Article 23. Order of consideration of the declared challenge

In case of declaration of a challenge, the court shall hear the opinions of the persons participating in the case and also of the person to which the challenge has been declared, if the challenged person wishes to give explanations.

The issue of the challenge of the judge, who is considering the case alone, shall be resolved by the chairperson of the court, and in a single-judge court — by the same judge.

The issue of the challenge of the judge at consideration of the case in collegiate composition shall be resolved by the same composition of the court by the majority of the votes, in the absence of the judge, who has been challenged. At equal number of votes cast for and against the challenge, the judge shall be considered removed.

The issue of the challenge declared to several judges or to the whole collegiate composition of the court, which is considering the case, shall be resolved by the same composition by a simple majority of votes.

The issue of a challenge and self-withdrawal of the public prosecutor, expert, specialist, secretary of the judicial session and interpreter shall be resolved by the court, which is considering the case.

The issue of the self-withdrawal of the judge shall be resolved by the court in the manner prescribed by this article.

On the results of consideration of the issues of challenge, a ruling shall be issued.