Supreme Court of Russia clarified when it is possible to remove a citizen from the courtroom

Supreme Court of Russia clarified when it is possible to remove a citizen from the courtroom

Supreme Court of Russia clarified when it is possible to remove a citizen from the courtroom
The Supreme Court of the Russian Federation has provided clarifications on a number of issues in the arbitration process.  We are talking about the right of a judge to limit the time of speech of the participants in the court session and even to remove them in the event of a violation of public order.

The corresponding clarifications are contained in paragraph 41 of the resolution of the Plenum of the Supreme Court of Russia of December 23. The document states that a judge or a panel of judges ensures that the rules of proper order should be observed in the courtroom.

At the same time, in a situation where, after the judge's remarks, the participant in the process continues to behave in an inappropriate manner, the servant of Themis has the right to remove him (her) from the courtroom and continue the consideration of the case.

There is also a procedure for removing persons who are not parties to the process from the courtroom. Such citizens first receive a warning from the presiding officer, and if it is ignored, they can be removed. The measure is drawn up by issuing a ruling with the fixation of this in the minutes of the court session.

In addition, the resolution also contains the grounds for restricting the speech of a participant in the process. This can happen if he (she) interrupts both the judge and other speakers, as well as violates the procedure of the hearing established by law.

In addition to removing from the courtroom and limiting the time of the speech, the Supreme Court of Russia recalled the possibility of applying penalties to violators of the order. This possibility is provided for by the arbitration procedural legislation.

 


27.12.2021