Challenge of Judges

the removal of a judge from participation in the hearing of a particular case if the judge is personally (either directly or indirectly) interested in the outcome of the case or if there are other circumstances which raise doubts as to the judge’s impartiality. Soviet law provides that a judge is subject to challenge if he is a party to the case, a relative or representative of one of the parties, or a witness; if he has participated in the given case as an expert, interpreter, person conducting an inquiry, investigator, attorney, or defense counsel; or if he is a relative of one of these persons. Persons who are related cannot be members of the same court. In such instances the judge is obliged to disqualify himself.

The right to challenge a judge is given to the procurator, the parties and their representatives (third persons in a civil case), and representatives of public organizations or workers’ groups who have been permitted to participate in the court hearing. Challenges may also be directed at the procurator, investigator, person conducting an inquiry, secretary of a judicial session, interpreter, specialist, and expert for any of the reasons given above with the exception of previous participation in the case.