Panels of Three Judges: Legal Status and Role in Protecting the Judiciary from Unjust Prosecution

Abstract

Introduction: International soft law norms emphasize the central role of bodies of the judicial community in all decisions affecting judicial status to ensure independence. In contrast, Russian law involves a broader range of actors in safeguarding judicial immunity — including both judicial community bodies and panels of judges from higher courts.

Methodology and materials: The aim of this study is to identify the specific features of three-judge panels that determine their legal nature within the judicial system. This goal was achieved through an analysis of national legal sources regulating the organization and functioning of such panels, international soft-law standards on judicial independence and impartiality, judicial practice, and academic literature. Methodologically, the research combines general scientific methods (analysis, synthesis, induction) with comparative and formal legal approaches.

The results of the study: Judicial panels are professional bodies of judges that are not formal structural units of the courts in which they operate. Current law provides no criteria for their composition, no procedures for nominating members, and no requirements for judicial rotation. An analysis of their jurisdiction and case law shows that their main procedural function is to protect judges from unwarranted or politically motivated prosecution.

Conclusions: The author contends that judicial panels have a hybrid legal nature: they share features of bodies of the judicial community while also exercising judicial authority, particularly oversight of law enforcement during pre-trial and trial proceedings involving judges. At the same time, their work is largely palliative, as panels do not provide an effective legal mechanism for safeguarding judicial immunity.