Varlamov: increasing salaries of the judges will not increase the independence of courts in the Russian Federation
Lawyers interviewed Last news , consider increasing the salaries of judges in Russia by 30% the right decision power, But it, in their vision, will not have a significant impact on the quality of justice and, for example, will not lead To an increase in the independence of judges.
on the last working day of the week it was announced that the head of government of the Russian Federation Medvedev D. A. signed the order, which provides for the gradual increase between 2014 and 2016 monthly cash incentives of judges of courts of different levels at 0, 3 salary.
the feedback of the partner of the law firm " YUST " Alexander Solomatov, this idea is without a doubt positive, although for the purposes of increasing the independence of judges is of greater significance guarantees preservation of the standard of living of the judges after the termination of their powers ". Among such safeguards specialist took housing, the right to a decent pension, the opportunity to practice as a specialist in the legal sphere, without prejudice to pensions, social benefits.
" In other words, the guarantee of independence is established by the legislative act, and not the will of the Directors of the standard of living of the judge that will enable him to make independent decisions without regard to formal head, " said bolomatov. He suggested that the increase in wages will increase the interest of a particular judge in his place that will increase their loyalty to the leadership of the judiciary, and not the state in General.
" But I dream that this increase in wages is only the first step in changing the system of motivation of the judiciary, which will soon be followed by the introduction of additional guarantees of independence of judges in the Russian Federation, as well as a General increase in the importance and authority of the judiciary ", - noted the head of the Department.
With this assessment in General agree and Sergei Varlamov, partner organization " Business channel ", head of Department on protection of entrepreneurs ' rights independent expert center " Public Council ". In his vision, " it is unlikely that the increased salary by 30%, which will occur in several phases over 2 years, will be able to increase the independence of judges ".
Judicial salary will increase by 30% in only two years, By the time this increase can become invisible against the background of rising inflation and devaluation of the ruble, " says Varlamov.
But even an instant 30% increase in salary, According to the expert, " only had a slight impact on the growth of the independence of judges ".
" in neighboring post-Soviet countries have already tried to increase judges salaries and pensions in the hope to minimize corruption, For example, it was in Ukraine in 2005-2006, But, As provided statistics, bribery among judges has not diminished, " said the lawyer.
As suggested by a senior lawyer of korelskiy, Ischuk, Astafiev and partners " (CIAP) Mikhail Samoylov, in itself, a simple raise of the salaries of judges, their independence is unlikely, because the judge has the opportunity to be dependent Both on the parties to the litigation, and the Executive branch itself.
" in the first case, the increase of pay reduces the level of dependency judges, 2 - unlikely, As this dependence is based on my opinion on any other basis than the cash contents of the judges, " said Samoylov.
according to him, " the independence of judges - the Institute is complex and requires, in the 1st and foremost, a political solution ".
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