Where to complain to the judge?
The legislation of the Russian Federation provides for the possibility of filing a complaint against the actions of a judge and, accordingly, the procedure for considering such a complaint is defined. No one wants to deal with the judicial system, but life is life and where to complain about the judge and how to do it, it is useful for everyone to know.
To complain to the judge
Citizens' complaints about the actions of representatives of the judicial system are considered by the Higher Qualification Collegium of Judges (VKKS) of the Russian Federation on the basis of a number of laws of the Russian Federation. It is stipulated that a complaint against the actions of a judge is considered if it contains information about a disciplinary offense of the judge of the following nature:
- systematic or gross violations of procedural or other rules of law
- red tape
- rudeness (unethical behavior) in relation to both the participants of the process and other citizens
- misbehavior in everyday life
If the subject of the complaint is the disagreement of the citizen with the judicial act, the appeal of the court decision and its definitions, such a document should be submitted to a higher court.Even when such a court rescinds the decision of the judge, it will not be the basis for his disciplinary punishment.
The law provided that a judge cannot be held accountable for a decision taken by a court of law or a opinion expressed in the course of a judgment, with the exception of certain cases. This refers to a case in which the judge’s guilt was established by a legally enforceable sentence, and it was revealed by a deliberately unjust judicial decision or a criminal abuse of the judge.
The applicant should be aware that his complaint will be returned without consideration in the following cases:
- Lack of information about the disciplinary offense committed by the judge
- the presence of offensive, obscene expressions and words in the text
- appeal of a judicial act
- the presence of a previously given response to a complaint in the absence of new data in it
- inability to read the complaint
- the complaint mentions a secret protected by federal law
- A complaint against a judge is a sample of a weighted and legally accurate document. It will not be considered if the complainant does not indicate the applicant’s last name, first name and patronymic, data about his place of residence, study or work. Such a document is considered anonymous.
A properly drafted complaint or report stating that a judge has committed a disciplinary offense is submitted to the chairman of the SJCC, or (on his behalf) member of this board. In fact, one of two possible decisions is made: to verify the facts stated in it by the qualification collegium or to send it to the appropriate or higher court for verification. Often the question is, where to complain about the justice of the peace? Such complaints are submitted to the chairman of the local court or to the High Qualification Board.
In order to make a decision on a complaint, information on the results of the audit is submitted to both the chairman of the superior or relevant court and the chairman of the council of judges, who decide whether to make an appeal or submission on whether the judge is required to pay responsibility or to refuse such appeal.
Any types of written appeals, both collective and individual, are considered no later than the statutory deadlines. The calculation of these terms begins on the day of registration of the relevant document.In case there are no issues in the area of competence of the Qualification Collegium, the application is sent within five days to officials or bodies whose duties include the resolution of the application in essence. The applicant is notified of this action.
The decision on appeals that VKKS takes in its production are made within a month from the date of registration.