| Russia: Integrity Scorecard Report > Sub-Category: Judicial Accountability | ||
| Indicators | Score | |
| 36 | Are judges appointed fairly? | 83 |
| 37 | Can members of the judiciary be held accountable for their actions? | 75 |
| 38 | Are there regulations governing conflicts of interest for the national-level judiciary? | 0 |
| 39 | Can citizens access the asset disclosure records of members of the national-level judiciary? | 0 |
Indicator and sub-Indicator Details
| 36 | Are judges appointed fairly? | |||||||
| 36a: In law, there is a transparent procedure for selecting national-level judges. | ||||||||
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Comments: The procedure for selecting national-level judges: A qualifications chamber that consists of judges (two-thirds) and representatives of the public appointed by the legislature (one-third) makes an announcement of existing vacancies. Any person qualified for a vacancy (age, legal education, professional experience, etc.) can apply. If s/he didn't work as a judge prior to that, s/he must take an exam. The chamber then decides by ballot voting if this person should be recommended for an appointment. The chairman of the corresponding court submits the recommendation to the president for a final confirmation. Candidates for higher courts are presented by the president and approved by the Council of Federation. However, such a transparent procedure is not the rule. Quite often, a selection is based not on the merits of a potential candidate but on his/her personal connections and political affiliations. If draft legislation submitted by the Economic Development and Trade Ministry is adopted, leading judges would then be elected, and a special court would then hears cases against judges. The measures, which consist of amendments to federal laws, are in line with Kremlin efforts to clean up the corruption-plagued judiciary. References: Interview with Dr. Vasili A. Vlasikhin, legal expert (Moscow) "Bill Would Establish Elections for Judges," The Moscow Times daily, Nov. 30, 2007
Peer Review Comments: Law of the RF On Legal Status of Judges in the RF.
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| 36b: In practice, professional criteria are followed in selecting national-level judges. | ||||||||
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Comments: Yes, there are mandatory criteria: legal education and a certain record of service. However, professional criteria mean much less than personal connections and political affiliations. Speaking of court reform, Pavel Astakhov said in an interview that the first thing that needs to be reformed is the system of appointing judges. "Over the last five years, not a single lawyer has been appointed a judge; judges are mostly former employees of the law-enforcement agencies," he noted. In April 2008, the Russian Supreme Court suggested psychological and polygraph tests for judge position applicants. A pilot project to that effect has been completed in the Kursk region, Alexander Gusev said. He explained that they had developed methods for a comprehensive psychological analysis, which made it possible to learn why a person wanted to be a judge. "The pilot project in the Kursk region was successful, but laws must be changed to hold similar projects elsewhere. I think psychological tests have been sufficient so far. We think that such tests must be taken by all the persons who wish to become judges," Gusev said. The proposals will be discussed at the upcoming congress of Russian judges, he added. Vladimir Mau, known as the new president's "braincenter," said, "We have fallen into a trap of negative selection. It is not the best judges who wind up in the qualification pools but the most submissive ones." Mau suggested that attention be focused on "the educational background" of candidates ("people with background as a lawyer or human rights advocate" should be appointed judges," as should those who have completed study at "the appropriate educational institutions"). Finally, he stated that independence of the court is inconceivable without a democratic system: a two-party system at least. Genri Reznik, president of the Moscow Lawyers Bureau, recalls only one case, on the 1950s, in which a lawyer for a short time became a Russian judge: "You will not see lawyers in the federal courts, even though they comprise 7 percent of the world's judges." Those who become judges are people with "repressive" orientation: Many are people from law enforcement agencies, prosecutors. Case study: Boev vs. Solovyev: A senior federal judge testified in court that a Kremlin official threatened to derail her career if she did not reverse a ruling handed down against the Federal Property Fund. Yelena Valyavina, first deputy chairwoman of the Supreme Arbitration Court, told Moscow's Dorogomilovsky District Court that Valery Boyev, an adviser on personnel appointments in the presidential administration, said she would not be returned to her post if she refused to change her position, Kommersant reported on May 13, 2008. "I was told unambiguously [by Boyev] that if I wanted to be re-elected [to my position], I'd face problems," Valyavina testified as a defense witness on May 12, 2008 ,in a libel lawsuit filed by Boyev against radio news program host Vladimir Solovyov. On the Solovyiniye Treli program on Serebryany Dozhd radio, Solovyov said there were "no independent courts in Russia," but that the courtswere "courts dependent on Boyev," Kommersant reported. In her testimony, Valyavina said Boyev asked her in the fall of 2005 to change her ruling regarding the proper ownership of a share package in Tolyattiazot, the country's biggest producer of ammonia. She said Boyev made his threat when she refused to comply. In 1996, the Samara region's Property Fund sold a 6.1 percent stake in Tolyattiazot to joint Russian-Swiss agricultural company Tafco. In March 2004, the Federal Property Ministry appealed the deal. After having its first two attempts turned down, a third appellate court ruled that the Tolyattiazot deal should be voided. The Supreme Arbitration Court overturned that ruling in November 2005. Boyev dropped the lawsuit before a scheduled May 26 hearing in which Solovyov's lawyer, Shota Gorgadze, said three more high-level judges from across Russia were expected to testify as witnesses.
References: Interview with Dr. Vasili A. Vlasikhin, legal expert (Moscow) Interview with Pavel Astakhov, lawyer and member of the Public Chamber, Ekho Moskvy radio, May 20, 2008 Interview with Alexander Gusev, general director of the Supreme Court's Court Department, Rossiyskaya Gazeta, [ LINK ] Statement by Vladimir Mau, director of the National Economy Academy, roundtable discussion dealing with problems of Russia's judicial system, Modern Development Institute, June 2008 "A Lack of Confidence in the Judge: Roundtable Conference Presents President Medvedev with an Explanation of Why Russians Are Appealing to Strasbourg," Ilya Kriger, Novaya Gazeta, July 3, 2008 "Judge Tells of Kremlin Threat," Natalya Krainova, The Moscow Times daily, May 14, 2008, [ LINK ])
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| 36c: In law, there is a confirmation process for national-level judges (i.e. conducted by the legislature or an independent body). | ||||||||
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Comments: Candidates for the higher courts are presented by the president and approved by the Council of Federation (the upper chamber of the legislative). References: Constitution of Russia, Articles 126, 128
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| 37 | Can members of the judiciary be held accountable for their actions? | |||||||
| 37a: In law, members of the national-level judiciary are obliged to give reasons for their decisions. | ||||||||
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Comments: Yes, in law, members of the judiciary are obliged to give reasons for their decisions. At a convention of Russian judges on December 2, 2008, President Dmitry Medvedev discussed several proposals intended to improve the country's judicial system, ITAR-TASS reported. Medvedev announced an initiative to establish a single disciplinary body that will be responsible for the supervision of judges. References: Criminal Procedures Code, 2002
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| 37b: In practice, members of the national-level judiciary give reasons for their decisions. | ||||||||
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Comments: Yes, in practice, members of the judiciary give reasons for their decisions. However, such decisions are often biased and affected by either political pressure or corruption. Moreover, sometimes it is difficult to obtain them in written form, even for participants of a specific trial. At a convention of Russian judges on December 2, 2008, President Dmitry Medvedev discussed several proposals intended to improve the country's judicial system, ITAR-TASS reported. Medvedev announced an initiative to establish a single disciplinary body that will be responsible for the supervision of judges. References: Interview with Dr. Vasili A. Vlasikhin, legal expert (Moscow)
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| 37c: In law, there is a disciplinary agency (or equivalent mechanism) for the national-level judicial system. | ||||||||
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Comments: A Higher Qualification Commission is set by the Supreme Court of the Russian Federation. It reviews questionable rulings and evaluates the behavior of judges if they violate the law, and can dismiss them (with the exception of district courts; they are under the jurisdiction of regional qualification commissions). At a convention of Russian judges on December 2, 2008, President Dmitry Medvedev discussed several proposals intended to improve the country's judicial system, ITAR-TASS reported. Medvedev announced an initiative to establish a single disciplinary body that will be responsible for the supervision of judges. References: Statute on Qualification Commissions, 2002, [ LINK ] Instruction on the order of operations of Higher Qualification Commission of the Russian Federation, 2007, [ LINK ]
Peer Review Comments: Federal Law On Judicial Community Bodies in the RF.
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| 37d: In law, the judicial disciplinary agency (or equivalent mechanism) is protected from political interference. | ||||||||
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Comments: A higher Qualification Commission is set by the Supreme Court of the Russian Federation. In law, judges of the Higher Qualification Commission of the Supreme Court of the Russian Federation are protected from political interference. At a convention of Russian judges on December 2, 2008, President Dmitry Medvedev discussed several proposals intended to improve the country's judicial system, ITAR-TASS reported. Medvedev announced an initiative to establish a single disciplinary body that will be responsible for the supervision of judges. References: [ LINK ] Instruction on the order of operations of Higher Qualification Commission of the Russian Federation, 2007, [ LINK ]
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| 37e: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) initiates investigations. | ||||||||
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Comments: A higher Qualification Commission is set by the Supreme Court of the Russian Federation. In law, judges of the Higher Qualification Commission of the Supreme Court of the Russian Federation are protected from political interference. On the Higher Qualification Commission website is a list of judges that were relieved of their responsibilities in 2005-2006 by the Comission but this information was not updated to include 2007-2008 decisions. References: [ LINK ]®ion=74
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| 37f: In practice, when necessary, the judicial disciplinary agency (or equivalent mechanism) imposes penalties on offenders. | ||||||||
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Comments: On the Higher Qualification Commission (HQC) website is a list of judges that were relieved of their responsibilities in 2005 and 2006 by the commission, but this information was not updated to include 2007 and 2008 decisions. The HQC was set up by the Supreme Court of the Russian Federation and reviews questionable rulings and evaluates the behavior of judges if they violate the law and can dismiss them. In February 2008, the Constitutional Court of Russia ruled that qualification commissions should decide on removing a judge via secret vote only and directed the national legislature to amend the existing legislation within six months According to Anton Ivanov, chairman of the Supreme Arbitration Court of Russia, on average 100 judges are called to account a yea. According to Sergei Pashin, retired federal judge, in 2007, 270 judges were disciplined, and 40 were removed. In 2005 contracts with 73 judges were terminated. President Dmitry Medvedev presented several proposals intended to improve the country's judicial system at a convention of Russian judges on December 2, 2008, ITAR-TASS reported. Medvedev announced an initiative to establish a single disciplinary body that will be responsible for the supervision of judges.
References: [ LINK ]®ion=74
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| 38 | Are there regulations governing conflicts of interest for the national-level judiciary? | |||||||
| 38a: In law, members of the national-level judiciary are required to file an asset disclosure form. | ||||||||
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Comments: No, there were no such requirements in law as of the study period of this report. However, according a package of anti-corruption bills introduced to the State Duma by President Medvedev in early November 2008 and approved in the first reading a week later, the system of filing an annual asset and income disclosure form by all public officials will be extended to the judiciary. All judges and members of their immediate family will have to submit these forms but to their superior, not to the tax agency as public officials do. Judge-position applicants will have to submit such forms to qualification commissions. How disclosure forms will be audited is to be decided by the Supreme Court of Russia, the Supreme Arbitration Court of Russia and the Constitutional Court of Russia. If incorrect or insufficient information is provided, judges can be disciplined or even removed. The bills also suggest prohibiting judges and members of their family from accepting gifts and hospitality. Information on assets and income of judges can be made public. Only federal media can supply it. If such information is provided, it should be published within a week. An application by a media entity can be rejected if the publication can be used as a means to apply pressure on a specific judge.
References: Federal Law On Statute of Judges in Russian Federation, 1992, [ LINK ]
Peer Review Comments: According to the Law of the RF On Legal Status of Judges in the RF as amended on December 25, 2008, (outside the time frame of the Global Integrity Report: 2008) the judges are required to file asset disclosures annually to the corresponding court.
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| 38b: In law, there are regulations governing gifts and hospitality offered to members of the national-level judiciary. | ||||||||
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Comments: No, there were no such requirements in law as of the study period of this report. However, according a package of anti-corruption bills introduced to the State Duma by President Medvedev in early November 2008 and approved in the first reading a week later, the system of filing an annual asset and income disclosure form by all public officials will be extended to the judiciary. All judges and members of their immediate family will have to submit these forms but to their superior, not to the tax agency as public officials do. Judge-position applicants will have to submit such forms to qualification commissions. How disclosure forms will be audited is to be decided by the Supreme Court of Russia, the Supreme Arbitration Court of Russia and the Constitutional Court of Russia. If incorrect or insufficient information is provided, judges can be disciplined or even removed. The bills also suggest prohibiting judges and members of their family from accepting gifts and hospitality. Information on assets and income of judges can be made public. Only federal media can supply it. If such information is provided, it should be published within a week. An application by a media entity can be rejected if the publication can be used as a means to apply pressure on a specific judge.
References: Federal Law On Statute of Judges in Russian Federation, 1992, [ LINK ]
Peer Review Comments: According to the Law of the RF On Legal Status of Judges in the RF, as amended on December 25, 2008, (outside the time frame of the Global Integrity Report: 2008) the judges can not accept gifts and hospitality. Gifts received as a part of official arrangements should be handed over to the court where (s)he holds the office.
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| 38c: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national-level judiciary. | ||||||||
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Comments: No, there are no such requirements. References: Federal Law On Statute of Judges in Russian Federation, 1992, [ LINK ]
Peer Review Comments: According to the Law of the RF on Legal Status of Judges in the RF as amended on December 25, 2008, the auditing procedures should be further elaborated by the Constitutional Court, the Supreme Court< and the Supreme Arbitrary Court.
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| 38d: In law, there are restrictions for national-level judges entering the private sector after leaving the government. | ||||||||
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Comments: No, there are no such requirements. In November 2008, President Medvedev submitted a package of anti-corruption bills to the State Duma, which a few days later approved them on the first reading. Among other initiatives, the draft laws introduce mandatory asset and income control of judges (and members of their families) and judge-position applicants. References: Federal Law On Statute of Judges in Russian Federation, 1992, [ LINK ] Interview with Larisa Brycheva, head of the State Legal Department of the Administration of the President, Rossiiskaya Gazeta daily, Nov. 18, 2008t, [ LINK ])
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| 38e: In practice, the regulations restricting post-government private sector employment for national-level judges are effective. | ||||||||
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Comments: There are no such legal requirements. References: Interview with Dr Vasili A. Vlasikhin, legal expert (Moscow)
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| 38f: In practice, the regulations governing gifts and hospitality offered to members of the national-level judiciary are effective. | ||||||||
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Comments: There are no such legal requirements. According a package of anti-corruption bills introduced to the State Duma by President Medvedev in early November 2008 and approved in the first reading a week later, the system of filing an annual asset and income disclosure form by all public officials will be extended to the judiciary. All judges and members of their immediate family will have to submit these forms but to their superior, not to the tax agency as public officials do. Judge-position applicants will have to submit such forms to qualification commissions. How disclosure forms will be audited is to be decided by the Supreme Court of Russia, the Supreme Arbitration Court of Russia and the Constitutional Court of Russia. If incorrect or insufficient information is provided, judges can be disciplined or even removed. Information on assets and income of judges can be made public. Only federal media can supply it. If such information is provided, it should be published within a week. An application by a media entity can be rejected if the publication can be used as a means to apply pressure on a specific judge. References: Interview with Dr. Vasili A. Vlasikhin, legal expert (Moscow)
Peer Review Comments: The regulations on gifts and hospitality for the national judiciary were enacted on December 25, 2008.
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| 38g: In practice, national-level judiciary asset disclosures are audited. | ||||||||
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Comments: There are no such legal requirements. In November 2008, President Medvedev submitted a package of anti-corruption bills to the State Duma, which a few days later approved them on the first reading. Among other initiatives, the draft laws introduce mandatory asset and income control of judges (and members of their families) and judge-position applicants. Information on assets and income of judges can be made public. Only federal media can supply it. If such information is provided, it should be published within a week. An application by a media entity can be rejected if the publication can be used as a means to apply pressure on a specific judge.
References: Interview with Dr. Vasili A. Vlasikhin, legal expert (Moscow)
Peer Review Comments: The requirement to file asset disclosure for national-level judiciary was enacted on December 25, 2008.
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| 39 | Can citizens access the asset disclosure records of members of the national-level judiciary? | |||||||
| 39a: In law, citizens can access the asset disclosure records of members of the national-level judiciary. | ||||||||
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Comments: There are no such legal requirements. In November 2008, President Medvedev submitted a package of anti-corruption bills to the State Duma, which a few days later approved them on the first reading. Among other initiatives, the draft laws introduce mandatory asset and income control of judges (and members of their families) and judge-position applicants. Information on assets and income of judges can be made public. Only federal media can supply it. If such information is provided, it should be published within a week. An application by a media entity can be rejected if the publication can be used as a means to apply pressure on a specific judge.
References: Federal Law On Statute of Judges in Russian Federation, 1992, [ LINK ]
Peer Review Comments: The requirement to file asset disclosure for national-level judiciary wad enacted on December 25, 2008.
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| 39b: In practice, citizens can access judicial asset disclosure records within a reasonable time period. | ||||||||
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Comments: There are no judicial asset disclosure records. In November 2008, President Medvedev submitted a package of anti-corruption bills to the State Duma, which a few days later approved them on the first reading. Among other initiatives, the draft laws introduce mandatory asset and income control of judges (and members of their families) and judge-position applicants. Information on assets and income of judges can be made public. Only federal media can supply it. If such information is provided, it should be published within a week. An application by a media entity can be rejected if the publication can be used as a means to apply pressure on a specific judge.
References: Interview with Dr. Vasili A. Vlasikhin, legal expert (Moscow)
Peer Review Comments: The requirement to file asset disclosure for national-level judiciary was enacted on December 25, 2008.
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| 39c: In practice, citizens can access judicial asset disclosure records at a reasonable cost. | ||||||||
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Comments: There are no judicial asset disclosure records. In November 2008, President Medvedev submitted a package of anti-corruption bills to the State Duma, which a few days later approved them on the first reading. Among other initiatives, the draft laws introduce mandatory asset and income control of judges (and members of their families) and judge-position applicants. Information on assets and income of judges can be made public. Only federal media can supply it. If such information is provided, it should be published within a week. An application by a media entity can be rejected if the publication can be used as a means to apply pressure on a specific judge.
References: Interview with Dr. Vasili A. Vlasikhin, legal expert (Moscow)
Peer Review Comments: The requirement to file asset disclosure for national-level judiciary was enacted on December 25, 2008.
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