Where to complain about a city court judge

The content of the article

• Normative base
• Grounds for complaint
• Instructions for handling
• Judicial Qualification Collegium
• Other
• Sample
• Ways to file a complaint
• Personally
• Through the official website

Violation of legislative norms during the trial may be appealed by the plaintiff, defendant, witness and other participants in the hearings. The only restriction that the law imposes is that you can complain about the unlawful actions of a judge, and not about his decision.

Normative base

Legal documents that a judge must adhere to while working:

• Code of Civil Procedure of the Russian Federation. This is a set of basic rules for a judicial review of a case..
• Law of the Russian Federation No. 3132-1 “On the Status of Judges in the Russian Federation” dated 06/26/1992. Article 12.1 describes the disciplinary liability of the persons concerned..
• Code of Judicial Ethics. These are the rules of conduct and principles of work that are mandatory for law enforcement..

Grounds for complaint

Actions that can be assessed as illegal:

• Reluctance to attach important documents to the case or accept applications filed.
• Violations of the principle of competition during the process and the explicit choice of the position of one of the participants.
• Ignoring witness testimony.
• Violation of the sequence of legal proceedings.
• Family relationship with plaintiff or defendant.
• Incorrect meeting minutes.
• Personal interest in the outcome.

Instructions for handling

Initially, a complaint is filed with the judge to the chairman of the court. If the issue is in its competence and does not require recovery, then the direct curator will take measures on his own. Other cases:

• The application will be forwarded to the Qualification Collegium of Judges (CCC), which is the main authority for the consideration of such appeals..
• If there is no disciplinary offense in the judge’s actions, the claim will be rejected. If this result does not suit the applicant, then he can independently submit a complaint to the CCC..

Judicial Qualification Collegium

Sanctions of the KKS in relation to a court employee who has committed unlawful actions:

• Comment. Given for minor misconduct.
• Warning. Filed for more serious misconduct or repeated comments.
• Termination of authority. It comes after a series of warnings or a serious misconduct (for example, receiving a bribe). In the latter case, a criminal case may be initiated, which will be supervised by the Investigative Committee of Russia. This will require the approval of the KKS, since the law guarantees the servants of Themis immunity. Suspect has the right to challenge the decision of the High Qualification Commission.

Other

If the applicant is not satisfied with the response from the CCC, he may complain to other authorities:

• To the prosecutor’s office. Appeal to this structure makes sense if the guardian of the law committed a criminal offense. In other cases, a complaint against a judge to the prosecutor’s office will not be effective, because the application of disciplinary measures is not within the competence of this department.
• To the President of Russia. Such an appeal is permissible only in a situation where all previous requests (to the chairman of the court, to the CCU and the prosecutor’s office) did not lead to the desired result. The reason for the statement must be consistent with the high level of consideration and require the intervention of the president. For example, it may be the bias of the guardian of the law or its actions in the interests of local authorities.

Sample

Ways to file a complaint

An appeal to the court can be made in any form, but compliance with the rules is mandatory:

• The complaint about the judge’s actions must contain the applicant’s last name, first name and middle name, his signature and contact details (place of registration, phone number, email address).
• The text should be legible. Profanity prohibited.
• The appeal must relate to the unlawful conduct of the guardian of the law. If the applicant is not satisfied with his decision or sentence, an appeal must be filed..

Personally

Claims stages:

1. Prepare a statement and accompanying papers.
2. Send the package of documents to the selected authority (the chairman of the court, the qualification collegium of judges, etc.).
3. Expect an answer. If the issue can be resolved without additional requests, then the application will be processed within 15 days. If you need to clarify information, this time will be increased to 30 days. In exceptional cases, the review period may be extended for another month..
4. Check out the verdict. Regardless of the correctness of the preparation of the appeal and the legitimacy of the reasons for the complaint, the applicant will be answered. If the result is not satisfactory and there are structures that the citizen has not yet addressed (the prosecutor’s office, the presidential apparatus), then he can exercise the right to appeal.

Required documents:

• Information about the incident – date, venue, number of the case, etc..
• Copy of applicant’s passport.
• Confirmation of the truth of the claim (reference to witnesses who can confirm the unlawful act of an official, photographs and videos, etc.).

Through the official website

You can submit a complaint to the regional KKS through the Internet resource of this organization (registration is not required):

1. Find on the website of the Higher Qualification Collegium of Judges a section of the CCC of the desired region and a page for citizens. Confirm your agreement with the rules for submitting documents and choose a convenient way to receive a response (by regular or e-mail).
2. Fill in the fields of the proposed form – fill in the last name, first name, patronymic of the applicant and other information. Keep in mind that the complaint text is limited to 2,000 characters. Attach additional documents if necessary. Click Submit.
3. Wait for an answer. The timeframes for considering a claim and options for further actions are the same as for personal filing.