Disqualification of a judge in a criminal or civil trial - a measure provided by law to enforce a fair and impartial consideration of all the circumstances of the case and to make an objective decision.Withdrawal can be done at the request of a participant in proceedings with the consideration of the grounds cited or at the request of the judge (rejection).
Disqualification of a judge in civil proceedings in the following cases:
- during the last examination of the case the judge took part in the proceedings as prosecutor, witness, expert, court clerk, a representative of any party, as well as an interpreter or a specialist;
- the judge is a relative of the participant of the process;
- he is interested in determining the outcome of the case (direct or indirect);
- there are other reasons to doubt his or her impartiality;
- he was a judge of first instance in the transfer of production subsequent instance (appeal, cassation, etc..).
Disqualification of a judge in a criminal trial occurs if:
- in this criminal case the judge - the defendant, the plaintiff or witness.
- previously it was held in this case as a prosecutor, investigator, expert, translator, secretary of the meeting or a representative of any of the parties;
- he participated in the examination of the case by the court of the previous instance;
- is a relative of any of the participants in the process.
In considering the application for disqualification of a judge Court of the Russian Federation shall be guided by the position of the European Court.Any grounds for disqualification of a judge should be carefully and thoroughly examined in order to avoid the slightest of reasons that give reason to doubt the impartiality of the justice and the decision.About the lack of fairness and partiality against a judge may indicate even his demeanor in the courtroom.
Unfortunately, in the Russian courts, this requirement is not always respected.In civil proceedings the judge often takes the side of the plaintiff or the defendant admits the criticism and cited arguments.The judge may express a personal opinion on the driven side of the argument or indicate its position prior to removal to the meeting and a formal decision.During the criminal trial judge can openly support the accuser and ignore the arguments of the defense.
Disqualification of a judge in these circumstances, despite the apparent presence of bases, almost not made.Higher courts also ignore the request of the applicant on the rejected applications for disqualification.Thus, it becomes obvious that there is a need to revise the application procedure for disqualification of judges and thorough investigation into all the circumstances of the case.
At the same time there is a practice of endless delaying the trial of one of the parties by filing more and more new applications for disqualification of a judge, even if they are not met.The Procedure Code there is a clause on the inadmissibility of the application for re-allotment by the same person on the same grounds.
Disqualification of a judge may be filed at the preliminary meeting, then the issue should be resolved before the end of the meeting.In reviewing the lawsuit withdrawal is impossible - except in cases where the circumstances for removal became known to the applicant after the commencement of the process.Upon completion of the case law does not allow such statements.
application for withdrawal is considered by a single judge or a panel of judges (if a collegial hearing).In this case, the judge on a plea which is considered in the meeting is not involved.When you challenge the magistrate, as a rule, the case is submitted to another magistrate of the same judicial district, and if this is not possible - the magistrate to another district.In the case of removal of the entire composition of the court case is pending before the same district court in another composition or transferred to the court of another district in the impossibility of such a substitution.
