Code of Judicial Ethics: Russian Federation-2016

Approved

Decree

VIII All-Russian Congress

judges December 19, 2012 No. 2

(as amended by the resolution

IX All-Russian Congress of Judges

December 8, 2016 No. 2)

 CODE OF JUDICIAL ETHICS

Judicial protection of human rights and freedoms can only be ensured by competent and independent justice, carried out on the basis of fairness and impartiality. Such justice presupposes the observance by each judge of the rules of professional ethics, the honest and conscientious performance of his duties, the exercise of due care for the preservation of both his personal honor and dignity, and the dignity and authority of the judiciary.

State guarantees of independence, inviolability, irremovability of judges, inadmissibility of interference in their activities, a high level of material and social security are not a personal privilege of judges, but a means of ensuring the goals of justice – issuing lawful, justified and fair court decisions.

Judges of the Russian Federation, based on the provisions of the Constitution of the Russian Federation, the legislation on the judicial system and the status of judges of the Russian Federation, the generally recognized principles and norms of international law, developing and concretizing them in order to ensure the right of everyone to a fair and timely consideration of the case by a competent, independent and impartial court, as well as establishing standards of judges’ behavior as the basis of public confidence in the judiciary and the quality of justice, realizing their responsibility to society for the proper administration of justice, adopt the Code of Judicial Ethics.

CHAPTER 1. GENERAL PROVISIONS

Article 1. Subject of regulation

1. The Code of Judicial Ethics, being an act of the judicial community, establishes rules of conduct binding on each judge in the exercise of professional activities in the administration of justice and in extrajudicial activities, based on high moral and ethical requirements, the provisions of the legislation of the Russian Federation, international standards in the field of justice and behavior judges.

2. The need to comply with the Code of Judicial Ethics is determined by the status of a judge, the very fact of vesting a particular person with judicial powers to make a final decision on issues affecting the rights, freedoms and obligations of persons applying for judicial protection.

3. Judges of the Russian Federation have all the rights provided for by the Constitution of the Russian Federation, federal laws, generally recognized principles and norms of international law, subject to the restrictions established for them by the legislation of the Russian Federation.

4. The provisions of the Code of Judicial Ethics, which establish increased moral and ethical requirements for a judge due to his status, should not be interpreted as limiting his general civil rights and freedoms guaranteed by the Constitution of the Russian Federation. 

Article 2. Scope of application

1. The Code of Judicial Ethics applies to all judges of the Russian Federation, including retired judges.

2. The rules of professional conduct established by the Code of Judicial Ethics also apply to persons involved in the administration of justice in accordance with federal law during the period they perform the function of administering justice.

3. In cases where any issues of judicial ethics are not regulated by the Code of Judicial Ethics, the judge must follow the generally accepted principles of moral and ethical behavior in society, as well as international standards in the field of justice and the behavior of judges.

4. Chairpersons of courts, judges must acquaint assistant judges, secretaries of the court session, and other employees of the court staff with the content of the Code of Judicial Ethics.

5. If a judge has difficulty in determining whether his behavior in a particular situation of administration of justice or in extrajudicial activities will be consistent with the requirements of professional ethics and the status of a judge, or if the judge is not sure how to act in a difficult ethical situation in order to maintain independence and impartiality , he has the right to apply with a corresponding request to the Ethics Commission of the Council of Judges of the Russian Federation for an explanation, which cannot be denied to him.

Article 3. Concepts used in the Code of Judicial Ethics

 The following concepts are used in the Code of Judicial Ethics:

close relatives – spouse, parents, children, adoptive parents, adopted children, siblings, as well as grandfathers, grandmothers, grandchildren;

husband (wife) of a judge – a person who is in a registered marriage;

members of the judge’s family – spouse, parents, children, any other close relative living together with the judge;

persons involved in the administration of justice in accordance with the procedure established by law – jurors, arbitration assessors;

final judicial act – a judicial act, which ends the consideration of the case on the merits in the court of the relevant judicial instance.

CHAPTER  2. GENERAL REQUIREMENTS FOR THE
CONDUCT OF A REFEREE

Article 4. Requirements for compliance with the law and the Code of Judicial Ethics

 1. A judge in the performance of his duties in the administration of justice must proceed from the fact that the judicial protection of the rights and freedoms of man and citizen determines the meaning and content of the activities of the judiciary.

2. In his professional activity and outside of his service, a judge must comply with the Constitution of the Russian Federation, federal constitutional laws, federal laws, be guided by the Law of the Russian Federation “On the Status of Judges in the Russian Federation”, the norms of procedural legislation, other regulatory legal acts, as well as principles and rules behavior, established by the Code of Judicial Ethics, generally accepted norms of morality and ethics, strictly follow the oath of a judge.

        3. Compliance with the Code of Judicial Ethics should be the inner conviction of the judge, the rule of his life, should contribute to strengthening public confidence in the judicial system, his confidence that justice is administered competently, independently, impartially and fairly.

Article 5. Requirements to ensure priority in professional activities

1. A judge must proceed from the fact that the administration of justice is a priority for him in relation to any other activity that he has the right to carry out in accordance with the legislation on the status of judges.

2. A judge shall not have the right to evade consideration of applications, petitions and complaints received by him or otherwise refuse to perform his professional duties, except in cases requiring a statement of self-withdrawal.

3. During the entire term of office, a judge must not carry out any activity that could call into question his independence and impartiality and lead to a conflict of interest.

4. A judge, in addition to exercising judicial powers, may be engaged in other paid activities permitted by law, including teaching, scientific, creative activities, if this does not interfere with the administration of justice.

Article 6. Requirements for a judge aimed at ensuring his status

1. A judge must follow high standards of morality and morality, be honest, maintain personal dignity in any situation, cherish his honor, avoid everything that could diminish the authority of the judiciary and damage the judge’s reputation.

2. A judge must conscientiously exercise his civil rights and fulfill his civil duties. He should not use his official position to obtain personal advantages in civil law relations. He should avoid concluding agreements that entail the emergence of financial obligations with persons who are in his official dependence, as well as with persons who are participants in litigation in cases that are in his production.

        3. A judge must not use his status for the purpose of obtaining any benefits, services, commercial or other benefits for himself, his relatives, friends, acquaintances (for example, obtaining a loan, entering into contracts on other terms than is provided for other persons ); require or accept benefits, payments and benefits not provided for by the legislation of the Russian Federation (for example, loans, interest-free loans, services, payment for entertainment, recreation, transportation costs) and is obliged to take reasonable measures to ensure that these benefits, payments and benefits cannot be accepted members of his family, if this is caused by actions that the judge has committed or intends to commit, or by the judge’s inaction in connection with the performance of his official duties.

A judge should not use his status when applying to various state bodies and local governments on personal matters; receive remuneration related to the performance of duties for the administration of justice from sources other than the federal budget, and in cases provided for by law, from the budget of the corresponding subject of the Russian Federation.

4. A judge must be aware of his personal property and the sources of its formation, must take reasonable measures in order to obtain information about the property and material interests of his family members.

          5. A judge must not take any actions or give other persons reason to take such actions that would make it possible to draw a conclusion about influencing the exercise of his powers by a judge and doubt the independence and impartiality of a judge.

Article 7. Requirements regarding the acceptance of titles, awards, gifts

 A judge may accept honorary and special titles, awards and other distinctions, including foreign states, political parties, public associations and other organizations, as well as receive gifts in cases and in the manner prescribed by law.

CHAPTER 3. PRINCIPLES AND RULES OF PROFESSIONAL CONDUCT OF A JUDGE

Article 8. The principle of independence

1. The independence of the judiciary is a constitutional principle of ensuring the rule of law in the administration of justice, a condition for impartiality and the main guarantee of a fair trial. Maintaining the independence of the judiciary, following the principle of independence, is the duty of the judge.

2. When considering a case, a judge must adhere to an independent and impartial position in relation to all participants in the process. The judge must exercise judicial powers based solely on an assessment of the factual and legal circumstances of the case, in accordance with internal conviction, respecting the procedural rights of all persons involved in the case, regardless of any extraneous influence, pressure, threats or other direct or indirect interference in the process consideration of the case, no matter from which side it turns out and no matter what motives and goals it was caused.

3. A judge must carry out his professional activities in strict accordance with the law, relying on inner conviction and not being influenced by anyone. Public discussion of the activities of a judge, critical statements addressed to him should not affect the legality and validity of his decision.

Any attempts to influence a judge, direct or indirect pressure on him in order to influence the decision made by the judge should be reported to the chairman of the court, the judiciary, as well as law enforcement agencies.

4. The judge should inform the persons participating in the case about any oral or written appeals of a non-procedural nature received by him in connection with the consideration of a particular case, as well as about the existence of circumstances that could put him in a situation of conflict of interest.

Article 9. Principle of objectivity and impartiality

1. The objectivity and impartiality of a judge are essential conditions for the proper administration of justice. A judge, in the exercise of his powers and outside of official relations, must contribute to maintaining the confidence of society and participants in the process in the objectivity and impartiality of a judge and judicial authorities.

2. In the performance of his professional duties for the objective consideration of the case, the judge must be free from any preferences, prejudices or prejudices and must strive to exclude any doubts about his impartiality.

Article 10. The principle of equality

1. Ensuring equal treatment of all persons participating in the case is a condition for the objective and impartial administration of justice, a fair trial.

2. In the performance of his duties, a judge must be guided by the principle of equality, maintain a balance between the parties, providing each of them with equal opportunities, showing objectivity and impartiality, treat all participants in legal proceedings with equal attention, regardless of their gender, race, nationality, language, origin , property and official status, place of residence, attitude to religion, beliefs, membership in public associations, as well as other circumstances.

3. The judge has the right to demand from the persons participating in the case and other participants in the process to refrain from showing partiality or prejudice against any person, except for those cases that are related to the establishment of factual circumstances, are of legal importance for the subject of the trial and may be lawful. justified in a way.

4. A judge must show correctness in communicating with citizens, respect the moral customs and traditions of peoples, take into account the cultural and other characteristics of various ethnic and social groups and faiths, promote interethnic and interfaith harmony, avoid conflict situations that could damage his reputation or the authority of the judiciary.

5. A judge, in the performance of his duties, must not demonstrate his religious affiliation.

6. A judge must perform his professional duties without any preference and without real or apparent bias, discrimination, providing the necessary conditions for the parties to fulfill their procedural duties and exercise the rights granted to them, ensuring a fair trial of the case within a reasonable time.

Article 11. Competence and good faith of a judge

1. Competence and good faith are necessary conditions for the proper performance by a judge of his duties in the administration of justice.

2. The judge must conscientiously, at a high professional level, perform his duties, take all measures for the timely and qualified consideration of the case, as well as contribute to the reconciliation of the parties, the peaceful settlement of the dispute.

3. The judge must take measures aimed at ensuring the right of everyone to a fair trial within a reasonable time; properly organize and conduct court sessions, preventing the appointment of consideration of several cases at the same time, repeated and unreasonable adjournments of court proceedings, including due to their inadequate preparation.

4. A judge must maintain his qualifications at a high level, expand professional knowledge, improve practical experience and personal qualities necessary for the proper performance of his duties. For these purposes, the judge must use both the opportunities for self-study and systematically undergo retraining in the state system of advanced training.

5. The judge must be aware of changes in the legislation of the Russian Federation, the norms of international law, including international conventions and other documents in the field of human rights, systematically study law enforcement practice, including the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, European Court of Human Rights.

6. A judge is not entitled to disclose information obtained in the performance of his duties. Confidential information that has become known to a judge by virtue of his official position cannot be used by him or disclosed to anyone for purposes not related to the performance of the duties of a judge.

7. The judge must observe a high culture of behavior in the process, maintain order in the court session, behave with dignity, patiently, politely towards the participants in the process and other persons present in the court session.

The judge must demand the same behavior from the participants in the process and all persons present at the court session, as well as from employees of the court apparatus.

Article 12. Rules of conduct in the exercise of organizational and administrative powers

1. The professional activity of a judge includes not only the performance of duties for the trial of a case and the adoption of a decision, but also the performance of other tasks and powers, including those of an organizational and administrative nature, related to the activities of the court. At the same time, the implementation of judicial functions has a priority in relation to other activities.

2. A judge who has organizational and administrative powers in relation to other judges (chairman of the court, deputy chairman of the court) in his professional activities must not only fulfill the duties of administering justice, but also conscientiously fulfill the administrative powers assigned to him, maintain a high level of professional qualifications in in the field of judicial administration and contribute to improving the efficiency of the performance of official duties by other judges and employees of the court apparatus.

3. The chairman of the court (deputy chairman of the court), when exercising organizational and administrative powers, may not allow actions (inaction) that limit the independence of judges, put pressure on them, or use other methods of administrative influence aimed at influencing the activities of judges in the administration of justice.

4. Since the administration of justice is impossible without a clear organization of the work of the court apparatus, improper organization of the work of the court and its apparatus undermines confidence in the court and diminishes the authority of the judiciary.

The chairman of the court (deputy chairman of the court) is obliged to take all necessary measures to ensure the timely and effective performance of their duties by judges, including organizational, financial, material, social and domestic measures. 

5. The chairman of the court must ensure an even distribution of the workload among judges and employees of the court apparatus.

6. The chairman of the court must conscientiously use his right to resolve personnel issues, avoiding unreasonable appointments, patronage, nepotism. When exercising organizational and administrative powers, the chairman of the court must be correct, restrained in relation to judges and other persons under his subordination, be tolerant of criticism of his actions, and not allow direct or indirect prosecution for a critical attitude towards himself.    

Both unlawful patronage in the service (undeserved promotion, extraordinary unjustified promotion, commission of other actions not caused by official necessity) and connivance in the service (failure to take action for omissions or violations committed in official activities, failure to respond to illegal actions) are unacceptable.

7. The judge has the right to demand from the assistant judge, the secretary of the court session and other employees of the court apparatus to comply with the general principles of official conduct of state civil servants, determined by the official regulations, maintain a high professional level, comply with the proper ethics of behavior, prohibitions, restrictions, fulfill the duties provided for by the legislation on State civil service of the Russian Federation.

8. A judge must not instruct or order employees of the court apparatus to perform such actions that would be considered a violation of the Code of Judicial Ethics if they were taken directly by the judge himself.

Article 13. Interaction with mass media

1. The effectiveness of judicial activity depends on the public’s trust in it, on the proper understanding by the public of the legal motives for the decisions taken by the court.

In order to objectively, reliably and promptly inform the public about the activities of the court, the judge must interact with representatives of the media. 

2. A judge should promote professional coverage in the media of the work of the court and judges, as this not only helps to form the legal awareness of citizens and strengthen confidence in the court, increase the authority of justice, but also contributes to the performance by the media of their important public function of informing citizens about all socially significant events.

3. When covering judicial activities in the media, a judge must exercise caution and not make comments on the merits of cases in which no final judicial acts have been adopted. However, this does not exclude the judge’s right to provide information about the procedural stages of the case. On the considered case, the judge has the right to explain the adopted judicial act orally or in writing.

4. A referee must exercise restraint and correctness when commenting on the decisions of his colleagues. The judge has the right to give explanations or comments on the decision made by him, to express an opinion on the established practice of applying the norms of substantive and/or procedural law.

Among the judicial community, a judge may express disagreement with the behavior of colleagues in order to eliminate shortcomings in the field of legal proceedings, prevent and eliminate violations of the constitutional and international legal principles of publicity (glasnost) of legal proceedings.

5. If the activities of a judge are covered in the media in such a way that a distorted view of the work of courts and judges is formed, then the decision on the form of response to such media appearances should be made by each judge independently, on the basis of the legal means that he has as citizen. A personal appeal of a judge to law enforcement agencies in order to protect honor and dignity or to the media for a public response to criticism is advisable when other methods of response have been exhausted or it is not possible to resort to them.

6. A judge, when responding to public criticism, must exercise restraint and prudence. In cases where, as a result of unjustified criticism of the actions of a judge in the media, the authority and impartiality of justice may suffer, it is preferable to respond to criticism in the form of publication in the media of a commentary by the press service of the court and / or body of the Judicial Department, as well as the body of the judiciary communities.

CHAPTER 4. PRINCIPLES AND RULES OF CONDUCT OF A REFEREE

IN EXTRA-JUDICIAL ACTIVITIES

Article 14. Principles for the implementation of extrajudicial activities

1. In extrajudicial activities and in non-official relations, a judge must avoid everything that could diminish the authority of the judiciary, raise doubts about its impartiality and fairness.

2. A judge may engage in various types of extrajudicial activities, including scientific, educational, creative, social, charitable and other activities, and participate in various public events, if this does not contradict the legislation on the status of judges in the Russian Federation and does not prejudice the interests of justice.

3. A judge should not engage in those types of extrajudicial activities and participate in those public events that create obstacles for a judge to perform his professional duties, have a negative impact on the independence and impartiality of a judge, lead to frequent applications for challenge or self-recusal of a judge, or go beyond restrictions established by the legislation on the status of judges in the Russian Federation.

Article 15. Participation in activities related to the development of law and legislation

 1. A judge has the right to participate in events aimed at developing law and improving legislation, the judicial system and justice.

2. A judge may make public reports and lectures, participate in public hearings, scientific forums and conferences, write articles and books, carry out scientific and teaching activities, including on a paid basis, as well as engage in other activities related to the field of law , legislation, justice, if it does not contradict the legislation on the status of judges.

3. A judge has the right to freely express his opinion and take part in public discussions, including on issues of the effectiveness of judicial activity, and to explain the legal motives of court decisions taken by him or his colleagues. At the same time, in his statements (comments), the judge must exercise restraint and discretion, be impartial in relation to the persons participating in the case, and remain loyal to the judiciary.

Article 16. Restrictions related to the implementation of legal practice

 1. A judge is not entitled to engage in advocacy and other legal practice, to provide legal services during his tenure as a judge. At the same time, the judge has the right to represent himself, as well as in the case of legal representation and other persons in the judicial authorities, to give advice and provide other legal assistance to members of his family.

2. The restrictions established by paragraph 1 of this article shall apply to retired judges, unless otherwise provided by federal law.

Article 17. Participation in public activities

 1. A judge may participate in public activities, if it does not harm the authority of the court and the proper performance by the judge of his professional duties.

2. A judge has the right to be a member of non-profit public, including professional, charitable, educational and other similar organizations, subject to the restrictions provided for in paragraphs 3, 4 and 5 of this article.

3. A judge must not consult the organizations named in paragraph 2 of this article, provide them with legal assistance on issues that may become the subject of court proceedings.

4. In order to prevent a possible conflict of interest, a judge who is a member of a non-profit public organization should comply with the requirements on the inadmissibility of being an attorney or representative for individuals or legal entities.

5. A judge must not participate in fundraising for the benefit of a public organization, call on members of the organization to participate in fundraising if such calls can be regarded as coercion or are, in essence, an additional measure to increase fundraising, and should not use or allow others use their official authority for these purposes.

Article 18

 1. A judge has the right to interact with the legislative and executive authorities, local self-government on issues of law, legislation, the judicial system, judicial practice to the extent that this will be perceived as an expression of his own position based on personal experience and knowledge in that area, in which he specializes, while avoiding everything that may raise doubts about his independence, impartiality and influence him on the part of officials of these bodies.

2. A judge must refrain from public statements, judgments and assessments regarding the activities of state bodies and local self-government bodies, as well as the heads of these bodies.

3. A judge may take part in the activities of committees, commissions formed by state bodies and local self-government bodies, except in cases where their activities are not related to the improvement of legislation, the legal and judicial system and if participation in their activities will create obstacles in the performance of professional judicial duties or undermine public confidence in the authority of the judiciary, will raise doubts about the independence and impartiality of the judge.

4. A judge may represent the Russian Federation, a subject of the Russian Federation at ceremonial meetings or in connection with historical, educational and cultural events.

Article 19. Restrictions related to participation in entrepreneurial activity

  1. A judge is not entitled to engage in entrepreneurial activities personally or through proxies, including taking part in the management of an economic entity, regardless of its organizational and legal form.

2. A judge may invest funds and dispose of his property, including real estate, as well as derive income from other sources, for example, from renting out real estate, unless this activity involves the use of judicial status.

3. A judge should refrain from activities involving frequent transactions, long-term business relationships with persons who are parties or representatives in cases pending before the court where the judge is in office.

4. A judge may be an executor of a will or other trustee only in respect of the property or person of a member of the judge’s family. When exercising the powers of a trustee, a judge must act within the same restrictions that apply to his activities in that capacity on his own behalf.

Article 20. Remuneration received in connection with the implementation of extrajudicial activities

A judge has the right to receive remuneration and reimbursement of expenses for carrying out extrajudicial activities, when this does not contradict the legislation on the status of judges in the Russian Federation and if the source of these payments does not create the appearance of influence on the judge’s performance of his professional duties, and the amount of the judge’s remuneration is comparable to the amount of remuneration received for similar activities by other persons, and does not exceed reasonable limits, in particular, does not exceed the amount of monetary remuneration received by a judge for the implementation of his professional activities.

Article 21. Restrictions related to participation in political activities

1. A judge must not participate in political activities.

2. A judge must not be a member of, lead or hold any position in any political organization; speak in support of a political organization or a candidate for an elected position, as well as publicly support or oppose a candidate for an elected position; Participate in a fundraiser, pay a fee, or provide financial support to a political organization or candidate, or attend events sponsored by a political organization or candidate; publicly express their political views, participate in marches and demonstrations of a political nature, or in other political actions.

Article 22. Freedom of expression

1. Every judge has the right to freely express his opinion. This right includes freedom to hold opinions and to receive and impart information and ideas without any interference from public authorities and regardless of frontiers.

2. A judge must exercise his right to freedom of expression in a manner that is compatible with the restrictions imposed on him by his status. At the same time, he must exercise restraint in all cases where the authority of the court and the impartiality of justice can be called into question. A judge should refrain from making public statements or remarks that could harm the interests of justice, its independence and impartiality.

Article 23. Participation in professional organizations

 1. A judge shall have the freedom to establish associations of judges or other professional organizations and the right to join them in order to protect his interests and the interests of justice, improve the status of judges, professional training and preserve his judicial independence.

2. Professional organizations of judges, participation in which is voluntary, should contribute to the protection of the rights granted to judges in accordance with their status before the state authorities involved in making decisions regarding the judiciary and the status of judges.

3. The opinion of judges on the issues of changing their status, determining the conditions for their remuneration and social security must be heard at meetings of the bodies of the judiciary.

CHAPTER 5. FINAL PROVISIONS

Article 24. Entry into force of the Code of Judicial Ethics

 1. The Code of Judicial Ethics enters into force on the day of its approval by the VIII All-Russian Congress of Judges.

2. From the date of approval of this Code, the Code of Judicial Ethics, approved by the VI All-Russian Congress of Judges on December 2, 2004, becomes invalid.