Self-recusal of a Judge in Civil Proceedings

Abstract

Review. The author researches the legal concept of self-recusal of the judge in civil proceedings and opportunities for its improvement. The author considers that the existing procedure of dealing with applications for self-recusal needs to be improved. As a result of research the author concludes that the application for self- recusal has priority over disqualification and believes that this should be reflected in the title of the relevant chapter of the Civil Procedure Code of the Russian Federation. In addition, the procedures of applying for self-recusal and considering applications need to be changed. The author suggests that the judge should be relieved of the necessity to disclose the reasons of self-recusal and such a procedure should be secured when the self-recusal application means an approved self-recusal. Thus, it seems appropriate to provide for prohibition to apply for self-recusal if there is an application for judge's disqualification.