Judicial Disqualification in Russia and Foreign Jurisdictions

Provisions of Russian law regarding judge recusal that is a guarantee of a fair and independent trial, are currently not brought to uniformity: the Code of Civil Procedure of the Russian Federation, the Code of Arbitrazh Procedure of the Russian Federation, the Code of Administrative Procedure of the Russian Federation and the Code of Criminal Procedure of the Russian Federation establish various grounds for judge recusal and order of proceedings on hearing motions on judge recusal. At the same time, both Russian and foreign lawyers participate in numerous discussions regarding the compliance of such legal provisions with basic principles of procedural law, in particular, nemo judex in causa sua. In this regard, this study attempts to answer, among other issues, the following questions (with the help of analysis of relevant Russian law and court practice; using historical and comparative methods): - What is needed to be changed in the procedure for resolving the motion on judge recusal? - What is to be included in the list of grounds for judge recusal? - What should be the standard of proof when resolving such motions? Urgency of these questions is explained by the fact that the date of entering amendments to the procedural codes of the Russian Federation is coming soon ("procedural revolution").