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Company / Laws

The challenge of the judge or magistrate

Legal aid 06.07.2017 at 15:11

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Civil procedural law provides for the possibility to declare the disqualification (recusal) a judge or magistrate, to the court clerk Grounds for disqualification of a judge or magistrate are the following facts.

If in a previous examination of the case, the judge or magistrate participated in the capacity of Prosecutor, Secretary of court session, the representative, witness, expert, specialist, interpreter. If the judge or magistrate is a relative or svoystvennom any of the persons participating in case or their representatives. If the judge or magistrate is personally directly or indirectly interested in the outcome of the case, or there are other circumstances causing a doubt about his objectivity and impartiality (part 1 of article 16 of the RF CPC). It is also necessary to note that the court in the collegial consideration of a case may not include persons consisting in relationship among themselves. The presence of non-procedural information about the treatment received by the judge or magistrate in the civil case, pending in itself may not be considered as grounds for disqualification of a judge.

the planned Institute "disqualification or self-Disqualification" of a judge is to guarantee to participants of process the court's impartiality in the proceedings. However, there are unscrupulous actors, and (or) representatives of participants in the process who apply for disqualification of a judge. In addition, after the judge denied the recusal, the same participants in the process declare a re-statement of disqualification of judge for the same reason. Judge forced to re-consider this statement, which leads to delaying the proceedings.

According to part 3, article 24 of the APC re-statement of disqualification on the same grounds cannot be filed by the same person. According to part 3, article 34 CASS of the Russian Federation in case of refusal in satisfaction of the statement on the withdrawal of the second application on the withdrawal of the same person, and on the same grounds is not allowed.

However, article 19 of the code of civil procedure of the Russian Federation does not contain norms that would prohibit re-apply for disqualification of a judge or magistrate by the same person and on the same grounds.

the Draft Federal law "On amendments to article 19 of the Civil procedure code of the Russian Federation" is proposed article 19 of the code of civil procedure of the Russian Federation to Supplement part 4 States that: "in case of refusal in satisfaction of the statement on the withdrawal of the second application on the withdrawal of the same person, and on the same grounds is not allowed.

the Draft Federal law is under consideration, but in the readings has not yet been considered by the State Duma.

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Complaint procedures for dispute resolution in the APC RF 05.07.2017 at 18:10