Russia is a constitutional state, where there are many laws, bylaws, regulations, carried out judicial reforms, continually improve legislation, and so on. Unfortunately, not all laws work. Many good initiatives are fighting about the usual behavior of officials and banal incompetence of people on the ground.
Recently, the Russian justice is often called "Basman". Unfortunately, with the Russian justice, the citizens can't do anything. A situation in which an ordinary civil case is considered a few years, it has become normal. At that, about respecting the court to the citizens of speech almost not.
According to the approved procedures before the start of any trial the judge is obliged to ask questions of the participants of the process about the credibility of the court. While history does not know precedents when the answer would be negative.
What types of complaints and where to write
In article 16 of the Civil procedure code provides grounds for recusal. The main reason for the recusal is a question of participants in the objectivity and impartiality of the judge. An example of such behavior may include:
- Loss evidence proving the defendant's guilt (or his innocence) and other submitted documents.
- The deliberate delay in the trial.
- Misconduct in court, a manifestation of the rudeness and crudeness to any participant in the process.
- Gross violation of the law.
In article 19 of the CPC clearly States that the recusal must be reasoned. You have options that the participant of the process "appeared" that the judge is not objective for drainage is not suitable. So before you write an application for the disqualification of a judge should consider and indicate in the application only the facts, not personal opinion or suspicions that are not confirmed. And yet, before making such a statement, it should be understood that a new judge can be not only no better, but even worse than the previous.
It turns out that to complain about the judge, stating his same branch. After this statement, the judge must confer and announce the verdict, which can be negative.
The next way is to complain to the judge is to write an application to the qualification Board. The highest Board is in Moscow, but in each subject of the Russian Federation has a separate Board. The College should be contacted only in case of obvious gross misconduct by the judges. If the judge is rude behaves in relation to the claimant or the defendant considers the case for several years – it will not be grounds for appeal to the Board.
Many courts have their own website where you can also leave a complaint on the judge. Those who do not trust online correspondence, you can go to the reception to the President of the court.
Another way to complain about the judge – it's to attract the media. This is an indirect way to put pressure on the judge, but very often it is the most effective. Just enough to invite to the meeting a friend of the journalist. If he finds incompetence or forbidden behavior of the judge, it is sure to leave this note. Before publishing it should be sent to the President of the court.
Generally, civil proceedings can be attributed to the service sector, along with utilities, or medicine. If boorish behavior of the staff of managing companies, people learned to fight from the courts, almost no one dares to fight, considering them "untouchable" to people, although the reason for this relationship is unclear and not logical.
If you think logically – all taxpayers provide the courts at the expense of own incomes. Judicial salaries paid from the budget, which receives tax deductions of taxpayers.
Of course, the stories and messages on Internet forums is an indirect ways of influencing judges. But it's better than nothing. In fact, the judge, after reading that I think about it citizens (to protect the rights which it operates), examining their "exploits" may reconsider their behavior.
Unfortunately, most people in Russia are not interested in due process, and obtaining a positive decision. Once this solution is obtained, the citizens immediately forget about rude behavior and incompetence, and objectivity.
But if the decision was, according to one of the parties violates its rights, the laws or procedural rules, such a decision is subject to appeal in appellate or cassation proceedings.
Everyone who at least once faced with the Russian proceedings, agree that our courts are far from ideal. Russian court it is difficult to call fair. But most people aren't talking about it, I hope that the problem itself will ever be resolved, and the Russian judges will suddenly become impartial, honest, competent and polite. But for that to happen, we need to talk about it, the problem should be discussed at the highest level, only in this case the Russian justice system has a chance to become better.