How to complain about a judge?

Not everyone knows where to complain about the work of the court, although many of those who were once forced to turn to this authority have encountered unpleasant and unfair situations. It so happens that the majority feel like an oppressed class, so they rarely think about how they can defend their rights. Knowing where to complain about a district court judge, you can get the case reviewed in your favor, restore justice and defend your interests. Our country is experiencing more and more reforms of the legal system, and many are poorly oriented in the introduced standards. And the beautiful wording of laws is not always implemented in practice. And yet, citizens must make efforts to achieve due justice, including knowing where to complain about a court decision.

When do you need help?

You need to know where to complain about the actions of the courts if, during a meeting, a representative of the justice system allows himself to ridicule the parties, make aggressive statements, or raise his voice or shout. Some are openly rude to citizens, others behave as if “like a boss,” and some even consider the matter biasedly, without even hiding this fact. Not every citizen in such a situation understands that this is illegal and demands protection of his rights.

If a judge has forgotten about the rules of conduct, the best way to remind him of this is to write a complaint formally. At the same time, you should not think that this will spoil the attitude towards the participants in the process even more - as such, there is no and cannot be a relationship with the judge, but injustice must be eliminated. Knowing where to complain about the chairman of the court, you can force your interests to be taken into account, as well as force those who are called upon to protect the rule of law to comply with the laws. Just writing a complaint with official registration eliminates the problem of raising your voice and inappropriate behavior in the courthouse. It is noted that after such a measure there will be a minimum of violations in the procedure - although the volume of official papers is likely to increase.

Where to file a complaint against a judge

In this regard, the question arises: where to complain about a judge? If you have already decided to file a complaint, then you can complain about the actions or inactions of a judge to the Qualification Board of Judges, as well as to the High Qualification Board of Judges.

The Higher Qualification Board of Judges has the right to check the actions of judges working in the Supreme Court of the Russian Federation, in federal arbitration courts of districts and in military courts.

A complaint against a judge of the Constitutional Court of the Russian Federation must be filed with the Constitutional Court itself,

A complaint against a judge of a district (city) court or against a magistrate is considered by the qualification board of judges of a constituent entity of the Russian Federation; it studies in detail the arguments of the complainant and gives its assessment.

There is also the simplest option - to complain about the judge to the chairman of the court in which your judge is conducting the case. The chairman can be contacted if, for example, the judge is unreasonably delaying the process or giving legal advice to the opposing party.

Who will help?

First of all, to the question: “Where can I complain about the court?” - Experts advise contacting a qualification board. An alternative option is a judicial council. If the court procedure is violated, if the consideration is delayed for unjustified reasons, and the representative of the court is in no hurry to fulfill the obligations assigned to him within the court, then the chairman of the court will come to the rescue. You can write a complaint to him if, for example, the parties were not notified of the state of the case within the required period.

The bias of the judge is another reason to figure out where to complain about the regional court. Citizens interested in the correct consideration of the case have the right to challenge. This is unlikely to be accepted, since it is not in the interests of the judge to admit his interest in the original decision, be it direct or indirect. Nevertheless, an application for recusal is a reason for a representative of a law enforcement station to begin to behave correctly in the courtroom. Often, questions about where to complain about the district court arise when the main participant in the process advises one of the parties directly during the meeting. If you write a recusal, such illegal behavior will stop.

Where to file a complaint against a judge

An ordinary citizen submits a complaint exclusively to the chairman of the court, under whose leadership the judge works. Neither to the qualification board of a constituent entity of the Russian Federation (to consider such a complaint, the representation of the chairman is required), nor to a higher authority, nor to the Higher Qualification Board. The fact is that the Qualification Board of Judges will conduct an inspection of a complaint against a judge only after receiving a recommendation from the chairman of the court.

Rarely does a complaint against a judge actually lead to disciplinary action, but such a document can become a psychological incentive for a “slow” judge to take responsibly the tasks assigned to him of an objective and impartial consideration of the case.

Where won't it help?

It is believed that among the options where to complain about the district court, the prosecutor's office would be a good option. This is an erroneous opinion; the employees of this authority will not help you in any way. Contacting the media will not be helpful either. There is an opinion that the European Court can come to the rescue - this is also wrong. This is due to the specific position of the courts in the legal system of our country - they have a high level of independence, therefore the indicated directions for writing a complaint do not have leverage or influence. When figuring out where to complain about the court, you need to turn first to the authorities that have specific authority.

Reason for filing an application

The reason for filing a complaint may be:

• exceeding the time allotted for consideration of the case, or simply red tape;
• ignoring submitted requests;
• inappropriate behavior of a judge in the courtroom;
• neglect of the requests of the participants in the case to include evidence in the materials;
• preventing the parties from presenting their arguments;
• biased attitude towards one of the parties, violating the principles of impartiality of the court and equality;
• rudeness;
• humiliation of human dignity and so on.

In practice, the likelihood of committing an offense is quite high, since any legal process takes a long time and is divided into several stages, for which there are separate legal requirements.

Disciplinary offenses include any action of a judge committed during working hours or during free time, if it violates the provisions of the Law of the Russian Federation of June 26, 1992 N 3132-1 “On the status of judges in the Russian Federation” and the Code of Judicial Ethics. It also damages the authority of the judicial system in general and the reputation of the servant of the law in particular.

Before making a complaint against a judge, the victim needs to make sure that he can substantiate the facts indicated in the official document and decide where, in fact, to send it.
Not everyone knows where to complain about an illegal court verdict, although many of those who have at least once had the opportunity to appeal to the courts have had to deal with unfair situations and arbitrariness. If necessary, you can challenge a verdict, for example, you can appeal an illegal court decision in a criminal case in the same place where the decision was made, only in a higher authority.

An allegation of inappropriate conduct by a judge will not affect the sentence; the result may only be the appointment of another specialist to consider the particular case.

It is worth remembering this and clearly presenting the result of your actions.

And that will be?

You should not hope that you will be able to fire a judge just by knowing where to complain to the court and using this information. Of course, this is theoretically possible, but in practice it happens extremely rarely and only indicates the presence of influential enemies of the judge who took advantage of the prevailing circumstances.

In the classic version, after 30 days, the citizen receives from the authority an official response to the complaint, most often containing information that judicial conduct is beyond the competence of the responding authority. Another common option is to “shift” all the blame onto the assistant referee and indicate that the person responsible was punished.

So no benefit?

Do not think that formulating a formal complaint is a waste of time. Despite the official soft response, which does not indicate any serious measures, you need to understand that the complaint is being considered, not by the judge himself, but by higher-ranking employees of the authority - as a rule, the chairman. Usually, as lawyers say, in such a situation the judge is privately called upon to behave more adequately during the court hearing.

Features of formulating a complaint

A fairly common mistake is writing a document based on a sample and sending it for consideration to the Higher Qualification Committee. Ordinary people who do not have a specific legal education mistakenly believe that just one appeal can provoke the highest body of the judicial system in the country to deal with any case.

The specifics of the legal system in our country are such that it is necessary to have documentary evidence of literally every step. That is, the president of the state, the HQCC or the chairman of the court cannot remove a judge from the process solely on the basis of a complaint. No one can correct court decisions - this immunity is stipulated in the law. However, about a third of complaints lead to disciplinary punishment, most often in the form of termination of authority for a certain period of time.

Differences between the Qualification Board of Judges and the Higher Qualification Court

Higher Judicial Court - the powers of this institution are described in detail in the Federal Law “On Institutions of the Judicial Group in the Russian Federation”.

There are only 29 participants in the HQCC: one participant is approved by Vladimir Vladimirovich, 10 are approved by the Federation Council of the Federal Assembly, and the other 18 are elected by confidential voting by the All-Russian Congress of Judges.

The main authority of the Supreme Court is to beautifully announce in the media about the vacancy of the head and deputy courts of the Supreme Arbitration Court of the Russian Federation, the Federal Antimonopoly Service, the Arbitration Court and other “large” judicial institutions.

That is, any complaint against a judge or a candidate for the duties of a judge of an object of the federation, the head (deputy) of a city (district court), an arbitration court or a judge of a city district court, justices of the peace - the HKKS must simply be sent further along the “hierarchy”: to the KKS of the subject of the Russian Federation.

And how to achieve your goal?

In order for a complaint to produce a result that is truly useful for a particular case, and not to be lost in huge volumes of paperwork, it is necessary to support the description of the situation with the most voluminous list of documentation. Those who regularly check case materials in person have the best chances. In them you can find a variety of mistakes made by law enforcement officials. All these errors must be recorded, documented, and saved. Even if this is a mistake that seems insignificant at first glance, it deserves the attention of someone who wants to fight judicial arbitrariness.

If inconsistencies or other violations in the documentation are identified, the sheets must be copied and saved. It is equally important to regularly check meeting minutes. They may be compiled in violation of the deadlines; if there is one, you need to file an application for the provision of documentation. If it is revealed that the protocol diverges from the actual flow of the meeting, it is necessary to formulate comments about this for five days in a row.

“That’s what they told me!”

This is what the average person will most likely think after reading this sequence of actions. This is true: petitions are unlikely to convince the court of misconduct, because if such occurs, then judges and all legal officials already understand it perfectly well. Nevertheless, regular preparation of official papers, and in case of refusal to consider them, references to new circumstances and re-submission make it possible to compile an impressive portfolio of papers, useful at the stage of proving the illegality of a court decision or court actions within a specific process.

The determination in such a process can be appealed, and to record the meetings you need to have a voice recorder with you - according to the law, a participant has the right to record everything that happens in the room in this way. What is important is that the judge is not required to know about the presence of a voice recorder. The most effective way to deal with violations during a meeting is to submit a request for photo and video recording. If the answer is positive, the meeting will proceed correctly, but it is difficult to give a negative answer with adequate justification. The only exceptions are some specific cases related to rape and adoption.

What rules for filing a complaint against a judge should you follow?

An interested person can draw up a complaint, like a regular statement, by hand and without adhering to a specific template.

However, the document must contain the following information:

• about the authority to which the complaint will be transferred;
• about the complainant, his contacts (mobile or landline phone number);
• about the responsible judge (his full name, position), whose actions aroused the applicant’s suspicions of committing violations during the consideration of the case;
• a list of possible violations that were committed. References to relevant legislative norms are required;
• what demands does the applicant put forward in connection with the violation of his rights during the consideration of the case;
• At the end of the document, a date and signature must be placed.

When filing a complaint, follow the rules of record keeping. If proof requires the inclusion of evidence, it would be appropriate to attach relevant documents to the complaint.

The presence of a representative in the case obliges him to certify his powers - a notarized power of attorney is attached to the document.

Note! In total, you need to prepare three copies of the complaint: one is received by the opponent for informational purposes and to provide him with the legal opportunity to take retaliatory actions, the second applicant keeps for himself to confirm that the document was received, and the third copy is needed to submit the issue for consideration to the KCC.

The complaint review procedure takes place without the participation of the parties. If it is necessary to clarify information or provide additional data, a corresponding written notification is sent.

When receiving a complaint, the applicant must be informed of the extent of responsibility assigned to him, the timing of consideration of the document, the obligation to notify him when making any decision and the progress of consideration of the complaint.

Of the total volume of complaints sent, about 30% are considered in favor of the applicants. As you can see, the chance to prove that you are right is quite large, you just need to act.

What's next?

When you have managed to accumulate an impressive portfolio of documentation confirming the court’s incompetence, bias, and incorrect behavior, you need to write an appeal to the KKS. However, as practice shows, the judge is called to order by the preparatory stage of collecting a basis to substantiate the complaint - after all, a legal specialist understands where the matter is going and will not “cut branches.” If the judge continues to behave incorrectly, in addition to filing a complaint with the CCC, you can file an application for appeal or cassation proceedings.

Where can I complain about illegal actions of a judge?

We will answer this question a little lower, but for now I would like to talk about where you should NOT complain. As practice shows, complaints against judges in the media do not yield results, since in Russia the court is an independent body. Also, you should not file a complaint with the prosecutor’s office; your application will simply not be accepted.

Who can file a complaint against illegal actions or inaction of a judge? Any citizen of the Russian Federation, a stateless person or a foreign citizen can submit such a complaint.

Where can I file a complaint against a judge?

• If you encounter inappropriate behavior of a judge, you can file a complaint with the Qualification Board of Judges, as well as the Council of Judges. Sample complaint to the Council of Judges.
• If there is a violation of the judicial procedure (this can be either a failure by the judge to fulfill his procedural duties or delay in resolving a legal dispute), you can file a complaint with the Chairman of the court. Sample complaint addressed to the Chairman of the court.
• If you suspect a judge of bias, you have every right to challenge the judge. An example of a challenge can be found here .

Important recipients: if the judge is wrong

The most relevant in this matter is the Federal Law, introduced under number 30. Articles 17-19 consider the sequence of departments that can help a citizen whose rights have been violated in a legal instance. If a problem arose with the chairman of the federation. court (deputy), then the VKKS comes to the rescue. This is where you need to go if you have encountered injustice in the Supreme Court. But the chairmen of district courts and their deputies are already the area of ​​action of the CCC of a particular region. The VKKS will help if unfair situations arise in a military court. All other situations should be dealt with by the regional branches of the judicial commission.

If a citizen does not agree with the decision of the KKS, it is necessary to seek help from the VKKS. It follows from Law 30 that while a citizen’s appeal is being considered, judicial powers in a conflict case can be temporarily suspended. The QCC has a month to study the appeal; the HQCC, by law, has a three-month period to make a decision on the issue presented.

Towards justice!

In the event of a conflict situation within the framework of the judicial process, it is mandatory to formulate a complaint and send it to the judicial commission dealing with this level of legal authorities. To enhance the effect and attract the attention of numerous lawyers to the problem, you can additionally send a number of appeals. In particular, it would not be superfluous to file a complaint against the president, who appoints judges, as well as against government agencies involved in self-government within the judicial system. The scope of functionality and powers of each of the listed areas is specified in the mentioned Federal Law No. 30.

It would not be superfluous to formulate a request to the judicial council at the level of a federal subject or state. Lawyers from the General Judicial Federal Assembly at the Supreme Court level can come to the rescue. It is worth filing a complaint addressed to the chairman of the court within which the conflict case is being considered. An additional appeal can be written to the Prosecutor General. The listed authorities and persons do not have the authority to consider such complaints, but they can take control of the situation and monitor changes in the situation.

Complaint against a judge to the Qualification Board of Judges

To the Chairman of the Qualification Board of Judges of Moscow _____________________ Address: ______________________________ Tel.: _______________

Applicant: ______________________________, Address: ______________________________ Tel. _______________________

COMPLAINT about procedural violations in case No. _________________ dated __________, inaction and red tape of the federal judge ___________ District Court of Moscow _______________________

Since _____________, civil case No. __________ has been pending in the proceedings of the _____________ district court of Moscow since _____________ on the claim of _______________ with a complaint against the illegal actions of the Administration of the settlement __________ in Moscow, for violation of my civil, land and constitutional rights. Also in the case are two applications for review of this claim due to newly discovered circumstances. The first application was filed in ____________. The judge _____________ refused to reconsider the case. The second application was filed on __________ after clarification from the Moscow City Court, accepted for consideration on __________ and has not yet been considered. Then the red tape began. Case materials are not sent to representatives. Their appearance at the scheduled court hearings of __________, ___________ and __________ is not ensured; the witness declared in the petition ___________ is not called to court hearings. The oral statements of the defendants in this case are also not presented in the case. The judge ___________ accepts them as truth without evidence, thereby violating Articles 6, 12, 56 of the Code of Civil Procedure of the Russian Federation. The federal judge _____________ of the Moscow District Court ________________ does not accept my requests for written evidence in this case, to which the defendants refer orally, thereby violating Articles 55, 56, 57, 58 of the Code of Civil Procedure of the Russian Federation. Despite the lengthy delays in considering this case due to newly discovered circumstances, judge ______________ at the court hearing on __________ is considering the case on the application of the defendant _____________ to recover from me legal costs, expenses incurred by him in connection with the consideration of the case on my claim against the Administration of the Ryazanovskoye settlement in Moscow. In response to my objections that the case has not yet been completed and is under consideration, the judge ____________ states that I must pay the costs for each stage of the court hearing. And in response to my objections that the case was under review, judge _____________ stated that she would never admit her mistakes and would not consider this case on its merits. Article 2 of the Code of Civil Procedure of the Russian Federation. Objectives of civil proceedings The objectives of civil proceedings are the correct and timely consideration and resolution of civil cases in order to protect violated or disputed rights, freedoms and legitimate interests of citizens, organizations, rights and interests of the Russian Federation, constituent entities of the Russian Federation, municipalities, and other persons who are subjects of civil , labor or other legal relations. Civil proceedings should help strengthen law and order, prevent crime, and foster respect for the law and the court.

Article 3 of the Code of Civil Procedure of the Russian Federation. Right to go to court 1. An interested person has the right, in the manner established by the legislation on civil proceedings, to go to court for the protection of violated or disputed rights, freedoms or legitimate interests, including with a request to award him compensation for violation of the right to a trial within a reasonable time term or the right to execute a court order within a reasonable time.

Article 6 of the Code of Civil Procedure of the Russian Federation. Equality of all before the law and the court Justice in civil cases is carried out on the basis of equality before the law and the court of all citizens, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations and other circumstances, as well as all organizations, regardless of their legal form, form of ownership, location, subordination and other circumstances.

The consideration of this civil case N________ in the ___________ district court of Moscow by federal judge ____________ has been going on for almost 2 years and there is no hope that it will be considered on its merits and in accordance with current legislation.

Article 6.1 of the Code of Civil Procedure of the Russian Federation. Reasonable time for legal proceedings and a reasonable time for the execution of a court decision 1. Legal proceedings in courts and the execution of a court decision are carried out within a reasonable time. 2. Cases are tried in courts within the time limits established by this Code. Extension of these deadlines is permissible in cases and in the manner established by this Code, but legal proceedings must be carried out within a reasonable time. 3. When determining a reasonable period of trial, which includes the period from the date of receipt of the statement of claim or statement in the court of first instance to the day of the last court decision in the case, such circumstances as the legal and factual complexity of the case, the behavior of the participants in the civil process, are taken into account. the sufficiency and effectiveness of the court’s actions carried out for the purpose of timely consideration of the case, and the total duration of the proceedings in the case. 4. Circumstances related to the organization of the work of the court, including the replacement of a judge, as well as the consideration of the case by various authorities cannot be taken into account as grounds for exceeding the reasonable period of legal proceedings in the case.

Article 11 of the Code of Civil Procedure of the Russian Federation. Regulatory legal acts applied by the court when resolving civil cases 1. The court is obliged to resolve civil cases on the basis of the Constitution of the Russian Federation, international treaties of the Russian Federation, federal constitutional laws, federal laws, regulatory legal acts of the President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation, regulatory legal acts of federal government bodies, constitutions (charters), laws, other normative legal acts of government bodies of the constituent entities of the Russian Federation, normative legal acts of local government bodies. The court resolves civil cases based on business customs in cases provided for by regulatory legal acts. 2. The court, having established when resolving a civil case that a normative legal act does not correspond to a normative legal act having greater legal force, applies the norms of the act having the greatest legal force.

Sale of a land plot with cadastral N50:27:0020423:237, previously located under the driveways to my site from a public road (Letter of the Administration of the Podolsk district of the Moscow region dated November 29, 2013 N 1385/01-31) Administration of the Ryazanovskoye settlement in the city. Moscow violates not only my legal rights, but also grossly violates the Federal Laws of the Russian Federation and the Constitution of the Russian Federation.

Also here the federal laws of the Russian Federation are grossly violated, namely: 1. Article 45 of the Constitution of the Russian Federation - The right to private property is protected by law. 2. Article 85 clause 12 of the Land Code of the Russian Federation Land plots of public use occupied by squares, streets, driveways, highways, embankments, squares, boulevards, water bodies, beaches and other objects may be included in various territorial zones and are not subject to privatization. 3. Federal Law N 221-FZ “On the State Real Estate Cadastre” Article 39,40. 4. Letter from the Administration of the Ryazanovskoye settlement in Moscow about the lack of authority to dispose of land plots. At the time of receipt of the application from ____________, the Administration of the rural settlement of Ryazanovskoye no longer had the authority to dispose of land plots (Letter from the Administration of the Ryazanovskoye settlement dated ____________, No. ___________). In addition, at the time of formation of the site with cadastral number ______________, they did not have a master plan for the development of the new territory of the village of Molodtsy approved by the Administration of the Ryazanovskoye settlement (Letter from the Administration of the Ryazanovskoye settlement dated ___________, No. _____________), because The master plan was changed several times.

The documents for registration of this plot of land as property and their transfer to the Administration of the Podolsk District of the Moscow Region for approval were also prepared by the Administration of the Ryazanovskoye settlement (resolution of the Administration of the Podolsk District of the Moscow Region No._____ dated ___________) In return for the eliminated passage to my site, they promised to allocate me land for passage a five-meter wide plot on the right side of my plot, despite the fact that the house and garage on my plot are located on the left. The plot of land left for me to travel through is located on the territory of the security zone of military communication cables. So in accordance with Art. 7 of the Federal Law of July 7, 2003 No. 126-FZ “On Communications”, communication networks and facilities are under state protection. Also, in accordance with clause 48 of the Government of the Russian Federation of 06/09/1995 No. 578 “On approval of the rules for the protection of communication lines and structures of the Russian Federation” within security zones without the written consent and presence of representatives of enterprises operating communication lines and radio lines, legal and individuals are prohibited, including from arranging passages and parking for vehicles, tractors and machinery, transporting oversized cargo under the wires of overhead communication lines and radio lines, building canals (aryks), arranging barriers and other obstacles. The Administration of the Ryazanovskoye settlement in Moscow did not provide me with documents confirming written agreement with the owner of the communication lines and permission to build a road and an entrance to my site bypassing the newly formed site with cadastral number ______________. Moreover, all permanent buildings are located on my land on the left, and even moving the gate and entrance to the right side will not provide adequate access to the house and garage. In accordance with Art. 40 of the Federal Law “On the State Real Estate Cadastre”, disputes that are not resolved as a result of agreeing on the location of boundaries, after drawing up an act of approval of boundaries, are resolved in the manner established by the Land Code of the Russian Federation. The boundaries of the plot with cadastral number ________________ were not coordinated with me. Instead, the court was given an act of approval of boundaries for a completely different plot, namely a plot with cadastral number ________________. By his court decision dated _____________, the Federal Judge of the Shcherbinsky District Court of Moscow ______________ believes that this act has a higher priority than the federal laws violated by the Administration of the Ryazanovskoye settlement in Moscow, and makes a judgment in favor of the defendant, which is contrary to Art. 11, 12, 55, 67, 71 Code of Civil Procedure of the Russian Federation and Art. 123 of the Constitution of the Russian Federation.

When forming a package of documents by the Administration of the settlement of Ryazanovskoye (in accordance with the resolution of the Administration of the Podolsky district of the Moscow region No. ____ dated ___________) for registration of a land plot with cadastral number _________________ in the ownership of the Administration of the Podolsky district of the Moscow region instead of carrying out cadastral survey work for cadastral registration a newly formed site that did not have a number according to the general plan for the development of the territory, or a specific location on the ground, or a location on the cadastral plan in accordance with the Federal Law of July 24, 2007. N221-ФЗ. “On the State Real Estate Cadastre” there was a substitution of documents for plot No. ________________, having an area of ​​________ sq.m., with documents for a plot with cadastral number _______________, which had already been registered in the cadastral register since _____, and had a different area, namely __________ sq.m. m, intended for agricultural production, and without any encumbrances.

From the letter dated ___________, No. _________ to the Administration of the Ryazanovskoye settlement in Moscow, it is clear that plots with cadastral numbers _______________ and ________________ are two different plots. They are united only by their location. They have different areas, different encumbrances, different purposes, different permitted uses. Both of them were located at the address: Moscow region, Podolsky district, Ryazanovskoye settlement, area of ​​the village of Molodtsy. The area of ​​the plot with cadastral number ____________ is __________ square meters. The area of ​​the plot with cadastral number _____________ is ________ square meters. At the present time and at the time of registration of ownership of plot No. ____________, plot No. ____________ had already been removed from the cadastral register since ___________. That is, the areas of these areas differ by more than 70 times, and accordingly, these areas have different lengths of boundaries. It follows from this that the act of coordinating the location of the boundary boundaries of a plot with cadastral N ______________ cannot in any way be used as an act of coordinating the location of the boundary boundaries of a plot with cadastral N ________________. As a result, based on the data on the approval of the boundaries of the site with the cadastral number _______________, submitted by the Administration of the Ryazanovskoye settlement to the Administration of the Podolsk District of the Moscow Region, by resolution No. _____ dated ___________ of the Administration of the Podolsk District of the Moscow Region, the layout of the site with the cadastral number ___________ with an area of ​​_____ sq. was approved. m, as a site intended for the production of agricultural products, which does not have any encumbrances in use.

Article 123 of the Constitution of the Russian Federation 3. Legal proceedings are carried out on the basis of adversarial and equal rights of the parties.

Article 12 of the Code of Civil Procedure of the Russian Federation. Exercising justice on the basis of adversarialism and equality of the parties 1. Justice in civil cases is carried out on the basis of adversarialism and equality of the parties. 2. The court, while maintaining independence, objectivity and impartiality, manages the process, explains to the persons participating in the case their rights and obligations, warns about the consequences of performing or not performing procedural actions, assists the persons participating in the case in the exercise of their rights, creates conditions for a comprehensive and complete examination of evidence, establishment of factual circumstances and correct application of the law when considering and resolving civil cases.

Article 55 of the Code of Civil Procedure of the Russian Federation. Evidence 1. Evidence in the case is information obtained in the manner prescribed by law about the facts, on the basis of which the court establishes the presence or absence of circumstances justifying the demands and objections of the parties, as well as other circumstances that are important for the correct consideration and resolution of the case. This information can be obtained from explanations of the parties and third parties, testimony of witnesses, written and material evidence, audio and video recordings, and expert opinions.

Article 56 of the Code of Civil Procedure of the Russian Federation. Obligation of proof 1. Each party must prove the circumstances to which it refers as the basis for its claims and objections, unless otherwise provided by federal law. 2. The court determines what circumstances are important for the case, which party must prove them, and brings the circumstances up for discussion, even if the parties did not refer to any of them.

The opposite party has no written evidence in this case. The judge ____________ accepts their oral statements as truth. Moreover, they are not presented in the court decision. Judge ___________’s assertion that the land plot with cadastral N50:27:0020423:237 has undergone cadastral registration is refuted by the absence in the case materials of documents on cadastral work in accordance with clauses 39.40 of the Federal Law No. 221-FZ “On the State Real Estate Cadastre” "

Article 57 of the Code of Civil Procedure of the Russian Federation. Presentation and request of evidence 1. Evidence is presented by the parties and other persons participating in the case. The court has the right to invite them to provide additional evidence. If it is difficult for these persons to provide the necessary evidence, the court, at their request, assists in collecting and requesting evidence. 2. A petition to request evidence must indicate the evidence, and also indicate what circumstances that are important for the correct consideration and resolution of the case can be confirmed or refuted by this evidence, indicate the reasons preventing the receipt of the evidence, and the location of the evidence. The court issues a request to the party to obtain evidence or requests evidence directly. The person who has the evidence requested by the court sends it to the court or hands it over to the person who has the corresponding request for presentation to the court. 3. Officials or citizens who are unable to provide the requested evidence at all or within the period established by the court must notify the court about this within five days from the date of receipt of the request, indicating the reasons. In the event of failure to notify the court, as well as in the event of failure to comply with the court's request to present evidence for reasons recognized by the court as disrespectful, a fine is imposed on the guilty officials or on citizens who are not persons participating in the case - for officials in the amount of up to one thousand rubles , for citizens - up to five hundred rubles. 4. The imposition of a fine does not relieve the relevant officials and citizens who own the requested evidence from the obligation to present it to the court.

Article 58 of the Code of Civil Procedure of the Russian Federation. Inspection and examination of evidence at its location 3. When examining and examining evidence at its location, a protocol is drawn up.

According to the Decree of the Administration of the Podolsk District of the Moscow Region No. ____ dated ___________, this site was allocated for the improvement and landscaping of the surrounding area. Here, the documentation for the permitted use of the site in accordance with current legislation has not been completed. In accordance with the resolution of the Administration of the Podolsk municipal district of the Moscow region dated ____________, No. ____, the layout of a land plot with an area of ​​____ square meters was approved. m with cadastral number _________________ on the cadastral plan and the dimensions of its boundaries, from state-owned lands, category of land: “land of settlements”, permitted use: “For improvement and landscaping of the territory.” Hence its low price and cadastral value.

Landscaping is a set of measures for the engineering preparation of the territory being developed to ensure the convenience and safety of its use, landscaping, construction of road surfaces, rain gutters, and lighting. The regulatory documentation for the formation of this site, when transferring it into ownership and use for its intended purpose, are: 1. The general development plan for the new territory of the village of Molodtsy at the time of formation of the land plot with cadastral number ______________ was not available in the Administration of the Ryazanovskoye settlement (letter from the Administration of the Ryazanovskoye settlement No.___________ dated ____________ .), because gene. the plan was revised several times. 2. Norms and rules for design, planning and territory development: MGSN 1.01-099; SNIP 21-01-97; VSN 62-91 and Territory Improvement Rules MGSN1.02; TSN 30-307-2002

Neither the Administration of the Ryazanovskoye settlement nor the new owner of the site takes their existence into account when landscaping the territory. The formation of this site was carried out confidentially under the guarantees of the head of the development ______________ in violation of the dimensions of the boundaries specified in the general. plan, as a result, part of the passages along the gene. plan for the border with my site was included in the sold site (Letter of the Administration of the Podolsk District of the Moscow Region No. ______________ dated ___________). As a result, the land plot with cadastral number ___________ is used for other purposes, violating my land, civil, property and rights guaranteed to me by the Constitution of the Russian Federation.

Neglecting the permitted use and purpose of the site with cadastral number ________________, __________ blocked the previously existing passages to my site from public roads with fences, destroyed these passages, eliminated the gate for entering my site from the side of the utility drive, removed the road surface as construction waste, and without permission built up the area that was previously under driveways with sheds, which contradicts the principle of territory improvement, where, during the engineering preparation of the area for improvement, all unauthorized sheds must be eliminated, and the driveways must be cleared and landscaped.

The transfer of ownership of this site was also carried out with violations: There is no information about the implementation of cadastral and survey work, according to Art. 39.40 of the Federal Law of July 24, 2007 No. 221-FZ “On the State Real Estate Cadastre”. The purchase and sale agreement for the plot dated ____________ does not contain: a) Information about the encumbrances of this plot with existing communications b) there is no act and conditions for the confiscation of passages to my plot for No.___, according to the general development plan and their transfer to another owner - plot No.___ , also depriving me of free access to the electricity and gas supply communications of the village.

In accordance with Art. 60 of the Land Code of the Russian Federation, the violated right to a land plot is subject to restoration in cases, including unauthorized occupation of the land plot. Article 60 of the Code of Civil Procedure of the Russian Federation. Admissibility of evidence Circumstances of the case, which in accordance with the law must be confirmed by certain means of proof, cannot be confirmed by any other evidence.

Article 65. Application for securing evidence 1. An application for securing evidence is submitted to the court in which the case is being considered or in the area of ​​​​activity of which procedural actions to secure evidence must be carried out. The application must indicate the content of the case under consideration; information about the parties and their place of residence or location; evidence to be provided; circumstances to confirm which this evidence is necessary; the reasons that prompted the applicant to request the provision of evidence. 2. A private complaint may be filed against the judge’s decision to refuse to provide evidence.

Article 67 of the Code of Civil Procedure of the Russian Federation. Evaluation of evidence 1. The court evaluates evidence according to its internal conviction, based on a comprehensive, complete, objective and direct examination of the evidence available in the case. 2. No evidence has pre-established force for the court. 3. The court evaluates the relevance, admissibility, reliability of each evidence separately, as well as the sufficiency and interconnection of the evidence in its entirety. 4. The court is obliged to reflect the results of the assessment of evidence in a decision, which provides the reasons why some evidence was accepted as a means of substantiating the court’s conclusions, other evidence was rejected by the court, as well as the reasons why some evidence was given preference over others. 5. When assessing documents or other written evidence, the court is obliged, taking into account other evidence, to make sure that such document or other written evidence comes from the body authorized to present this type of evidence, is signed by a person who has the right to affix a signature to the document, and contains all other essential details this type of evidence.

Article 69 of the Code of Civil Procedure of the Russian Federation. Witness's testimonies

(petition to summon __________________) 1. A witness is a person who may know any information about circumstances relevant to the consideration and resolution of the case. Information provided by a witness is not evidence if he cannot indicate the source of his knowledge. 2. A person applying to call a witness must indicate what circumstances relevant to the consideration and resolution of the case can be confirmed by the witness, and inform the court of his name, patronymic, surname and place of residence.

Article 71 of the Code of Civil Procedure of the Russian Federation. Written evidence 1. Written evidence is containing information about circumstances relevant to the consideration and resolution of the case, acts, contracts, certificates, business correspondence, other documents and materials made in the form of digital, graphic recording, including those received via facsimile, electronic or other connection or in any other way that allows the authenticity of the document to be established. Written evidence includes court verdicts and decisions, other court decisions, protocols of procedural actions, minutes of court hearings, annexes to protocols of procedural actions (schemes, maps, plans, drawings). 2. Written evidence shall be submitted in the original or in the form of a duly certified copy. Original documents are presented when the circumstances of the case, according to laws or other regulatory legal acts, are subject to confirmation only by such documents, when the case cannot be resolved without original documents, or when copies of a document are presented that differ in their content. 3. Copies of written evidence presented to the court by a person participating in the case, or requested by the court, are sent to other persons participating in the case.

Land disputes are considered on the basis of written evidence.

Article 79 of the Code of Civil Procedure of the Russian Federation. Appointment of examination

(to consider issues requiring special knowledge)

1. If issues arise during the consideration of the case that require special knowledge in various fields of science, technology, art, craft, the court appoints an examination. The examination may be entrusted to a forensic institution, a specific expert, or several experts. Law of the Russian Federation “On the status of judges in the Russian Federation” dated June 26, 1992 N 3132-1

Article 3. Requirements for a judge 1. A judge is obliged to strictly comply with the Constitution of the Russian Federation, federal constitutional laws and federal laws. A judge of a constitutional (charter) court of a constituent entity of the Russian Federation, a justice of the peace are also obliged to comply with the constitution (charter) of a constituent entity of the Russian Federation and the laws of a constituent entity of the Russian Federation. 2. A judge, when exercising his powers, as well as in off-duty relationships, must avoid anything that could diminish the authority of the judiciary, the dignity of a judge or raise doubts about his objectivity, fairness and impartiality. In the event of a conflict of interest, the judge participating in the proceedings is obliged to recuse himself or inform the participants in the process about the current situation. A conflict of interest is understood as a situation in which the personal interest (direct or indirect) of a judge affects or may affect the proper performance of his official duties and in which a contradiction arises or may arise between the personal interest of the judge and the rights and legitimate interests of citizens, organizations, society, municipal education, subject of the Russian Federation or the Russian Federation, capable of causing harm to the rights and legitimate interests of citizens, organizations, society, municipality, subject of the Russian Federation or the Russian Federation. The personal interest of a judge, which affects or may affect the proper performance of his official duties, is understood as the possibility of the judge receiving income in the form of material gain or other undue advantage in the performance of official duties directly for the judge, members of his family or other persons and organizations with whom the judge bound by financial or other obligations.

Judge ______________ stated that she would never admit her mistakes and would not consider this case on its merits, which indicates her personal interest in the outcome of the case. The judge _____________ does not recuse himself. I ignore my challenges. Article 8. Oath of a judge A judge, first elected to office, takes the following oath in a solemn atmosphere: “I solemnly swear to honestly and conscientiously fulfill my duties, to administer justice, obeying only the law, to be impartial and fair, as commanded.” I have the duty of a judge and my conscience.”

Article 12.1. Disciplinary liability of judges 1. For committing a disciplinary offense, that is, a guilty action (inaction) in the performance of official duties or in extra-official activities, as a result of which the provisions of this Law and (or) the code of judicial ethics approved by the All-Russian Congress of Judges were violated, which resulted in derogation the authority of the judiciary and damage to the reputation of a judge, a disciplinary sanction may be imposed on a judge, with the exception of a judge of the Constitutional Court of the Russian Federation, in the form of: 1) a remark; 2) warnings; 3) early termination of the powers of a judge.

Considering the above, I ask:

1. Reinstate the missed deadlines for consideration of this case by the federal judge of the Shcherbinsky District Court of Moscow ______________________ due to newly discovered circumstances. 2. Ensure the attendance of all interested persons and witnesses at the court hearing 3. Initiate the bringing of the federal judge of the Shcherbinsky District Court of Moscow _______________________ to disciplinary liability for procedural violations and red tape 4. According to paragraph 3 of Article 16 of the Code of Civil Procedure of the Russian Federation (the judge’s personal interest in the outcome of the case ) recuse the federal judge of the Shcherbinsky District Court of Moscow _________________________ from conducting this case and consider this case with a different panel of the court

Applications:

1. Letter from the Administration of the Ryazanovskoye settlement in Moscow No. ___________ dated ___________ 2. Letter from the Administration of the Ryazanovskoye settlement in Moscow No. ___________ dated ___________ 3. Ruling of the Shcherbinsky District Court of Moscow on scheduling the case for trial on ___________. 4. Subpoena for __________. 5. Subpoena for __________.

_________________ _________________

What's the idea?

Sending complaints to the listed authorities, which do not have direct tools of influence on the judge, is effective due to the fact that currently the judiciary is a rather closed specific group, within which people know each other and interact closely. This does not stimulate the desire for justice, but it can lead to dissatisfaction with the judge of the highest rank, and in an informal manner he may call for the correct conduct of the case.

A complaint can even significantly damage a judge's career prospects, especially if it falls into the right hands. However, even without this, the very moment of official recording of a citizen’s complaint about judicial arbitrariness imposes serious restrictions on the future capabilities of the official. Complaints to unauthorized authorities regarding a specific judge must be written in the same format as a request to the judicial qualification commission.

How to file a complaint

There is no single form of complaint against a judge. However, there is a Resolution of the Presidium of the Council of Judges No. 354 dated June 30, 2013, which states that the relevant document must contain the following information:

• the addressee of the appeal is the collegium or the chairman of the court;
• name of the place where the application was submitted;
• full details of the applicant , including last name, address, telephone number and passport details;
• the essence of the complaint (describe everything in as much detail as possible);
• date and signature.

The complaint against the magistrate must be drawn up in two copies. You will leave one in the office, and the second you will keep for yourself. Make sure that there is a mark on it indicating acceptance of the application. A sample complaint can be downloaded from this link.

If a complaint is filed against a district judge or a judge of a higher rank, then three copies are needed. One will be sent for consideration to the qualification commission, the second will remain with the applicant, and the third will be provided to the judge himself.

It is recommended to attach available evidence to the complaint: transcript of the audio recording, audio or video recording itself, copies of protocols, written testimony, etc.