Foto Pravo.Ru At yesterday's meeting of VKKS considered eight judicial complaints. Two of them concerned disciplinary punishments, the others - refusals in the recommendation to the judicial positions which reasons were the conflict of interests, poor quality of work and even unsuccessful results of dough for professional suitability. The highest kvalifkollegiya cancelled three of six decisions on refusal in the recommendation.
of Victims needed to inform
on April 26 the current year KKS of the Bryansk region brought to a disciplinary responsibility the judge Fokinsky district court Vasily Bocharov . So, on April 28, 2015 Bocharov pronounced a sentence on criminal case (
In the complaint in the Highest kvalifkollegiya Bocharov who asked to consider case in its absence, specified that the allowed violation was a miscarriage of justice, and asked to cancel collecting.
toof Punches explained that Ryabinina's business - not the first on which the judge allowed violations. For the last years he received four "private traders", each of which was discussed at meetings of Presidium of regional court. The system in violations, according to him, is confirmed also that now one more representation in which the chairman of regional court already asks to deprive of Bocharov of powers for new violation of a legal procedure - instead of the six-months term of arrest allowed by the law is under consideration in KKS, he allowed to hold the citizen in custody within seven months.
the Case from Ryabinina the chairman of a kvalifkollegiya designated p "outstanding". While the appeal considered the complaint of victims, the defendant left from Russia to Spain and is now put on the international wanted list. The new sentence on business is not pronounced.
to of Punches said that the meetings which have injured in day arrived to court and waited when them will cause in a hall, and the judge considered at this time case without them in a particular treatment though they allegedly did not agree to it. "That is, it actually forged materials? " - someone from members of VKKS asked again. "I cannot tell it, but in the protocol there are no data that victims were not informed", - the chairman of KKS crawfished. Meanwhile, in appeal
Having conferred, the Highest kvalifkollegiya left the complaint without satisfaction. whether
were Expired by a limitation period?
the Prevention regional KKS punished also the judge the Kirov regional court of Volgograd Svetlana Podlesnuyu, having considered on March 4, 2016 the appeal of Judicial council of the Volgograd region. In it it was reported that the judge violated item 1 of Art. 8.1 of the law on the status of judges (data on the income of the judge, his expenses, on the property belonging to it on the property right, and obligations of property character of the judge), GPK and the instruction on office-work in district court.
of Violation were that on three of 185 civil cases considered by the judge since December of 2014th till May, 2015, it at the wrong time (with a delay from 2 to 14 days) directed to the parties of the copy of acts, 49 ended cases handed over in office with delay from 3 to 20 days. In one of decisions of the judge found a slip, in another matter it considered the statement for a delay of payment of the state duty after adoption of the claim to production, on one — did not inform the respondent on change of claim requirements. Besides, for 2014 the judge submitted data on the income, expenses and property only on May 13, 2015 though it was obliged to make it until the end of April.
As for almost two-week delay with providing data on the income, the representative of the judge Vladimir Prokofiev claimed that it was not, but it is impossible to prove the return as in Kiromsky regional court of the declaration it is accepted to give to the presiding judge who does not give on the second copy a mark about date and giving time." The order of submission of such data is not regulated, delivery is not fixed anywhere. Such practice developed in court", - Prokofiev spoke. VKKS long discussed arguments of the complaint, but as a result left it without satisfaction.
Refusal in the recommendation - not a sentence
the Highest kvalifkollegiya satisfied with p three complaints from the applicants who for various reasons have not got approvals from regional kvalifkollegiya and cancelled decisions on refusal in the recommendation.
to Dmitry Maksimov on April 22 this year KKS of the Volgograd region did not make the repeated recommendation to a position of the world judge of a judicial site No. 24. The Kvalifkollegiya counted unsatisfactory indicators of its work, decided that the judge worked, violating the Art. 9 Codes of judicial ethics which forbids to consider cases with participation of the organizations where close relatives work, and also saw the potential conflict of interests that the sister of the spouse of the applicant lives some years abroad.
In August, 2015 Maksimov took out three injunctions no more, than for 3 000 rub everyone in favor of JSC Gazprom Gas Distribution Volgograd where his wife worked as the accountant. The judge in the justification said that from December of the 2012th to December, 2015 of his spouse was a child care leave. When she went to the decree, the organization was called as "Volgogradoblgaz", about change of the name of Maksimova did not know. Moreover, its legal address too was replaced so, for the judge was not obvious that it considers cases with participation of the employer of the wife.
of KKS paid attention to four cases of red tape by hearing of cases. The applicant explained that hearings on three of them, already behind the expiration of terms, were appointed by other world judges whom he replaced. "At last appointment the sister of the wife living abroad, did not hinder, and in this - the kvalifkollegiya at all did not explain in what the potential conflict of interests" consists, - Maksimov commented on the third cause of failure. to whom on April 22 the current year the same Volgograd KKS refused the recommendation to a position of the world judge of a site No. 14 became p> to
Second "lucky" of . "We have today a day of the Volgograd region!" - members of board when to them on a table the third complaint in a day from this region laid down already joked.
Vetlugin, as well as the previous applicant faced charges of violation of Art. 9 of Kodens of judicial ethics. In three years of the judicial career it considered a set of administrative affairs with participation of department of traffic police "Kamyshin" where his former wife works as the technical specialist - enters information on penalties in a database. The judge explained that since August, 2013 and still his ex-spouse was at first on the sick-list, and after - in a child care leave. Vetlugin was appointed the world judge in July of the 2013th, and before leaving of the former wife in the decree of any "administrativka" with participation of its organization employer did not consider. In addition Maksimov reported that his nomination when carrying out competition was supported by the chairman the Kamyshin city court Alexander Peregudov ." Therefore refusal for me was unpleasant surprise", - he commented.
Ekaterina Yakovleva KKS of the Leningrad region in March of this year refused the recommendation to a position of the judge Gatchina city court of the Leningrad region . Yakovleva said to members of VKKS that always dreamed to work as the judge, as her father. In 18 years it came to judicial system, worked in the office of arbitration court, courts of law, world judges. On "well" passed a qualification examination. KKS decided that in the questionnaire the judge specified incomplete data about available for it in property the land plot. Meanwhile, all necessary information there contained and requirements about need to add it to the pretender from KKS did not arrive. Claims caused also results of the psychological testing passed by Yakovleva on professional suitability. In them it was said that that can experience difficulties with adaptation to new work, and KKS for some reason considered that she will not be able to fulfill a duty of the judge.
still Had without recommendation
three More applicants could not challenge refusal in the recommendation. Among them Alexander Chekulayev who as he admitted to VKKS, hears "no" from a kvalifkollegiya already for the eighth time. On March 1 the current year KKS of the Samara region recommended for a position of the world judge of a judicial site No. 134 of the Koshkinsky judicial area Ilkhan Mamedov , and to Chekulayev refused. Thus, the unlucky candidate did not speak about violation of an order of consideration of its candidate, taking great pain to convince the Highest kvalifkollegiya that KKS simply chose not that. For example, he asked to attach to case papers record of a court session on which Mamedov allegedly violates the Code of judicial ethics, pictures of the son of the judge who poses on a fatherly workplace in its cloak and the photo of the littered judicial site, behind a pordyadok on which judge, according to him, does not watch. VKKS refused satisfaction of all petitions, having explained that they have no relation to business.
Valery Suleymanyan who did not receive the repeated recommendation on a post of the world judge of a site No. 17 (city of Kamyshin) of the Volgograd region, claimed in the complaint that the chairman of KKS at meeting focused attention on numerous administrative violations of his relatives about which the judge at the time of filing of application did not know that "artificially to create his negative image". The Kvalifkollegiya in the decision indicated not it, and poor quality of work and that its nomination was not supported by chairmen of the Kamyshin city court and the Volgograd regional court.
For a position of the chairman Vilyuchinsky city court of Kamchatka territory applied Alexander Ishchenko , the chairman Ust-Kamchatsky regional court and Sergey Lunyakin , the chairman in resignation Elizovsky district court . Both applicants were as equals: similar indicators of work, the same qualification class - the fifth, good recommendations, here only the judicial experience at Lunyakin was 10 years more - 22 years and president's too - he headed Elizovsky court of 13 years, and Ishchenko for the first time was given assignment to a senior position in 2015. Nevertheless, the kvalifkollegiya gave preference to it, having refused to Lunyakin. That complained in VKKS, having counted such choice unreasonable and unfair. The applicant considered that it occurred because of the prejudiced attitude towards him as in 2013 at Presidium meeting kraysuda indicators of work of Elizovsky court on consideration of civil cases were recognized as the unsatisfactory. The next year the situation was corrected, but the negative impression remained. But VKKS these arguments did not convince.