Аннотация: Amendments to the Constitution. The judiciary. An essay.
Amendments to the Constitution. The judiciary. An essay.
About an hour ago, Mr. Klishas' laudatory remarks about amendments to the Constitution were submitted on the radio, - about amendments in which the issues of the resignations and appointments of high-level judges are now transferred to the Federation Council of the Federal Assembly.
If Mr. Klishas considers such a comment legitimate, then we join Mr. Klishas ...
We will not discuss the procedure for the formation of the Federation Council, its ever greater distance from the principles of universal equal direct suffrage by secret ballot. Although in this connection the question arises of whether this body expresses the will of the people, of the population - in general, whose will does this body express?
However, Mr. Zhirinovsky not so long ago reminded the Federation Council of the frailty of everything earthly - he expressed doubt: maybe one chamber, the State Duma, is enough? Everyone should feel the precariousness of their position and a dependence ...
Another thing is interesting - Mr. Klishas was pleased to discuss the upcoming publicity (accessibility to the public) of the consideration of the appointment and dismissal of judges.
I don't know what kind of education Mr. Klishas has ... Apparently, he has experience of legal education, if he is someone in the Federation Council and pushes amendments ...
From training courses, Mr. Klishas could have learned that one of the basic principles for finding judges in office is irremovability.
One of the main principles of their activity is not accountability.
An irremovability and a not accountability - in theory - create the basis for judicial independence.
In this regard, the question: what to discuss at the Federation Council?
Disassemble specific legal cases? This violates the principle of a not accountability.
Disassemble the personal file of a judge? - A very dubious line of conduct. The usual pattern of our time is as follows. Minor and dubious details are snatched out. The plot is organized on Central Television. The plot shifts public attention from significant points to secondary details. Then the persecution begins. Under these conditions, no normal consideration of any personal file is possible.
You can add to this. Is there at least one example where, in the event of a proven violation by a judge of the law, the current bodies (the judicial community is now busy with this case) did not remove the judge from office? Such information is somehow not visible and not heard ...
This constitutional amendment is contrary to the principles of judicial reform and is harmful.
It remains to hope that the relevant decisions of the Federation Council will be subject to judicial review, and, if necessary, will be declared null and void in court.
To wish Mr. Klishas to deal with the development of the jury trial system? I don't even know if that kind of wish makes sense...
June 27, 2020 19:44
Translation from Russian into English: June 27, 2020 20:16.
Владимир Владимирович Залесский 'Поправки в Конституцию и судебная власть. Очерк'.