Russian judges urged to forget about the ECtHR and social networks

The Code of Ethics of the servants of Themis will change

Any mention of the ECHR is likely to be removed from the Code of Judicial Ethics and other “internal” documents. Such an initiative was made at the X All-Russian Congress of Judges. Some people in robes were dubious about this: why is it necessary to “clean up” information about international legal practice, which would certainly not be superfluous for professional judges to know.

But the idea of ​​supplementing the Code with points where the ethics of the behavior of judges in social networks would be prescribed was welcomed by everyone. Taking anyone as a friend, liking questionable photos and reposting – all this will be prohibited for people in robes. Probably, it will also become impossible for the servants of Themis to use Instagram and Facebook recognized as extremist in the Russian Federation.

Even before the beginning of the X All-Russian Congress of Judges, there were rumors that the Code of Judicial Ethics would be changed at it. Moreover, they talked about it with a hint that these would be scandalous transformations. So everyone was expected, and first of all, the ban of judges from communicating with the media (however, even now they are not particularly fond of giving interviews and comments, although one of the articles of the Code obliges them to all kinds of interaction).

When Elena Zolotareva, Chairman of the Council of Judges Commission on Ethics, stated that “The Code of Judicial Ethics is not an invariable set of rules and must constantly respond to the demands of the time, especially in the light of mediatization of all spheres of life,” many tensed up: what is it leading to? Turns out it was all about social media.

In principle, the question is ripe: there were several cases when judges were tried to be deprived of their robes because of their activity in the Internet space. In Rostov-on-Don, on the VKontakte page, one of the judges reposted several pictures with obscene language. A scandal erupted. A woman at the qualification college tried to convince her colleagues that she allegedly did not know how to use social networks and that it was not her, but her 18-year-old son who did it on her publication page.

“The bodies of the judiciary have never questioned the right of a judge to use modern technologies, while judges are obliged to prevent actions that undermine confidence in the judiciary,” Zolotareva said and proposed to amend the Code.

The Chairman of the Arbitration Court of the Ural District Reshetnikova went further and took the initiative to develop recommendations on the behavior of judges in social networks:

– Judges, like all citizens, actively use social networks. On the one hand, this is a blessing: through this communication channel, you can increase the authority of the court, communicate with citizens … but, on the other hand, we cannot always track the information that is published there. And even the most insignificant actions – like, add to friends – can turn into unpleasant consequences. Judges are required to be careful about their activity on social networks.

By the way, the judges spoke about the use of social networks recognized as extremist on the sidelines. It also sounded like this: they say, not all State Duma deputies and officials closed their pages, and therefore is it necessary to demand this from people in robes?

Then the Chairman of the Irkutsk Regional Court Vladimir Lyakhnitsky entered the case:

– For a judge, the format of behavior in the real world and in the virtual space should not differ. The presence of a judge on social networks requires the utmost discretion.

After that, no one had any doubts that a new norm would appear in the Code. But the matter was not limited to social networks. There was a proposal to remove the mention of the ECtHR. Paragraph 5 of the Code states that a judge must know not only the legislation and its changes in the Russian Federation, but also the norms of international law, including international conventions and other documents in the field of human rights, as well as “systematically study law enforcement practice, including .. .of the European Court of Human Rights”. Russia, as you know, is no longer a member of the ECHR, and for the Russians, the Stasburg Court has ceased to be the last resort. But is it necessary to “clean up” references to it and international norms? What for? Why is it necessary to refuse world experience? For the sake of demonstrating that “no one else can order us”? In general, questions are still hanging in the air.