In the state Duma on Wednesday, November 23, introduced the draft amendments to the law “On status of judges in the Russian Federation”. Its author — the first Deputy Chairman of the Federation Council Committee on economic policy, former Minister of labour Sergei Kalashnikov.
Kalashnikov proposes to expand the list of grounds for early termination of powers of the judge. The intent of the Senator judges should be fired, if the decision was cancelled by a higher court three times, noted in the explanatory note to the bill.
The document States that this rule should not apply to decisions of juries and other judicial decisions collectively. The bill Kalashnikov stipulates that only the repeated cancellation of the decision by a higher court is grounds for cancellation — changing decisions, such a basis will not be considered.
The necessity of its amendments, the Senator explains that in Russian law there is virtually no mechanism for dismissal of a judge whose non-legal decisions have been reversed by higher courts. “But if the referee one, two, three times makes decisions that are then cancelled, then, sorry, such a judge need to drive the filthy broom,” said Kalashnikov.
According to him, with colleagues in the lower house a bill was not agreed to. Senator no and the positive opinion from the Supreme court. “I sent them a bill, but no reply was received,” — said Kalashnikov. He believes that the adoption of the law can prevent “strong internal communications in the judicial community.”
In the state Duma the proposals of the colleagues from the upper chamber considered declarative, and almost no chance for passing.
The proposed initiative is contrary to the principle of the Russian judicial system under which the judge makes a decision according to their own conviction, said Deputy Chairman of the Duma Committee on legislation, United Russia Rafael Mardanshin. “Of course, the problems in the judicial system exist, including those associated with the pronouncement of illegal decisions. However, in procedural law and decisions of higher courts are not sources of law, and accordingly, the contradiction of the higher courts not to impose a penalty of this kind,” — said the Deputy.
Offer Kalashnikov contradicts the Constitution, which refers to the tenure of the judges, said the Federal judge, Professor at the HSE faculty of law Sergey Pashin. According to him, the proposed principle means that the judge cannot be deprived of his office, including for their decisions if someone they even seem incorrect.
“So this bill is constitutional error. And in fact it is an attempt to strengthen the power vertical in the justice system: once you are the boss, you’re always right. About army rule. But if a higher court with a judge do not agree, it does not mean that it does not work”, — said the lawyer.
“This bill is a nonsense, — said the lawyer Elena Lukyanova. And another illustration of the dense incompetence of our legislators. The judge has the right to their own opinion. And the members of Parliament that suggest this, even close to the legislation can not keep away”.
