The main reasons that can serve as grounds for disqualification of a judge under the civil code, are the relationships with any of the parties to the proceedings, undue delay in the proceedings, documents or evidence, etc. In connection with these circumstances, you can Express the mistrust to the judge. The withdrawal shall be in writing, sample of writing you are required to submit to any judicial authority. In the preparation of the withdrawal is clearly motivated by his distrust of the judge. In case your withdrawal will not be accepted, write a complaint to the Chairman of judges. In case of failure of the proceedings at the place, contact the district court to appeal. You can go to the website of the district court and send a complaint via the provided contacts. Carefully consider all the arguments "for" and "against", which you will specify in his complaint. It would be better if you will help in its drafting by a qualified attorney. If violations of judges severe and the above measures are not sufficient, you can complain to their superiors - to the qualification Board of judges. The highest mission of this organization is located in Moscow and has a website through which you can send a complaint. There are also qualifying Board of judges of the various constituent entities of the Russian Federation. In the case if the judge made an unlawful decision, misapplied or violated the norms of procedural law, submit cassation to the court of cassation. At your disposal is six months from the date the court decision comes into effect. Is this complaint according to certain rules specified in Chapter 41 of the civil procedure code of the Russian Federation. Keep in mind that on the Internet there are specialized regional resources that discuss the actions of a judge. Public involvement in inappropriate behavior of a representative judiciary may be very useful. And although this is only indirect impact, sooner or later it can lead to more serious mechanisms for controlling the work of judges. If you have the opportunity to invite a competent journalist on trial, can exercise the right. As a rule, in the presence of the media judges are hearing more accurately what you need. If in that case you will have any problems, you have on hand will be fresh from a news article about the behavior of judges, which can be send to the Chairman of the district court as evidence of your innocence. Don't be afraid to assert their right to proper, fair and honest attitude to the case and its participants. Judges should guard the interests of society, attentive and tolerant to people.
Advice 2: Where to complain of a magistrate
If the world the judge in your case admits serious violations, you have every right to replace him. When submitting a complaint to a magistrate, you should be guided by article 16 of the Civil procedure code of the Russian Federation.
At the beginning of any consideration of the case the magistrate is obliged to ask you whether you trust him or their interests. However, even if you say no, it will not be grounds for recusal. To file a complaint on the judge, you can only if you are sure that it provides enough discourteous actions towards you.
The withdrawal must be motivated, that's why the statement should be "iron" arguments. It should be borne in mind that the new worker the courts may be even worse than before. First you demonstrate the disqualification to the judge, he must decide whether there are grounds for it or not.
If your justice of the peace refuses to give yourself a challenge, you can apply to the qualifying Collegium of judges in your area. However, the appeal in this instance is possible only in case if violations made by your judge, are quite serious in nature. In the absence of any response you have the right to file a complaint with the High qualification Board of judges, which is located in the capital.
It so happens that the magistrate is a professional, but rude as the last vendor at the market. In this case, you can visit the Chairman of the district court, the competence of which the activities of the magistrate. At your request erring employee of the court receives an official warning that his activities may be subject to scrutiny.
There is another option – to complain about the judge to the press. Enough to invite a journalist to a hearing on your case if he will indeed find that the conduct of the magistrate is not consistent with the existing regulations, he will write the corresponding report. After the article the judge's actions can be reviewed by regulatory authorities.