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
Legislation
To bring the servants of Themis to justice, it is necessary to accurately grasp the moment of the violation. The subtleties of each stage of legal proceedings are explained:
- Codes: Civil Procedure Code, CAS, Judicial Ethics;
- Federal Law No. 3132-1 “On the status...”;
- Resolution of the Plenum of the Armed Forces of the Russian Federation No. 13 of April 14, 2021;
- 30-FZ “On the bodies of the judicial community in the Russian Federation”;
- Federal Law “On Justices of the Peace”.
Certain points are mentioned in the judicial practice of the Supreme Court and the Constitutional Court of the Russian Federation. A practicing lawyer can best control the legality of actions performed by a judge.
Reasons
You can complain against a judge for the following actions:
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- delaying the legal process;
- the secretary distorts the facts in favor of one of the participants in the proceedings;
- illegal refusal to accept a request;
- conversation on the phone during the hearing (namely at the time the verdict was announced);
- left the room after he began to announce the decision and did not finish it;
- changes data in the process of keeping minutes of a court session;
- inappropriate behavior (the ethics of judges are defined at the legislative level);
- refusal to include testimony of witnesses and other evidence in the case materials;
- violation of procedural deadlines;
- making unfair and illegal decisions - obvious bias towards one of the parties and ignoring the evidence base;
- refusal to listen to the arguments of a participant in a court session.
It is allowed to protest a violation of the rules of jurisdiction and jurisdiction of the case being examined. The registration address of the plaintiff and/or defendant is important when choosing a court site, as is the essence of the document. Example: the price of a property claim is more than 50,000 rubles, the case must be heard in a district or city court. The amount is less - the magistrate will make a verdict.
The list is incomplete. You can write a statement for other offenses. At each stage of legal proceedings, certain requirements must be met, and violation of them is grounds for a complaint.
When it's no use complaining
The claim will be effective if the legal procedure is violated. Is the plaintiff or defendant unhappy with the decision in a civil or criminal case? There is no point in writing anywhere; they resort to the appellate or cassation procedure to challenge a court decision.
But you definitely need to complain about rudeness and inaction.
Normative base
Legal documents that a judge must adhere to when working:
- Civil Procedure Code of the Russian Federation. This is a set of basic rules for the consideration of a case by a court.
- Law of the Russian Federation No. 3132-1 “On the status of judges in the Russian Federation” dated June 26, 1992. Article 12.1 describes the disciplinary liability of the persons concerned.
- Code of Judicial Ethics. These are rules of conduct and principles of work that are mandatory for guardians of the law.
How to write a complaint against a judge
The private complaint includes the following information:
- Where we write, indicating the name of the chairman and address (upper right corner).
- From whom - provide full name, registration address (actual residence), telephone number.
- The title of the document is “Complaint” (middle).
- The essence (to whom, for what reason, the protest is being filed).
- Norms of violated legislative acts.
- The operative part is the requirements.
- List of attached documents, photos, videos, witness statements, etc.
- Date, signature.
Attention! The choice of punishment is the prerogative of the judiciary. There is no need to say what verdict you want, just list the rights violated during the hearing.
While the application is being considered, it is permissible to apply for a postponement of the consideration of the case or for the recusal of this judge. The use of photos, videos, and audio recordings is not prohibited. There is no need to ask permission to record or explain why this is being done.
It is better to make an application on a computer. Illegible handwriting is grounds for refusal to accept it. If a document is submitted through a representative, his authority is confirmed by a notary.
Remember! When describing the essence of the complaint, they do not mention the illegality of the decision - they are appealed in a different manner. Specifically indicate what the judge did that was illegal, what point of the rules of conduct was violated.
Features of formulating a complaint
A fairly common mistake is writing a document based on a sample and sending it for consideration to the Higher Qualification Committee. Ordinary people who do not have a specific legal education mistakenly believe that just one appeal can provoke the highest body of the judicial system in the country to deal with any case.
The specifics of the legal system in our country are such that it is necessary to have documentary evidence of literally every step. That is, the president of the state, the HQCC or the chairman of the court cannot remove a judge from the process solely on the basis of a complaint. No one can correct court decisions - this immunity is stipulated in the law. However, about a third of complaints lead to disciplinary punishment, most often in the form of termination of authority for a certain period of time.
Where can you complain about violations of procedural actions?
In order for the complaint to be relevant, it is better to submit it during the judicial proceedings: today a violation occurred, tomorrow they wrote a statement.
Delaying submission deadlines reduces the effectiveness of the expected result. The advice applies if you complain to the chairman. But the application must be submitted to the panel of judges after the completion of the proceedings.
For your information! A protest is most effective when a decision is overturned by a higher authority. This means the verdict is wrong and the judge is wrong!
If you do not have the help of a lawyer, it is better to use a completed sample to draw up the document.
To the chairman of the court
In order not to violate the chain of command, you must first submit an application to the chairman of the court. Without an attempt to resolve the matter through him, higher authorities will reject the complaint. Complaints are made to the chairman of the district court about a magistrate or district judge. Arbitration and regional courts also have their own chairmen.
Important! You cannot complain about an arbitration judge to a regional or city court.
The final authority will be the Chairman of the Supreme Court.
To the prosecutor's office
If criminal liability is provided for the violations committed, the information will be checked by the prosecutor's office. People apply there personally or will be redirected on behalf of the board.
To the Qualification Board of Judges
A complaint to the Qualification Board of Judges will have a positive effect, since they have the right:
- impose disciplinary action;
- suspend, terminate the powers of a servant of Themis who has violated the law.
Important! When contacting the CCJ, demand punishment not only for the negligent judge, but also for the chairman who did not want to restore justice in accordance with the law.
The decision will be legal if at least 2/3 of the members were present at the meeting. The commission's verdict is not disputed and is final. Only the Investigative Committee can initiate a criminal case. To do this, it is better to contact the prosecutor's office immediately.
There are regional KKS. The main body is the High Qualification Board of Judges (HQJC).
To the President
Each judge is appointed to his position by legislative acts signed by the head of state. Accordingly, he has the right to punish them. On the official website fill out the form https://letters.kremlin.ru/letters/send. The claim will be reviewed by employees of the Presidential Administration authorized to work with individuals and legal entities.
Most likely, the information will be forwarded to the official who is competent to resolve the problem. The applicant must be notified of the redirection.
For your information! People turn to the president as the head of state for help on any issue! But, most likely, the letter will be forwarded according to jurisdiction to the required department.
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 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.
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:
Terms of consideration
They usually refer to 59-FZ of the Russian Federation: according to it, a response to citizens’ appeals is given within 30 days. This is mistake. The time frame for consideration of private complaints is regulated by the Code of Civil Procedure.
For example, an application for unlawful delay of proceedings is considered within 5 days. Sometimes they delay registering a complaint, since the period is calculated from this date, which violates the rules of office work.
If you filed a complaint with the KKS, it will be considered within 30 days. In the FCC - 90 days.
Towards justice!
In the event of a conflict situation within the framework of the judicial process, it is mandatory to formulate a complaint and send it to the judicial commission dealing with this level of legal authorities. To enhance the effect and attract the attention of numerous lawyers to the problem, you can additionally send a number of appeals. In particular, it would not be superfluous to file a complaint against the president, who appoints judges, as well as against government agencies involved in self-government within the judicial system. The scope of functionality and powers of each of the listed areas is specified in the mentioned Federal Law No. 30.
It would not be superfluous to formulate a request to the judicial council at the level of a federal subject or state. Lawyers from the General Judicial Federal Assembly at the Supreme Court level can come to the rescue. It is worth filing a complaint addressed to the chairman of the court within which the conflict case is being considered. An additional appeal can be written to the Prosecutor General. The listed authorities and persons do not have the authority to consider such complaints, but they can take control of the situation and monitor changes in the situation.
Judicial practice and liability
Practice shows that disciplinary action in the form of suspension from work is applied if:
- a significant gross violation has been committed, guilt has been proven;
- the judge’s actions are not consistent with his position;
- the fact of misconduct was confirmed by a decision of the highest judicial apparatus.
In other cases, a remark or warning will be made. A verdict rendered with violations during the trial must be appealed in accordance with the established procedure. The disciplinary sanction is lifted after a year, if during this time the judge does not make a new mistake.
According to statistics, more than half of the applications are considered in favor of the judges (about 70%). The consequences for the applicant can be sad - a counterclaim for humiliation of honor and dignity. But the illegal actions of the arbitrator must be punished. The main thing is to fill out the application correctly and provide compelling arguments. It's better to contact a lawyer.
Dear readers! To solve your problem right now, get a free consultation
— contact the lawyer on duty in the online chat on the right or call: +7 (499) 938 6124 — Moscow and region.
+7 (812) 425 6761 — St. Petersburg and region. 8 (800) 350 8362 - Other regions of the Russian Federation You will not need to waste your time and nerves - an experienced lawyer will solve all your problems! Or describe the situation in the form below:
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.
What to pay attention to
In addition to stating the essence of the problem, it is important to indicate information indicating the unlawfulness of the judge’s actions. The scheme for a private complaint against a judge includes a list of attachments provided by the citizen along with the form, which include:
- evidence base (photos, videos, audio, written documents);
- photocopy of the application;
- witness statements, if any.
The more information a citizen sends to the chairman, the greater the chance of a successful outcome and subsequent sanctions against the employee acting unlawfully.
When sending a private complaint to a supervisory authority, it is important to understand that this is an appeal with the aim of punishing or removing from office a judicial officer who is acting incorrectly or illegally.
To overturn a decision during legal proceedings, a completely different document must be prepared and sent. When describing the current situation, it is important to rely on regulations and laws relating to the issue, and also to avoid swearing and insults. Without evidence, the commission will not check the facts, and anonymous appeals, according to the Code of Civil Procedure of the Russian Federation, will not be considered.
