Herald of Civil Procedure
EN
main-photo

We in a citing index:

Standards of the Civil Procedural Legislation on Replacement of Structure of Court: Theoretical Problems and Practice of Application

Article is devoted to the analysis of legality of unmotivated replacement of structure of court of law in the absence of the objective reasons of impossibility of consideration of the case by initial structure. Invariance of structure of court – one of the ways of providing a spontaneity of research by court of proofs on case, the most important procedural guarantee of a competent assessment of proofs and fair permission on lawsuit. Non-compliance with a condition of an invariance of structure of court is among essential violations of the rules of the civil, arbitrazh and criminal procedure, that attracting cancellation of judicial acts by superior court. Now, in courts of law on civil cases, practice according to which replacement of structure of court doesn’t demand registration of any procedural document by the representative on that the official is created. He constitutional Court of the Russian Federation defined that in the itself standard provisions allowing replacement of the judge only in the presence of objective circumstances, excluding further participation of the judge in consideration of the case or at temporary absence of the judge when adjournment of case trial for providing invariable structure of court can lead to a long delay of settlement of dispute and directed on protection of interests of the persons participating in case, and can’t be recognized as violating the rights of citizens and organizations. Besides cancellation of the judicial resolution at revision, the author notes that consequence of replacement of the judge has to be in a form of termination of consideration of the case by illegal structure of court and formation for its consideration of lawful structure (including, the return transfer put on consideration to initial structure of court from which case illegally was claimed). 

Keywords: peremptory change of composition of the court (judge); court of general jurisdiction; the bases of composition of the court (judge) change; consideration of the case by the new jury from the very beginning; cancellation of the judicial resolution; independence and unaccountability of the judge; intervention in administration of justice.

 el_.png   it_.png   book.png

K.G. Savin