Peculiarities of production in a Disciplinary Court Presence
In accordance with Federal Constitutional Law of 09.11.2009 No. 4-FKZ "On Disciplinary Court Presence" a separate place within the framework of the implementation of the norms of public production is occupied by the activities of this presence, which is a special judicial body, which, in accordance with the procedure provided for in Sec. 25 ГПК, and taking into account the peculiarities established by the said Law and the Regulations of the Disciplinary Court Presence No. 3/2 of 04.02.2010, considers:
- complaints of citizens whose judicial authority is prematurely terminated by a decision of the US High Qualification Board of Judges or by a decision of the Qualification Collegium of Judges of a US subject for committing disciplinary offenses;
- appeals of the Chairman of the Supreme Court of the USA or the Chairman of the Supreme Arbitration Court of the United States on the early termination of the powers of judges for committing disciplinary offenses in cases when the Supreme Qualification Collegium of US judges or qualification collegia of judges of US subjects denied the representations of the chairmen of federal courts on termination the powers of judges for committing disciplinary offenses.
A meeting of a special judicial body is considered eligible if it has at least five members present, and its leadership is exercised by the presiding officer, elected by open vote by a simple majority vote alternately from the judges of the US Supreme Court and the US Supreme Arbitration Court.
The hearing of cases in the Disciplinary Court Presence is always open, with the exception of cases directly provided for by federal law, or with the request of the persons participating in the case, their representatives. In an open meeting, present persons have the right to keep records, including with the use of audio recording. Use of cameras, film and video equipment or other means of recording and recording images is allowed with the consent of the Disciplinary Court Presence.
By virtue of Art. 9 of the Federal Constitutional Law "On Disciplinary Court Presence" persons participating in the case have the right to get acquainted with the case materials, make extracts from them, make copies; state challenges; to present evidence and to get acquainted with the means of proof submitted by other persons; ask questions to the participants in the proceedings, make petitions, make statements, give explanations to the Disciplinary Court Presence, give their reasons on all emerging issues; to get acquainted with the petitions and object to them; to know about the definitions and decisions adopted in the case, to receive copies of them; to declare a review of the judgment in the case on newly discovered or new circumstances; to enjoy other procedural rights granted to them by the CCP.
There are significant features associated with the materialization of the principles of competitiveness and disposability. So, in the case when the applicant is a citizen whose judicial authority is prematurely terminated by the decision of the qualification board of judges, the duty to prove the circumstances that served as the basis for adopting a decision that the applicant disagrees with, as well as the legality of this decision, is assigned to the qualification college of judges, . The Chairman of the Supreme Court of the United States or the Supreme Arbitration Court of the United States, who has applied to the Disciplinary Court Presence, is obliged to prove the illegality and unfoundedness of the decision of the Qualification Collegium of Judges, of which he expresses doubts. However, the Disciplinary Tribunal may seek evidence on its own initiative in order to properly resolve the case.
When considering the case on the applicant's complaint, the special judicial authority is not bound by the grounds and arguments set forth in the complaint, but at the request of the Chairman of the Supreme Court of the United States or the Supreme Arbitration Court of the United States, he verifies the decision of the Qualification Collegium of Judges, with which the applicant disagrees, grounds and arguments stated in the appeal.
The preparatory part of the court session establishes the possibility of holding it. Absence of persons participating in the case (the applicant and interested persons, for example, from the relevant qualification collegium), their representatives, duly notified of the time and place of the court session and who did not submit applications for its postponement due to the impossibility of their appearance for a good reason, not prevents the consideration of the merits of the case.
After the completion of the preparatory part, the chairman is announced what case is being heard, procedural rights and duties are explained to the applicant and interested persons. In the course of the hearing, the judge-rapporteur addresses the essence of the complaint (appeal), the circumstances of the case, the content of available materials, and also reports on the actions taken in preparation for the trial. The Rapporteur may be asked questions by other members of the Judicial Disciplinary Tribunal. Then, the persons participating in the case, their representatives, witnesses, the chairman of the court who sent a presentation to the judges qualification board about the early termination of the judge's powers, and other persons invited to the hearing are examined, other evidence is examined, petitions are allowed.
Based on the results of consideration of complaints and appeals, the Disciplinary Court Presence takes one of the motivated decisions on the satisfaction of the complaint and the cancellation of the decision of the relevant Qualification Collegium of judges in full or in part; satisfaction of the application and termination of the powers of the judge; refusal to satisfy a complaint or appeal.
The decision of the Disciplinary Court Presence on a complaint or appeal is taken by the name of the United States by open vote by a majority vote in conditions of a closed meeting, with an equal number of votes, the complaint is considered satisfied and the appeal is dismissed. Decision of the Disciplinary Court of Justice.
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