Code of Judicial Ethics professional ethics of a judge. Judicial ethics

CODE OF JUDICIAL ETHICS

Approved

VI All-Russian Congress of Judges

Justice cannot exist without an honest and independent judiciary. In order to ensure his honesty and independence, a judge is obliged to take part in the formation and maintenance of high standards of judicial ethics and personally observe these standards.

Chapter 1. GENERAL REQUIREMENTS FOR THE CONDUCT OF A JUDGE

Article 1. Duty of a judge to comply with the rules of ethical conduct

In his professional activity and outside of service, the judge is obliged to observe the Constitution Russian Federation be guided by the Law of the Russian Federation "On the Status of Judges in the Russian Federation" and other regulatory legal acts, the rules of conduct established by this Code, generally accepted norms of morality, to promote the assertion in society of confidence in the justice, impartiality and independence of the court.

Article 2. Priority in the professional activity of a judge

Fulfilling the duties of administering justice is the main task of a judge and is a priority in his activities.

Article 3. Requirements for the rank of judge

A judge in any situation must maintain personal dignity, cherish his honor, avoid anything that could diminish the authority of the judiciary, damage the judge's reputation and call into question his objectivity and independence in the administration of justice.

Chapter 2. RULES OF CONDUCT FOR JUDGES

PROFESSIONAL ACTIVITY

Article 4. Duties of a judge in the administration of justice

1. A judge in the performance of his duties in the administration of justice must proceed from the fact that the protection of the rights and freedoms of man and citizen determines the meaning and content of the activities of the judicial authorities.

The judge must conscientiously fulfill his professional duties and take all necessary measures for the timely consideration of cases and materials.

2. A judge must be impartial and not allow anyone to influence his professional activities.

In the performance of his duties, a judge must be free from racial, sexual, religious or national prejudice.

3. Public opinion, possible criticism of the activities of a judge should not affect the legality and validity of his decisions.

4. The judge must be tolerant, polite, tactful and respectful towards the participants in the trial. The judge should require similar behavior from all persons involved in the proceedings.

5. A judge is not entitled to disclose information obtained in the performance of his duties.

Article 5 official duties

1. A judge must demand conscientiousness and devotion to their work from employees of the court apparatus and their direct subordinates.

2. A judge who has organizational and administrative powers in relation to other judges should take the necessary measures to ensure the timely and effective performance of their duties.

Article 6 mass media

1. A judge is not entitled to make public statements, comment on court decisions, speak in the press on the merits of cases pending before the court until the decisions adopted on them come into legal force. A judge does not have the right to publicly, outside the framework of his professional activities, question the decisions of the courts that have entered into legal force, and criticize the professional actions of his own.

2. A judge cannot interfere with the desire of mass media representatives to cover the activities of the court and, if this does not interfere with the conduct of the trial or is used to influence the court, must provide them with the necessary assistance.

Article 7. Maintaining the level of qualifications necessary for the exercise of the powers of a judge

A referee must maintain his qualifications for high level necessary for the proper performance of the duties of administering justice.

Chapter 3. RULES OF CONDUCT OF A REFEREE

IN OUT OF SERVICE ACTIVITIES

Article 8. General requirements for a judge in non-service activities

1. Out-of-service activities of a judge should not give rise to doubts about his decency and honesty.

2. A judge has the right to engage in any type of activity that does not contradict the requirements of the Law of the Russian Federation "On the Status of Judges in the Russian Federation" and this Code.

3. The referee may participate in social activities if it does not prejudice the authority of the court and the proper execution by the judge of his professional duties.

4. A judge may interact with legislative, executive and local government on matters of law, the judiciary, the judiciary, the judiciary, while avoiding anything that may cast doubt on its independence and impartiality.

5. A judge is not entitled to belong to political parties and movements, support them financially or in any other way, as well as publicly express his political views, participate in marches and demonstrations of a political nature, or in other political actions.

6. A judge must avoid any personal connections that may damage his reputation, affect his honor and dignity.

7. A judge must refrain from financial and business connections which may call into question his impartiality or affect the performance of his professional duties.

Article 9

1. A judge enjoys freedom of speech, religion, the right to participate in associations and meetings. At the same time, he must always conduct himself in such a way as not to diminish the respect for his office and maintain independence and impartiality.

2. A judge has the freedom to create associations of judges or other organizations and the right to join them in order to protect his interests, improve vocational training and maintaining its judicial independence.

3. A judge must file an application for suspension of his or her powers in the event that a candidate for deputy is nominated by a body of legislative (representative) power of the Russian Federation, a body of legislative (representative) power of a constituent entity of the Russian Federation, a representative body of local self-government, or for another elective position.

Article 10

A judge has the right, without prejudice to the interests of justice, to combine his main work with scientific, teaching, lecturing and other creative activities, including those of a paid (compensated) nature.

Chapter 4. RESPONSIBILITY OF A JUDGE FOR VIOLATION OF REQUIREMENTS

OF THIS CODE

Article 11. Disciplinary responsibility of judges

1. For committing a disciplinary offense (violating the norms of the Law of the Russian Federation "On the Status of Judges in the Russian Federation" and the provisions of this Code), a judge, with the exception of a judge of the Constitutional Court of the Russian Federation, may be subject to a disciplinary sanction in the form of:

Warnings;

Early termination of the powers of a judge.

2. When deciding on a measure disciplinary responsibility judges take into account all the circumstances of the misconduct committed, the damage caused to the authority of the judiciary and the title of judge, the personality of the judge and his attitude to the committed misconduct.

Chapter 5. PROCEDURE FOR ENTRY INTO FORCE AND LIMITS

OF THIS CODE

Article 12. Limits of this Code

This Code establishes the rules of conduct for a judge in professional and out-of-service activities, which are mandatory for every judge of the Russian Federation, regardless of their position, as well as for retired judges, but retaining the title of a judge and belonging to the judiciary.

Article 13. Procedure for the entry into force of this Code

From the date of approval of this Code, the Code of Honor of a Judge of the Russian Federation, approved by the Resolution of the Council of Judges of the Russian Federation of October 21, 1993, shall be invalidated.

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Introduction

Conclusion

Introduction

The relevance of the topic of this term paper. One of the most relevant and promising research areas in the field of civil law has always been the development of the problem of the essence of its fundamental principles. And this is not accidental, since it is the moral foundations that most clearly reflect the direction and main features of civil law regulation, serve as the initial basis for interpreting civil law norms, applying them by analogy, etc.

The moral and legal foundations, based on their name, are designed to ensure the relationship and interpenetration of law and morality, to help fill gaps in the normative regulation of social relations. These foundations serve as a guide for law-making and law enforcement activities, ensure the normal and uniform development and functioning of the civil law system, etc.

Therefore, the development of moral and legal foundations at the level of this course work is able to identify and designate their essence, the relationship between themselves and other principles of civil law.

It should also be noted that the idea of scientists about the moral and legal foundations of judicial activity is mainly formed on the basis of not legal, but philosophical research, or even due to paying attention to journalism. It seems that this situation should be recognized as unacceptable, which aims at carrying out appropriate scientific developments, which should reveal the essence and systemic properties of these principles, taking into account the specifics of civil law.

The need to study moral and legal principles in civil law is predetermined by significant changes in Russian state and its main institutions: the collapse of a single spiritual space, the lack of unified system moral values, an ever-increasing decline in the moral level of society, etc.

Corresponding changes require increased attention to morality and its relationship with law. We believe that ignorance of the moral nature of law can and does lead to inefficient functioning of all elements of the legal system, which also affects the development of Russian society.

The moral and legal foundations of judicial activity are the background, the environment that predetermines the emergence, implementation and change of civil law norms. The behavior of participants in public relations, however, as well as the current civil legislation, sometimes deviate from moral and legal principles.

Object and subject of research. The object of the study is civil legal relations, within the framework of which the moral and legal foundations of judicial activity are implemented.

The subject of the study is the norms of the current civil legislation of Russia and international legal acts relating to the moral and legal principles of justice, humanism, reasonableness and good faith, as well as scientific research and the practice of applying these principles in the activities of the courts.

The purpose and main objectives of the course work. The purpose of the course work is to obtain a holistic view and study of various aspects of the operation of moral and legal principles in civil law, as well as the development of proposals for improving civil legislation and law enforcement practice in the field of their implementation.

To achieve this goal, it is necessary to solve the following tasks:

analyze and generalize existing scientific approaches to the concept moral foundations judicial activity in civil law;

reveal the role of moral and legal principles in civil law;

substantiate the moral nature of justice, humanism, reasonableness and good faith of civil law;

show the place of the moral and legal principles of justice, humanism, reasonableness and conscientiousness in the system of principles of civil law and their significance;

The normative-legal base of the course work is formed by international legal acts, the Constitution of the Russian Federation, the current civil and civil procedural legislation. Materials used in the work judicial practice concerning the subject of the study, the rulings of the Constitutional Court of the Russian Federation, the decisions of the Plenum of the Supreme Court of the Russian Federation and the RSFSR.

Theoretical basis of the course work. Development individual issues research based on scientific papers according to the theory of state and law S.S. Alekseeva, K.V. Vedyakhina, V.V. Lazareva, M.N. Marchenko, N.I. Matuzova, A.F. Cherdantseva,. C. Yavic and others.

Of the works of scientists in the field of civil law, the works of M.I. Braginsky, S.N. Bratusya, V.V. Vitryansky,. B. Volosatova, Yu.V. Vinichenko, V.P. Gribanova, V.I. Emelyanova, I.A. Pokrovsky, G.A. Sverdlyk, E.A. Sukhanov and many other authors.

Chapter 1. The concept and significance of judicial activity

1.1 Bodies carrying out judicial activities

Judicial power in the Russian Federation is exercised only by courts formed and acting in accordance with the provisions of the Constitution of the Russian Federation and federal constitutional laws.

Courts as state bodies constitute the material basis of the judiciary. The legal regulation of their organization and activities as the main structural units of the judiciary is carried out by the Constitution of the Russian Federation and the Federal Constitutional Law "On the Judicial System of the Russian Federation". These legal acts determine the purpose of the courts, their competence and main functions, the hierarchy of relationships, the procedure for the formation and formation of the judicial staff, the structure of organizational management and material and technical support.

The set of powers for the formation of courts as bodies of the judiciary includes such characteristics as:

a) constitutional definition of competence to establish legislative framework their formation;

b) the establishment of their system;

c) establishing the procedure for education;

d) guarantees of independence and independence from other branches of state power;

e) terms of reference, features of the organization of activities.

On all these issues, the Constitution of the Russian Federation gives various instructions and instructions. Regarding the creation of courts, the Constitution of the Russian Federation contains only one provision that is directly related to this problem - this is a ban on the creation of emergency courts (part 3 of article 118). The Constitution of the Russian Federation and the Federal Law "On the Judicial System of the Russian Federation" determine the content and limits of powers for legislative regulation of the process of formation of the judiciary. Thus, the creation of a judicial system organizational structure The Constitution refers the judiciary to the exclusive competence of the Russian Federation. According to paragraph "g" of Article 71 of the Constitution of the Russian Federation, the establishment of a system of federal judicial authorities, the procedure for their organization and activities is assigned to the jurisdiction of the Russian Federation. The jurisdiction of the Russian Federation also includes the judiciary (clause "o" Article 71 of the Constitution of the Russian Federation), understood not only as a set of legislative acts regulating the formation, organization and activities of courts directly administering justice, but also as a complex system of legal and organizational institutions supporting the activities of the courts.

The creation of the Supreme Courts of the judicial system by the Constitution is enshrined in Chapter 7 "Judicial Power", which indicates the general powers and determines the place in the structure of federal authorities of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court RF. The competence, procedure for the formation and activities of these courts are determined by the Constitution, federal constitutional legislation (part 3 of article 128).

The procedure for the formation of other federal courts, in particular, courts of general jurisdiction (including military courts), arbitration courts, may be established exclusively by federal laws.

Constitutional (charter) courts in the Russian Federation do not constitute a single system. The formation of these courts of the subjects of the Federation is their right, not their duty. According to Part 2 of Article 17 of the Law on the Judicial System, the formation of these courts and their abolition is within the competence of the legislative bodies of the constituent entities of the Federation. The relevant laws of the constituent entities of the Federation should determine the procedure for their organization and structure.

Thus, the Federal Constitutional Law "On the Judicial System of the Russian Federation" affirms the stability of the system of courts in the Russian Federation. Changing this system, abolishing its individual links is possible only by amending the Constitution of the Russian Federation or by adopting an appropriate federal constitutional or federal law.

Courts differ from each other not only in the types of activities they carry out (constitutional, general jurisdiction, arbitration), regulated various forms legal proceedings in accordance with part 2 of article 118 of the Constitution of the Russian Federation, but also within the limits of the power granted to them, their jurisdiction. There is a distinction between general and special jurisdiction. Federal legislation defines the structure of the judiciary, designed to ensure the implementation of certain powers of the judiciary, as well as the composition of the court when considering specific cases and materials. The Constitutional Court of the Russian Federation may consider cases both in plenary sessions and in sessions of chambers that differ in the number of judges of the Constitutional Court of the Russian Federation. Courts of general jurisdiction consider criminal and civil cases at first instance both in a collegiate composition and as a single judge (Article 30 of the Code of Criminal Procedure of the Russian Federation, Article 6 Code of Civil Procedure of the Russian Federation). Higher courts are obliged to consider cases in the cassation and supervisory instances only collectively. In all cases, consideration of the case, including by a single judge, ends with the issuance of a decision on behalf of the court as a state body.

Ensuring the activities of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation is carried out by the apparatus of these courts.

Ensuring the activities of other courts of general jurisdiction is carried out by the Judicial Department under the Supreme Court of the Russian Federation.

Ensuring the activities of other arbitration courts is carried out by the Supreme Arbitration Court of the Russian Federation .

It is on the basis of these articles that the structure of the current organizational support for the activities of the courts should be considered.

The organizational support for the activities of the Constitutional Court of the Russian Federation, as noted in Article 7 of the Law on this Court, is exclusively its " internal affairs. As stated in this article, this court "is independent in organizational, financial and logistical respects from any other bodies . It "independently and independently provides information and personnel support for its activities .

The Chairman, the Deputy Chairman, the secretary judge, employees of the Secretariat and other auxiliary units are called upon to deal directly with the organizational support of the activities of the Constitutional Court of the Russian Federation. At the same time, an important role is played by the working meetings of judges. They are mentioned in paragraph 60 of the Rules of the Constitutional Court of the Russian Federation:

To consider and resolve organizational, financial, personnel and other issues of the internal activities of the Constitutional Court, with the exception of issues resolved in accordance with the Law on the Constitutional Court in the sessions of the Constitutional Court, working meetings of judges are held.

Working meetings are convened by the Chairman of the Constitutional Court or, on his instructions, by the Deputy Chairman or the secretary judge. A meeting may be convened at the request of any of the judges.

Employees of the apparatus of the Constitutional Court and other persons may be invited to working meetings.

The working meeting of judges is competent to make a decision if there is a majority of the total number of judges of the Constitutional Court.

The provisions of paragraph 8 of part one of Article 18, part five of Article 72 and part four of Article 114 of the Law "On the Constitutional Court" do not apply to working meetings of judges.

Decisions at working meetings of judges are taken by a majority of votes from the number of judges present.

Minutes or transcripts may be kept at the working meetings of judges.

The decisions of the working meeting of judges are binding on the judges of the Constitutional Court and employees of its apparatus.

Estimated expenses of the Constitutional Court of the Russian Federation within the funds federal budget allocated for its maintenance is approved by the Chairman of the Constitutional Court of the Russian Federation .

judicial ethics activity code

In addition, the decree establishes a system of a huge number of social guarantees judges of the Constitutional Court of the Russian Federation and members of their families: "social, household, medical and sanatorium services for family members of the Chairman of the Constitutional Court of the Russian Federation and judges of the Constitutional Court of the Russian Federation shall be carried out in the manner and on the conditions determined respectively for family members of the Chairman of the Government of the Russian Federation and his deputies.

The monthly allowance established by this Decree for the disabled members of the family of the deceased (deceased) judge of the Constitutional Court of the Russian Federation, who were dependent on him, is paid by the Constitutional Court of the Russian Federation in the manner determined for retired judges of the Constitutional Court of the Russian Federation.

Medical care for family members of deceased (deceased) judges of the Constitutional Court of the Russian Federation is carried out in the same medical institutions in which they served .

Organizational support for the activities of the entire system (subsystem) of arbitration courts is also carried out almost autonomously. Here the decisive role is assigned to the Supreme Arbitration Court of the Russian Federation, in particular, to its Chairman, Vice-Chairmen and the apparatus of this Court.

In accordance with Part 2. Article 44 of the Law "On Arbitration Courts" The Supreme Arbitration Court of the Russian Federation selects and trains candidates for judges, organizes work to improve the skills of judges and employees of the apparatus of arbitration courts, finances arbitration courts, and ensures control over the spending of financial resources allocated to arbitration courts. Directly such activity is the business of the employees of the relevant specialized divisions of the apparatus of the Supreme Arbitration Court of the Russian Federation, which act under the general supervision of the Chairman of the Court or, on his behalf, the deputies of the Chairman. In accordance with the Rules of Arbitration Courts, they keep records of legislation and other regulatory legal acts.

1.3 Constitutional and international principles of judicial activity

By themselves, the principles of law (and not only constitutional) mean the fundamental ideas, in accordance with which all other legal regulation is established in each area of law. They indicate the goals that the practice of administering justice in the Constitutional Court of the Russian Federation and the main ideas of the procedure for considering a case in court should achieve.

Article 5 of the Federal Law "On the Constitutional Court of the Russian Federation" identifies 5 basic principles of constitutional legal proceedings:

Independence;

Collegiality;

Publicity;

competitiveness;

Equality of the parties.

However, in chapter 4 of this FKZ, 3 more principles are called:

Continuity of the court session;

Language of constitutional proceedings;

Oral proceedings.

Such designation of principles should not be misleading. In fact, there is no division of principles into main and secondary - the very fact of enshrining all these principles in this FKZ means their legal equality. On this basis, we can conclude that Article 5 of the named FKZ is purely informational in nature, in general it speaks of the principles of constitutional justice, and they are disclosed in more detail in Chapter 4.

In addition to these principles, the Constitution of the Russian Federation enshrined a number of principles that are universal for the entire judicial system, and therefore mandatory for constitutional legal proceedings:

It should be especially noted that in the FKZ "On the Constitutional Court of the Russian Federation" the legislator did not reflect and did not spell out in detail the principle of legality. However, the fact that this principle is not indicated is not at all an omission or mistake, it is just that this principle does not need to be specifically enshrined in the legislation on constitutional justice, it already follows from the powers and purpose of the activities of the Constitutional Court of the Russian Federation. If, in the consideration of a case in a court of general jurisdiction or an arbitration court, the principle of legality is expressed in the fact that the rule of law that is subject to application and legally valid in a given period of time is applied to disputed legal relations, then when considering cases in the Constitutional Court of the Russian Federation, the principle of legality is mainly expressed in the fact that the court decides on the legality of the contested laws, it does not consider the disputed legal relations of the parties that arose on the basis of the law (the norm of substantive law).

In addition to the principles directly indicated in the FKZ "On the Constitutional Court of the Russian Federation", it is possible to single out, based on the content of the text of this Law, three more principles of constitutional justice that are of an organizational nature, the first two of which are enshrined, respectively, in Article 121 and Article 122 of the Constitution of the Russian Federation :

Irremovability of a judge of the Constitutional Court of the Russian Federation;

Immunity of a judge of the Constitutional Court of the Russian Federation;

Equality of rights of judges of the Constitutional Court of the Russian Federation.

However, it should immediately be noted that in its decision of June 16, 1998 N 19-P on the case on the interpretation of certain provisions of Articles 125, 126 and 127 of the Constitution, the Constitutional Court of the Russian Federation stated in the operative part:

The power provided for by Article 125 of the Constitution of the Russian Federation to resolve cases on the compliance of the Constitution of the Russian Federation with federal laws, regulations of the President of the Russian Federation, the Federation Council, and the State Duma.

A court of general jurisdiction or an arbitration court, having come to the conclusion that a federal law or a law of a subject of the Russian Federation is inconsistent with the Constitution of the Russian Federation, is not entitled to apply it in a specific case and is obliged to apply to the Constitutional Court of the Russian Federation with a request to verify the constitutionality of this law. The obligation to apply to the Constitutional Court of the Russian Federation with such a request, within the meaning of parts 2 and 4 of Article 125 of the Constitution of the Russian Federation in conjunction with its Articles 2, 15, 18, 19, 47, 118 and 120, exists regardless of whether the case has been resolved , considered by the court, which refused to apply the unconstitutional, in its opinion, law on the basis of directly applicable norms of the Constitution of the Russian Federation.

Articles 125, 126 and 127 of the Constitution of the Russian Federation do not exclude the possibility that courts of general jurisdiction and arbitration courts, out of connection with the consideration of a particular case, will check the compliance of the normative acts listed in Article 125 (paragraphs "a" and "b" of part 2) of the Constitution of the Russian Federation below the level of a federal law to another, having greater legal force, an act, except for the Constitution of the Russian Federation.

The legal nature of international organizations is based on the existence of common goals and interests of member states.

The principle of sovereign equality of states is the guiding principle in the construction of international organizations. Its manifestation is characterized mainly by the following features: the contractual basis of the international organization; voluntary membership; mostly advisory nature of the decisions of the organization; its interstate character; preservation of the sovereignty and equality of states both within the organization and outside it.

For the legal nature of an international organization, it is essential that its goals and principles, competence, structure, etc. have an agreed contractual basis.

The problem of the relationship between state sovereignty and the general goals and interests of the organization is resolved in its founding act. There are no contradictions between them if the state conscientiously fulfills the obligations assumed by the charter of the organization and follows the established principles.

In order to carry out their functions, international organizations must have the necessary legal means. Article 104 of the UN Charter provides for these purposes that "the United Nations shall enjoy in the territory of each of its Members such legal capacity as may be necessary for the performance of its functions and the achievement of its purposes." Similar provisions are contained in most constituent acts.

International organizations are endowed with contractual legal capacity, that is, they have the right to conclude a wide variety of agreements within their competence. As Article 6 of the Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations establishes, "the legal capacity of international organizations to conclude treaties is governed by the rules of that organization." Paragraph 1 of Article 2 of the Convention explains that "rules of the organization" means, in particular, the constituent acts, the decisions and resolutions adopted in accordance with them, as well as the established practice of the organization.

An analysis of the constituent acts of international organizations shows that the contractual legal capacity is fixed in them, as a rule, in two ways: either in general position, providing for the right to conclude any agreements that contribute to the fulfillment of the tasks of the organization (for example, Article 65 of the Chicago Convention on International civil aviation 1944); or in a special provision or provisions that determine the possibility of an organization concluding certain categories of agreements (for example, Articles 43 and 63 of the UN Charter) and with certain parties (with any states or only with Member States, with any international organizations or only with some of them ).

International organizations have the ability to participate in diplomatic relations. Representations of states are accredited to them, they themselves have representative offices in states (for example, UN information centers) and exchange representatives among themselves. There is a UN Information Center and representative offices of UNESCO and ILO in Moscow On October 6, 1992, an Agreement was concluded between the Government of the Russian Federation and the Office of the United Nations High Commissioner for Refugees on the opening of a UNHCR representative office.

June 1993, an Agreement was concluded between the Government of the Russian Federation and the UN on the establishment in the Russian Federation of the United Nations Office and its bodies, programs and funds in order to support and supplement national efforts to solve the most important problems of economic development, promote social progress and improve living standards. The joint office includes the UN, the United Nations Development Program (UNDP), the United Nations Children's Fund (UNICEF), the Office of the High Commissioner for Refugees (UNHCR), the United Nations Program for environment(UNEP), United Nations Population Fund (UNFPA), World Food Program (WFP), United Nations Drug Control Program (UNDCP).

Chapter 2

2.1 Features of the content of the Code of Judicial Ethics

One of the real fruits of the Russian judicial reform was the adoption of a moral code for representatives of the judiciary. Code of Judicial Ethics approved. VI All-Russian Congress of Judges 02.12.2004. The new document is more extensive and contains a detailed regulation of judicial behavior, although in fact there is nothing fundamentally new there. The exception was the sixth article, which limited judges in their statements about the work of their colleagues. Moreover, according to the current law "On the Status of Judges" due to violations of this code, termination of judicial powers is possible.

"A judge has no right to publicly, outside the framework of his professional activity, question court decisions that have entered into force and criticize the professional actions of his colleagues," the new code says.

This is the Code of Professional Judicial Ethics, which has a peculiar nature. It was adopted after its discussion by judges and bodies of the judicial community. The Code is based on the law, as it specifies and develops the requirements for a judge contained in the Law on the Status of Judges in the Russian Federation. But, in addition, it contains provisions of a purely moral nature and regulates the moral activity of a judge both in the performance of professional functions and in extra-curricular activities.

The code of ethics of a judge is based on the idea of the unity of moral norms in force in society, the absence of special morality for certain professions.

Judges are required to comply with generally accepted norms of morality and rules of conduct.

The Code characterizes the social significance of the observance of moral standards by judges. It should "contribute to the assertion in society of confidence in the fairness, impartiality and independence of the judiciary."

The judge must avoid anything that might diminish the authority of the judiciary. He has no right to damage the prestige of his profession for the sake of personal interests or the interests of others.

Thus, the highly moral activity of a judge and his positive moral qualities are considered as the necessary conditions and prerequisites for public confidence in the judiciary, faith in its justice. But, unfortunately, the Code does not explicitly state that they are necessary primarily for fair justice. Namely, the justice of the court and judges mainly ensures the authority of the judiciary, and the prestige of judges, and their reputation as objective and impartial servants of the law. It is difficult to talk about the virtues of judges when they do injustice.

The Code imposes increased requirements on the judge in terms of caring for his dignity and honor. A judge "in any situation" must preserve personal dignity, take care of his honor, avoid anything that could damage his reputation and call into question his objectivity and independence in the administration of justice. Preservation of personal dignity in the process of performing professional functions and beyond is the duty of a judge. Naturally, this also implies respect for the dignity of other persons, the inadmissibility of their humiliation in any situation.

The code of ethics of a judge of the Russian Federation proceeds from the priority in the life of a judge of the activity of administering justice over all other activities. The moral side of this provision consists, in particular, in the fact that the object of the professional activity of a judge is another person, other people whose fate, rights, freedoms and good name are "in the hands of the judge." A judge who has devoted himself to the cause of justice, endowed with responsible powers, concentrates his moral and mental strength on the main thing - serving the truth, justice. All his other activities (outside the sphere of his personal life) are of secondary importance. Social activities, creativity, solving economic issues and other types of activities for a judge are secondary.

The Code of Ethics contains a number of rules of a moral nature relating to the professional activities of a judge. They determine to a certain extent its moral content.

Reproducing the requirement of the law on the impartiality of the court, the Code obliges the judge to be impartial, not allowing "anyone, including his relatives, friends and acquaintances" to influence his professional activities. A warning against the possible influence of these subjects is appropriate in this case, although in everyday life judges may find themselves under the strongest influence of precisely "outside" people and structures. But the main idea is very important - the moral obligation is not only not to be influenced by anyone, but also not to allow such influence on the activities of a judge in the administration of justice and the performance of other professional functions.

The judge's impartiality in making decisions is also referred to in the requirement for the judge not to be committed to one of the parties in the case.

A judge must be free from the influence of public opinion, from fear of criticism of his work. The point here, of course, is not that the judge is objectively exempt from the influence of public opinion, which is generally impossible, or from criticism. The freedom of a judge here means his inner state, the ability to resist "public opinion", not to be afraid of possible criticism if they contradict the judge's ideas about the legal and fair resolution of a particular case, the judge's conscience.

Maintaining one's qualifications at a high level is considered by the Code of Honor as a moral duty of a judge. A judge who does not fulfill it becomes incompetent.

A judge must conscientiously fulfill his professional duties, that is, be diligent, organized, responsible, devoted to his work, persistently fulfill his social duty. To this general requirement of conscientiousness, the Code added the obligation of the judge to "take all necessary measures for the timely consideration of cases and materials", which is correct in essence, but somewhat deviates in tone from the general level of this document.

The Judge's Code of Ethics pays attention to the need to ensure a high culture of communication on the part of representatives of the judiciary. The judge must exercise patience, courtesy, tact and respect towards the participants in the proceedings and other persons with whom he communicates in the performance of his official duties. The judge must demand the same from the employees of the court apparatus.

In the Code of Ethics of a Judge of the Russian Federation, as an official document, in fact, for the first time it is said about the professional secrecy of a judge. A judge is obliged to keep professional secrecy with regard to information obtained in the course of the performance of his duties. The judge acts in a public court. The principle of publicity is one of the foundations of democratic justice. But nevertheless, judges hearing cases in the presence of the public, outside the courtroom, may have their own professional secrets, the protection of which is necessary just for impartial justice and protection of the interests of those affected by the activities of the court. This includes information about the progress of cases and the distribution of responsibilities between judges, and about difficulties in resolving legal and organizational issues in connection with this or that matter, etc. In addition, the judge in the proceedings on the case may become the owner of the state, military, trade secret, information constituting a medical secret or relating to the intimate life of certain persons. Publicity of legal proceedings does not release the judge from the obligation not to disclose such information.

Judges are prohibited from making public statements, comments, speaking in the press on cases pending before the court until the decisions adopted on them come into force. The main purpose of such a ban is due to the fact that the judge, in accordance with the law, formally formulates his opinion on the case being processed in the decisions taken on the case. If the judge made the decision alone, then before the decision enters into force, it is not only risky to advertise its fairness (it can be overturned by a higher court), but also unethical.

The legitimacy, validity and fairness of the judge's decision is given to judge by other people authorized by law. If the decision was made by a panel of judges and the judge does not agree with his colleagues, then all the more it is impossible to take his disagreement to the "court of public opinion." It is also necessary to take into account the provisions of the law (Article 10 of the Law on the Status of Judges in the Russian Federation), relieving a judge from the obligation to give any explanations on the merits of the cases considered or pending. They also orient the judge to the fact that he, on his own initiative, does not come up with such explanations, especially publicly, in the press, etc. It seems that the law directs judges to refrain from commenting on their own decisions even after they come into force.

The Judge's Code of Ethics prohibits actions that violate the corporate solidarity of judges. A judge does not have the right to publicly, outside the framework of his professional activities, question the decisions of the courts that have entered into legal force, and the actions of his colleagues. Such actions can undermine the authority of judicial decisions and negatively affect the reputation of the judge himself, who acts "uncomradely".

When communicating with the media, the Code recommends that they "respect and understand" their desire to cover the activities of the court and provide them with the necessary assistance, but "if this does not interfere with the conduct of the trial or is used to influence the court." It should be noted that the last wish may in fact remain declarative, since the judge is unlikely to be able and should foresee what interpretation the media can give to his actions and decisions. Out-of-service activities of a judge should not give rise to doubts about his objectivity, fairness and incorruptibility. The participation of a judge in public activities is possible if it does not damage the authority of the court and the proper performance by the judge of his professional duties. A judge has no right to belong to political parties and movements, support them financially or in any other way, as well as publicly express his political views, participate in marches and demonstrations of a political nature or in other political actions.

2.2 Problems of implementing the provisions of the Code of Judicial Ethics

Despite the difficulties and sometimes opposition to the development of judicial reform, it can be stated that the judiciary has taken place and that it is able to protect human rights, the interests of society and the state.

One of the important achievements in the field of justice was the consolidation in the Constitution of the Russian Federation of guarantees of independence, irremovability and immunity of judges, without which it is impossible to ensure the exercise of judicial powers.

Achievements in the formation and development of the judiciary are obvious, but it should be noted that the promotion of judicial reform is hindered by a number of negative factors that significantly affect the efficiency of the courts and the accessibility of justice, which causes justified complaints from citizens.

In the light of this direction of the country's domestic policy, it must be emphasized that no matter how perfect the judicial system is, it cannot function without adequate support for its activities by the state. The lack of such provision deprives the judiciary of both independence and autonomy.

The currently established level of material support for judges does not correspond to their high status, the amount of work they do, and is completely inadequate to the responsibility that is assigned to them as the bearers of judicial power. The remuneration of employees of court apparatuses also remains low.

So far, the problems associated with ensuring the protection of courts, the safety of judges, the payment of salaries to the families of the dead (deceased) judges, the provision of judges with housing, as well as insurance issues and some others, have not been resolved. Due to the lack of funds, the work on computerization and information support of the activities of the courts is proceeding at a slow pace.

The solution of these problems according to the "residual" principle is unacceptable, because we are talking about people who are entrusted with the constitutional duty to ensure justice for the rights and freedoms of man and citizen.

In the process of judicial reform, a huge amount of work has been done, as a result of which a simple and understandable system of courts has been built in Russia. Along with this, thanks to the active position of the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, councils of judges, qualification boards of judges and the Judicial Department at the Supreme Court of the Russian Federation, an efficient judiciary has been formed, consisting of the most qualified lawyers.

"Already at the very beginning of the formation of the modern judicial system in Russia, when approving the Concept of Judicial Reform, the Supreme Soviet of the RSFSR decided to consider as one of the most important areas of judicial reform the improvement of the system of guarantees for the independence of judges and their subordination only to the law."

In this case, I believe that in the coming years, the efforts of federal government bodies and the judiciary should be directed to:

strengthening the judiciary with highly qualified judges and court staff;

providing the courts with the necessary financial means and material and technical resources;

ensuring the security of courts and the safety of judges, not only through practical implementation provisions of the Federal Law "On state protection judges officials law enforcement and regulatory bodies", including the need to form special units of the Ministry of Internal Affairs of Russia in order to ensure the safety of judges, but also by transferring the bailiff service to the Judicial Department under the Supreme Court of the Russian Federation from the jurisdiction of the Ministry of Justice of Russia to ensure the established procedure for the activities of courts;

resolving problems related to insurance, with the payment of financial support to the families of the dead (deceased) judges, including those who were retired;

providing judges with living quarters in accordance with the procedure established by law;

increasing the demands on judges to fulfill their professional duties and comply with the Code of Honor of a judge of the Russian Federation;

ensuring the implementation of the principles of publicity and openness of justice, including through the interaction of courts with the media.

"Of course, the courts still have problems, and the judicial and legal reform, by all accounts, has not yet been completed, significant steps need to be taken to obtain a legal system that corresponds to the principle of building a rule of law proclaimed by the Constitution."

2.3 Legal consequences of non-compliance with the moral foundations of judicial activity

The current legislation of the Russian Federation gives citizens the right, in the event of an unlawful decision affecting their rights and freedoms, to defend these rights and freedoms by appealing the decision to higher courts (Articles 320, 336, 376 of the Code of Civil Procedure of the Russian Federation; Articles 257, 273, 292 of the Arbitration Procedure Code of the Russian Federation; Art. 354, 402 of the Code of Criminal Procedure of the Russian Federation). However, the higher courts, when considering such complaints, evaluate from the point of view of legality and validity only the appealed decision itself, while in practice, even before it is made, it often becomes necessary to appeal against illegal and unreasonable actions or inaction of a judge who does not fulfill his duties in the process of considering a case, - for example, unlawfully refuses to satisfy the stated petitions, does not accept evidence for consideration, etc. It is the citizens who are faced with illegal and unreasonable actions (inaction) of judges who apply to the qualification board of judges. Moreover, such appeals of citizens are quite legal.

Thus, paragraph 2 of Article 22 of the Federal Law of March 14, 2002 No. 30-FZ "On the Bodies of the Judicial Community in the Russian Federation" (as amended on July 2, 2013) provides for the possibility of checking by the qualification board of complaints and reports about the commission of disciplinary offense received from citizens. In turn, Article 12.1 of the Law of the Russian Federation of June 26, 1992 No. 3132-1 "On the Status of Judges in the Russian Federation" (as amended on November 25, 2013) reveals the concept of a disciplinary misconduct of a judge as follows - this is a violation of the norms of this Law, and also the provisions of the Code of Judicial Ethics, approved by the VI All-Russian Congress of Judges on December 2, 2004. The specified article provides for a penalty in the form of a warning or early termination of his powers for a judge who has committed a disciplinary offense. The decision to impose on the judge disciplinary action accepted by the Qualification Board of Judges. (On the practice of considering cases on bringing judges to disciplinary liability, see p. 13.) Court of the Russian Federation. In particular, in Ruling of the Constitutional Court of the Russian Federation of December 21, 2006 No. 529-0, this Court noted that the special status of judges does not entail exemption from liability: a judge, if sufficient grounds and in compliance with the procedures established by federal legislation, he can be held criminally or otherwise liable for violations of laws committed by him. In this regard, the provisions of Article 16 "Immunity of a judge" of the Law of the Russian Federation of June 26, 1992 No. 3132-1, including its clause 1, cannot be interpreted as preventing the protection of the rights of citizens from abuse of power and the exercise of their right to access to justice, since the legal guarantees of the independence and immunity of judges established by this article do not affect the right of citizens, enshrined in Article 46 (part 2) of the Constitution of the Russian Federation, to appeal to the court decisions and actions (inaction) of state authorities and officials, and also do not citizens to send complaints and reports about disciplinary offenses of judges to the relevant qualification boards and other bodies of the judiciary.

Thus,

Is it possible to consider as unacceptable interference in the process of administration of justice the possible reaction of the qualification board of judges to illegal and unreasonable actions (inaction) of a judge in connection with a citizen's appeal? To understand this issue, we analyze the current legislation and relevant law enforcement practice.

According to Article 8 of the Code of Civil Procedure of the Russian Federation, judges consider and resolve civil cases in conditions that exclude outside influence on them. Any interference in the activities of judges in the administration of justice is prohibited and entails liability established by law. A similar rule is contained in Article 5 of the Arbitration Procedure Code of the Russian Federation, according to which any extraneous influence on judges of arbitration courts, interference in their activities by state bodies, local governments, other bodies, organizations, officials or citizens is prohibited and entails liability established by law. Moreover, Article 10 of the Law of the Russian Federation of June 26, 1992 No. 3132-1 determines that any interference in the activities of a judge in the administration of justice is punishable by law.

According to Article 294 of the Criminal Code of the Russian Federation, criminal liability for interference in the activities of the court can only occur if this interference is aimed at obstructing the administration of justice. In the case under consideration, the purpose of the intervention of the Qualification Board of Judges in the activities of a particular judge who carries out illegal actions in the administration of justice is completely different - to prevent his illegal actions and ensure the normal course of the process in full accordance with the current procedural legislation. Therefore, such interference does not fall within the scope of this article and does not entail criminal liability.

A similar position on the problem under consideration is reflected in the legal literature. For example, according to Yu. Kuleshov, the author of the article "Obstruction of Justice: Problems of Criminal Liability and Legislative Regulation" (Siberian Legal Bulletin, 2012, No. 3), any activity permitted by law cannot be considered unlawful interference.

In this regard, the wording of the rules that protect judges from "any", as it is written in Article 8 of the Code of Civil Procedure of the Russian Federation, "any outsider", as set out in Article 5 of the Code of Civil Procedure of the Russian Federation, or "anyone", as indicated in Art. .10 of the Law of the Russian Federation of June 26, 1992 No. 3132-1, interference in their activities in the administration of justice seems to be incorrect. Moreover, the current legislation allows the participants in the process and other persons to legally interfere in this process within the framework of the exercise of their rights. Given this circumstance, I consider it necessary to exclude the word "any" from paragraph 2 of article 8 of the Code of Civil Procedure of the Russian Federation; from paragraph 2 of article 5 of the Arbitration Procedure Code of the Russian Federation - the phrase "any extraneous", and from article 10 of the Law of the Russian Federation of June 26, 1992 No. 3132-1 - the word "any", replacing them with the word "illegal".

Is it possible to bring a judge to disciplinary responsibility when there is still no illegal final decision on the case, but the judge is not fulfilling his duties already in the process of considering the case? The Plenum of the Supreme Court of the Russian Federation in its Decree of May 31, 2007 No. 27 (as amended on May 20, 2010) explained that a disciplinary offense entailing a disciplinary sanction in the form of a warning or early termination of the powers of a judge should be understood not only as a violation of the norms Law of the Russian Federation of June 26, 1992 No. 3132-1 and the provisions of the Code of Judicial Ethics, but also a violation of generally accepted norms of morality, duties in the administration of justice, rules of conduct in the performance of other official duties and in extracurricular activities. Based on this clarification, bringing a judge to disciplinary liability, including in the form of early termination of his powers, is possible at any stage of the proceedings, if there is evidence certifying the fact that the judge did not fulfill his duties in the administration of justice and, moreover, the requirements of the Constitution of the Russian Federation and other laws .

The foregoing allows us to assert that citizens' appeals containing information about the judge's failure to comply with the requirements of the Constitution of the Russian Federation and other laws, the procedure for judicial proceedings cannot but be accepted for consideration on the grounds that the current legislation of the Russian Federation prohibits any interference in the process of administration of justice. Considering a specific case, the court applies an already existing law to an individual case, its decisions are substantiated by the norms of the current legislation. In this regard, the legitimacy of the activities of any judge can always be reliably established. At the same time, the criterion for evaluating the actions (inaction) of a judge and the decisions taken by him in the cases considered is the strict observance by the judge of the requirements of the Constitution of the Russian Federation and other laws.

The judicial system in its structure contains multi-level controlling and supervisory instances, which are designed to ensure that judges strictly observe the Constitution of the Russian Federation and other laws when making decisions. For example, it is possible to establish exactly how the judge performed his duties in the administration of justice in each case by examining the case materials, the petitions filed by the parties and the decisions taken by the court, as well as the minutes of court sessions. This is exactly the kind of work that judges of cassation and supervisory instances are engaged in, annually revealing more than 80,000 unjust verdicts, decisions and other judicial acts (Rossiyskaya Yustitsia, 2009, No. 1, p. 14).

An analysis of the powers and composition of the qualification boards of judges allows us to consider them as competent bodies for assessing not the legality of the judicial act itself in terms of the correct application of the substantive law and compliance with procedural norms, but the judge's compliance with the requirements of the Constitution of the Russian Federation and other laws in the process of considering a case. In this case, the qualification boards of judges do not assume the function of administering justice, since they only check the validity of the arguments set forth in the application for a disciplinary offense committed by a judge.

The differentiation of the competence of the qualification boards of judges and the courts of the second and supervisory instances can be carried out on the subject of activity, its goals and consequences.

Thus, the subject of activity of the courts of the second and supervisory instances is the verification of the legality and validity of the judicial act issued by the judge, and the subject of the activity of the qualification board of judges is the verification of information about the commission of a disciplinary offense by the judge in the performance of his duties in the process of administering justice.

The purpose of checking courts of the second and supervisory instances is to ensure that judges of lower courts comply with the requirements of the Constitution of the Russian Federation and other laws when issuing judicial acts, and the purpose of checking qualification boards of judges on applications for a disciplinary offense committed by a judge is to ensure that judges fulfill their duties of administering justice in accordance with the requirements of the current legislation. Russian legislation.

Finally, the consequence of proceedings in the courts of second and supervisory instances may be the abolition of unjust acts, and the qualification boards of judges have the right to consider only the question of the professional suitability of a judge. If the qualification board of judges establishes that the arguments set out in the appeal of a citizen or organization about a disciplinary offense committed by a judge took place, then this can only become the basis for imposing a disciplinary sanction on the judge, including in the form of deprivation of the status of a judge, but not for canceling the imposed them a judicial act. Cancellation of an unjust judicial act is possible only according to the rules established by the current procedural legislation.

As we can see, the activities of the Qualification Board of Judges on the basis of citizens' appeals do not violate such a principle of the administration of justice as the independence of judges, since it is carried out within the framework of the current legislation. It does not require that the applicant be a participant in the trial. Any citizen who has become aware of illegal and unreasonable actions or inaction of a judge has the right to apply to the qualification board of judges.

Such control of citizens over judicial activity ensures, first of all, the implementation of justice in Russia, and also the right of citizens established in Article 33 of the Constitution of the Russian Federation to apply to state bodies that are obliged to consider the appeal, make a decision on it and give an answer within the period established by law.

The current legislation of the Russian Federation provides for the possibility of further appealing against the decisions of the qualification board of judges to the Disciplinary Judicial Presence in the manner prescribed by Ch. Chapters 23, 25 of the Code of Civil Procedure of the Russian Federation, taking into account the specifics provided for by the Federal Constitutional Law of November 9, 2009 No. 4-FZK "On Disciplinary Judicial Presence" and the Rules for this Presence, approved Decree Plenum of the Supreme Court of the Russian Federation No. 3 and Plenum of the Supreme Arbitration Court of the Russian Federation No. 2 dated February 4, 2010

Since the Federal Constitutional Law of December 31, 1996 No. 1-FKZ "On the Judicial System of the Russian Federation" (as amended on December 27, 2009) defines the Disciplinary Judicial Presence as a court (Article 4), it can be concluded that that the activity of this body for consideration of complaints in the manner prescribed by law is the administration of justice with all the ensuing consequences. The disciplinary judicial presence is designed to administer justice to persons who wish to appeal against the decision of the qualification board of judges on the early termination of the powers of a judge in connection with the commission of a disciplinary offense by the latter.

Such verification of the decisions of the qualification boards of judges by an independent disciplinary court serves as an additional guarantee of the legitimacy and fairness of the decisions made by the courts. The practice of the Disciplinary Judicial Presence is still small (since the establishment of this body, it has adopted only about 30 decisions), but it contains examples of both the justified cancellation of decisions of the qualification boards of judges, and refusals to satisfy complaints received.

Applying to the qualification boards of judges allows citizens to protect their rights, freedoms and legitimate interests in a timely manner when considering a case in court and ensures control over the judicial system by society. The inaction of these boards on citizens' appeals should be challenged according to the rules established by Chapter 25 of the Code of Civil Procedure of the Russian Federation, which will ensure the proper functioning of this controlling mechanism of the Russian judicial system.

The Code of Ethics of a Judge of the Russian Federation proceeds from the recognition of the high authority of moral norms, their obligation along with legal norms. Judges must be guided by the generally accepted norms of morality and rules of conduct "along with the Constitution and other legislative acts in force on the territory of the Russian Federation!" This formula reflects the inseparable connection between law and morality, which regulate the life and activities of people in the legal profession.

In itself, the appeal of a citizen to the qualification board of judges with a complaint about the commission by a particular judge of illegal or unreasonable actions (inaction) in the administration of justice cannot be unlawful.

Conclusion

After analyzing CHAPTER 1, we came to the conclusion that the judiciary in the Russian Federation:

carried out only by the courts in the person of judges and involved in the manner prescribed by law in the administration of justice jurors and arbitrators. No other bodies and persons have the right to take over the administration of justice;

independent and acts independently of the legislative and executive authorities;

The organizational support of the activities of the courts is entrusted not to any one system of bodies, but to different ones, depending on the support of which courts we are talking about. This approach is enshrined in the Law "On the Judicial System".

After analyzing CHAPTER 2, we came to the conclusion that the Code of Professional Judicial Ethics has a peculiar nature. It was adopted after its discussion by judges and bodies of the judicial community. The Code is based on the law, as it specifies and develops the requirements for a judge contained in the Law on the Status of Judges in the Russian Federation. But, in addition, it contains provisions of a purely moral nature and regulates the moral activity of a judge both in the performance of professional functions and in extra-curricular activities.

Unfortunately, the current Russian procedural codes do not contain any indications of the possibility of the participants in the process to apply to the qualification board of judges, which, in fact, gives rise to an erroneous opinion about the unlawfulness of such applications. In order to change it, I consider it appropriate to make additions to the Code of Civil Procedure of the Russian Federation, the Arbitration Procedure Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation, which will secure the right of citizens to apply to the qualification boards of judges with a complaint against a judge, if they believe that this judge does not fulfill his duties in the administration of justice, acts unlawfully or is inactive during the consideration of the case, otherwise violates the norms of the Law of the Russian Federation of June 26, 1992 No. 3132-1 or the provisions of the Code of Judicial Ethics.

Bibliography

1. Regulatory legal acts

.The Constitution of the Russian Federation: adopted at a popular vote on December 12, 1993 // Collected. Legislation Ros. Federation. - 2009 - No. 4 - St. 445.

2.Code of Judicial Ethics December 19, 2012 // Ros. Newspaper - No. 25

.On the judicial system of the Russian Federation: Feder. constitutional law // Ros. Newspaper - No. 3, 01/06/1997.

.On justices of the peace in the Russian Federation: Feder. law // Ros. Newspaper - No. 242, 12/22/1998.

.Civil Procedure Code of the Russian Federation: Feder. law // Ros. Newspaper - No. 220, 11/20/2002.

6.On the Status of Judges in the Russian Federation: Law // Ros. Newspaper - No. 11, 1995.

7.On people's assessors of federal courts of general jurisdiction in the Russian Federation: post. Governments. Ros. Federation dated 02.01.2000 No. 37-FZ, as amended. dated November 27, 2013

8.On the exercise of the powers of chairmen of federal courts of general jurisdiction: Decree of the President of the Russian Federation of November 12, 2013 No. 336.

Educational literature

Alekseev S.S. Judicial ethics and psychology: textbook. / S.S. Alekseev. -

Moscow: ABC, 2009. - 147 p.

Baikov A.S. Judicial ethics and legality: textbook. / A.S. Baikov. -

Moscow: Prospekt, 2008. - 261 p.

Vitryansky D.R. Problems of judicial ethics: / D.R. Vitryansky. -

Moscow: Yurist, 2010. - 37 p.

Civil law. Textbook / Ed.A.G. Kalpina, A.I. Maslyaeva. - M., 2013.

Civil law. Textbook / Ed.A.P. Sergeeva, Yu.K. Tolstoy. - M., 2011.

Civil Law: A Textbook for High Schools / Ed. prof.V. V. Zalessky, prof.M. M. Rassolova. - M, 2012.

Gribanov V.P. Legal entities. M., 2011.

Commentary on the Civil Code of the Russian Federation, part two / Ed. prof. THOSE. Abova and A.Yu. Kabalkin. - M.:, 2013.

Commentary on the Civil Code of the Russian Federation, part one (item-by-article). / Ed. IS HE. Sadikov. - M., 2010.

Code of Judicial Ethics

Document as amended by:
.
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Judicial protection of human rights and freedoms can only be ensured by competent and independent justice, carried out on the basis of fairness and impartiality. Such justice presupposes the observance by each judge of the rules of professional ethics, honesty and conscientious performance their duties, the exercise of due care for the preservation of both their personal honor and dignity, and the dignity and authority of the judiciary.

State guarantees of independence, inviolability, irremovability of judges, inadmissibility of interference in their activities, high level of material and social security are not a personal privilege of judges, but a means of ensuring the goals of justice - the issuance of lawful, reasonable and fair judicial decisions.

Judges of the Russian Federation, based on the provisions of the Constitution of the Russian Federation, the legislation on the judicial system and the status of judges of the Russian Federation, the generally recognized principles and norms of international law, developing and concretizing them in order to ensure the right of everyone to a fair and timely consideration of the case by a competent, independent and impartial court, as well as establishing standards of judges' behavior as the basis of public confidence in the judiciary and the quality of justice, realizing their responsibility to society for the proper administration of justice, adopt the Code of Judicial Ethics.

Chapter 1. General Provisions

Article 1. Subject of regulation

1. The Code of Judicial Ethics, being an act of the judicial community, establishes rules of conduct binding on each judge in the exercise of professional activities in the administration of justice and in extrajudicial activities, based on high moral and ethical requirements, the provisions of the legislation of the Russian Federation, international standards in the field of justice and behavior judges.

2. The need to comply with the Code of Judicial Ethics is determined by the status of a judge, the very fact of vesting a particular person with judicial powers to make a final decision on issues affecting the rights, freedoms and obligations of persons applying for judicial protection.

3. Judges of the Russian Federation have all the rights provided for by federal laws, generally recognized principles and norms of international law, subject to the restrictions established for them by the legislation of the Russian Federation.

4. The provisions of the Code of Judicial Ethics, which establish increased moral and ethical requirements for a judge due to his status, should not be interpreted as limiting his general civil rights and freedoms guaranteed by the Constitution of the Russian Federation.

Article 2. Scope of application

1. The Code of Judicial Ethics applies to all judges of the Russian Federation, including retired judges.

2. The rules of professional conduct established by the Code of Judicial Ethics also apply to persons involved in the administration of justice in accordance with federal law during the period they perform the function of administering justice.

3. In cases where any issues of judicial ethics are not regulated by the Code of Judicial Ethics, the judge must follow the generally accepted principles of moral and ethical behavior in society, as well as international standards in the field of justice and the conduct of judges.

4. Chairpersons of courts, judges must acquaint assistant judges, secretaries of the court session, other employees of the court apparatus with the content of the Code of Judicial Ethics.

5. If a judge has difficulty in determining whether his behavior in a particular situation of administration of justice or in extrajudicial activities will be consistent with the requirements of professional ethics and the status of a judge, or if the judge is not sure how to act in a difficult ethical situation in order to maintain independence and impartiality , he has the right to apply with a corresponding request to the Ethics Commission of the Council of Judges of the Russian Federation for an explanation, which cannot be denied to him.

Article 3. Concepts used in the Code of Judicial Ethics

The following concepts are used in the Code of Judicial Ethics:

close relatives - spouse, parents, children, adoptive parents, adopted children, siblings, as well as grandfathers, grandmothers, grandchildren;

husband (wife) of a judge - a person who is in a registered marriage;

family members of the judge - spouse, parents, children, any other close relative living together with the judge;

persons involved in the administration of justice in accordance with the procedure established by law - jurors, arbitration assessors;

final judicial act - a judicial act, which ends the consideration of the case on the merits in the court of the appropriate judicial instance.

Chapter 2. General requirements for the behavior of a judge

Article 4. Requirements for compliance with the law and the Code of Judicial Ethics

1. When performing his duties in the administration of justice, a judge must proceed from the fact that judicial protection rights and freedoms of man and citizen determines the meaning and content of the activities of the judiciary.

2. In his professional activity and outside of his service, a judge is obliged to observe the Constitution of the Russian Federation, federal constitutional laws, federal laws, be guided by the Law of the Russian Federation "On the Status of Judges in the Russian Federation", the norms of procedural legislation, other regulatory legal acts, as well as the principles and rules of conduct established by the Code of Judicial Ethics, generally accepted norms of morality and morality, strictly follow the oath of a judge.

3. Compliance with the Code of Judicial Ethics should be the inner conviction of the judge, the rule of his life, should help to strengthen public confidence in the judicial system, his confidence that justice is administered competently, independently, impartially and fairly.

Article 5. Requirements to ensure priority in professional activities

1. A judge must proceed from the fact that the administration of justice is a priority for him in relation to any other activity that he has the right to carry out in accordance with the legislation on the status of judges.

2. A judge shall not have the right to evade consideration of applications, petitions and complaints received by him or otherwise refuse to perform his professional duties, except in cases requiring a statement of self-withdrawal.

3. During the entire term of office, a judge must not engage in any activity that could call into question his independence and impartiality and lead to a conflict of interest.

4. A judge, in addition to exercising judicial powers, may be engaged in other paid activities permitted by law, including teaching, scientific, creative activities, if this does not interfere with the administration of justice.

Article 6. Requirements for a judge aimed at ensuring his status

1. A judge must follow high standards of morality and morality, be honest, maintain personal dignity in any situation, cherish his honor, avoid everything that could diminish the authority of the judiciary and damage the judge's reputation.

2. A judge must conscientiously exercise his civil rights and fulfill his civil obligations. He should not use his official position to obtain personal advantages in civil law relations. He should avoid concluding agreements that entail the emergence of financial obligations with persons who are in his official dependence, as well as with persons who are participants in litigation in cases that are in his production.

3. A judge must not use his status in order to obtain any benefits, services, commercial or other benefits for himself, his relatives, friends, acquaintances (for example, obtaining a loan, concluding contracts on other terms than those provided for other persons ); require or accept benefits, payments and benefits not provided for by the legislation of the Russian Federation (for example, loans, interest-free loans, services, payment for entertainment, recreation, transportation costs) and is obliged to take reasonable measures to ensure that these benefits, payments and benefits cannot be accepted members of his family, if this is caused by actions that the judge has committed or intends to commit, or by the judge's inaction in connection with the performance of his official duties.

A judge should not use his status when applying to various state bodies and local governments on personal matters; receive remuneration related to the performance of duties for the administration of justice from other sources, except for the federal budget, and in cases provided for by law, from the budget of the corresponding subject of the Russian Federation.

4. A judge must be aware of his personal property and the sources of its formation, must take reasonable measures in order to obtain information about the property and material interests of his family members.

5. A judge must not take any actions or give other persons reason to take such actions that would make it possible to draw a conclusion about exerting influence on the exercise of his powers by a judge and doubt the independence and impartiality of a judge.

Article 7. Requirements regarding the acceptance of titles, awards, gifts

A judge may accept honorary and special titles, awards and other distinctions, including foreign states, political parties, public associations and other organizations, as well as receive gifts in cases and in the manner prescribed by law.

Chapter 3. Principles and rules of professional conduct of a judge

Article 8. The principle of independence

1. The independence of the judiciary is a constitutional principle of ensuring the rule of law in the administration of justice, a condition for impartiality and the main guarantee of a fair trial. Maintaining the independence of the judiciary, following the principle of independence, is the duty of the judge.

2. When considering a case, a judge must adhere to an independent and impartial position in relation to all participants in the process. The judge must exercise judicial powers based solely on an assessment of the factual and legal circumstances of the case, in accordance with internal conviction, respecting the procedural rights of all persons involved in the case, regardless of any outside influence, pressure, threats or other direct or indirect interference in the process. consideration of the case, no matter from which side it turns out and no matter what motives and goals it was caused.

3. A judge must carry out his professional activities in strict accordance with the law, relying on inner conviction and not being influenced by anyone. Public discussion of the activities of a judge, critical statements addressed to him should not affect the legality and validity of his decision.

Any attempts to influence a judge, direct or indirect pressure on him in order to influence the decision to be made, the judge should be notified to the chairman of the court, the judiciary, as well as law enforcement.

4. The judge should inform the persons participating in the case about any oral or written appeals of a non-procedural nature received by him in connection with the consideration of a particular case, as well as about the existence of circumstances that could put him in a situation of conflict of interest.

Article 9. Principle of objectivity and impartiality

1. The objectivity and impartiality of a judge are essential conditions for the proper administration of justice. Judge in the exercise of his powers and outside service relations should contribute to maintaining the confidence of society and participants in the process in the objectivity and impartiality of the judge and judicial authorities.
(Paragraph as amended, put into effect by the resolution of the All-Russian Congress of Judges of December 8, 2016 N 2.

2. In the performance of his professional duties for the objective consideration of the case, the judge must be free from any preferences, prejudices or prejudices and must strive to exclude any doubts about his impartiality.

3. Item excluded - ..

4. The item is excluded - the decision of the All-Russian Congress of Judges of December 8, 2016 N 2 ..

5. The item is excluded - the decision of the All-Russian Congress of Judges of December 8, 2016 N 2 ..

Article 10. The principle of equality

1. Ensuring equal treatment of all persons participating in the case is a condition for the objective and impartial administration of justice, a fair trial.

2. In the performance of his duties, a judge must be guided by the principle of equality, maintain a balance between the parties, providing each of them with equal opportunities, showing objectivity and impartiality, with equal attention to all participants in legal proceedings, regardless of their gender, race, nationality, language, origin , property and official status, place of residence, attitude to religion, beliefs, belonging to public associations, as well as other circumstances.

3. The judge has the right to demand from the persons participating in the case and other participants in the process to refrain from showing partiality or prejudice against any person, except for those cases that are related to the establishment of factual circumstances, have legal meaning for the subject matter of the proceedings and may be legally justified.

4. A judge must show correctness in dealing with citizens, respect the moral customs and traditions of peoples, take into account the cultural and other characteristics of various ethnic and social groups and confessions, to promote interethnic and interfaith harmony, to prevent conflict situations capable of damaging his reputation or the authority of the judiciary.

5. A judge in the performance of his duties must not demonstrate his religious affiliation.

6. The judge must perform his professional duties without any preference and without real or apparent bias, discrimination, providing the necessary conditions for the parties to fulfill their procedural duties and exercise the rights granted to them, ensuring a fair trial of the case within a reasonable time.

Article 11. Competence and good faith of a judge

1. Competence and good faith are necessary conditions for the proper performance by a judge of his duties in the administration of justice.

2. The judge must conscientiously, at a high professional level, perform his duties, take all measures for the timely and qualified consideration of the case, as well as contribute to the reconciliation of the parties, the peaceful settlement of the dispute.

3. The judge must take measures aimed at ensuring the right of everyone to a fair trial within a reasonable time; properly organize and conduct court sessions, preventing the appointment of consideration of several cases at the same time, repeated and unreasonable adjournments of court proceedings, including due to their inadequate preparation.

4. A judge must maintain his qualifications at a high level, expand professional knowledge, improve practical experience and personal qualities necessary for the proper performance of his duties. To this end, the judge should use both the opportunities for self-study and systematically undergo retraining in state system advanced training.

5. The judge must be aware of changes in the legislation of the Russian Federation, the norms of international law, including international conventions and other documents in the field of human rights, systematically study law enforcement practice, including the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, European Court of Human Rights.

6. A judge is not entitled to disclose information obtained in the performance of his duties. Confidential information that has become known to a judge by virtue of his official position cannot be used by him or disclosed to anyone for purposes not related to the performance of the duties of a judge.

7. The judge must observe a high culture of behavior in the process, maintain order in the court session, behave with dignity, patiently, politely towards the participants in the process and other persons present in the court session.

The judge must demand the same behavior from the participants in the process and all persons present at the court session, as well as from employees of the court apparatus.

Article 12. Rules of conduct in the exercise of organizational and administrative powers

1. The professional activity of a judge includes not only the performance of duties for the trial of a case and the adoption of a decision, but also the performance of other tasks and powers, including those of an organizational and administrative nature, related to the activities of the court. At the same time, the implementation of judicial functions has a priority character in relation to other types of activity.

2. A judge who has organizational and administrative powers in relation to other judges (chairman of the court, deputy chairman of the court) in his professional activities must not only fulfill the duties of administering justice, but also conscientiously fulfill the administrative powers assigned to him, maintain a high level professional qualifications in the field of judicial administration and contribute to improving the efficiency of the performance of official duties by other judges and employees of the court apparatus.

3. The chairman of the court (deputy chairman of the court), when exercising organizational and administrative powers, is not entitled to allow actions (inaction) that limit the independence of judges, put pressure on them, or use other methods of administrative influence aimed at influencing the activities of judges in the administration of justice.

4. Since the administration of justice is impossible without a clear organization of the work of the court apparatus, improper organization of the work of the court and its apparatus undermines confidence in the court and diminishes the authority of the judiciary.

The chairman of the court (deputy chairman of the court) is obliged to take all necessary measures to ensure the timely and effective performance of their duties by judges, including organizational, financial, material, social and domestic measures.

5. The chairman of the court must ensure an even distribution of the workload among judges and employees of the court apparatus.

6. The chairman of the court must conscientiously use his right to resolve personnel issues, avoiding unreasonable appointments, patronage, nepotism. When exercising organizational and administrative powers, the chairman of the court must be correct, restrained in relation to judges and other persons under his command, be tolerant of criticism of his actions, and not allow direct or indirect prosecution for a critical attitude towards himself.

Both unlawful patronage in the service (undeserved promotion, extraordinary unjustified promotion, commission of other actions not caused by official necessity) and connivance in the service (failure to take action for omissions or violations committed in official activities, failure to respond to illegal actions) are unacceptable.

7. The judge has the right to demand from the assistant judge, the secretary of the court session and other employees of the court apparatus to comply with general principles official behavior of public civil servants, determined by the official regulations, maintaining a high professional level, observing the proper ethics of behavior, prohibitions, restrictions, fulfilling the duties stipulated by the legislation on the public civil service of the Russian Federation.

8. A judge must not instruct or order employees of the court apparatus to perform such actions that would be considered a violation of the Code of Judicial Ethics if they were taken directly by the judge himself.

Article 13. Interaction with mass media

1. The effectiveness of judicial activity depends on the public's trust in it, on the proper understanding by the public of the legal motives for the decisions taken by the court.

In order to objectively, reliably and promptly inform the public about the activities of the court, the judge must interact with representatives of the media.

2. A judge should promote professional coverage in the media of the work of the court and judges, as this not only helps to form the legal awareness of citizens and strengthen confidence in the court, increase the authority of justice, but also contributes to the performance by the media of their important public function of informing citizens about all socially significant events.

3. When covering judicial activities in the media, a judge must exercise caution and not make comments on the merits of cases in which no final judicial acts have been adopted. However, this does not exclude the judge's right to provide information about the procedural stages of the case. On the considered case, the judge has the right to explain the adopted judicial act orally or in writing.

4. A referee must exercise restraint and correctness when commenting on the decisions of his colleagues. The judge has the right to give explanations or comments on the decision made by him, to express an opinion on the established practice of applying the norms of substantive and/or procedural law.

In the environment of the judicial community, a judge may express disagreement with the behavior of colleagues in order to eliminate shortcomings in the field of legal proceedings, prevent and eliminate violations of the constitutional and international legal principles of publicity (glasnost) of legal proceedings.

5. If the activities of a judge are covered in the media in such a way that a distorted view of the work of courts and judges is formed, then the decision on the form of response to such media appearances should be made by each judge independently, on the basis of the legal means that he has as citizen. A personal appeal of a judge to law enforcement agencies in order to protect honor and dignity or to the media for a public response to criticism is advisable when other methods of response have been exhausted or it is not possible to resort to them.

6. A judge, when responding to public criticism, must exercise restraint and prudence. In cases where, as a result of unjustified criticism of the actions of a judge in the media, the authority and impartiality of justice may suffer, it is preferable to respond to criticism in the form of publication in the media of a commentary by the press service of the court and / or body of the Judicial Department, as well as the body of the judiciary communities.

Chapter 4. Principles and rules of conduct of a judge in extrajudicial activities

Article 14. Principles for the implementation of extrajudicial activities

1. In extrajudicial activities and in non-official relations, a judge must avoid everything that could diminish the authority of the judiciary, raise doubts about its impartiality and fairness.

2. The referee may practice various types extrajudicial activities, including scientific, educational, creative, social, charitable and other activities, and participate in various public events, if this does not contradict the legislation on the status of judges in the Russian Federation and does not prejudice the interests of justice.

3. A judge should not engage in those types of extrajudicial activities and participate in those public events that create obstacles for a judge to perform his professional duties, have a negative impact on the independence and impartiality of a judge, lead to frequent applications for challenge or self-recusal of a judge, or go beyond restrictions established by the legislation on the status of judges in the Russian Federation.

Article 15. Participation in activities related to the development of law and legislation

1. A judge has the right to participate in events aimed at developing law and improving legislation, the judicial system and justice.

2. A judge may make public reports and lectures, participate in public hearings, scientific forums and conferences, write articles and books, carry out scientific and teaching activities, including on a paid basis, as well as engage in other activities related to the field of law , legislation, justice, if it does not contradict the legislation on the status of judges.

3. A judge has the right to freely express his opinion and take part in public discussions, including on issues of the effectiveness of judicial activity, to explain the legal motives of judicial decisions taken by him or his colleagues. At the same time, in his statements (comments), the judge must exercise restraint and discretion, be impartial in relation to the persons participating in the case, and remain loyal to the judiciary.

Article 16. Restrictions related to the implementation of legal practice

1. A judge is not entitled to engage in advocacy and other legal practice, to provide legal services during his tenure as a judge. At the same time, the judge has the right to represent himself, as well as in the case of legal representation and other persons in the judiciary, to give advice and provide other legal assistance to members of his family.

2. The restrictions established by paragraph 1 of this article shall apply to retired judges, unless otherwise provided by federal law.

Article 17. Participation in public activities

1. A judge may participate in public activities, if it does not harm the authority of the court and the proper performance by the judge of his professional duties.

2. A judge has the right to be a member of non-profit public, including professional, charitable, educational and other similar organizations, subject to the restrictions provided for in paragraphs 3, 4 and 5 of this article.

3. A judge must not consult the organizations named in paragraph 2 of this article, provide them with legal assistance on issues that may become the subject of court proceedings.

4. In order to prevent a possible conflict of interest, a judge who is a member of a non-profit public organization, you must comply with the requirements of the inadmissibility of being an attorney or representative in the affairs of individuals or legal entities.

5. A judge must not participate in fundraising for the benefit of a public organization, call on members of the organization to participate in fundraising if such calls can be regarded as coercion or are, in essence, an additional measure to increase fundraising, and should not use or allow others use their official authority for these purposes.

Article 18

1. A judge has the right to interact with legislative and executive authorities, local self-government on issues of law, legislation, judicial system, judicial practice to the extent that this will be perceived as an expression of his own position based on personal experience and knowledge in the field in which he specializes, while avoiding everything that may raise doubts about his independence, impartiality and influence him on the part of officials of these bodies.

2. A judge must refrain from public statements, judgments and assessments regarding the activities of state bodies and local self-government bodies, as well as the heads of these bodies.

3. A judge may take part in the activities of committees, commissions formed government bodies and local self-government bodies, except in cases where their activities are not related to the improvement of legislation, the legal and judicial system, and if participation in their activities will create obstacles in the performance of professional judicial duties or undermine public confidence in the authority of the judiciary, will raise doubts about the independence and impartiality of the judge.

4. A judge may represent the Russian Federation, a subject of the Russian Federation at ceremonial meetings or in connection with historical, educational and cultural events.

Article 19. Restrictions related to participation in entrepreneurial activity

1. A judge is not entitled to engage in entrepreneurial activities personally or through proxies, including taking part in the management of an economic entity, regardless of its organizational and legal form.

2. A judge may invest funds and manage his property, including real estate, as well as derive income from other sources, for example, from renting out real estate, unless this activity involves the use of judicial status.

3. A judge should refrain from activities that involve frequent transactions, long-term business relationships with persons who are parties or representatives in cases pending before the court where the judge is in office.

4. A judge may be an executor of a will or other authorized person only in respect of the property or person of a member of the judge's family. When exercising powers confidant a judge must act within the same restrictions as are imposed on him to act in that capacity on his own behalf.

Article 20. Remuneration received in connection with the implementation of extrajudicial activities

A judge has the right to receive remuneration and reimbursement of expenses for carrying out extrajudicial activities, when this does not contradict the legislation on the status of judges in the Russian Federation and if the source of these payments does not create the appearance of influence on the judge's performance of his professional duties, and the amount of the judge's remuneration is comparable to the amount of remuneration received for similar activities by other persons, and does not exceed reasonable limits, in particular, does not exceed the amount of monetary remuneration received by a judge for the implementation of his professional activities.

Article 21. Restrictions related to participation in political activities

1. A judge must not participate in political activities.

2. A judge must not be a member of, lead or hold any position in any political organization; speak in support of a political organization or a candidate for an elected position, as well as publicly support or oppose a candidate for an elected position; participate in fundraising, pay contributions or provide financial support a political organization or candidate, or attend events sponsored by a political organization or candidate; publicly express their political views, participate in marches and demonstrations of a political nature, or in other political actions.

Article 22. Freedom of expression

1. Every judge has the right to freely express his opinion. This right includes freedom to hold opinions and to receive and impart information and ideas without any interference from public authorities and regardless of frontiers.

2. A judge must exercise his right to freedom of expression in a manner that is compatible with the restrictions imposed on him by his status. At the same time, he must exercise restraint in all cases where the authority of the court and the impartiality of justice can be called into question. A judge should refrain from making public statements or remarks that could harm the interests of justice, its independence and impartiality.

Article 23. Participation in professional organizations

1. A judge shall have the freedom to establish associations of judges or other professional organizations and the right to join them in order to protect his interests and the interests of justice, improve the status of judges, professional training and preserve his judicial independence.

2. Professional organizations judges, participation in which is voluntary, should contribute to the protection of the rights granted to judges in accordance with their status, before public authorities involved in decision-making regarding the judiciary and the status of judges.

3. The opinion of judges on the issues of changing their status, determining the conditions for their remuneration and social security must be heard at meetings of the bodies of the judiciary.

Chapter 5. Final Provisions

Article 24. Entry into force of the Code of Judicial Ethics

1. The Code of Judicial Ethics comes into force from the day of its approval by the VIII All-Russian Congress of Judges.

2. From the date of approval of this Code, the Code of Judicial Ethics, approved by the VI All-Russian Congress of Judges on December 2, 2004, becomes invalid.

Revision of the document, taking into account
changes and additions prepared
JSC "Kodeks"

"A judge does not have the right to publicly, outside the framework of his professional activities, question court decisions that have entered into force and criticize the professional actions of his colleagues," the new Code of Judicial Ethics says (approved by the VIII All-Russian Congress of Judges on December 19, 2012) .

The code of ethics of a judge is based on the idea of the unity of moral norms in force in society, the absence of special morality for certain professions.

Judges are required to comply with generally accepted norms of morality and rules of conduct.

Thus, the highly moral activity of a judge and his positive moral qualities are considered as necessary conditions and prerequisites for society's trust in the judiciary, faith in its justice. But, unfortunately, the Code does not explicitly state that they are necessary primarily for fair justice. Namely, the justice of the court and judges mainly ensures the authority of the judiciary, and the prestige of judges, and their reputation as objective and impartial servants of the law. It is difficult to talk about the virtues of judges when they create injustice "Code of Judicial Ethics" (approved by the VIII All-Russian Congress of Judges on December 19, 2012) .

The code of ethics of a judge of the Russian Federation proceeds from the priority in the life of a judge of the activity of administering justice over all other activities. The moral side of this provision consists, in particular, in the fact that the object of the professional activity of a judge is another person, other people whose fate, rights, freedoms and good name are "in the hands of the judge." A judge who has devoted himself to the cause of justice, endowed with responsible powers, concentrates his moral and spiritual strength on the main thing - serving truth and justice. All his other activities (outside the sphere of his personal life) are of secondary importance. Social activities, creativity, solving economic issues and other types of activities for a judge are secondary.

The Code of Ethics contains a number of rules of a moral nature relating to the professional activities of a judge. They determine to a certain extent its moral content "Code of Judicial Ethics" (approved by the VIII All-Russian Congress of Judges on December 19, 2012).

The judge's impartiality in making decisions is also referred to in the requirement for the judge not to be committed to one of the parties in the case.

Maintaining one's qualifications at a high level is considered by the Code of Honor as a moral duty of a judge. A judge who does not fulfill it becomes incompetent Civil law: A textbook for universities / Ed. prof.V. V. Zalessky, prof. MM. Rassolova. - M, 2012. .

In the Code of Ethics of a Judge of the Russian Federation, as an official document, in fact, for the first time it is said about the professional secrecy of a judge. A judge is obliged to keep professional secrecy with regard to information obtained in the course of the performance of his duties. The judge acts in a public court. The principle of publicity is one of the foundations of democratic justice. But nevertheless, judges hearing cases in the presence of the public, outside the courtroom, may have their own professional secrets, the protection of which is necessary just for impartial justice and protection of the interests of those affected by the activities of the court. This includes information about the progress of cases and the distribution of responsibilities between judges, and about difficulties in resolving legal and organizational issues in connection with a particular case, etc. In addition, the judge in the proceedings on the case may become the owner of state, military, commercial secrets, information constituting a medical secret or relating to the intimate life of certain persons. Publicity of legal proceedings does not release the judge from the obligation not to disclose this kind of information. Civil Law: A Textbook for High Schools / Ed. prof.V. V. Zalessky, prof. MM. Rassolova. - M, 2012. .

When communicating with the media, the Code recommends that they "respect and understand" their desire to cover the activities of the court and provide them with the necessary assistance, but "if this does not interfere with the conduct of the trial or is used to influence the court." It should be noted that the last wish may in fact remain declarative, since the judge is unlikely to be able and should foresee what interpretation the media can give to his actions and decisions Law of the Russian Federation of 06.26. 11.2013) "On the status of judges in the Russian Federation". - Art. 1288. Extra-official activities of a judge should not give rise to doubts about his objectivity, fairness and incorruptibility. The participation of a judge in public activities is possible if it does not damage the authority of the court and the proper performance by the judge of his professional duties. A judge has no right to belong to political parties and movements, support them financially or in any other way, as well as publicly express his political views, participate in marches and demonstrations of a political nature or in other political actions.

A type of legal ethics is the professional ethics of a judge. These are the requirements that society imposes on people endowed with judicial powers. The professional community itself also supports these ethical provisions.

Definition 1

Ethics of a judge- a set of specific norms and rules governing the behavior of a judge, including all areas of his life and work.

Judicial activity cannot be carried out without the observance of judicial ethics by judges, since the basis of this activity is formed by well-established legal and moral requirements. The peculiarity of the ethics of a judge is that it is binding. Its norms and principles must be followed by judges of the world courts, as well as judges of the Supreme Court of the Russian Federation. The obligation to comply with the requirements of judicial ethics remains relevant for retired judges as well.

The judiciary is governed by:

Federal constitutional law of 23.10.1996 No. No. 1-FKZ "On the judicial system of the Russian Federation";
Federal Law No. 3132-FZ of June 26, 1992 “On the Status of Judges in the Russian Federation”.

Of course, the ethical standards of judges are closely related to the norms of the law. The most important principles of ethics are often reflected in legislative norms. Of course, there are differences in legal and ethical regulation:

Legal and ethical regulation of judicial activities

Legal and ethical requirements have much in common and are closely intertwined. However, it is possible to influence the behavior of a judge from these sides in different ways. Questions practical decide legal regulatory documents, ensuring the effective administration of justice. Judicial ethics was developed by the professional community; these are the norms and values of the ideal judge, which reflect the significance and importance of this institution.

The norms and principles of professional ethics of judges were developed taking into account the main documents. For example, the 7th UN Congress in 1985 adopted the "Basic Principles Concerning the Independence of the Judiciary". The European Charter on the Law on the Status of Judges was adopted by the Council of Europe in 1998. The Bangalore Principles of Judicial Conduct were adopted at the International Conference of Judges in The Hague in 2002.

Remark 1

All of the above documents contain standards for the activities of judges and are reflected in laws, and most importantly in codes of judicial ethics.

The "Basic Principles Concerning the Independence of the Judiciary" and the European Charter are addressed to the leaders of the countries who supported the adoption of these documents. The Bangalore Principles of Conduct have been developed by the judiciary and addressed directly to judges.

The standards indicate the ethical principles of a universal orientation, they can be applied in any area of modern legal proceedings. Thanks to the existence of such principles, it becomes possible to determine the ethical norms that regulate the behavior of a judge in a particular situation. The principles are of general validity, that is, they are important in the work of any lawyer, but for judges they are of particular importance.

Bangalore Principles of Judicial Conduct

The Bangalore Principles highlight:

independence, a category that ensures law and order and justice;
objectivity, which determines the degree of a person's trust in the judge and the court;
honesty and incorruptibility are possible only with the impeccable performance of the judge's duties;
compliance ethical standards is an obligatory component in the work of a judge and his behavior outside of work;
ensuring equality of the parties. Participants in the process must be equal in their rights, the only way to achieve a fair and impartial consideration of the case in court;
competence and diligence characterize a judge as a professional with personal qualities necessary for this profession.

Code of Judicial Ethics

Today, the Code of Judicial Ethics is in force, which was approved by the VIII All-Russian Congress of Judges on December 19, 2012. Compliance with the articles of the code should be, first of all, an internal conviction, a rule of life for a judge. Through the implementation of the Code, public confidence in the judiciary as a whole should be strengthened. Members of society must have full confidence that justice is competent, independent, impartial.

The Code contains a chapter on “Principles and Rules for the Professional Conduct of a Judge”. The main principles here are the principles of objectivity and impartiality, equality, competence and conscientiousness. The same chapter formulates the rules for judges vested with organizational and administrative powers, and spells out the rules that a judge must adhere to when working with the media. A separate chapter is devoted to the principles and rules of behavior of a judge outside of work.

Each formulated principle is universal and abstract. Therefore, it is necessary to interpret it, for this there is a legal hermeneutics. In practice, it is not required today to substantiate ethical principles of a generally valid nature. Very often the traditional set of principles is proclaimed, there is no appeal to the meaning and content of what is proclaimed. Meanwhile, ethical principles continue to be relevant.

Definition 2

Ethics of a judge are moral attitudes based on ethical principles. The principles reflect the general idea of justice.

Obeying this idea, specific requirements are formulated for a judge: personal qualities, behavior. The structural components of judicial ethics are the moral qualities of a judge, behavioral foundations and, regulating them, norms and rules, an assessment of how complete the implementation of the norms is, the existence of an effective control mechanism.

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