High Qualification Collegium Refuses to Reinstate Two Judges

The High Qualification Collegium of Judges refused to reinstate in their positions Judge Andrey Kuznetsov of the Ilovlinsky District Court and Judge Rashad Gasan-ogly Nabiev of the Kletskaya District Court. Information about this appeared on the collegium’s website.

As a reminder, Andrey Kuznetsov’s complaint was heard on 13 July. The judge of the Ilovlinsky District Court resigned after he returned the case of head Ivan Gel to the prosecutor at the stage of judicial debates. This was one of the grounds for the Council of Judges of Volgograd Oblast to appeal to the regional qualification collegium to bring disciplinary action against Judge Kuznetsov. The regional qualification collegium of judges agreed with the Council’s opinion and stripped Kuznetsov of his judicial powers.

Disagreeing with his resignation, Andrey Kuznetsov filed a complaint with the High Qualification Collegium of Judges, in which he challenged the imposition of liability in the form of termination of powers and deprivation of the fifth qualification class of judge, but his complaint was denied.

Another refusal was received by Rashad Gasan-ogly Nabiev, a former judge of the Kletskaya District Court. His case was heard on 15 July.

On 26 April 2019, the qualification collegium of judges of Volgograd Oblast decided to terminate Judge Nabiev’s powers due to his having, in addition to Russian citizenship, citizenship of Azerbaijan. Rashad Nabiev filed a lawsuit with the Supreme Court of the Russian Federation on 30 May demanding its annulment.

The qualification collegium also found that judges of the Kletskaya District Court had not submitted income declarations. These arguments were sufficient to strip Rashad Nabiev of his judge status. In addition to filing with the Supreme Court of the Russian Federation, the former judge filed a complaint with the High Qualification Collegium of Judges regarding the non-extension of his powers as chairman.

Rashad Nabiev filed four petitions with the High Qualification Collegium of Judges for review of decisions based on newly discovered circumstances. However, proceedings were either terminated on them, or the petitions were left unsatisfied.