It is recommended to resolve the dispute in court. But what if the judge, in your opinion, is conducting the case in a biased manner and is clearly playing along with the opponent? How to appeal against his actions? You won't complain to the prosecutor's office: since 2002, the prosecutor's supervision over judges has been canceled, and only the qualification collegium of judges, the chairman of the court and, in extreme cases, the Supreme Court of the Russian Federation remain.
Necessary
- - an appeal to the chairman of the court;
- - a complaint to the qualification collegium of judges.
Instructions
Step 1
The law grants anyone the right to appeal against a judge's actions. If the judge is a relative or relative of any of the participants in the litigation, ask the chairman of the court to challenge the judge and replace him with another. Write an appropriate challenge statement before starting the case on the merits.
Step 2
Also try talking to the president of the court where your case is being heard. Perhaps he will be able to solve the problem and you will not have to seek justice and impartiality in higher authorities. An appeal to the chairman of the court is a fairly widespread practice of combating the actions of presumptuous judges.
Step 3
If the appeal to the chairman of the court turned out to be unsuccessful, write a complaint to the qualification collegium of judges of the constituent entities of the Russian Federation. Please note that anonymous complaints are not considered here. Appeal against the decisions of the court on appeal or cassation.
Step 4
Please note that the appeal to the collegium differs from the usual cassation or appeal, since the subject of consideration here is not the verification of the legality and validity of the court decision, but the specific actions of the judge who violated the procedural legislation. If the panel sees offenses in the actions of the judge, he can be brought to disciplinary responsibility and even removed from his post.
Step 5
Please note that the appeal to the collegium differs from the usual cassation or appeal, since the subject of consideration here is not the verification of the legality and validity of the court decision, but the specific actions of the judge who violated the procedural legislation. If the panel sees offenses in the judge's actions, he may be brought to disciplinary responsibility and even removed from his post.
Step 6
In particular, this happens if the judge committed significant violations of procedural law, did not take measures to consider the application within the time limit established by law, violated the rules of an impartial consideration of the case, systematically violated judicial etiquette, disclosed information protected by law, etc.
Step 7
The complaint received must be considered by the Higher Qualification Collegium of Judges of the Russian Federation no later than three months from the date of receipt, and by the qualification collegiums of judges of the constituent entities of the Russian Federation - no later than one month. If you disagree with the decision of the qualification collegium of judges, appeal it to the Supreme Court of Russia or the supreme courts of the republics within 10 days from the date of receipt of a copy of the decision.
