Herald of Civil Procedure
EN
main-photo

We in a citing index:

Commentary to the Civil Procedural Code of the Russian Federation (continuation)

O.A. Ruzakova,
Deputy Chief of the Staff Committee of State Duma of the Federal Assembly 
of the Russian Federation on Civil, Criminal and Commercial («Arbitrazh») Procedural Law, Doctor of Legal Sciences


In this section comments author’s position regarding the recusals is given. Code of Civil Procedure provides for the formation of the panel of judges for a particular case taking into account the load and specialization of judges in the way excluding the impact of individuals interested in the outcome of the trial in formation including using computer-aided and information systems. This innovation is aimed at strengthening the independence of judges, as well as expanding the use of information and telecommunication technologies in the activity of the courts of general jurisdiction. In the way if collegial panel of judges considers the case, their views may not coincide. Each judge is obliged to express his opinion. Votes of judges are of equal importance. None of them has advantages over other votes even the vote of the presiding judge. One of basis for recusal of a judge is participation of him in the trial during other stages of the civil proceedings. A judge should not implement validation and justification of decision accepted by him or with his participation or other court order. The same individuals who have made them should not provide identification of the deficiencies in the lower courts. 

Keywords: comments of legislation; recusal.


Information about the author 
  
  Ruzakova O.A. (Moscow) – Deputy Chief of the Staff Committee of State Duma of the Federal Assembly of the Russian Federation on Civil, Criminal and Commercial («Arbitrazh») Procedural Law, Doctor of Legal Sciences (109012, Moscow сity, Okhotny Ryad st., 1; e-mail: [email protected]).

 el_.png   it_.png   book.png

O.A. Ruzakova