Judges enjoy a privileged position in any country. Their work requires a high level of professionalism and honesty. Since the fate of people depends on their decisions, the state, while granting privileges, requires judges to make corresponding obligations. To do this, laws and regulations have been created that spell out the basic rights and obligations of judges.
Who is the judge and what is the essence of his work?
A judge is an official of the state who is the executor of justice and the judiciary. The basic rights and obligations of judges are spelled out in the Law “On the Status of Judges in the Russian Federation”, as well as in various other legal and by-laws, decrees.
As a high-ranking government official, he has immunity. That is, until he is removed from his post, he is beyond jurisdiction. All judges have a single status, but the scope of their rights and obligations depends on the level of their position in the judicial system, the specifics of local legislation and the level of qualifications. The Russian legislation also provides for requirements for a judge that apply throughout the Russian Federation. They are mandatory for all judges, regardless of their level of competence and region.
Any citizen of the Russian Federation who has reached 25 years of age, with a higher legal education and at least 5 years of experience in this profession, is entitled to hold the post of judge. This experience does not include the time of study at the university. The length of service takes into account only the time during which the candidate worked as a lawyer, assistant to a lawyer, in the investigative committee, and notary public.
Depending on the region, additional requirements may apply to the candidate. The main thing is that he or his close relatives should not have an outstanding conviction.
Types of ships
The court is a state body administering justice in accordance with laws adopted in the country. A judge in Russia has the right to apply coercive measures provided for in Russian law to persons who violate the law. All state courts of the Russian Federation comprise the judicial system, which consists of the following instances:
- Constitutional.
- Supreme.
- Arbitration.
- World.
Justice in them is carried out by applying the Constitution, civil, administrative and criminal legislation of the Russian Federation. The duties of a judge include the consideration of cases that fall within his competence.
For each instance, a judge or judges are appointed with special qualifications suitable for appointment at a particular level of the hierarchy of courts. Moreover, the higher the court, the more requirements are presented to the judge, and the higher the degree of his responsibility. So, the decisions made by the Supreme Court become a precedent and become binding on lower courts.
Constitutional judge
The Constitutional Court considers cases that are related to the Constitution of the Russian Federation, for example, acts that violate the rights and freedoms of citizens prescribed in the Constitution. This instance includes 19 judges, each of whom is appointed to the post by presidential decree for a period of 12 years. The candidate must possess the following data:
- higher legal education, specialty or master's degree;
- Experience in legal activity for at least 15 years;
- age not less than 40 years.
Since such a court is the highest in the hierarchy of courts, the applicant must have high professional qualities in order to get to one of these 19 places. The duties of a judge of the Constitutional Court include the consideration of cases of violation of constitutional legislation, the identification of laws that contradict the Constitution of the Russian Federation. To do this, he must be able to understand various areas of law and have extensive experience.
Supreme judge
It deals with crimes committed by senior officials. The Supreme Court also deals with cases whose justice is in doubt. These are cases commenced due to newly discovered circumstances (re-trial) and appeals. It also examines the cases of the world (district) court, which require a higher level of competence than is prescribed by law.
The post of the Supreme Judge in Russia may be held by a specialist with the following qualifications:
- higher legal education;
- legal experience - 10 years;
- age not less than 35 years.
The candidate for the post of Supreme judge is appointed by the council of judges by voting. Additional requirements or tests may be presented to the candidate to verify the candidate’s qualifications. The appointment is confirmed by decree of the President of the Russian Federation.
The duties of a judge of the Supreme Court include the consideration of complex civil, criminal, administrative and other cases falling under general jurisdiction. He also exercises control over the courts of lower instances.
Arbitration judge
The arbitration court considers economic disputes that arose from civil and administrative legal relations between legal entities, including citizens engaged in entrepreneurial activity as an individual entrepreneur. An arbitration judge in Russia sitting in an arbitration court shall comply with the following parameters:
- education - higher legal;
- work experience - 5 years;
- age not less than 25 years.
A candidate for the position is appointed by a decision of the Qualification Commission of Judges and a decree of the President of the Russian Federation. The duties of a judge include consideration of complaints, litigation, resolution of disputes related to taxes and registration of an enterprise. Cases of bankruptcy or mutual obligations of entrepreneurs. Moreover, the cases of not only Russian enterprises, but also foreign ones that operate or are registered on the territory of the Russian Federation, are considered. A judge must accept a case under his jurisdiction, even if a dispute occurs between a legal entity and an individual or the state.
World judge
The magistrates' court is an instance of the first (lower) level. The justice of the peace deals with civil, administrative and criminal cases. It must meet the following qualifications:
- education - higher legal;
- work experience of at least 5 years;
- age not less than 25 years.
Despite the fact that the requirements for the chairmen of such instances are the lowest, in comparison with others, only a highly qualified specialist can take the position of justice of the peace. The thing is that the number of judges is limited by law. And in order to take the post of judge, you need to wait until the previous one resigns or is removed from his post. The justice of the peace is appointed by decision of the Qualification Collegium of Judges and by presidential decree. The duties of the district judges include:
- engage in divorce proceedings, provided that there are no minor children in the family;
- issuance of a court order;
- to carry out a fair division of joint property between the parties to the divorce proceedings, while the amount of property subject to division should not exceed 100,000 rubles;
- other family matters, except for the processes of contesting paternity or motherhood, deprivation of parental rights and adoption of children;
- property disputes, provided that the value of this property does not exceed 100,000 rubles;
- disputes between the employer and the employee, except when the plaintiff requires restoration to the previous workplace.
However, the duties of a judge include not all civil, criminal and administrative cases. More serious lawsuits are considered by a higher authority. A justice of the peace shall not consider a case if:
- the price of the claim exceeds 100,000 rubles;
- in criminal cases punishable by imprisonment of more than three years;
- divorce proceedings on the division of property, the value of which exceeds 100,000 rubles;
- deprivation of parental rights and adoption of children;
- divorce proceedings if spouses have minor children.
These cases are heard in a district, provincial or supreme court. The Magistrate Court administers justice only to a specific area. This area also extends its authority. On the territory should live from 15 to 23 thousand people. If the population is less than 15 thousand people, one plot (district) is assigned to the judge. If a greater number of citizens live in the area, another judge is appointed.
Judicial Ethics
In addition to qualifications (education, experience), a judge must comply with certain professional standards and observe the ethics of judges. Whatever position he holds in the hierarchy of judges, he must meet the following parameters:
- To be honest. A judge cannot and does not have the right to accept money and gifts from participants in the trial, to ignore the facts or try to conceal them. He must make decisions based on truth and law, and not on the basis of his selfish goals.
- The judge must be impartial. He should not have the interest or preference of any of the parties to the court. If a situation arises when he will have to judge a citizen who is his relative, the judge is obliged to transfer this case to another person.
- Be law abiding. He should not have a criminal record not only before taking office, but also after. Since he occupies a high post and is the embodiment of law and justice, the requirements for a judge as a guardian of order are very high. If he breaks the law at least once, it will cost him his whole career.
- To study constantly. A judge is required to maintain his qualifications at a high level. In order to make decisions in accordance with applicable law, a judge must know and be able to use laws, decrees, acts in his activity. And for this he must constantly read special literature, codes, legal newspapers and magazines.
- Do not engage in entrepreneurial and political activities. A judge cannot participate in any social and political movements or parties.
- Do not have accounts and property abroad. This clause also applies to the possession of citizenship abroad or dual citizenship, which may cause a suspicion of honesty of the judge, which is unacceptable.
In addition to professional ethics, a judge must comply with the rules and norms of universal morality. All judges are required to comply with laws and obey the decrees of the president and government. You can learn more about what a judge should be from the Ethics of Judges and the Law on the Status of Judges in the Russian Federation.
Professional requirements
Professional requirements are not only such requirements as, for example, education, work experience or age. These are the duties of a judge, which he must fulfill regardless of the instance in which he presides.
- The judge is obliged to confirm that he has everything in order with mental and physical health. He does not use drugs. Does not suffer from alcoholism.
- He must show his income and expenses, as well as the income and expenses of his family. To do this, they annually submit income and expense declarations.
- He does not have the right to accept any gifts from third parties. And if for some reason he cannot refuse a gift, then he is obliged to return it to a special department. Then he can redeem it.
- Engage only in judicial activities. Work in court is hard work, requiring constant self-improvement. We have to disassemble complex, sometimes confusing cases. At the same time, he is obliged to judge in accordance with the latest innovations in Russian legislation. And this means that he must possess not only rich life experience, but also constantly learn.
- The judge must be independent. He should not feel the pressure from other persons when making and making decisions in court. In their decisions, they should be guided solely by law, conscience and on the basis of studies of the evidence presented.
The judge may engage in teaching, write books, articles, lectures. However, he does not have the right to use working hours for such activities or conduct classes to the detriment of his professional activities.
Duties of judges in court
A judge administers justice in accordance with laws and the Constitution adopted in the Russian Federation. In addition to the main powers, reviewing cases and making decisions, the duties of a judge in a court include the following functions:
- Organizes the work of the court.
- Carries out activities for additional training of judges of their level or lower courts. He is obliged to perform this work in his spare time from the main work.
- Based on the adopted rules, establish the procedure and schedule of work within the court and monitor the implementation of tasks.
- Distribute the rights and duties of deputies and judges in accordance with the laws.
- Prepare documents before the trial.
- Lead all processes and trial participants. Maintain order so that both sides of the process can provide the materials they have prepared.
- Inform other courts of their work. This is especially true for judges holding posts in the highest judicial instances.
- Organize a case review process.
If he cannot fulfill the official duties of a judge and for any reason use his powers, he must entrust this work to one of his deputies.
In what cases can a judge lose his post?
A judge may lose his post for failure to fulfill his judicial duties, violation of the law or code of judicial ethics. Moreover, the violation must be serious enough so that the case comes to the removal from office, and not limited to a remark or warning from a higher authority.
The decision to deprive a judge of the position shall be made by the qualification collegium of judges. In this case, the decision must be taken no later than 6 months from the date of discovery of the misconduct. Below are the cases due to which the powers of a judge in the Russian Federation may be:
- if he is recognized as missing by the court;
- upon initiation of criminal proceedings against him and prosecution;
- participation of a judge in political activities;
- concealment of their income and expenses, as well as income and expenses of members of the judge’s family;
- identification of a criminal record of a judge or members of his family not specified in the questionnaire;
- by personal written application;
- failure to perform official duties of a judge;
- for health reasons, if the judge has diseases that do not allow him to engage in professional activities;
- upon reaching the age limit for this position (70 years);
- change of citizenship;
- opening an account with a foreign bank or acquiring real estate abroad; a post may be removed even if the spouse is opened by the judge or minor children;
- engaging in any business incompatible with the activities of a judge.
At the same time, if the judge was temporarily removed from office, he, as before, receives a salary, he and his family continue to have social services. package. He does not lose immunity. However, if he was removed due to the initiation of criminal proceedings against him, he is deprived of all the privileges listed above. The decision to remove or reinstate a judge is made by the qualification collegium of judges.
As practice shows, any violation of the law, professional ethics and rules will forever lead to the loss of a judge’s career. Even if he is reinstated, his reputation, and therefore the opportunities for rapid career growth, will be limited.