Where to complain about the justice of the peace

The content of the article

• Normative base
• Grounds for complaint
• Drawing up procedure
• Addressees
• Chairman of the court
• Higher Qualification Collegium of Judges
• Prosecutor’s office

The justice of the peace, in a simplified procedure and in a shorter time, considers civil, administrative, and individual criminal cases. His illegal actions during the court session can radically change the essence of the final decision. If the behavior of the guardian of the law is contrary to the norms of legal proceedings, then the participant in the process may complain.

Normative base

Documents that govern the preparation and consideration of a complaint against a justice of the peace:

• Code of Civil Procedure. It contains rules for conducting business in court (sequence of procedural actions, etc.).
• Law of the Russian Federation No. 3131-1 “On the Status of Judges in the Russian Federation” dated 02.26.1996. Disciplinary liability of court employees determined.
• Code of Judicial Ethics. List of requirements for servants of the law and their professional conduct.

Grounds for complaint

Reasons to complain to the judge:

• Refusal to accept documentary evidence or witness testimony.
• Rudeness towards process participants.
• Unreasonable delay.
• Unauthorized disclosure of personal data of citizens.
• Infringement of interests of one of the parties (plaintiff or defendant).
• Illegal use of authority or abuse of duties.
• Protocol violation.

Subtleties of appeal:

• The reason may be any procedural violations.
• The final decision is not in dispute; for this, other forms of statements are provided (appeals, etc.).

Features for filing a complaint:

• The procedure for considering such appeals is not defined by law. The result will be very subjective, depending on many factors (for example, the authority of law enforcement among colleagues).
• With a minor misconduct, disciplinary action will be easy – notice and warning. With repeated violations of the law, an early termination of the powers of a judge is possible. If the actions of the guardian of the law are in the nature of a crime (for example, taking a bribe), a criminal case will be brought against him.
• The applicant does not receive anything. The claim does not affect the decision of the court, but merely indicates unlawful or incorrect behavior and serves to restore justice.

Drawing up procedure

Statement content:

• A cap. Indicate the organization you are contacting. Below write the last name, first name of the applicant, place of registration, contact phone number, email address.
• Headline – “Complaint against the justice of the peace”.
• Misconduct Information. Indicate the date and place of the hearing of the case, its number, then the last name, first name and patronymic of the meeting. Describe the circumstances of the particular misconduct that is the subject of the complaint.
• Qualification of violation. Make references to the legal framework showing that such behavior is contrary to legal and / or moral standards of legal proceedings.
• Applicant’s request. At this point, the citizen asks to deal with the situation..
• List of accompanying documentation.
• Date and signature.

A ready complaint about the judge’s actions is submitted:

• On a personal visit.
• With sending by mail – a letter with a receipt notification.
• Via the online complaints system for court employees.
• Using the public services portal. The last two paragraphs require registration on these resources.

Reasons for rejection:

• Lack of signature and other indication of authorship of the application. As a general rule, anonymous claims are not subject to review by government agencies.
• Inaudible text or use of profanity.
• The situation when a similar application has already been submitted and the citizen received an exhaustive answer.
• The appeal contains a complaint not against the judge, but against his decisions.

Addressees

Sequence of calls in the absence of reaction or unsatisfactory answer:

• To the chairman of the court where the case was examined.
• Higher Qualification Commission of Judges (VKKS).
• To the prosecutor’s office.

The sequence of appeals is mandatory. Repeated claim is filed only after the answer to the previous one. If you immediately file a complaint with the Qualification Collegium, then it will be returned and it is recommended that you contact the first instance.

Chairman of the court

The meeting venue is the first level where the complaint is filed. The chairman of the court resolves issues with minor violations that do not directly affect the outcome of the pending case. These are situations with illegal reschedule of a meeting or disrespectful attitude towards a participant in the process.

The level of claim implies that the issue will be resolved within the unit. The employee will receive a comment. If the powers of the chairman are insufficient or the complaint reveals more serious violations, the appeal will be forwarded to the VKKS and the citizen will be informed about this.

Higher Qualification Collegium of Judges

This organization monitors the legitimacy of the work of the judiciary. It is necessary to contact the VKKS if the response from the chairman does not suit the applicant. Disciplinary sanctions (warning, etc.) are the responsibility of the Qualification Collegium of Judges. The chairman of the court himself cannot apply them..

Prosecutor’s office

You should turn to this instance if the actions of the guardian of the law contain an explicit corpus delicti (forgery has been committed, a bribe has been received). In other situations, it will be difficult for prosecutors to intervene in the activities of the judicial department, which has its own structures for resolving critical issues.

If a complaint against a judge to the prosecutor’s office did not lead to the desired results, then the citizen still has one more opportunity – to appeal to the President of Russia. The reasons must be serious in accordance with the level of treatment. Such a step is relevant if there is evidence of a corrupt judicial structure and in cases where the mutual responsibility does not allow taking action on this complaint to the justice of the peace.