Modern legal proceedings provide for the equality and adversarial nature of the parties in the judicial process, where each participant has his own rights. They can be announced during the hearing or at the pre-trial stage. If you participate as one of the parties in a civil court, your right to challenge a judge is regulated by article 16 of the Civil Procedure Code of the Russian Federation.
Instructions
Step 1
Challenge the judge if he participated in the previous hearing of this case in the role of a witness, prosecutor or secretary. Proceed in the same way if the judge is related by family ties to any of the persons involved in the case.
Step 2
Friendship or friendship with any of the participants in the process is not stipulated in the law, but if this circumstance takes place, try to take care of the evidence of this connection (photos, video materials, testimony of witnesses), at least when the judge makes an unjust decision in you there will be a solid basis for his appeal. That is, you have to prove not so much the fact of the judge's friendship with one of the participants in the process, as the fact that, due to this friendship, the judge may be biased, even if unwittingly.
Step 3
Practically the same grounds for challenge are provided for in criminal proceedings. They are regulated by Articles 61-63 of the Criminal Procedure Code of the Russian Federation. Part 2 of Art. 62 clearly indicates that you have the right to refuse a judge, regardless of who you are in the process - a victim, accused, witness or any other participant.
Step 4
Remember that a challenge must be made before a trial is announced, and in the case of a criminal jury trial, before a jury is announced. In general, any statements must be made immediately, as soon as the judge asks if any of the participants have recusals to the composition of the court. In the course of further legal proceedings, a statement of refusal from a judge is allowed only if the grounds for it have not been previously pronounced.
Step 5
The basic rule of participation in the process, regardless of the capacity in which you participate in it, is to remain calm (at least outwardly) and confidently insist on your rights. It is illegal to act with a person who is afraid of the very fact of his participation in the court and, accordingly, who will not complain. The very prospect of filing a complaint about their actions disciplines officials, no matter what they tell you about this.
Step 6
Do not allow yourself to be deceived, declare the challenge loudly, clearly and reasonably, and demand that your words be entered into the court record immediately.
