You will need
- the documents in the case, registered letter with notification.
As a rule, people do not rush to complain about the judge, not wanting to provoke more irritation, but at times inappropriate behavior of a judge forcing people to take up the pen and write a complaint. The only question is – where and to whom?
The right to write a complaint against a lawyer using the lawyer or on your own, but it is advisable to use the services of professionals to the complaint had a good appearance and contained points of law that were violated by the judge during the trial.
For starters, you can write a complaint to the President of the court where indicate judicial misconduct. If this does not help, please contact the qualification Board of judges. This organization considers complaints against judges and can decide on their removal from office.
The complaint in qualifying Board addressed to the Chairman of the Board of judges in the regional court. It lists the violations committed by the judge, and you must apply in respect of judges, disciplinary measures and to review the decision of the court. It is desirable to send this complaint by registered letter with notification.
In addition, complain to the judge in the administration of the President or the High Council of justice. But, as a rule, such complaints are forwarded to the body authorized to deal with complaints against judges, that is, the qualification Board of judges.
The judge's decision can be appealed, also in cassation or the appeal, but again, these complaints will be to challenge the decision taken by the judge, not the behavior itself. Cassation and the appeal is submitted to the higher courts in the allotted time. It is important to have time to meet the deadline of appeal against the decision of the court.
In addition, you have the right to demand removal of the judge, if in a previous examination of the case he was on him by the Prosecutor, clerk, witness or expert, and if he is a relative of any of the persons involved in, interested in the outcome of the case or there are doubts in its objectivity. In this case, you can Express the mistrust to the judge and to write the request to remove him from the case.
The appeal the judge considered the specific on — the qualifying Board of judges (KKS). KKS is a body of the judicial community, the only competent to decide on complaints against the judge. Any other attempt to complain to the judge in the normal manner for appealing against actions or omissions of officials or even of judicial acts (decisions, definitions, decisions) to anything will not lead.
We believe that to influence the judge, forgotten about their status, and need by filing the appropriate complaints. Do not be afraid to "spoil relations". You have no relationship with the judge. Thus if you do not call the judge to order, at least force to be reckoned with. After writing the complaint on a judge, as a rule, the screaming stopped, irregularities in the judicial procedure is also minimized.
Advice 2 : How to appeal a judge
Recommend to resolve the dispute in court. But what if the judge, in your opinion, is the case is clearly biased and playing to the enemy? How to appeal against its actions? The Prosecutor's office will not complain: since 2002, the Prosecutor's supervision over the judges was repealed, leaving only the qualification Board of judges, the President of the court and, in extreme cases, the Supreme court of the Russian Federation.
You will need
- - appeal to the President of the court;
- - the complaint in qualifying Board of judges.
The act gives any person the right to appeal against actions of the judge. If the judge is a relative or svoystvennom any of the parties to the litigation, ask the President of the court for disqualification of the judge and its replacement with another. Submit an application for recusal before the hearing on the merits.
Also try to talk to the President of the court, where he considers your case. He might be able to solve the problem and you will not have to seek justice and fairness at the highest levels. Appeal to the President of the court – it is a common practice of combating the actions ofmi high-handed judges.
If the appeal to the President of the court proved fruitless, write to the complaint in qualifying Board of judges of subjects of the Russian Federation. Please note, anonymous complaints will not here consider. Themselves appeal against the decision of the court of appeal or of cassation.
Please note that the appeal to the Board differs from an ordinary appeal or appeal, as the subject of consideration here is not to test the legality and validity of judicial decisions, and specific actions the judgesviolated procedural law. If the Board will see in actionx judge of the offense, it may involve disciplinary action and even dismiss.
Please note that the appeal to the Board differs from an ordinary appeal or appeal, as the subject of consideration here is not to test the legality and validity of judicial decisions, and specific actions the judgesviolated procedural law. If the Board will see in the actions of the judge of the offense, it may involve disciplinary action and even dismiss.
In particular, this occurs if a judge has committed a fundamental breach of procedural law, have not taken action for the review of the application within the statutory period violated the rules of impartial consideration of the case, systematically violated the judicial etiquette, disclosed legally protected information, etc.
A complaint should be considered by the Supreme qualification Collegium of judges of the Russian Federation not later than three months from the date of receipt and qualification boards of judges of subjects of the Russian Federation – not later than one month. If you do not agree with the decision of the qualification Board of judges, appeal against it to the Supreme court or Supreme courts of the republics within 10 days of receipt of a copy of the order.
Advice 3 : Where to complain of a magistrate
If the world the judge in your case admits serious violations, you have every right to replace him. When submitting a complaint to a magistrate, you should be guided by article 16 of the Civil procedure code of the Russian Federation.
At the beginning of any consideration of the case the magistrate is obliged to ask you whether you trust him or their interests. However, even if you say no, it will not be grounds for recusal. To file a complaint on the judge, you can only if you are sure that it provides enough discourteous actions towards you.
The withdrawal must be motivated, that's why the statement should be "iron" arguments. It should be borne in mind that the new worker the courts may be even worse than before. First you demonstrate the disqualification to the judge, he must decide whether there are grounds for it or not.
If your justice of the peace refuses to give yourself a challenge, you can apply to the qualifying Collegium of judges in your area. However, the appeal in this instance is possible only in case if violations made by your judge, are quite serious in nature. In the absence of any response you have the right to file a complaint with the High qualification Board of judges, which is located in the capital.
It so happens that the magistrate is a professional, but rude as the last vendor at the market. In this case, you can visit the Chairman of the district court, the competence of which the activities of the magistrate. At your request erring employee of the court receives an official warning that his activities may be subject to scrutiny.
There is another option – to complain about the judge to the press. Enough to invite a journalist to a hearing on your case if he will indeed find that the conduct of the magistrate is not consistent with the existing regulations, he will write the corresponding report. After the article the judge's actions can be reviewed by regulatory authorities.