From the Rejection of Court Disqualification to the Change of the Territorial Jurisdiction

The author refers to the institution of rejection as one of the most important guarantees of the independence of judges. The relevance of this research is due to the need to study and demonstrate the mechanism of influence of the ECHR decisions on Russian legislation and law enforcement practice. The article tracks the recent change in the position of the Supreme Court of the Russian Federation on the issue of rejection judges due to the special status of the person whose interests are affected by the criminal case under consideration/. In particular, it can be the status of a judge, a high position in law enforcement agencies and so on. The specificity of this rejection is to extend to the entire composition of the court, which makes it necessary to change the territorial jurisdiction. The author concludes that the fixing in part 1 of art. 35 of the Criminal procedure code of such a reason change territorial jurisdiction, as «the existence of circumstances that may cast doubt on the objectivity and impartiality of the court» has not eliminated entirely the need for use of the institution of rejection.