Leading judges would be elected and a special court would hear cases against judges if a draft of legislative measures submitted by the Economic Development and Trade Ministry were adopted. The measures, which consist of amendments to federal laws, are in line with Kremlin efforts to clean up the corruption-plagued judiciary. (See more about here: Bill Would Establish Elections for Judges, The Moscow Times daily, November 30, 2007).

For a draft law of Ministry of Economic Development and Trade on law reform see here: [ LINK ] See more about here: [ LINK ]

Another project was introduced by Prosecutors General Office - [ LINK ]

References: An interview with Dr. Vasili A. Vlasikhin, legal expert (Moscow).

An example of how such appointment takes place, see [ LINK ]®ion=29, [ LINK ] and here [ LINK ].

On selecting judges, see [ LINK ].

References: An interview with Dr. Vasili A. Vlasikhin, legal expert (Moscow).

References: Constitution of Russia, Articles 126, 128.

References: Criminal Procedures Code, 2002.

References: An interview with Dr. Vasili A. Vlasikhin, legal expert (Moscow).

References: Statute on Qualification Commissions, approved on July 15, 2002: [ LINK ]. The website of the Higher Qualification Commission of the Supreme Court of the Russian Federation is: [ LINK ].

See also Instruction on the order of operations of Higher Qualification Commission of the Russian Federation approved on March 22, 2007 ([ LINK ]).

References: Statute on Qualification Commissions, approved on July 15, 2002: [ LINK ]. The website of the Higher Qualification Commission of the Supreme Court of the Russian Federation is: [ LINK ].

References: There is a list of judges that were relieved of their responsibilities in 2005-2006 by Higher Qualification Commission (see [ LINK ]).

A case study - see [ LINK ].

References: There is a list of judges that were relieved of their responsibilities in 2005-2006 by Higher Qualification Commission (see [ LINK ]).

A case study - see [ LINK ] and [ LINK ].

How judges are relieved in regions - see [ LINK ].

In February 2006, Supreme Arbitration Court of Russia submitted to the Cabinet anti-corruption amendments to the Federal Law "On Statute of Judges in Russian Federation" passed in 1992. According to the draft law, all Russian judges will have to declare their assets and property. Their relatives will be prohibited to work as legal counselors because they are often hired by clients to be used as middlemen for passing bribes to the judges. The draft law gives one year to end such family practice. Vice Prime-Minister Alexander Zhukov promised to back this draft. However, it was not supported by judicial community. (Counselor Is Not a Spouse to a Judge by Anastasiya Kornya, Vedomosti daily, February 28, 2006, available at [ LINK ])

Nonetheless, Anton Ivanov, the Chairman of the Supreme Arbitration Court of Russia, didnt give up his idea of cleaning the house. In June 2006, he submitted another proposal for the June 22 plenary session of Supreme Arbitration Court. According to it, similar amendments should be introduced to the Federal Law "On Statute of Judges in Russian Federation." All current judges and will have to submit a financial declaration disclosing their property and any assets they own (including joint ownership), bank accounts, stocks, securities and any loans. The judges will have to submit such a declaration an annual basis by April 30 to the chairman of the court they work at. Similar information should be submitted to the qualification commission everyone running for a judge seat. These declarations will be reviewed by high courts  Supreme Court, Supreme Arbitration Court, and Constitutional Court. For inadequate information or delay with submitting a declaration a judge can be disciplined and even fired.

Along with this proposal, Ivanov suggested adopting a supplement to the Federal Law "On Statute of Judges in Russian Federation" that will deal with disclosing this information to the media. Journalist will be able to find out about vehicles and real estate that a judge owns, as well as his/her declared annual income. According to this proposal, such information will be provided to the first media outlet to request it; all other requests will be forwarded to the first publication. The media will have to explain on a mandatory basis what they need this information for, or the request will be rejected. If this information can be used for putting pressure on a judge or restrict his/her independence in hearing cases, a media request can also be denied. (Income and Property Declarations of Judges Will be Published in the Media, Vedomosti daily, June 20, 2006, available at [ LINK ]). Experts didnt believe these amendments will be enforced properly (see more about it here: [ LINK ]).

However, the Supreme Court of Russia rejected these proposals calling them unconstitutional. The Supreme Court judges are concerned these declarations can be used against judges. The Supreme Court said in its statement there is no need for any amendments and that judges as any regular taxpayers should submit their declarations to tax inspection. Experts believe the judicial community is against any financial transparency (There Is Nothing to Declare by Anastasiya Kornya, Vedomosti daily, September 21, 2006, available at [ LINK ]).

Ivanov said in November 2006 this will give tax service additional lever for putting pressure on judges. He said Arbitration courts are dealing with a lot of disputes between tax police and businessmen where judges do not necessarily side with tax police, and an opportunity to review their financial declarations will give the tax service an unfair advantage over judges (see more about it here: [ LINK ]).

Oleg Sviridenko, Chairman of the Moscow Arbitration Court, as well as some other judges, does not support the idea of having to review such declarations. On Dec. 6, 2006, he said to Interfax new agency that he would not have time to check all the declarations of 179 judges subordinate to him. Sidorenko said he believes this should be done by a specialized body such as tax inspection (see his interview here: [ LINK ] )

However, President Putin in November 2006 supported an idea of making police and prosecutors declare their property and assets (see more about here: [ LINK ]). In February 2007, the State Duma discussed a draft law that would make public officials, State Duma deputies, judges and their relatives prove the legal origin of their property. The law was not passed (Public Officials Will Declare Their Property by Tatiana Aleshkina, Vedomosti daily, February 2, 2007, available at [ LINK ]).

It is quite probable this initiative will result in some legal act, hardly this year but quite probably the next year when the new Duma and the President-to-be will use anti-corruption campaign as a major PR tool.

References: Federal Law "On Statute of Judges in Russian Federation", 1992 ([ LINK ])

Russian President Vladimir Putin hopes that introducing the mandatory declaration of judges' income and property will help combat corruption in the judicial system.

"I hope this law will help in reinforcing the legal system, increasing its prestige and in the fight against corruption," Putin said at a meeting in the Kremlin with chairman of Russia's Supreme Court of Arbitration Anton Ivanov.

Ivanov told the president that the bill on mandatory declaration of judges' income and property had recently been submitted to the State Duma.The bill is "very extensive" and the requirements for judges to declare their income are even wider than the current requirements for government officials, Ivanov said. This is attributable to the special status of judges, he said. The Supreme Court of Arbitration has drawn up a bill whereby judges and candidates for the job will have to disclose their income. Judges currently submit this information to the tax authorities, where they receive a certificate to take to court. ("Russian president hopes judges' income declaration will cut corruption", ITAR-TASS news agency, November 9, 2006)

In June 2006, the Supreme Court of Arbitration prepared a draft law, according to which it was decided to regulate presents to state figures differently. The total of permitted presents to officials and judges is increased from 500 to 4,000 rubles (US$20.46 to US$163.75) and personal presents worth more than 100,000 rubles (US$4,093.83) have to be declared. ("Official Feeding Trough" by Valeriy Vyzhutovich, Rossiyskaya Gazeta daily, November 13, 2006)

References: Federal Law "On Statute of Judges in Russian Federation", 1992 ([ LINK ])

In February 2006, Supreme Arbitration Court of Russia submitted to the Cabinet anti-corruption amendments to the Federal Law "On Statute of Judges in Russian Federation" passed in 1992. According to the draft law, all Russian judges will have to declare their assets and property. Their relatives will be prohibited to work as legal counselors because they are often hired by clients to be used as middlemen for passing bribes to the judges. The draft law gives one year to end such family practice. Vice Prime-Minister Alexander Zhukov promised to back this draft. However, it was not supported by judicial community. (Counselor Is Not a Spouse to a Judge by Anastasiya Kornya, Vedomosti daily, February 28, 2006, available at [ LINK ])

Nonetheless, Anton Ivanov, the Chairman of the Supreme Arbitration Court of Russia, didnt give up his idea of cleaning the house. In June 2006, he submitted another proposal for the June 22 plenary session of Supreme Arbitration Court. According to it, similar amendments should be introduced to the Federal Law "On Statute of Judges in Russian Federation." All current judges and will have to submit a financial declaration disclosing their property and any assets they own (including joint ownership), bank accounts, stocks, securities and any loans. The judges will have to submit such a declaration an annual basis by April 30 to the chairman of the court they work at. Similar information should be submitted to the qualification commission everyone running for a judge seat. These declarations will be reviewed by high courts  Supreme Court, Supreme Arbitration Court, and Constitutional Court. For inadequate information or delay with submitting a declaration a judge can be disciplined and even fired.

Along with this proposal, Ivanov suggested adopting a supplement to the Federal Law "On Statute of Judges in Russian Federation" that will deal with disclosing this information to the media. Journalist will be able to find out about vehicles and real estate that a judge owns, as well as his/her declared annual income. According to this proposal, such information will be provided to the first media outlet to request it; all other requests will be forwarded to the first publication. The media will have to explain on a mandatory basis what they need this information for, or the request will be rejected. If this information can be used for putting pressure on a judge or restrict his/her independence in hearing cases, a media request can also be denied. (Income and Property Declarations of Judges Will be Published in the Media, Vedomosti daily, June 20, 2006, available at [ LINK ]). Experts didnt believe these amendments will be enforced properly (see more about it here: [ LINK ]).

However, the Supreme Court of Russia rejected these proposals calling them unconstitutional. The Supreme Court judges are concerned these declarations can be used against judges. The Supreme Court said in its statement there is no need for any amendments and that judges as any regular taxpayers should submit their declarations to tax inspection. Experts believe the judicial community is against any financial transparency (There Is Nothing to Declare by Anastasiya Kornya, Vedomosti daily, September 21, 2006, available at [ LINK ]).

Ivanov said in November 2006 this will give tax service additional lever for putting pressure on judges. He said Arbitration courts are dealing with a lot of disputes between tax police and businessmen where judges do not necessarily side with tax police, and an opportunity to review their financial declarations will give the tax service an unfair advantage over judges (see more about it here: [ LINK ]).

Oleg Sviridenko, Chairman of the Moscow Arbitration Court, as well as some other judges, does not support the idea of having to review such declarations. On Dec. 6, 2006, he said to Interfax new agency that he would not have time to check all the declarations of 179 judges subordinate to him. Sidorenko said he believes this should be done by a specialized body such as tax inspection (see his interview here: [ LINK ] )

However, President Putin in November 2006 supported an idea of making police and prosecutors declare their property and assets (see more about here: [ LINK ]). In February 2007, the State Duma discussed a draft law that would make public officials, State Duma deputies, judges and their relatives prove the legal origin of their property. The law was not passed (Public Officials Will Declare Their Property by Tatiana Aleshkina, Vedomosti daily, February 2, 2007, available at [ LINK ]).

It is quite probable this initiative will result in some legal act, hardly this year but quite probably the next year when the new Duma and the President-to-be will use anti-corruption campaign as a major PR tool.

References: Federal Law "On Statute of Judges in Russian Federation", 1992 ([ LINK ])

References: Federal Law "On Statute of Judges in Russian Federation", 1992 ([ LINK ])

References: An interview with Dr Vasili A. Vlasikhin, legal expert (Moscow)

References: An interview with Dr Vasili A. Vlasikhin, legal expert (Moscow)

References: An interview with Dr. Vasili A. Vlasikhin, legal expert (Moscow)

References: Federal Law "On Statute of Judges in Russian Federation", 1992 ([ LINK ])

References: An interview with Dr.Vasili A. Vlasikhin, legal expert (Moscow)

References: An interview with Dr. Vasili A. Vlasikhin, legal expert (Moscow)