In order to become a judge, a person must be a citizen of Russia, be at least 35 years old, have a legal education, and have at least 10 years of service. Gender identity is real and the state has admitted it, U.S. District Judge Robert Hinkle wrote in a 54-page [18], In addition to concerns about the independence and fairness of the judicial appointment process that relate to the composition of Qualifications Collegiums, discussed above in Section 1, the ICJ notes that the examination process lacks clear, unified standards: exam questions, for example, are drafted by each examination commission and differ per region. Judges of other federal courts are appointed by the President of the Russian Federation, according to rules fixed by federal law. A retired judge having a judge work record of at least 20 years or having attained the age of 55 (50 for women) is entitled to work in the bodies of state power, local self-government bodies, state and municipal institutions, trade union and other public associations and also to work as assistant to a deputy of the State Duma or member of the Federation Council of the Federal Assembly of the Russian Federation or assistant to a deputy of the legislative (representative) body of a subject of the Russian Federation, but he/she is not entitled to occupy the position of a procurator, investigator, interrogator. Judges of federal courts are appointed by the President of the Russian Federation. In turn the Collegium then publicly announces the vacancy through the media and the Internet. Trump-Appointed Judge Is Said to Be Handling Documents Case It was not clear whether the judge, Aileen M. Cannon, would remain assigned for the entirety of the case. Individuals who have successfully passed the examination and meet the other criteria set out in law and the Constitution, may submit their application (including relevant documents) to the Qualification Collegium. The Supreme Court consists of the Judicial Panel for Civil Affairs, the Judicial Panel for Criminal Affairs, and the Military Panel, which deal with respective cases. People's Court (Soviet Union) - Wikipedia Security of tenure and irremovability are key elements of the independence of judges. Constitutional (charter) courts have been created in a number of constituent entities of the Russian Federation (republics, territories, regions, federal cities, etc.) Connect with us on social media or subscribe to our news feed to receive regular updates. The powers of the judge in the Russian Federation shall not be limited to a definite time term, with the exception of the cases, stipulated by the federal constitutional laws and by the present Law. Judges shall be irreplaceable. CIJ - Comisin Internacional de Juristas Judicial Appointments [29], The Constitution and the law provide that judges shall be irremovable and that their powers can only be ceased or suspended on the grounds and according to the rules fixed by law. [12], In accordance with the Constitution, individuals who are appointed as judges must be Russian citizens, over 25 years of age with a higher education in law and a law service record of not less than five years. Seven-in-ten minority judges who have served on the federal bench were appointed in the last 25 years. [20], In accordance with the procedure prescribed by law, the Qualification Collegium considers the applications submitted and either, recommends one or more candidates to the courts president, or declines to do so. The powers of a judge be ceased or suspended only on the grounds and according to the rules fixed by the federal law. Trial by jury in Russia is an ongoing legal and political experiment that has been carried out for the last 155 years. Multiple institutions function somewhat like a supermajority, and help to ensure that judges must have broad support (institutional or political) before appointment. By MEAD GRUVER June 22, 2023. The Judge: Judge Aileen Cannon, a Trump appointee who showed favor to the former president earlier in the investigation, has scant experience running criminal trials. There are 115 members of the Supreme Court. [23] He may refuse to appoint a judge recommended to him or her for appointment by the Qualification Collegium, and such refusal is final and need not be reasoned. The Committee expresses its concern at the attacks on the independence of the judiciary,in violation of article 14, paragraph 1, of the Covenant. The Judge: Judge Aileen Cannon, a Trump appointee who showed favor to the former president earlier in the investigation, has scant experience running criminal trials. Appointed to life terms, judges for document.write( part1 + '@' + part2); 46. [5]In relation to the appointment and promotion of judges the United Nations Human Rights Committee and the Special Rapporteur on the independence of judges and lawyers have repeatedly recommended the use of bodies that are independent from the executive,[6]are plural and are composed mainly (if not solely) of judges and members of the legal profession;[7]and that apply transparent procedures. The Committee recommends that the State party: . The Nuremberg Judges | American Experience | PBS They shall not be liable to transfer to another post or to another court without their consent, and their powers may be terminated or suspended only on the basis and in conformity with the procedure stipulated by the present Law. Throughout this period several FAQs - University of Denver Judges are promoted by applying for a new position, so the promotion process suffers from the same problems as the appointment process. (c) Participation in judicial appointments by the Executive or the Legislature orthe general electorate is consistent with judicial independence so far as suchparticipation is not vitiated by and is scrupulously safeguarded against impropermotives and methods. The Supreme Court of the Russian Federation (Russian: , romanized:Verkhovny sud Rossiyskoy Federatsii) is a court within the judiciary of Russia and the court of last resort in Russian administrative law, civil law and criminal law cases. The Committeeconsiders that particular attention should be given to the training of judges and to thesystem governing their recruitment and discipline, in order to free them from political,financial and other pressures, ensure their security of tenure and enable them to renderjustice promptly and impartially. Judicial districts of Russia - Wikipedia [16], Selection, based on the principle of competition,[17] begins with an examination carried out by examination commissions under the Qualification Collegiums of judges. Webconstitutional courts. Whereas a panel reviews the decisions of lower courts, an appeal is brought to the Presidium of the Supreme Court. The Committee is concerned about the apparent lack of independence of the judiciary,as reflected in the process of appointment and dismissal of judges as well as in their economicstatus (art. This ensured the transparency of theselection and appointment processes. The procedure for conducting a qualifications examination for the post of judge, as well as the regulations on the examination commissions shall be approved by the Higher Qualifications Judicial College of the Russian Federation. Law on the Status of Judges in the Russian Federation. Impartiality is often considered important for rule Judge Lewis earned a Bachelor of Science in 1992 from Bentley College and a Juris Doctor in 1995 from Boston College Law School. Further, it does not adequately safeguard against appointment for improper motives. 2. The State party should guarantee the full independence and impartiality of thejudiciary by establishing an independent body charged with the responsibility ofappointing, promoting and disciplining judges at all levels and by remuneratingjudges with due regard for the responsibilities and the nature of their office. The ICJ received reliable reports that applicants for judicial office must in addition also collect and submit more than a dozen authorizations, including from the prosecutors office, police, intelligence services and other law enforcement bodies. The system of commercial courts is composed of three elements: commercial courts of constituent entities of the Russian Federation (first instance), appellate commercial courts (appellate instance) and commercial courts of circuits (courts of cassation). Persons selected for judicial office shall be individuals of integrity and ability with appropriate training or qualifications in law. Judge However, in 2009, such elections were canceled and the Chairman became The terms of office of judges should be established by law. Decisions as to promotion are then pronounced by the authority referred to at paragraph 1.3 hereof or on its proposal, or with its agreement. Appeals of the decisions of the panels are brought to the Cassation Panel. A permanent appointment should only be terminated in cases of serious breaches of disciplinary or criminal provisions established by law, or where the judge can no longer perform judicial functions. CHEYENNE, Wyo. [24] The Presidents wide, final and unaccountable refusal power in the judicial appointment process undermines safeguards of independence, transparency and fairness in the judicial appointment process in Russia. Appeals against decisions of justices of the peace are considered by district courts. States should take specific measures guaranteeing the independence of the judiciary, protecting judges from any form of political influence in their decision-making through the constitution or adoption oflaws establishing clear procedures and objective criteria for the appointment, remuneration, tenure, promotion, suspension and dismissal of the members of the judiciary and disciplinary sanctions taken against them. 7. The judges powers shall be terminated: on the last day of the month, in which the term of his powers expires, if this term is fixed by the law; on the last day of the month, in which he reaches the age established by Item 1 of the present Article; on the next day after the decision of the qualifications judicial college on a pre-schedule termination of the judges powers comes into force. The Russian Jury Trial (Chapter 12) - Juries, Lay Judges, and Mixed The Committee notes that, despite recent improvements, the proportions of women participating in public life, particularly at senior levels of the executive and judiciary and in Parliament, and also in the private sector, remain at low levels. A court of appeal is never located in the same region as the court subordinate to it. In the Special Rapporteurs view, if the body is composed primarily of political representatives there is always a risk that these independent bodies might become merely formal or legal rubber-stamping organs behind which the Government exerts its influence indirectly. WebIn Russia: Justice of Russia. At plenary sessions the Supreme Court studies the judicial decisions of lower courts on various topics and adopts resolutions, which establish recommendations on the interpretation of particular provisions of law for lower courts for uniform application. 4. While judges who have served for twenty years or more cannot be appointed as prosecutor, investigator or interrogator,[15] no such restriction exists as regards judicial appointment. 6. The State party should facilitate the participation of persons who are members of minority groups in publicly elected bodies, including the National Assembly and local government. 2.1. Justice Momotov serves as the President of the Council of Judges of the Russian Federation as well as Judge Law on the Status of Judges in the Russian Federation. Judges of constitutional (charter) courts and justices of the peace of constituent entities of the Russian Federation are appointed in accordance with the legislation of the respective constituent entities. To secure the most suitable appointments from the pointof view of professional ability and integrity and to safeguard individualindependence, integrity and endeavour shall be made, in so far as possible, toprovide for consultation with members of the judiciary and the legal profession inmaking judicial appointments or to provide appointments or recommendations forappointments to be made by a body in which members of the judiciary and thelegal profession participate effectively. 31. [2][3] Supreme Court judges are nominated by the President of Russia and appointed by the Federation Council. Justices of the peace administer justice on the local level and have limited jurisdiction. Rather thanexpressing a view on the various alternatives, the Special Rapporteur believes that, in keepingwith United Nations standards, the country should immediately arrive at a formula to govern theappointment of a Supreme Court which will include the following elements:. judge The people's assessors had duties similar to jurors, but decided both 7. The composition of this body matters greatly to judicial independence as it is required to act in an objective, fair and independent manner when selecting judges. It draws attention to the fact that suchindependence is limited owing to the lack of any independent mechanism responsible for therecruitment and discipline of judges, and to the many pressures and influences, including thoseof the executive branch, to which judges are subjected. If it is reversed the Supreme Court either renders its own resolution or provides that the case is to be reheard in lower courts. The appointment of persons from minority backgrounds as members of the police, public administration and the judiciary, is also important to assure the representation of the needs of varied communities in the planning, design, implementation and evaluation of policies and programmes affecting them. While as described below in section 4, judges nonetheless remain accountable throughout their terms of office, as a necessary corollary to the guarantee of security of tenure, international standards specify that during their term of office, judges may be removed only in exceptional, strictly limited and well-defined circumstances provided for by law, involving incapacity or behaviour that renders them unfit to carry out the duties of their office, and following a fair procedure. Mr. Pieters is the latest in a string of Trump-appointed immigration judges to be ousted. If he disagrees with the said decision, the chairman of the court shall return it for a repeated consideration to the same qualifications judicial college. The Committee remains concerned that, despite the reforms undertaken and the progressmade during the reporting period, through, inter alia, the amendments in the Judges Act, theadoption of the Judicial Council Act, the establishment of the statute of the Judges SelectionCommittee, the Code of Ethics for Judges, the State partys judiciary does not appear to be fullyindependent from the executive branch or from political pressure. Judge Report of an ICJ mission, "Article 22. They primarily consider civil and administrative cases in which the rights of the military personnel are violated, as well as cases on crimes committed by the military personnel. Any method of judicial selection shall safeguard against judicial appointments for improper motives. (articles 2, 25 and 26). Commercial courts administer justice in the sphere of entrepreneurial and other economic activities. It is concerned about the lowremuneration of local judges and prosecutors, the low representation of ethnic minorities in thejudiciary, the excessive length of civil court proceedings and court backlogs and the frequentfailure to enforce judgements (art. WebIn Russia: Justice of Russia. 2. On repeated and subsequent appointment (election) to the position a justice of the peace is appointed (elected) for a term established by a law of the relevant subject of the Russian Federation, but not less than five years. Therefore: Measures should be taken to improve the independence and technical competence of the judiciary, including the appointment of qualified judges from among women and members of minorities. judges Judge - Wikipedia Judges who are not proposedwith a view to promotion must be entitled to lodge a complaint before this authority. 17. of the judiciary. In accordance with the results of consideration of the applications from all the citizens who have applied for the post of judge, with the results of checking the authenticity of the documents and of the information, mentioned in Item 6 of the present Article, and with an account for the results of the qualifications examination, the qualifications judicial college shall adopt the decision on recommending one or several the contenders for the post of judge. Courts of appeal now hear appeals (both on points of fact and points of law) against decisions adopted in first instance by the courts of constituent entities. South African president appoints judge to oversee weapons-for terrorism) and all other cases involving the state secret. In view of the above the ICJ expressed concern, in its 2010 report on the State of the Judiciary in Russia, that elements of law and practice in the appointment process do not adequately safeguard the independence and the quality of the judiciary. Courts of constituent entities of the Russian Federation primarily function as an appellate instance vis--vis the district courts. 1). One obvious point unique to constitutional judges is that the system for their selection does not resemble that for ordinary judges. Russian Federation: Newly Adopted Constitutional Amendments 2. Judicial system of the Russian Empire - Wikipedia Mikhail Gorbachev Judges of federal courts and courts of the subjects of the Russian Federation shall be regarded as members of the Judicial Corps as soon as they are sworn into office as judges and until the entry into force of a decision to terminate the powers of a judge, except when the termination of powers is due to the judges honorary retirement or honorary resignation. Nine additional judges in total are expected to join the General Court in this phase of the reform. Judges, whether appointed or elected, shall have guaranteed tenure until a mandatory retirement age orthe expiry of their term of office, where such exists. In the selection of judges, there shall be no discrimination against a person on thegrounds of race, colour, sex, religion, political or other opinion, national or social origin, property, birth orstatus, except that a requirement, that a candidate for judicial office must be a national of the countryconcerned, shall not be considered discriminatory. [27] Until 2009,[28] newly appointed judges had to go through a probation period of three years, which reportedly not only served to filter out appointees who proved incompetent, but also to remove judges for political or personal reasons. A situation where the functions and competencies of the judiciary and the executive are not clearly distinguishable or where the latter is able to control or direct the former is incompatible with the notion of an independent tribunal. 1211 Geneva 1, Switzerland, T +41 (0)22 979 38 00 Those include: challenging of individual acts of the Federal Assembly and decrees of the President of Russia and the Government of Russia; challenging of delegated legislation of governmental agencies; termination of political parties and all-Russian NGOs; challenging of actions of Central Electoral Commission of Russia when organizing presidential elections, State Duma elections or referendum. After he has passed the qualifications examination, the citizen who satisfies the demands made by the law on the contender for the judges post, shall have the right to turn to the corresponding qualifications judicial college with an application for being recommended for filling a vacant post of judge. In particular, the State party should seek ways to increase the number of candidates belonging to minorities included in the list of political parties running for elections. The membership of the independent authorities referred to in paragraphs 46 and 47 should ensure the widest possible representation. However, where the constitutional or other legal provisions prescribe that the head of state, the government or the legislative power take decisions concerning the selection and career of judges, an independent and competent authority drawn in substantial part from the judiciary (without prejudice to the rules applicable to councils for the judiciary contained in Chapter IV) should be authorised to make recommendations or express opinions which the relevant appointing authority follows in practice. In criminal cases regarding a number of crimes, the accused person may request a jury trial. According to Article 22 of the Federal Law "On the Supreme Court of the Russian Federation", the permanent residence of the Supreme Court of the Russian Federation is the city of Saint Petersburg. The judge in resignation shall remain a member of the Judicial Corps until the termination of his or her resignation and may, with his or her consent thereto, participate in the work within bodies of the Judicial Corps. Overview of the Judicial System of the Russian Federation Decisions concerning the selection and career of judges should be based on objective criteria pre-established by law or by the competent authorities. Most appointees for judicial office are either court clerks or individuals who have worked in judges offices, such as former researchers.[25]. 3. Summary. var part3 = ""; Decisions on selection, nomination and career shall be based on objective criteria and taken by the body in charge of guaranteeing independence. Until that date, the Supreme Court of the Russian Federation shall exercise its powers in the city of Moscow.[1]. WebThis article assesses the power of judges in Russia (on courts of general ju-risdiction, arbitrazh courts, and military courts) in dealing with cases in which the government or one The Judge: Judge Aileen Cannon, a Trump appointee who showed favor to the former president earlier in the investigation, has scant experience running criminal trials. The President of the Russian Federation in a month term since he receives necessary materials appoints judges of federal courts and introduces the applicants for the offices of Justices in the Supreme Court of the Russian Federation and the Highest Court of Arbitration for appointment to the Council of Federation of the Federal Assembly of the Russian Federation or refuses to introduce them and informs the chairman of the appropriate court about that. UN Basic Principles on the Independence of the Judiciary, Recommendation CM/Rec(2010)12 of the Committee of Ministers to member states on judges: independence, efficiency and responsibilities, European Charter on the Statute for Judges, Report on the Independence of the Judicial System, Part I: the Independence of Judges, General Comment No. A plenary session must be attended by all judges of the Supreme Court and the Prosecutor General of Russia. In this connection the Special Rapporteur refers to the appointment of the judges of theSupreme Court of Ecuador in 2005, which were made in accordance with hisrecommendations,31 in particular those referring to objective criteria to select candidates with aview to their independence, competencies and integrity. The judges, appointed by both Republican and Democratic presidents, have already accepted pleas from 165 defendants and have imposed more than 70 sentences. judge Trump-Appointed Judge Is Said to Be Handling Documents Case Besides the said application, to the examination commission shall also be submitted; the original of the document, identifying the person of the contender as a citizen of the Russian Federation, or a copy thereof; the questionnaire, containing the biographical data on the contender; the original of the document, confirming that the contender has a legal education, or a copy thereof; the originals of the work book and of the other documents, confirming the contenders labour activity, or the copies thereof; the document on the contenders having no diseases, preventing his appointment to the post of judge. As a result, the Supreme Court of the Russian Federation, heading the system of courts of general jurisdiction, was merged with the Supreme Commercial Court of the Russian Federation, heading the system of commercial courts, to form a new Supreme Court of the Russian Federation, which is now the highest judicial body for civil, administrative, criminal cases, cases on resolution of economic disputes and other cases. However, this provision comes into force from the date when the Supreme Court of the Russian Federation begins to function in this city, which is conducted by the President of the Russian Federation in accordance with the Supreme Court of the Russian Federation. Chairman of the Constitutional Court of Russia - Wikipedia Their procedures should be transparent with reasons for decisions being made available to applicants on request. F +41 (0)22 979 38 01 judge 14). Law on Introducing Amendments to Articles 6 and 11 of the Law of the Russian Federation on Status of Judges and Articles 17 and 19 of the Federal Law on the Bodies of the Judicial Community in the Russian Federation (17 July 2009), N 157-FZ. 28. Once this is done, those bodies or authorities responsible for any appointment or promotion will be obliged to act accordingly, and it will then at least be possible to scrutinize the content of the criteria adopted and their practical effect. Thisexperience was qualified by the United Nations as a major example of good practices. WebMichael A. Lewis was appointed as an Immigration Judge to begin hearing cases in December 2022. Probationary periods for judges in office are problematic from the point of view of independence. On Feb. 17, 2022, Trump-appointed Circuit Judge Andy Oldham and George W. Bush -appointed Circuit Judge Jennifer Walker Elrod upended the district courts ruling. (b) Any methods of judicial selection shall scrupulously safeguard against judicialappointments for improper motives. Gabriela Knaul, Special Rapporteur on the independence of judges and lawyers. The State party should consider amending the mechanism for the appointment ofjudges to secure tenure, so as to guarantee fully the principle of the independenceof the judiciary. Justices of the Supreme Court of the Russian Federation and of the Highest Court of Arbitration of the Russian Federation are appointed to the office by the Council of Federation of the Federal Assembly of the Russian Federation according to the application of the President of the Russian Federation, which must be introduced taking into account the opinions of the Chairman of the Supreme Court of the Russan Federation and the Chairman of the Highest Court of Arbitration respectively.