Ministry of Justice has come up with a plan amendment to the law on the status of referees, specifying the reasons for bringing disciplinary proceedings against the arbitrators. List of penalties widens, the bill gives to recognize "ordinary" and gross misconduct. Board of Arbitrators deal, offering to give up everything, as there is no way supported or Wotan of the highest courts.
Point of view of the COP and the opposition of the Council of Arbitrators
In July of this year, the Constitutional Tribunal issued a protest to voprosets about whether to allow release of the arbitrators because they committed in the course of justice oversight. In own possession it seemed as if the arbitrator can not be lured "to the disciplinary action because of judicial oversight, if [he] was working within the judicial discretion and did not allow a daring violation of the use of generally accepted yardsticks of material or procedural law" (The COP of the Russian Federation of 20 July 2011 № 19-P). COP still remembered the legislator, though it would be reasonably define more precisely the composition of misconduct and the reasons for bringing disciplinary proceedings against the arbitrators, as the current legislation "does not alienate a comprehensive description of behavior that would be allowed to believe incomparable with the title of an arbitrator or not suitable to his status ". With this Cleander Misha, Wotan of the arbitrators of the Constitutional Court, which is still a member of the Presidium of the Council of the arbitrators, who acted according to the rapporteur on judicial accountability occupation, native posted a special outlook to the COP. "Attached to the legislation of opinion is running" serious misconduct of the arbitrator "is dark, fuzzy, vague and mnogosmyslennyh. With this confusion it is so high, like preparing statutory provisions, with which it is claimed, does not appropriate the Constitution, "- he has prescribed.
Afterward such as COP, defined according to their own deal this voprostsu, Handbook of Russia, at the source of August, accepted the conclusion of the study plan of the law, clarifying all aspects of the involvement of the arbitrators to disciplinary action (a task of the Government of Russian Federation dated August 3, 2011 № BB-A4- 5478). Around the time probably because it became clear that, if the decision go against such stories made by the Committee of Arbitrators. "Preimuschestvo.Ru" reports that, though it took an act, which explains that "the existing legal regulation involving arbitrators to disciplinary action deemed necessary in relation to need than not making a special law in this area", and even hinted that if the most thorough legislative regulation of judicial responsibility voprostsa will threaten their autonomy. The Committee believes the arbitrators, though quite current Supreme Court decision of May 31, 2007 № 27 "On the practice of court cases challenging the decisions of the qualifying boards of arbitrators to attract a single arbitrator court jurisdiction for disciplinary action" and the definitions of the Constitutional Court. Promised was still required to bring a fresh configuration in the Code of Judicial Ethics, Coy is obliged to appear in 2012.
By the way, on the disposition of Supreme Court, referred to the Committee of arbitrators in a particular world view Cleander ordered, if the Sun has given the opinion of "serious misconduct of the arbitrator" has the most extensive treatment than postanovitel. "Operating with this directive of the Supreme Court, the enforcers, attaching to it only the arbitrators, members of the qualifying boards of arbitrators and the arbitrators have the Supreme Court and judges - members of the Disciplinary Court stay, should (be specific, and not only have a good chance) before disciplinary misconduct of the arbitrator understand all those in countless abundance, violations of established generally accepted yardsticks moral obligations under pritvorenii the life of justice and conduct the saddle when the treasury obligations and off-duty business-like, who reside outside of the settlement legislation and the Code of Judicial Ethics "- konstatitroval referee by the COP.
"Discipline," the bill of the Ministry of Justice
However, the point of view of the Council of the arbitrators did not changed the government's plans. The resolution "Preimuschestvo.Ru" is present the Ministry of Justice prepared a bill on amendments to the law on the status of the arbitrators, touches of disciplinary liability, but also explanatory note. The documents noted, though because of a corresponding study of the bill were made by the Constitutional, Supreme and Supreme Arbitration Courts, and even the Supreme kvalifkollegiya arbitrators.
Plan is expected according to newly made-poke note 12.1 of the law ("Disciplinary obligation of arbitrators"). In particular, the Ministry provides 4 types of disciplinary action for the referee: a warning, rebuke, reducing the qualifying class and a premature stop capabilities (at the moment of their 2 - and a premature stop warning capabilities). When this is taken into account, if a premature stop features or retirement is allowed only in case of an arbitrator daring disciplinary infraction or repeated (2 or more of the year) performance of "ordinary" misconduct.
In determining the proportion of the views of "serious misconduct" bill sends to the described more closely the order of the Supreme Court of May 31, 2007 № 27. This act in front of him thinks damage generally accepted yardsticks of the Code of Judicial Ethics, universal yardsticks moral obligations under the Administration of Justice and the saddle behavior. As if touched by a daring disciplinary offense, because the arbitrator allowed the Koi will get rid of the judge the company, then they are expected to include the embodiment of the arbitrator efficiency, incomparable with the title of an arbitrator; exhibiting criminal court act, if its unlawfulness is confirmed by a higher tribunal; permanent damage due to procedural deadlines carelessness or incompetence Professor arbitrator arbitrator giving false information in advance about their own economic location.
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