How to write a complaint about the non-issuance of a court decision for more than a month from its issuance. | Moscow

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Published: 08/30/2018

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If one of the parties to the process has doubts about the objectivity of the judge, or the judge begins to behave inappropriately, then the law provides for a process for filing a complaint.

• Grounds for filing a complaint against a judge
• Where to file a complaint
• How to file a complaint
• Where to apply and how long it will take to consider it

Depending on the status of the judge and the nature of the violation, it is necessary to act differently.

Grounds for filing a complaint against a judge

In accordance with the Constitution of the Russian Federation, the court is obliged to be impartial, independent and objective. The basic law of the country also implies the independence of the judicial branch of government from the rest - the executive and legislative. It is assumed that when making his decisions, the judge is guided by current laws and regulations, the rules of social justice, and also takes into account established practice.

The legality of a judge's actions is regulated by the Civil Code of the Russian Federation. In particular, Article 16 specifies the circumstances under which any participant in the process can change the judge if he sees signs of bias and partiality in his actions. In this case, the judge will be recused, and another employee will handle the case.

Reasons for withdrawal may also include:

• exceeding the two-month period for consideration of the case in case of deliberate delay;
• the judge’s ignoring of obvious facts and testimony or their distorted interpretation;
• consultation by court staff of one of the parties directly during the process;
• a situation in which one of the parties is not allowed to speak;
• discrepancy between the minutes of the meeting and the real situation (some statements are ignored or distorted).

In a word, any actions of a judge, both a magistrate and an arbitration judge, that contradict the principles of legality and fairness may serve as a reason for applying to the qualification commission.

For action to be taken, it is not enough to simply file a complaint. It needs to be supported by evidence. The judge is independent, so no one can simply “displace” him or in any way influence the outcome of the case.

If it turns out that the complaint has grounds, the judge’s behavior will be examined at a meeting of the qualification commission. If misconduct is confirmed, disciplinary measures will be taken against the judge, up to and including recusal. But, as a rule, this happens in less than 30% of the total number of complaints filed.

What is recommended for a participant in the process to do:

• record the proceedings on a voice recorder or (with the permission of court officials) on a video camera;
• invite friends and acquaintances to attend the meeting;
• get acquainted with the case materials and minutes of the meeting and immediately submit comments in case of distortion of the truth;
• submit applications and petitions on time.

The presence of a large amount of factual evidence of the judge's bias can tip the scales in your favor.

How to write a complaint about the non-issuance of a court decision for more than a month from its issuance. | Moscow

Article 321. Procedure and deadline for filing appeals and presentations
(as amended by Federal Law No. 353-FZ of December 9, 2010)

1. An appeal or presentation is filed through the court that made the decision. An appeal or presentation received directly by the appellate instance shall be sent to the court that made the decision for further action in accordance with the requirements of Article 325 of this Code.

2. An appeal or presentation may be filed within a month from the date of adoption of the court decision in final form, unless other deadlines are established by this Code.

Article 322. Contents of appeals, presentations

1. An appeal or presentation must contain:

1) the name of the court to which the appeal or presentation is filed;

(Clause 1 as amended by Federal Law dated 09.12.2010 N 353-FZ)

2) the name of the person filing the complaint, presentation, his place of residence or location;

3) an indication of the court decision that is being appealed;

(clause 3 as amended by Federal Law dated December 9, 2010 N 353-FZ)

4) the demands of the person filing the complaint or the demands of the prosecutor making the presentation, as well as the grounds on which they consider the court decision to be incorrect;

(Clause 4 as amended by Federal Law dated December 9, 2010 N 353-FZ)

5) became invalid on January 1, 2012. — Federal Law of December 9, 2010 N 353-FZ;

6) a list of documents attached to the complaint or submission.

2. An appeal or presentation cannot contain demands that were not stated during the consideration of the case in the court of first instance.

A reference by the person filing the appeal or the prosecutor bringing the appeal to new evidence that was not presented to the court of first instance is allowed only if it is justified in the said complaint or presentation that this evidence could not be presented to the court of first instance.

(Part 2 as amended by Federal Law dated 09.12.2010 N 353-FZ)

3. The appeal is signed by the person filing the complaint or his representative. The complaint filed by the representative must be accompanied by a power of attorney or other document certifying the authority of the representative, if there is no such authority in the case.

The appeal submission is signed by the prosecutor.

4. The appeal shall be accompanied by a document confirming payment of the state fee, if the appeal is subject to payment.

5. The appeal, presentation and documents attached to them are submitted with copies, the number of which corresponds to the number of persons participating in the case.

Where to file a complaint

Judges are independent, so it is useless to complain about their unlawful actions to the police or prosecutor’s office - they simply will not accept your application. It is also useless to try to influence judges through the media - at best, the publications will be ignored, at worst, they will be regarded as pressure on the court with subsequent sanctions.

A complaint against a judge must be submitted to the authorities specially created for this purpose. Where exactly depends on the nature of the claim and the status of the judge.

A complaint should be submitted to the judicial commission before the trial begins, when the judge asks whether the parties agree to resolve their conflict under his jurisdiction. If not, then the applicant must justify his decision. For example, this could be the judge's family connections or his bias in similar cases.

If there is a complaint, the members of the board will retire for a meeting and then announce their decision. It will be final.

If the process is already underway, but the judge behaves inappropriately, then you can complain about him:

1. Chairman of the court . You can find out which judge holds this position at the information stand or the official website. Most often, the chairman considers complaints about violations of judicial procedure. For example, if the judge delays the process or ignores a participant in the proceedings.
2. Law enforcement officers . This is possible if the defendant is under arrest and simply physically cannot get an appointment with the chairman. In this case, the bailiffs or police will forward the petition or complaint to the chairman of the court or board.
3. To the judicial commission . If the challenge is submitted to the chairman of the court, or he is not yet available, then the applicant’s complaint is considered by the collegium. They will order an investigation and consider all aspects of a particular legal proceeding. You can complain about insults, inappropriate behavior, or biased attitudes.
4. To the qualification board . This is something like an SRO, but only among judges. It depends on them whether a particular person will continue to hold the position of arbiter of justice. You can contact us for any reason.

If a conflict arises with the arbitration judge, then you can file a complaint through the online service. If you use this site, there is no need to additionally file a complaint through the office or send it by letter. An electronic appeal is equal in force to a written one.

You can only complain online about arbitration judges. If you file a complaint against a magistrate or district judge via the Internet, you must duplicate the document in writing, sending it by mail or courier.

Both the defendant and the plaintiff can file complaints, including through their lawyer. The applicant's citizenship and social status are irrelevant.

It should be noted that in reality, disqualification of a judge on the basis of complaints is extremely rare. However, it is worth filing a complaint. As a rule, after this the judge becomes more responsible in order to avoid similar troubles in the future.

Where to complain about the servant of Themis of the district, magistrate and arbitration court?

There is a clear hierarchy in the judicial system, so you need to appeal against the actions of a judge strictly to the body authorized to make a decision. You can file a complaint against a magistrate or district judge with the chairman of the court. It is he who controls the district judges and the areas of justices of the peace assigned to him. The arbitration court also has its own chairman, to whom claims can be made regarding the actions of the arbitration judge.

Important! It is worth understanding that appealing a decision in a trial and filing a complaint against a judge are completely different applications.

Chairman

The legislation provides that the qualification judicial board can evaluate the actions of its colleague only upon the presentation of the chairman of the court about a violation. That is, the first step in recognizing a judge’s actions as unlawful is a direct appeal to the chairman of the court. When an application is received, the chairman is obliged to check the facts stated in the appeal, evaluate the actions of the subordinate, and present his decision to the commission for discussion.

You can submit reports of violations not only to the chairman of the court himself, but also to the regional collegium, which itself will forward the document for “local” proceedings. There are cases that when a complaint is received, a panel immediately forms a commission, which necessarily includes the chairman of the court.

The Chairman as an authorized person has the right:

• check the discipline or establish facts of violation of the law of a subordinate judge with the consent of the collegium to these actions;
• report the results of the checks carried out for an objective consideration by the commission of the received appeal.

The receipt of a complaint against a judge is not grounds for his removal from office. The basis for termination of powers in accordance with clause 2 of Art. 22 of the Federal Law of March 14, 2002 N 30-FZ “On the Bodies of the Judicial Community in the Russian Federation” can only be a decision of the qualification commission, which verified the activities of the judge who committed the misconduct.

Qualification Board

If the received complaint about unlawful actions of a judge is objective, then the chairman of the court is obliged to contact the panel of judges. The competence of this authority includes the consideration of complaints about the inaction (action) of judges. If the submission is legal, only this body has the right to impose a disciplinary sanction on the violator.

After receiving a report of a violation from the chairman of the court, the regional collegium forms a commission to more thoroughly examine the activities of its colleague, based on the results of which a decision will be made to terminate powers or impose an administrative penalty.

Attention! The qualification board has the right to consider complaints only after considering an appeal to the chairman of the court.

Illegal actions of the court chairman can be appealed directly to the regional qualification board.

Higher KKS

This authority does not have the authority to control the activities of judges; accordingly, it does not have the right to consider complaints received against the servants of Themis. If the applicant asks to check the actions of the judge, the HQCC will refuse due to incompetence. A judicial body that has received instructions from the Higher Qualification Committee has the right to evaluate the actions of a judge, give an expert assessment, and draw up a final report.

The Higher KKS has the authority to hear the final report, based on evidence of violations of legal norms, and make a decision on removal from office or imposition of penalties.

In order for a judge to bear criminal liability, the appeal must be sent to the Investigative Committee, which, with the consent of the Higher Qualification Committee or the regional qualification board, has the right to make a decision regarding the initiation of criminal proceedings.

You can contact VKKS in the following cases:

• if there is a problem with the chairman of the federal court;
• if injustice arose in a military court;
• if you need to appeal the decision of the qualification board.

How to file a complaint

There is no single form of complaint against a judge. However, there is a Resolution of the Presidium of the Council of Judges No. 354 dated June 30, 2013, which states that the relevant document must contain the following information:

• the addressee of the appeal is the collegium or the chairman of the court;
• name of the place where the application was submitted;
• full details of the applicant , including last name, address, telephone number and passport details;
• the essence of the complaint (describe everything in as much detail as possible);
• date and signature.

The complaint against the magistrate must be drawn up in two copies. You will leave one in the office, and the second you will keep for yourself. Make sure that there is a mark on it indicating acceptance of the application. A sample complaint can be downloaded from this link.

If a complaint is filed against a district judge or a judge of a higher rank, then three copies are needed. One will be sent for consideration to the qualification commission, the second will remain with the applicant, and the third will be provided to the judge himself.

It is recommended to attach available evidence to the complaint: transcript of the audio recording, audio or video recording itself, copies of protocols, written testimony, etc.