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#15 - JRL 8476 - JRL Home
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President Putin's Introductory Remarks at the VI
National Congress of Judges
November 30, 2004
State Kremlin Palace
PRESIDENT VLADIMIR PUTIN: Good day dear colleagues,
This is not the first time we are meeting at such an occasion. Four years
ago, we met for the same reason, for the congress of judges, and we discussed
the work ahead and the situation in the judicial system at that time. Now,
looking back over the time that has passed, we have every reason to say that
this has been a period of dynamic and fruitful development for the Russian
judicial system. Indeed, we have seen development in all areas in modernising
our justice legislation and ensuring that the judiciary is better financed and
better equipped and that the courts have all they need to carry out their work.
Of course, a lot of problems still remain, but I hope nonetheless that you can
say that progress has been made.
One of the most significant achievements of the changes that have taken place
is that citizens are turning more and more often to the courts to settle their
problems. This shows that there is increasing trust in the judicial system. But
the old instinct of distrust and a cautious approach to using the courts as a
means of resolving legal disputes still persists among the public.
You know the current state of affairs better than I do. You know that every
year the courts examine 6 million civil cases, 3 million administrative cases, 1
million criminal cases and more than 1 million commercial cases. These figures
show that people now have greater access to justice, and they are also
indicative of the great burden of work the courts must deal with. The number of
federal judges increased by more than 7,000 over the last four years. Courts of
first instance now work more efficiently and are less over-burdened than before,
largely thanks to the institution of justices of the peace, who now work in 87
of the country’s regions.
But as public trust in the courts increases, so the number of cases will also
increase, and this will undoubtedly require a more modern and rational
organisation of the way the courts function.
In this context we need to take all steps to develop methods that have
already proven their worth elsewhere in the world. I am thinking here of such
methods as dispute resolution through negotiations and conciliation agreements
and also arbitration as a means of settling disputes.
Despite the obvious success achieved by judicial reform, there are still many
problems and unresolved issues. I imagine that you will use this congress to
discuss them in detail. For my part, I would like to draw your attention to what
seems to me are several key points.
First is to ensure that the principle of judicial independence is implemented
in its fullest. This is a vital principle and it has always been the cornerstone
of judicial reform over these past years. Today it remains an issue of utmost
importance. Independence of the judiciary is not some kind of honorary
privilege, but is a prerequisite for the judicial system to be able to carry out
its constitutional functions within the system of division of powers.
A whole system of legal, social and financial guarantees exists to ensure the
independence of the judicial system in Russia. I think it would be right to look
at one fundamental issue, and that is increased pay for judges.
I have not raised this issue in order to win your compliments, though, of
course, any other reaction can hardly be expected. But I bring up this point
deliberately. I myself am a law graduate and many of my friends work in the
judicial system, in the Interior Ministry, the security services, the courts,
the prosecutor’s office and as lawyers, and they will perhaps criticise me for
this, but everyone agrees in their heart that the essence of the judicial system
is the summit of justice, where we know that decisions are taken upon which
depend not just the fate of individuals as, say, in a criminal trial, but also
the health of the state and the economy in administrative and arbitration
proceedings. Becoming a judge in many ways represents the summit of a career in
law, and so I do think that we should embody this principle by giving the courts
the corresponding position in our state.
Furthermore, today I sent to the State Duma a draft federal law that would
set a single maximum age limit for all judges. Given the particular nature of
judges’ work and the fact that we unfortunately still do not have enough
qualified people, I think it possible to raise this age limit to 70. These
measures all have one objective, and that is to ensure that judges take
objective and professional decisions that follow the spirit and letter of the
law.
The fairness of court decisions is the criterion by which the public judges
the quality of justice in the country, and respect for the judges is above all
respect for the state. We must remember that bribe-taking, excessive judicial
red tape and flagrant judicial errors undermine not just trust in the courts but
trust in the state as a whole.
I want to stress how important it is to examine all cases of violations in
the courts’ work. Indeed, violations are simply unacceptable where justice is
being dispensed. In this respect, the judges’ own professional organisations
have a particular role to play. Their purpose is precisely to strengthen the
judiciary’s authority and ensure that to be a judge is absolutely one and the
same thing as to be someone of irreproachable reputation. The guidelines for
judges’ professional and personal conduct are set not only by the law but also
by the judges’ Code of Ethics.
Moreover, in order to prevent infringements of the law, I think it would be
expedient to make amendments to the law on the status of judges regarding their
obligations to declare their income and property.
Now a few words on raising the professionalism of justices of the peace.
Their job is to examine disputes that arise out of everyday conflicts but that
are no less complex in nature than the cases examined by federal judges. It is
important therefore to create an effective system of ongoing training so that
justices of the peace can raise their qualifications. This should make use of
all the possibilities offered by educational institutions and by the judges’ own
professional organisations.
The next subject I wanted to say a few words on is the transparency of
justice for the participants in court proceedings and also for society in
general. I think this is a problem that really does exist. Of course, there is
secrecy of investigations and secrecy of court proceedings, but too much secrecy
is harmful and leads to an information vacuum that is responsible for producing
false stereotypes regarding the courts’ work.
The issue of relations between the judiciary and the media is an important
one, therefore, and there is a need to develop clear principles for their
cooperation and interaction. I think that judges can certainly take the
initiative in developing these contacts. I would like you to discuss this issue
and I know that you most probably will examine it during this congress. I think
that this is in the interests of all of Russian society.
The issue of computerising the courts is also of particular importance. The
judges very urgently need the recommendations of legal specialists and
researchers and computerisation specialists, an exchange of experience and
knowledge, an objective analysis of legal practice and unified procedures for
courts’ work. In order to achieve these objectives, a state automated system,
Justice, will begin operating next year. I am certain that this will raise
judges’ work to a new, modern, level.
The congress of judges is a significant event not only for the judges
themselves but for the entire country. You will be analysing the work of judges
at all levels and discussing the justice system’s most pressing problems today.
More importantly, however, the congress provides the opportunity for a broad
discussion on strengthening the judicial system and raising people’s trust in
the courts and the judges.
But any forum of this kind ultimately represents only one stage in
discussion. The situation with the country’s justice system should be a constant
focus of attention and analysis for the country’s judges. The justice system
requires further improvement and development and the country’s leadership will
also keep it firmly within its sights. But now I would like to wish you
constructive and successful work today, tomorrow, throughout the congress, and
constructive work on achieving the complex and important goals that are your
responsibility in your everyday work.
Thank you very much for your attention.
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