact that the citizen who applied receives a response to the request “beyond relevance.”
