The Constitution of Russia and Law No. 3132-RF impose immunity for judges. However, it cannot be said that court employees always behave within the framework of the law and fully protect the interests of citizens of the country. Violations occur at any level of the judiciary.
Most often, the average person is faced with justices of the peace. These officials are authorized to resolve disputes in the field of civil law. The scope of their responsibilities is quite wide: they are engaged in divorces, debt collection, property issues, resolve labor disputes and so on. Where to complain about justices of the peace if they neglect their duties or violate the framework of the law?
Grounds
The list of grounds for compiling a complaint is quite extensive. You can contact the Qualification Collegium of Judges and the higher leadership of the judge. It is at this level that the activities of judges are monitored.
The most common reasons for filing complaints with a justice of the peace are:
- dragging out the trial for a period of more than 2 months, i.e. red tape;
- Inappropriate behavior in everyday life;
- distortion of information in the minutes of the meeting;
- refusal to attract witnesses or to hear the parties ’arguments.
You can even complain about the unethical behavior of the judge.
Who can contact?
Any citizen of a country or a representative of another state has the right to complain. To draw up such an appeal can persons who do not belong to a particular state, as well as legal organizations. The complaint can be made individually or be collective.
The main thing to remember is that turning to the media, the police, the presidential administration or the prosecutor’s office is a waste of time. The judiciary is independent, and the resolution of disputes between a judge and a dissatisfied citizen is not within the scope of the same prosecutor's office.
Appeal to the chairman of the court
Where to complain about justices of the peace? The very first instance that can resolve the dispute is the superior leadership of the judge. It is necessary to contact the chairman of the court where the judge is working, whose actions do not satisfy the applicant.
However, the higher management is addressed in situations where the judge makes minor violations, for example, is constantly late for meetings or allows himself to be rude.
Complaint Requirements
Where to complain about justices of the peace and how to make an appeal? When compiling an appeal to the president of the court, it is necessary to rely on the general requirements for such documents, since the legislation does not provide for a template for such a document.
The “head” of the complaint prescribes the court to which the appeal is drawn up, the data of the applicant are indicated. The information part shall indicate the data of the justice of the peace, whose actions or omissions are subject to appeal, details of the case under consideration. Then a situation is prescribed in which the applicant’s rights were violated. In the final part of the main text, you can write down the requirements for the judge, however, the measure of punishment, as a rule, the chairman of the court is determined independently.
After the text part of the complaint, a list of applications is written, and at the very end the date of preparation of the document is indicated, a signature is placed and its decoding. It is not allowed to write insults in the text of the complaint, everything should be described briefly and concisely.
Appeal to KKS
Where to complain about the actions of the justice of the peace? You can contact the Qualification Commission of Judges, which accept appeals regarding unlawful misconduct by judges. This instance consists of highly qualified representatives of the judiciary, who are primarily involved in the oversight of the activities of lower-ranking judges. However, it should be remembered that KKS employees are not entitled to influence the decision of judges, but only supervise the performance of their official duties.
When compiling a complaint to the CCC, one should be guided by the same principles as when addressing the chairman of the court. However, a complaint should be written if the violations of the justice of the peace are quite serious. Therefore, in the text of the complaint it is necessary to make references to articles of the legislation, the requirements of which the judge violated.
Where to complain about the justice of the peace in Moscow? Residents of the capital can personally transfer the appeal by submitting documents to the office of the KKS at the address: Moscow, Bogorodsky Val, 8. At the same address, you can send the appeal by mail. On the KKS website: http://mow.vkks.ru/letter_pre_form/, you can file a complaint electronically, following the instructions.
Appeal and cassation
Who should complain about the justice of the peace, in addition to the senior management and the KKS? If a person does not agree with the decision or other procedural document issued by the justice of the peace, then an appeal procedure is provided for such cases. However, it should be remembered that even if a judge’s decision is quashed or revised, this fact does not mean at all that disciplinary measures will be taken against him.
An appeal is actually a petition that is filed with a higher authority with a view to canceling or revising a decision. This may be an appeal from the defendant or the plaintiff, a third party regarding the disagreement of the awarded amount to compensation or another decision made.
The appeal against the decision of the justice of the peace is filed within 30 days from the date of announcement of the decision in final form. A complaint is sent to the district (city) court where the justice of the peace works.
The next court to appeal to if the appeal does not satisfy the applicant is the court of cassation. The term for appeal of the decision in cassation is 6 months.
Rules of Appeal
It should be remembered that the court of appeal will not accept an appeal that does not meet the requirements of the Civil Procedure Code or the agro-industrial complex. The appeal to the justice of the peace must contain:
- name of the court to which the applicant applies;
- Applicant details, including contact details;
- details of the decision to be reviewed;
- clearly stated requirements of the applicant;
- arguments allowing a review of a judge's decision;
- Applications
- signature of the applicant.
New evidence can only be submitted if it was not possible to present it before, during the initial consideration of the dispute.
Sample Complaint
The complaint must contain the following items:
- To the court ... of the district.
- Claimant.
- Defendant
- Details of the decision adopted by the justice of the peace.
- The appeal against the decision of ... (date, number).
- Sample text: (Date) Justice of the peace ... court ... a decision was made in the case ... dated (date). He acted as the defendant ..., and the plaintiff .... I have declared ... requirements for the defendant. By the decision of the first instance, from (date) I was refused in full satisfaction of the claims (or partially, it is indicated in which part the refusal was received). During the consideration of the case materials, the court established ... (the facts established by the judge, which are reflected in the court decision, are briefly listed). I believe that the decision of the justice of the peace dated (date) is unlawful, since the judge did not accept the relevant arguments, incorrectly determined the circumstances or incorrectly assessed the circumstances of the case (other reasons for disagreement). Given the foregoing and on the basis of articles 320-332, 330, 334 Code of Civil Procedure of the Russian Federation, I ask you to completely (partially) cancel the decision of the justice of the peace ... district ... No. ... dated (date). Satisfy the demands made by me in full.
- Applications
- Date of compilation, signature and its interpretation.
The Tax Code provides for the payment of state fees in courts of general jurisdiction on appeal in the amount of 50% of the estimated amount. The receipt of payment of state duty must be attached to the complaint.
Terms of appeal
According to the requirements of Article 327.2 of the Code of Civil Procedure, the appellate judge has only 2 months to review the complaint. If we are talking about appealing to the Supreme Court, then complaints are examined there for 3 months.
The arbitration process also provides for a two-month period for considering the appeal. However, particularly complex cases can be treated in a longer time period - up to 6 months.
Private complaint
Where to complain about justices of the peace? In procedural law there is such a thing as a “private complaint”. Such an appeal can only be submitted to a judge of the peace. The deadline for filing a private complaint is 15 days from the date of the determination.
Such appeal can only be submitted if the determination creates obstacles to further consideration of the dispute. A complaint is submitted to the court of first instance and is not subject to state duty.
Conclusion
Where to complain about the inaction of a justice of the peace? Such appeals, as in the part of the unlawful conduct of a court representative, are submitted to the higher management and the Qualification Commission of Judges.
You can appeal the decision of the justice of the peace on appeal. The Court of Appeal does not consider complaints of procedural violations by the judge, if the official behaves inappropriately, is rude or late - this is the privilege of the senior management and the CCU.
If the rights of the participant in the trial are violated, then you should not hope and file complaints with the prosecutor's office or the police. Contacting the media will also not produce a result, it will only turn out to be publicized. The court is a separate power structure that does not even report to the president of the country.