Skip to main content

VKKS spoke about the punishment for falsification and concealment of income

VKKS spoke about the punishment for falsification and concealment of income

VKKS spoke about the punishment for falsification and concealment of income
The fourth bulletin of the Higher Qualification Collegium of Judges came out this year. It explains with examples what awaits the judge, who asked the deputy chairman to write her a civil dispute for consideration, and whether the judge will be punished for missing a criminal case. VKKS also told why applicants are denied recommendations for the post of judge.

Responsible for procedural errors

The judge of the Novooskolsky district court of the Belgorod region, Lyudmila Lebedinskaya, during the consideration of the civil case, divided the claims: partially satisfied the main lawsuit, refused to satisfy the counterclaim, left the remaining part of the claims without consideration. The higher court concluded that this Lebedinskaya flagrantly violated the rules of procedural law, and issued a specific ruling against her. In another case, Lebedinskaya incorrectly applied substantive law, which led to an additional burden on the federal budget. This error was noticed and corrected by the appellate court, which reversed the decision of Lebedinsky. The judge also repeatedly ignored the decisions of the Constitutional and Supreme Courts, casually dispensed justice. 
According to Lebedinskaya, in the exercise of judicial activity errors are possible that arise during the resolution of a particular case, but they are not committed intentionally and are not a disciplinary offense. Nevertheless, the CCC of the Belgorod Region came to the conclusion that in the professional activity of the judge, a series of various procedural errors that led to the abolition of the judicial acts adopted by her turned into a system. Consequently, the rights and legitimate interests of persons participating in legal proceedings were systematically infringed. Therefore, the board punished Lebedinsky warning.

Warned for red tape

Magistrate court plot number 75 Volgograd region Olga Svitko violated Article. 312 of the Code of Criminal Procedure, according to which, within five days from the date of the pronouncement of the verdict, its copies are handed over to the convicted or acquitted, his defense counsel and the prosecutor. The judge also allowed red tape in the direction of two cases on jurisdiction. Also, violations of the organization of clerical work were revealed at her court site. Svitko explained this by incomplete equipment and a frequent change of workers in the apparatus, but the KKS of the Volgograd Region did not like this explanation, so Svitko received a comment.

Violated the terms and received punishment 

Anna Tikhonova, the magistrate of the judicial section No. 28 of the Novgorod judicial district, violated the time limit for sending copies of decisions on administrative offenses from 10 days to several years. Information about sending a copy of the decision in the case of administrative offenses in the manner prescribed by Part 2 of Art. 29.11 of the Code of Administrative Offenses, absent in 2014 for 11 cases, in 2015 for eight cases, in 2016 for 10 cases, in 2018 for five cases. Violation of the established Part 2 of Art. On November 29, the three-day Code of Administrative Offenses was identified in 2013 in 14 cases, in 2014 in three cases, in 2015 in 58 cases, in 2016 in six cases, in 2017 in 40 cases, in 2018 in 59 affairs. In addition, at the time of the audit, there were no 54 cases of administrative offenses in the court (in 2013 - five cases, in 2014 - two cases, in 2015 - 47 cases). For this, the KKS of the Novgorod region imposed a disciplinary sanction on Tikhonov in the form of a warning.

Lost status due to falsification

On the day of the audit against the judge of the Babushkinskiy District Court of Moscow Yulia Skulina, there were administrative cases in her office. There were no decisions on the acceptance of the complaint to the proceedings, information on notifying the applicants about the consideration of the complaint and the results of their consideration. In addition, cases were not formed and assigned on a specific date, and requests to the administrative authorities for the collection of materials were not sent. 
The audit showed that Skulina flagrantly violates the law, does not show interest in the proper performance of professional duties, and does not exercise proper and timely control over the activities of the employees of her apparatus. In the judge’s office, materials of cases of administrative offenses were found, according to which an initial procedural decision was made, but no further actions were taken for a long time. At the same time, the results of the examination of materials are indicated in the statistical statistical cards, which indicates falsification. In total, violations were found in more than 100 cases of administrative offenses. In addition, Skulina’s cases of non-compliance with the terms of referral of cases under jurisdiction were revealed. KKS of Moscow came to the conclusion that there are exceptional circumstances,   

Accused of Lost Case

In production and. about. The chairman of the Vurnarsky district court of the Chuvash Republic, Elena Volkova, received a criminal case, which was subsequently lost. At the next hearing, a break was announced, and the next day the materials disappeared from the secretary's desk. As it was later established, the office cleaner took three volumes, took them out of court and burned them in a garbage container. Subsequently, the lost criminal case was restored and examined on the merits.   
The Chairman of the Supreme Court of the Chuvash Republic appealed to the CCU of the Chuvash Republic with a view to bringing Volkova to disciplinary liability, but the board decided: there is no evidence showing the judge’s guilt in the loss of the criminal case. Therefore, Volkova continued to work without disciplinary action.

Helped the plaintiff prepare documents

The judge of the Spassky district court of the Primorsky Territory, Yevgeny Paltusov, asked the deputy chairman of the court to write off for her a case for recovering money under loan agreements. As a result, during the period from 2015 to 2018, Paltusova examined six such civil cases with the same parties; she satisfied all the claims in full. As other judges later explained, Paltusova was on friendly terms with the plaintiff and even helped her prepare documents in court. 
During the trial, the respondent repeatedly challenged Paltusova, but not one of them was satisfied. The appeal later acknowledged that the case had been adjudicated by an unlawful panel of judges, and quashed the final act. At the same time, the new decision essentially corresponded to that adopted by Paltusova. The judge herself insisted: she resolved the dispute in full accordance with the law. 
The CCC of the Primorsky Territory did not find exceptional circumstances entailing an early termination of the powers of a judge, nor did it consider it necessary to apply a disciplinary sanction in the form of a remark. At the same time, Paltusova filed for resignation. The college decided to confine itself to a warning and satisfy this statement.

Received comment for concealing income

Judge of the Novosibirsk Regional Court Tatyana Zykova passed a certificate of income and property, which did not indicate the apartment, while in the last year’s certificate the apartment was. As it turned out, 1/4 of the apartment was owned by Zykova, 1/4 - owned by her husband, another 2/4 - owned by other family members. They sold the apartment, Zykova reflected her income from the sale in the certificate, but forgot about her husband’s income. As the judge explained, her husband has not been working for two years due to health reasons, therefore, out of habit, she put zeros in the “income” column. KKS of the Novosibirsk region regarded these actions as a disciplinary offense and punished Zykov with a remark.

Warned for a drink

The judge of the Zavodskoy District Court of the city of Orel, Alexander Shcherbakov , was absent from the workplace one day, and the next day came drunk. A few days later he was again seen at work while intoxicated. On this fact, an act was drawn up, Shcherbakov refused to undergo a medical examination.
The judge himself confirmed that he really missed the job without good reason. The day before he was found drunk, he drank alcohol, so residual effects were observed: smell, shaky gait, redness of the face. Shcherbakov pleaded guilty and asked to mitigate his punishment. As a result, the KKS of the Oryol region was limited to a warning.

Not allowed to pass certification

KKS of the Kurgan region considered the presentation and. about. Kurgan Regional Court on the qualification certification of judges Shchuchansky District Court Evgenia Makarova  and decided to leave her in the previously assigned qualification class. Makarova did not agree with this and filed a complaint with VKKS. 
The panel drew attention to the two particular rulings made to the judge, as well as to the low, compared with the average, level of quality of work in 2013-2014 and for the nine months of 2018. VKKS also recalled: in 2014 Makarova was brought to disciplinary action. According to the CCJ, Makarova’s indicators of the quality of court decisions in civil cases do not indicate the groundlessness and illegality of the decisions of the regional board, since they could not be the subject of its discussion and assessment. Therefore, VKKS upheld the decision, and Makarova’s complaint - not satisfied.

Failed due to inaccurate data

KKS of the Republic of Sakha (Yakutia) announced the opening of a vacancy for the post of judge of the Tomponsky district court . Three applicants made statements, including Vyacheslav Stepanov. He was refused a recommendation because he did not write in the questionnaire that he was the founder of the stanitsa Cossack society “Yana Cossack Team”. 
Disagreeing with this decision, Stepanov filed a complaint with VKKS. He explained: the organization ceased its activities in 2018, in 2012–2013 its accounts were closed. According to Stepanov, he had no intention of hiding this information. Nevertheless, the VKKS considered that the lower panel made the right conclusions, therefore, upheld the decision, and Stepanov’s complaint was dismissed.

Left without a recommendation

In 2015, Vadim Khuranov was appointed magistrate of court plot No. 2 of the May court district of the Kabardino-Balkarian Republic for a three-year term. In 2018, the regional KKS did not recommend extending its authority. Khuranov filed a complaint. At the VKKS meeting, he assured that he did not understand why he had not received the recommendation: “I have good indicators, there were no complaints about me.” Having studied all the arguments, the VKKS upheld the decision of the KKS of the Kabardino-Balkarian Republic.

Received a comment for rude behavior

The judge of the Salekhard city court, Olga Bogomyagkova,  when considering a civil case, did not listen to the lawyer's answer, on what basis he represents the interests of the defendant, cut it off, pointed out the need to study the procedural law, refused to accept the order. Bogomyagkova allowed a lawyer to participate in the case only after a repeated oral request. Knowing that he was making an audio recording, the judge began to insist on the statement of the relevant application and obtaining permission, and later removed the lawyer from the court. 
According to Bogomyagkova, everything was different: she hesitated, audio or video is being conducted, she asked the lawyer to inform the participants of the process about this. To this, the lawyer began to disturb the order and, having thrown the order on the judge’s table, was removed from the courtroom.
The KKS of the Yamal-Nenets Autonomous Okrug punished Bogomyagkova with a remark. The judge appealed the decision to the VKKS, there they studied the transcript of the process and came to the conclusion that the penalty was imposed correctly. The decision of the CCC remained unchanged.

Forgot about the statute of limitations

Judge of the Chegemsky district court Galina Pshukova was robbed of the mantle in the KKS of the Kabardino-Balkarian Republic on the proposal of the head of the republican armed forces . The judge was charged with violating the secrecy of the meeting, non-observance of the deadlines for appointing a meeting in criminal cases and consideration of a civil case on the recognition of a will as invalid for a year and a half. 
However, the Armed Forces Disciplinary Board recalled: the decision to impose a disciplinary sanction on a judge cannot be taken after six months from the date of disciplinary misconduct. In the opinion of the Supreme Court, there is no need to terminate the powers of a judge, since under paragraph 6 of Art. 121 of the Law on the Status of Judges, the deadlines for disciplining for violations have already expired. Thus, the head of the republic’s court received copies of several private rulings to Pshukova back in 2016, however, he turned to the KKS only in 2017. In other cases, the statute of limitations also passed. Therefore, the disciplinary board of the Armed Forces concluded that there was no need to terminate the powers of a judge, and returned the Pshukova mantle. The Board of Appeal of the Supreme Court agreed with her.

Comments

Popular posts from this blog

WHY ARE ADSENSE AD IMPRESSIONS NOT SHOWING UP?

WHY ARE ADSENSE AD IMPRESSIONS NOT SHOWING UP?This year, we've seen an increase in the number of AdSense forum discussions, questioning why AdSense ad impressions are not showing on certain sites or pages. Two main reasons have been identified: AdSet file problems with AdSense AND recent changes made by Google to prevent ads from appearing on non-indexed Google pages (Google AdSense Brand Safety Update) . Save
Below, I will explain the origin of these two problems and offer you comprehensive solutions to solve them. I will explain how to make AdSense ads appear again on pages affected by these two potential issues . Finally, I'll give you some tips to avoid these issues in the future, to prevent any interruption of your AdSense ad impressions. UNDERSTAND WHY ADSENSE ADS ARE NOT SHOWING ON YOUR SITE OR WEB PAGEAs I said above, the problem of displaying AdSense ads on certain blogs and sites is related to two main problems. Problems encountered with the Ads.txt file (an element on w…