Zhurnal grazhdanskogo i ugolovnogo prava

3-11

Authors: Alexey A. Maksurov

Based on the analysis of the current Russian legislation and law enforcement practice, the article discusses the issues of bringing judges to civil liability. The author constructs the elements of torts that serve as the basis for holding a judge accountable, shows the limits and restrictions associated with the implementation of such opportunities. According to the researcher, the problem here lies in the fact that a civil offense in its “classical” sense has formal and material features, but this approach is somewhat transformed in this case, since the basis here will be an official offense. This kind of legal basis of the tort allows you to take a different look at the issues of guilt. It also affects the understanding of the actions themselves to cause harm, in connection with which the author proposes to expand the provisions of paragraph 1 of Article 1070 of the Civil Code of the Russian Federation, providing as a basis for civil liability situations when a judge, without taking active actions, nevertheless, must was to commit them on the basis of the essence of the case in his proceedings (unlawfully inactive). The researcher comes to the conclusion that the personality of the commission of specific illegal actions by a specific official – a judge – does not affect the very fact of compensation for damage and its size, which allows us to talk about damage from judicial acts adopted by a panel of judges with unconditional observance of the secrecy of the deliberation room. The paper made proposals for improving the legislation on holding judges accountable. It is determined in what situations it is impossible or difficult to bring Russian judges to civil liability. The study also provides additional bases for holding judges accountable, which may be reflected in civil law.