In the Council of judges of the Russian Federation the order of the Government of the Russian Federation from August 3rd, 2011 № ВВ-П4-5478 is discussed.

In the Council of judges of the Russian Federation the order of the Government of the Russian Federation from August 3rd, 2011 № ВВ-П4-5478 is discussed.

In the Council of judges of the Russian Federation the order of the Government of the Russian Federation from August 3rd, 2011 № ВВ-П4-5478 of expediency of preparation of the Federal Law draft directed on realization of the Resolution of the Constitutional Court of the Russian Federation from July 20th, 2011 №19-П is discussed.

According to point 3.3 of the aforesaid Resolution of the Constitutional Court of the Russian Federation, points 1 and 2 of clause 3 and point 1 of clause 12.1 of the Law of the Russian Federation «On the status of judges in the Russian Federation» in their system interrelation don't assume attraction of the judge to a disciplinary responsibility for a miscarriage of justice if the judge acted within the limits of the judicial discretion and hasn't admitted flagrant transgression at application of norms of material law or formal law.

By the given Resolution the Constitutional Court of the Russian Federation recognized the interconnected positions of points 1 and 2 of clause 3, point 1 of clause 8, point 1 of clause 12.1 of the Law of the Russian Federation «On the status of judges in the Russian Federation», clauses 19, 21 and 22 of the Federal Law «On the bodies of judicial community in the Russian Federation» not contradicting the Constitution of the Russian Federation.

The Council of judges considers that existing legal regulation of attraction of judges to a disciplinary responsibility is sufficient, in this connection there is no necessity of accepting of the special law for this area.

More detailed legislative regulation of the questions, concerning judicial responsibility, can bring to nothing the major guarantee of an independence of the courts fixed in point 2 of clause 16 of the Law of the Russian Federation «On the status of judges in the Russian Federation», containing a categorical prohibition on attraction of the judge to any responsibility for expressed at realization of justice opinion except for criminal intention. Fluidity of judicial cadres not marginally accounts for a constant risk to be subjected to a disciplinary responsibility for expressed opinion at realization of justice.

At the present time legislation interpretation of this question is given by the resolution of Plenum of the Supreme Court of the Russian Federation from May 31st, 2007 № 27 «On practice of consideration by courts of affairs about contest of decisions of qualifying boards of judges about attraction of judges of regular courts to a disciplinary responsibility», by a number of resolutions and determinations of the Constitutional Court of the Russian Federation which should be used at the decision of a question on a disciplinary responsibility of judges and provides the balance sheet between independence of the judge and its obligations to society.

Detailed enough adjustment of rules of behavior of judges during office and off-duty time will be given in a revised version of the Code of judicial ethics over which the Council of judges now works and which will be brought for discussion of VIII All-Russia congress of judges in 2012.

The Presidium

of the Council of judges

of the Russian Federation



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