Article 24. Procedure for resolving the claimed challenge

If a challenge was claimed, the court must hear the opinion of the persons participating in the case, as well as the person to whom the challenge is made, should the challenged person wish to give an explanation.

The question of challenging a judge hearing a case in person shall be settled by the court chair, while in a single-bench court — by the same judge.

Other judges who are members of the panel shall be allowed to challenge a judge — a member of the panel of judges — in the absence of the challenged judge. If the number of votes given for and against the challenge is equal, the judge shall be considered challenged.

A challenge claimed in relation to two judges or to the entire bench in a collegiate hearing shall be considered by the same bench by a simple majority of votes.

In order to resolve the issue of challenging, the judge (court) shall leave to a separate room (consultation room) and shall render a ruling on either accepting or rejecting the challenge.

The question of recusal and the challenge of a prosecutor, expert, specialist, interpreter, and court session secretary shall be resolved by the court hearing the case in line with the procedure established in this Article.