The Council of Council offers the dismissal of judges after the third canceled sentence

The first deputy chairman of the Council of Economic Policy, the former Minister of Labor, Sergei Kalashnikov, introduced a bill to the State Duma, which provides for the dismissal of judges after the third for one term of office of the sentence, canceled by higher authorities. The document is published on the website of the lower house.

It is proposed to include the corresponding norm in paragraph 1 of Article 14 of the Law "On the Status of Judges in the Russian Federation". This paragraph lists the grounds for the termination of the powers of the judge.

“This basis does not apply to the decisions of the jury or other court decisions made collegial, but only to the decisions of the judge, if they are made single -handed by them, - it is noted in the explanatory note to the bill.“ It also does not apply to cases of a decision on a change in the decision of the judge. It is only about the full abolition of the judge with a judicial error or which has become a consequence The abuse of the judge with his powers, which should be reflected in the decision of the court of higher authorities. "

“If the judge is one, the second, the third time makes decisions, which are then canceled, then, sorry, such a judge must be driven by a filthy broom,” Kalashnikov explained his initiative in a conversation with RBC. ​

The senator added that he was sending a bill to receive a review to the Supreme Court, but he did not wait for an answer. In this regard, he expressed a fear that "strong intra -corporate relations in the judicial community" could be hindered by the adoption of the law.

Meanwhile, in the State Duma, the initiative of Kalashnikov was regarded as declarative, and the chances of adopting the law are close to zero. The deputy chairman of the Lower Chamber Committee on Legislation, Uneneros, Rafael Mardanshin, noted that such an initiative contradicts the principle of the Russian judicial system, according to which the judge makes a decision in accordance with his internal conviction. “In our country, there are no precedent law, and the decisions of higher courts are not sources of law,” Unitedos emphasized. “And accordingly, this kind of punishment cannot be introduced for contradiction.”

The judge of retired Mosgorsud, the professor of the Higher School and a member of the Presidential Council of Human Rights Sergey Pashin, in turn, noted that the Kalashnikov bill contradicts the constitution. The Basic Law, Pashin explained, establishes the principle of inconsistency of judges, and therefore the impossibility of their dismissal for decisions made. “In fact, this is an attempt to strengthen the power vertical inside the judicial system: since you are a boss, then you are always right,” the lawyer remarked. “But if you do not agree with the judge, then this does not mean that he works poorly.”