A study commissioned by the Institute of Contemporary Development (Board of Trustees chaired by President Dmitri Medvedev) found that the biggest threat to judicial independence in Russia is interference by government officials and chief judges in the decisions of rank-and-file judges in cases involving the government or big business. Also, appellate rulings tend to be pro-government, and lower court judges risk dismissal if their decisions are often reversed. At a discussion in Russia’s Public Chamber after the study was released, it was proposed that chief judges be elected by their fellow judges. A Supreme Court representative suggested that these criticisms of the judicial system might be colored by their source, including dismissed judges.
http://www.vedomosti.ru/newspaper/article/2009/10/29/217695
http://www.kommersant.ru/doc.aspx?DocsID=1273075
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Some info on the appointment of judges in Russia:
ReplyDeleteIn most cases judges, including both general jurisdiction court judges and arbitrazh court judges, are appointed by the President upon a proposal of the Chairperson of the Supreme Court or Supreme Arbitrazh Court, in turn acting on a proposal of the chairperson of the respective lower court. Judges of the Supreme Court and Supreme Arbitrazh Court are appointed by the Council of Federation upon a proposal of the President who should “consider” the opinion of the Chairman of the respective Court. In all cases a positive opinion of the respective Judge Qualification Board is a precondition of the appointment.
Speaking about the appointment of the chairpersons of courts (and their deputies), the system is similar. Chairpersons of the SC and SAC are appointed by the CF upon a proposal of the President, provided the Supreme JQB’ opinion is positive. Lower chairpersons are appointed by the President upon a broposal of the SC or Sac, with a recommendation of a JQB.
See Law on the Status of Judges, arts 6, 6.1.
ЗАКОН РФ от 26.06.1992 N 3132-1
(ред. от 25.12.2008)
"О СТАТУСЕ СУДЕЙ В РОССИЙСКОЙ ФЕДЕРАЦИИ"
See also: http://www.clj.ru/news/1437.html.
Constitutional Court judges are appointed by the Council of Federation upon a proposal of the President. Until recently, the CC Chairperson was elected by CC Judges; under recent amendments the Chairperson is also appointed by the Council of Federation upon a proposal of the President.
(The next CC Chairman appointment is due in 2012. Presumably the office has been secured for Medvedev after Putin returns to presidency.)
See Law on the RF Constitutional Court, arts. 4, 23.
Федеральный конституционный закон от 21.07.1994 N 1-ФКЗ
(ред. от 02.06.2009)
"О Конституционном Суде Российской Федерации"
(одобрен СФ ФС РФ 12.07.1994)
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