The Basic Law of the Russian Federation gave its citizens the right to defend their legitimate interests in the event of their violation. There are several methods of protection to choose from, which include the right to seek justice in court. In practice, unfortunately, cases arise when judges themselves violate the law. In such a situation, any participant in the judicial process can file a complaint, appeal, statement against the judge. In this article we will figure out where to complain about a judge? For reference: judges are magistrates or federal. Federal ones respectively work in district, city, and arbitration courts. Including in higher courts.
It should be noted right away that this is not a very promising business. The fact is that our judges are independent and have the maximum possible guarantees of protection. But since they are also people, their high status sometimes turns their head.
As an example, we can recall the situation with the judge Elena Vladimirovna Khakhaleva, who became famous throughout Russia, whom some call only “golden”. It would seem that there is so much negativity around the judge that even if all the arguments of her opponents turn out to be false, she still does not care about the Krasnodar Regional Court in this case. Nevertheless, the servant of Themis continues to work without paying attention to everything that happens around her.
To what authorities is it legal to file a complaint?
Qualification Board
In practice, complaints are most often first sent to the regional qualification commission of judges .
The complaint itself is sent to the chairman of the said body. The text of the complaint must necessarily contain all the facts of violations committed by the judge during a particular trial or outside it. Audio and video recordings of violations can serve as an excellent evidence base that can be attached to the complaint.
The period for consideration of a complaint filed with the regional qualification board, according to current legislation, is 30 days.
If you do not agree with the final decision on your appeal, which was made by the regional qualification board, you have every right to file a second complaint to a higher authority, which is the Higher Qualification Board of the Russian Federation. The law gives this collegial body a period of 90 days to consider the complaint. At the end of the verification, the applicant will receive a reasoned response. Effective measures can be taken. But most likely no measures will be taken. The most unpleasant thing is when the board responds in the style of “you are a fool.” It happens.
Department for Court Operations
It will be effective to complain to this body about the work of the court office, apparatus, website, etc. In other words, statements regarding the organization of the work of the justice body.
I remember how once in one city court boxes were installed for collecting appeals. Those. appeals and their attachments had to be thrown into the box. This shame was stopped only by the judicial department. Moreover, the court resisted and did everything to preserve such boxes for collecting appeals.
Or, for example, court employees do not publish information about the progress of the case on the website. In this case, it would be lawful to contact the Department.
It should be noted that any appeal that you want to send to the Department can also be sent to the chairman of the court. The issue can be resolved by the chairman.
Prosecutor's office, investigative committee, police
A statement regarding violations of the law can be sent to law enforcement agencies. Judges are special subjects when it comes to bringing them to criminal or administrative liability. Yes, they have immunity, but immunity should not be confused with permissiveness and the ability to commit offenses with impunity.
If a servant of the law has committed a crime, he will be prosecuted; for an administrative offense - they will be held administratively liable. It’s just that to do this it will be necessary to go through a long and thorny path of lifting immunity from a specific violator.
But everything is real. Justice officials are also sent to serve sentences, including in cases of corruption. Of course, in practice it will be difficult to attract such an offender, but it is possible.
Administration of the President
Federal judges are appointed by presidential decree, which means the President is “indirectly” responsible for the actions of his appointees. Let the Supreme Commander-in-Chief know and be in charge of who administers justice on behalf of the Russian Federation.
Remember that your appeal must be clearly formulated and legally drafted and executed. The text of the complaint must necessarily contain footnotes to specific articles of legislation. It is necessary to take care of the evidence base. The text of the complaint should not contain insults or slander. Otherwise, you may be held accountable.
Who can apply?
Any citizen of the country or representative of another state has the right to complain. Such an application can be submitted by persons who do not belong to a particular state, as well as legal organizations. The complaint can be made individually or collectively.
The main thing to remember is that contacting the media, the police, the Presidential Administration or the prosecutor’s office is a pointless waste of time. The judiciary is independent, and the resolution of disputes between a judge and a dissatisfied citizen is not within the scope of the same prosecutor's office.
What else can a complaint be filed about?
I will give some possible situations in the form of a table:
| Situation | Where to complain? |
| Delay in consideration of the case or the judge lost the case | Qualification Board Chairman of the Court |
| Constant unreasonable postponements of court dates, inaction | Qualification Board Chairman of the Court |
| The judge introduces evidence into the case that may play into the hands of one of the parties, while the evidence of the other party is ignored | Appellate instance in the procedural order Qualification Board |
| If the judge is biased towards one of the participants in the process | Appellate instance in the procedural order Qualification Board |
| Giving consultations by the judge to one of the participants in the case during the court hearing | Qualification Board Chairman of the Court |
| Errors of procedural law made by the judge | Appellate instance in procedural order |
| Commission of crime | Prosecutor's office, police, investigative committee |
I think the logic is clear.
When is it okay to complain?
In order to file a complaint, you will need some valid reason. Moreover, this reason must be directly related to his professional duties and the case he is leading - other complaints must be filed in the standard manner, and not as complaints specifically against the judge.
The main reason for filing a complaint is violations related to the rules and procedures of business. Litigation is a process very strictly limited by law, and deviation from the norms is not only not welcomed, but can even be regarded as an extremely serious violation. So, a complaint against a judge can be filed in the following situations:
- You have noticed a violation of the norms established by the Code of Criminal Procedure of the Russian Federation;
- The judge deliberately extends the time limit for conducting the case;
- The judge's actions lead to unexpected delays in the consideration of the case;
- You noticed significant deviations in the course of the proceedings from the established protocol;
- The judge does not take into account any evidence, materials and testimony of witnesses directly related to the case;
- The judge does not consider petitions, petitions, appeals and requests to the court related to the case;
- The judge is not impartial, takes into account the opinion of only one of the parties, or is related to one of the participants in the case;
- The judge has a personal advantage in deciding the case;
- The judge behaves inappropriately during hearings, violates ethics and general rules of communication between participants in the case;
- The judge commits violations in the process of making a judicial decision;
- The judge violates the general order of conducting the case: its stages are swapped, examinations are incorrectly assigned, etc.;
- The judge uses profanity and insults the participants in the case;
- During the hearing, confidential protected information is disclosed by the judge.
These and many other reasons can provide very valid grounds for filing a complaint. At the same time, depending on the severity of the violation, various penalties are applied: from a simple reprimand to complete removal from the case.
General rules for drawing up an appeal
A person whose rights have been violated by the incompetent work of servants of the law writes a complaint, which is documented in writing. It can be handwritten or printed on a computer. The law does not provide for a clearly established sample of registration. However, there are certain general requirements:
- Name of the person or body to which the appeal is sent;
- Applicant's passport details;
- Contact phone number;
- FULL NAME. a judge whose unlawful actions became the reason for the appeal;
- Statement of facts of violations with obligatory reference to specific provisions of the law;
- Requirements for restoration of violated rights;
- Date of filing the complaint with the signature of the applicant.
In general, the application must be drawn up in two copies. One is sent to the appropriate authority for consideration, the second remains in the hands of the applicant. It is on this copy that a note about acceptance is made indicating the date.
Where to complain
The court is the highest authority, and few civil servants have the authority to consider complaints against judges. Real help can only be provided by:
- The leadership of the court, namely its chairman;
- Qualification Board of Judges;
- Prosecutor's office.
In this case, you don’t have much choice - according to current regulations, complaints should be submitted strictly in order. That is, until the court itself considers your complaint, there is no point in contacting the prosecutor’s office. Moreover, in all three cases the sample of the complaint and the method of its consideration are different.
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.
Jurisdiction of the dispute and determination of the proper defendant
To decide in which court to file an administrative claim, you need to refer to Chapter 2 of the CAS of the Russian Federation, which regulates the jurisdiction and jurisdiction of administrative cases.
As a rule, the district court is the court of first instance in these cases, with some exceptions (Article 19, 21 CAS RF).
An application to a government body is submitted at the location of the government agency, to an official - at the location of the body in which the specified person serves.
If the location of a government agency does not coincide with the territory in which it is vested with powers, or where the official performs the assigned duties, the application is submitted to the court of that district where the specified powers apply.
An application to the federal government regarding the activities of a territorial body can be submitted at the location of the latter.
An application to challenge decisions, actions (inaction) of government bodies and officials, except bailiffs, can be submitted to the court at the place of residence of the plaintiff-citizen.
An application to several defendants located in different places is submitted to the address of one of them (Article 26).
If a citizen filed an administrative claim in court against the wrong person who should meet the stated requirements, that is, he incorrectly chose the responsible authority or responsible official, the court, with the consent of the plaintiff, will replace the improper defendant with the proper one. And if the plaintiff does not agree, the court involves the responsible official as the second defendant (Article 43).
