Arbitration Court of the Moscow District. Features of the consideration by arbitration courts of cases of awarding compensation for violation of the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable time the right to judicial protection. Provide

21.10.2020 Travels

After studying chapter 13, the student must:

know :
- - features of the execution of judicial acts issued as a result of a violation of reasonable terms of proceedings and execution of judicial acts;
- - The procedure for submitting an application for awarding compensation for violation of the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable time and features of its consideration;
be able to determine the amount of compensation for violating the right to legal proceedings within a reasonable period or right to execute a judicial act within a reasonable time limit;
own The basis for establishing reasonable terms of legal proceedings and execution of judicial acts.

Reasonable terms of proceedings and execution of judicial acts

"Everyone in the case of a dispute about his civil rights and responsibilities or upon presentation of any criminal charges has the right to a fair and public proceedings of the case within a reasonable period of an independent and impartial court established on the basis of the law" (paragraph 1 of Art. 6 of the European Convention on Protection human rights and fundamental freedoms).

The practice of the European Court of Human Rights on this issue comes from the following. In the decision in the case of Browan (Brogan) and others against the United Kingdom of November 29, 1988, the European Court of Human Rights clarified the following: "The question is which limits are permissible. It is obvious that an acceptable time can not be the same for all cases, And it would be unnaturally set to one term in a specific digital expression for all cases. The court has repeatedly noted that it is impossible to express the concepts of a reasonable term in a specific number of days, weeks, etc. (see the decision on the stacking case of November 10, 1969) . Thus, in each case, the problem of evaluation arises, which depends on the specific circumstances. "

The basic categories of the Federal Law of April 30, 2010 No. 68-FZ "On compensation for violation of the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable time" is a "reasonable term". At the same time, this federal law does not have the definition of this concept.

In the current legislation of the Russian Federation, the concept of "reasonable deadlines" is found. So, according to Art. 314 of the Civil Code of the Russian Federation in cases where the obligation does not provide for its execution and does not contain conditions that allow you to determine this period, it must be executed in reasonable time After the occurrence of the obligation. An option using a reasonable period can be considered reserve and apply it in the absence of all other terms or methods of their definition. The term in this case can be determined on the basis of the current practice of execution of such commitments.

Compensation for violation of the right to proceedings within a reasonable time or right to execute a judicial act within a reasonable time

The Constitutional Court of the Russian Federation drew attention to the problem of execution of compensation. In the definition of July 3, 2008 No. 734-O-P on the complaint of citizen V. on violation of its constitutional rights of Article 151 of the Civil Code of the Russian Federation, the court indicated that "from the federal legislator does not remove the duty - based on the Constitution of the Russian Federation and Taking into account this definition, in the shortest possible time to establish the criteria and procedure to ensure the award of compensation for non-fulfillment of decisions on claims to the Russian Federation, the subjects of the Russian Federation or municipalities, in accordance with the Russian Federation of international legal standards recognized by the Russian Federation. "

In accordance with Art. 1 of the Federal Law "On Compensation for Violation of the right to legal proceedings within a reasonable time or right to fulfill the judicial act within a reasonable term" citizens of the Russian Federation, foreign citizens, stateless persons, Russian, foreign and international organizations that are in court the parties or declare independent Requirements regarding the subject of the dispute by third parties, decisions, debtors, as well as suspects accused, defendants, convicts, justified, victims, civil plates, civilian respondents in criminal proceedings, in cases provided for by federal laws, other interested persons in violating their right to legal proceedings in reasonable The term or right to execute a judicial act involving the appeal to the funds for budgets of the budget system of the Russian Federation, within a reasonable time They may apply to the court, an arbitration court with a statement to award compensation for such a violation.

The condition for awarding compensation for violating the right to legal proceedings within a reasonable period or right to execute a judicial act within a reasonable time: if such a violation took place for reasons that did not depend on the person who applied to the award of compensation, with the exception of emergency and unpredictable circumstances under these conditions (force majeure). At the same time, the violation of the timelines established by the legislation of the Russian Federation for the consideration of the case or execution of a judicial act in itself does not mean violations of the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable time.

The award of compensation for violating the right to legal proceedings within a reasonable time or right to fulfill the judicial act within a reasonable period does not depend on the presence or lack of court guilt, criminal prosecution authorities, bodies that are entrusted with duties on the execution of judicial acts, other state bodies, local governments. And their officials.

Awarding compensation for violation of the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable time does not prevent damages in accordance with Articles 1069, 1070 of the Civil Code of the Russian Federation. At the same time, the award of compensation for violating the right to legal proceedings within a reasonable period or right to fulfill the judicial act within a reasonable time deprives the interested person to compensate for moral damage for these violations.

When applying for compensation for violation of the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable period, a state duty is paid in the manner and sizes that are established by law on taxes and fees.

Authorities, which, in accordance with the federal law, are authorized on behalf of the Russian Federation, the subject of the Russian Federation, the municipality to fulfill the court decisions, the Arbitration Court to award compensation for violating the right to execute a judicial act within a reasonable time, have the right to make a regressive requirement for the authority or official The face of whose fault is such a violation.

Compensation for violation of the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable term is awarded by the court, an arbitration court in cash.

The amount of compensation for violating the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable time is determined by the court, the arbitration court on the basis of the applicant's claims, the circumstances of the case in which violation was allowed, the duration of violation and significance of its consequences for the applicant, as well as By consideration of the principles of rationality, justice and practices of the European Court of Human Rights.

European Court of Human Rights. Selected solutions. T. 1. M.: Norm, 2000. P. 610-636.
Cm.: Callaur N. A. Dividends of the organization // Economic and Legal Bulletin. 2008. №12.

The person who believes that the state body, the local government body, other body, the organization, is violated its right to proceedings within a reasonable period or the right to fulfill the judicial act within a reasonable time, has the right to contact the arbitration court with a statement of compensation.

An application for awarding compensation for violation of the right to legal proceedings within a reasonable time can be filed by an interested person within six months from the date of entry into the last judicial act adopted in this case.

The application for awarding compensation for violation of the right to legal proceedings within a reasonable time may also be filed before the end of the proceedings in case of the case in case the consideration of the case exceeds three years and the person interested has previously appealed to the statement of accelerating the consideration of the case in the manner prescribed by the APC RF.

The application for awarding compensation for violation of the right to execute a judicial act within a reasonable period may be filed by an interested person in prior to the end of the execution of a judicial act, but not earlier than six months from the date of the expiration of the period established by the Federal Law for the execution of a judicial act, and not Later than six months since the end of the proceedings on the execution of the judicial act.

An application for awarding compensation for violation of the right to legal proceedings within a reasonable time can not be considered by the judge if he has previously participated in the consideration of the case, in connection with which grounds arose to submit such an application.

An application for awarding compensation for violating the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable time is filed to the arbitration court, the plenipotentiary consider such a statement through the arbitration court that has decided.

The Arbitration Court, who decided, is obliged to send an application for awarding compensation, along with the case in the relevant court for a three-day period from the date of receipt of such an application to the arbitration court.

The application for awarding compensation for violating the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable period should be indicated:

the name of the Arbitration Court in which the application is submitted;
the name of the person submitting a statement, indicating it, the location or place of residence, the name of other persons participating in the case, their location or place of residence;
information about the judicial act, adopted in the case, the subject of the dispute, the name of the Arbitration Court, which considered the case, information about acts and the actions of the body, organization or an official to which the obligations of the judicial act are entrusted;
the total duration of proceedings in the case calculated from the date of receipt or application to the Arbitration Court of First Instance until the day of adoption of the last judicial act in the case, or the total duration of the execution of the judicial act;
circumstances, known to the person who applies and influenced the duration of proceedings in the case or on the duration of the execution of a judicial act;
the arguments of the person submitting a statement, indicating the grounds for the award of compensation and its size;
the consequences of violation of the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable time and their significance for the applicant;
details of the bank account of a person submitting a statement to which funds must be listed;
the list of documents attached to the application.

The question of adopting a statement about awarding compensation for violation of the right to legal proceedings within a reasonable time or right to fulfill the judicial act within a reasonable time to produce the Arbitration Court is solved by the judge alone within five days from the date of receipt of such an application to court.

The Arbitration Court is obliged to make a statement of compensation for the compensation, filed with the compliance with the requirements of its form and content established by the APC.

The Arbitration Court makes a definition about the adoption of a statement of awarding compensation for production, which indicates the time and place of the court session to consider the application.

Copies of the definition of acceptance of a statement on compensation are sent to the applicant, the body, organization or official entrusted to the execution of the relevant judicial act in connection with its non-fulfillment within a reasonable time, which was the basis for the applicant's appeal to the court requesting compensation , as well as other interested parties.

If the arbitration court, when considering the issue of adopting a statement of awarding compensation for violation of the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable time, it will establish that the application is filed with violation of the requirements established by Art. 222.3 APC RF, or state duty is not paid, the court makes a definition about.

In definition, the arbitration court indicates the basis for leaving the application for awarding compensation, without movement and a reasonable time, during which the circumstances served as the basis for leaving the application without movement should be eliminated.

A copy of the definition of leaving the statement of awarding compensation without movement is sent to a person who has submitted a statement, no later than the next day after the day of determination.

In case the circumstances that served as the basis for leaving the application for compensation for compensation without movement will be eliminated on the period established by the definition of the Arbitration Court, the application is considered to be submitted on the day of its initial admission to court. In other cases, the application is considered non-subference and returns to the documents in the manner prescribed by Art. 222.6 APC RF.

The Arbitration Court returns a statement of awarding compensation for violating the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable period, if, when considering the issue of acceptance of an application for production, it will establish that:

the application is filed by a person who has no right to file;
the application is filed with a violation of order and deadlines. At the same time, the petition for the restoration of the missed deadline has not been received or in restoring the missed deadline was denied;
before determining the adoption of an application for the production of an arbitration court on behalf of such a statement, a petition for his return was received;
the circumstances that were not eliminated by the basis for leaving the application without movement, on the period established by the definition of the Arbitration Court;
the term of proceedings in the case or the term of execution of a judicial act clearly indicates the absence of a violation of the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable time.

On the return of the statement of awarding compensation, the arbitration court makes a definition.

A copy of the definition of the return of the application for awarding compensation is sent to the applicant together with the application and the documents attached to it no later than the next day after the day of determination or after the expiration of the term established by the arbitration court to eliminate the circumstances served as the basis for leaving the application without movement.

The definition of the return of the application for awarding compensation may be appealed in the manner and within the deadlines that are established by Art. 291 APC RF.

In case of cancellation of the definition, the application is considered submitted on the day of its initial admission to the arbitration court.

The return of the application for awarding compensation does not prevent the reapproach of the interested person with a statement to the Arbitration Court in general, after eliminating the circumstances that served as the basis for the return of the application.

An application for awarding compensation for violation of the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable period is considered by the Arbitration Court within a two-month period from the date of receipt of the application together with the case of the court, including the term for the adoption of a judicial act.

The Arbitration Court considers an application for awarding compensation for violating the right to legal proceedings within a reasonable period or right to fulfill the judicial act within a reasonable period at the court session by the collegial composition of judges under the general rules of the claim provided for by the APC RF, and in accordance with the Federal Law "On Compensation for Violation The rights to proceedings within a reasonable time or right to execute a judicial act within a reasonable time. " The applicant, the authority, the organization or official to be entrusted with the obligations to execute the judicial act in connection with its non-fulfillment within a reasonable time, which was the basis for the applicant's appeal to the court requesting compensation, as well as other interested parties notified about time and place court hearing.

When considering a statement of awarding compensation, the Arbitration Court establishes the fact of violation of the applicant's right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable time based on the arguments set out in the statement, the content of the judicial acts adopted in the case, from the case materials and subject to the following circumstances :

legal and actual complexity of the case;
the applicant's behavior and other participants of the arbitration process;
the adequacy and effectiveness of the actions of the court or judge carried out in order to timely consideration of the case;
the adequacy and effectiveness of the judicial acts of the actions of organs, organizations or officials to be assigned to the judicial act of the judicial act;
the total duration of proceedings in the case and non-fulfillment of the judicial act.

When preparing a case for a trial, the judge determines the circle of stakeholders, including the body, the organization, an official who did not fulfill the judicial act within a reasonable time, and establishes the term for the submission of explanations, objections and (or) arguments regarding the application for compensation award . The authority, an organization, is obliged to submit explanations, objections and (or) arguments in the period established by the Arbitration Court. Failure to submit or late representation of explanations, objections and (or) arguments is the basis for the imposition of a judicial fine in the manner and in the amount of the chapter 11 of the APC RF.

According to the results of consideration of the application for awarding compensation for violation of the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable term, the Arbitration Court makes a decision that must contain:

the name of the Arbitration Court, the composition of the court who decided;
the case number in which the decision is made, the date and place of decision making;
the name of the person who submitted a statement and its procedural position;
the name of the persons involved in the case, including the name of the body, organization or an official to which the obligations of the judicial act;
subject of application;
the names of the persons present at the court session, indicating their powers;
information about the judicial acts adopted in the case, the subject of the dispute, the name of the Arbitration Court considered;
arguments set out in the statement;
explanations of persons present at the court session;
the total duration of proceedings in the case or the total duration of the execution of the judicial act;
the motives for which compensation is awarded, or the motives for which it was denied awarding;
specifying compensation and its size or refusal to award compensation;
an indication of the actions that the body must be implemented, the organization or an official to which the responsibilities are assigned to execute the judicial act.

The decision of the Arbitration Court indicates the distribution of court costs incurred in connection with the consideration of the application for compensation.

For violation of the right to legal proceedings within a reasonable time

About compensation

THE FEDERAL LAW

State Duma

Federation Council

Article 1. The right to compensation for violation of the right to proceedings within a reasonable time or right to execute a judicial act within a reasonable time

1. Citizens of the Russian Federation, foreign citizens, stateless persons, Russian, foreign and international organizations, which are in the judicial parties to the parties or declare independent requirements on the subject of the dispute by third parties, decisions, debtors, as well as suspects, accused, defendants, convicted, justified , victims, civil plaintiffs, civilian defendants in criminal proceedings, in cases provided for by federal laws, other interested persons in violation of their right to legal proceedings within a reasonable time or right to execute a judicial act providing for the appeal to the funds of budget system budgets of the Russian Federation, within a reasonable time They may apply to the court, the arbitration court with a statement to award compensation for such a violation in the manner established by this Federal Law and the procedural legislation of the Russian Federation.

2. Compensation for violating the right to legal proceedings within a reasonable period or right to executing a judicial act within a reasonable period is awarded if such a violation took place for reasons independent of the person who applied for a statement of compensation (hereinafter - the applicant), for The exception of emergency and unavailable under these conditions of circumstances (force majeure). At the same time, the violation of the courts established by the legislation of the Russian Federation in itself does not mean violations of the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable time.

3. The award of compensation for violating the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable period does not depend on the presence of or no guilt of the court, criminal prosecution authorities, bodies that are entrusted to execute judicial acts, other state bodies, organs local governments and their officials.

4. Award compensation for violating the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable time does not prevent damages in accordance with Articles 1069, 1070 of the Civil Code of the Russian Federation. Awarding compensation for violating the right to legal proceedings within a reasonable period or right to execute a judicial act within a reasonable time deprives the interested person to compensate for moral damage for these violations.

5. When applying for compensation for violation of the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable period, a state duty is paid in the manner and sizes that are established by law on taxes and fees.

6. Authorities, which, in accordance with this Federal Law, are authorized on behalf of the Russian Federation, the subject of the Russian Federation, the municipality for the execution of court decisions, the Arbitration Court to award compensation for violating the right to execute a judicial act within a reasonable time, have the right to make a regressive requirement for The authority or official, due to the fault of which such a violation is made.

Article 2. Form and amount of compensation for violation of the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable time

1. Compensation for violation of the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable term is awarded with the court, an arbitration court in monetary form.

2. The amount of compensation for violating the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable time is determined by the court, the arbitration court on the basis of the applicant's claims, the circumstances of the case on which the violation was allowed, the duration of violation and significance of its consequences for the applicant, and Also, taking into account the principles of intelligence, justice and practices of the European Court of Human Rights.

Article 3. The procedure for submitting an application for awarding compensation for violation of the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable time and features of its consideration

1. An application for awarding compensation for violation of the right to proceedings within a reasonable time is filed in:

1) the court of general jurisdiction, if the requirement to award compensation for violation of the right to legal proceedings within a reasonable term is caused by a long trial in the court of general jurisdiction, long-term pre-trial production in criminal matters;

2) Arbitration Court, if the requirement to award compensation for violation of the right to legal proceedings in a reasonable time is caused by a long trial in the arbitration court.

2. An application for awarding compensation for violation of the right to execute a judicial act within a reasonable time is submitted to:

1) the court of general jurisdiction, if the requirement to award compensation for violating the right to execute a judicial act within a reasonable time due to the long non-performance of the judicial act of the court of general jurisdiction;

2) The Arbitration Court, if the requirement to award compensation for violation of the right to execute a judicial act within a reasonable term is caused by a long failure of the judicial act of the Arbitration Court.

3. An application for awarding compensation for violating the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable term as a court of first instance is considered:

1) The Supreme Court of the Republic, the Regional Court, the regional court, the court of the city of federal significance, the court of the Autonomous Region, the court of the Autonomous Okrug, the District (Flot) of the Military Court - on cases, susso world judges, district courts, garrison martial vessels;

2) the Supreme Court of the Russian Federation - on cases, susso federal courts, with the exception of district courts and garrison military vessels;

3) The Federal Arbitration Court of the district.

4. The requirement to award compensation for violation of the right to legal proceedings within a reasonable time can be set out in a statement on the revision of judicial acts of arbitration courts in the order of supervision.

5. An application for awarding compensation for violation of the right to legal proceedings within a reasonable time can be submitted to court, the Arbitration Court:

1) in a six-month period from the date of entry into force of the last judicial act adopted in the case in which violation was allowed;

2) until the end of the proceedings in the case, in the case of a violation, in the event that the duration of consideration of this case exceeded three years and the applicant was previously addressed to the acceleration of its consideration in the manner prescribed by the procedural legislation of the Russian Federation.

6. An application for awarding compensation for violation of the right to criminal proceedings within a reasonable period may be submitted to the court in a six-month period from the day the court entry into force or the court decision taken in the case, or another court decision, which terminated criminal proceedings.

7. In the case of establishing a suspect or accusedment application for compensation for the violation of the right to criminal proceedings, within a reasonable time, it may be submitted to the termination of criminal prosecution or before entering into legal prosecution of the court, if the duration of the criminal proceedings exceeded four years and the applicant earlier. Applying to accelerate his consideration in the manner prescribed by the criminal procedure legislation of the Russian Federation.

8. An application for awarding compensation for violation of the right to fulfill a judicial act within a reasonable period may be submitted to the court, the arbitral tribunal before the completion of the execution of the judicial act, but not earlier than six months from the date of expiration established by the Federal Law for the execution of the judicial Act, or no later than six months since the end of the production of the judicial act.

9. When considering the court for awarding compensation for violation of the right to:

1) legal proceedings in a reasonable period of interests of the Russian Federation presents the Ministry of Finance of the Russian Federation;

2) criminal proceedings within a reasonable time in pre-trial production The interests of the Russian Federation are represented by the Ministry of Finance of the Russian Federation and the chief manager of the federal budget funds;

3) Execution within a reasonable term of the judicial act on the claim to the Russian Federation, the subject of the Russian Federation, the municipal education on the compensation of harm caused to the physical or legal entity as a result of illegal actions (inaction) of state bodies, local governments or their officials, the interests of the Russian Federation , the subject of the Russian Federation, the municipality represents the appropriate financial authority;

4) Execution within a reasonable period of a judicial act, providing for the appeal to the funds of the federal budget, the budget of the constituent entity of the Russian Federation, the local budget for monetary obligations of budgetary institutions, the interests of the Russian Federation, the subject of the Russian Federation, the municipality represent the relevant financial authority and the main owner of the relevant budget .

Article 4. Judicial decision on the results of consideration of the application for awarding compensation for violation of the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable time

1. According to the results of consideration of the application for awarding compensation for violation of the right to legal proceedings within a reasonable period or right to fulfill the judicial act within a reasonable period, the Court or the Arbitration Court decides in the manner prescribed by the procedural legislation of the Russian Federation.

2. Compensation for violation of the right to legal proceedings in a reasonable period is awarded at the expense of the federal budget.

3. Compensation for violation of the right to execute a judicial act within a reasonable time is awarded at the expense of the federal budget, the budget of the constituent entity of the Russian Federation, the local budget, if such a violation was allowed by the body or organization financed at the expense of the relevant budget, or the official of this authority or This organization.

4. The court decision on awarding compensation for violation of the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable term is subject to immediate execution.

5. The judgment adopted by the court or arbitration court on the results of consideration of the application for awarding compensation for violation of the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable time, may be appealed in the manner prescribed by the procedural legislation of the Russian Federation.

Article 5. Execution of a court decision on awarding compensation for violation of the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable time

1. A court decision to award compensation for violating the right to legal proceedings within a reasonable time or right to fulfill the judicial act within a reasonable time is executed in a three-month period from the date of its admission to execution in the manner prescribed by the budget legislation of the Russian Federation.

2. Judicial decision to award compensation for violation of the right to:

1) proceedings within a reasonable time is performed at the expense of the federal budget by the Ministry of Finance of the Russian Federation;

2) execution of a judicial act, providing for the appeal of the federal budget, within a reasonable time is executed by the Ministry of Finance of the Russian Federation;

3) the execution of a judicial act involving the appeal of the recovery of the budget of the subject of the Russian Federation or the local budget, within a reasonable time is fulfilled by the relevant financial authority.

3. The cost of payment of compensation for a court decision on the award of compensation for violation of the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable period is provided for in the federal budget, budgets of the constituent entities of the Russian Federation, local budgets.

Article 6. Entry into force of this Federal Law

2. For six months from the date of entry into force of this Federal Law, persons submitted to the European Court of Human Rights a complaint on the intended violation of their right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable period for which the decision was not made On the issue of her acceptability or essentially, they may apply in the manner established by this Federal Law and Procedural Legislation of the Russian Federation, to court, the Arbitration Court with a statement on awarding compensation for violation of the right to proceedings within a reasonable time or right to execute a judicial act in a reasonable The term indicating the dates of handling the European Court of Human Rights and the number of this complaint.

The president

Russian Federation

D.Medvedev

Moscow Kremlin

13. Ensuring the rights and freedoms of man and citizen in the implementation of justice.

14. Implementation of justice only by the court.

15. Ensuring the legal, competent and impartial composition of the court.

16. The participation of citizens in the administration of justice

17. Independence of the courts and the independence of judges, jury and arbitration assessors.

18. Exercise of justice on the basis of equality of all before law and court.

19. The right to judicial protection. Ensuring access to justice. The right to compensation for violation of the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable time.

20. The principle of competition of the process and equality of the parties.

21. Providing a suspect, accused of defense rights.

22. Presumption of innocence.

23. Language of legal proceedings and office work in the courts. Guarantee implementation.

24. The publicity of the trial.

25. The judicial system of the Russian Federation, its structure and signs.

26. Unity of the judicial system.

27. Federal courts and courts of constituent entities of the Russian Federation, their relationship.

28 System of courts of general jurisdiction (common. Characteristic).

29. The concept of court instances.

30. The concept of the court of first instance. Court of first instance.

31. The concept of appeal instance. Court of appeal.

32. The concept of cassation instance. Cassation courts.

33. The concept of supervisory instance. Supervisory courts.

34. The ratio of the concepts of the "link of the judicial system" and "judicial instances".

35. Court compositions when considering cases in the first, appellate, cassation and supervisory instances.

36. District Court. Composition, powers.

37. Chairman of the district court, his rights and obligations.

38. Regional and equal court. Powers, Composition, Structure.

39. Presidium of the Supreme Court of the Republic, the regional (regional) court, the court of the city of the federal significance, the courts of the Autonomous Region, the court of the Autonomous Okrug: the order of its education and work, powers.

40. Chairman of the Supreme Court of the Republic, the regional (regional) court, the court of the city of federal significance, the court of the Autonomous Region, the Court of the Autonomous Okrug: its powers.

41. The judicial colleges of the Supreme Court of the Republic of the regional (regional) court, the court of the city of the federal significance, the court of the Autonomous Region, the court of the Autonomous Okrug: the order of their education, the authority.

42. Military courts. Concept, system, powers.

43. Garrison Military Court. Composition and powers.

44. District (Fleet) Military Court. Composition, structure, powers.

45. Military Collegium of the Supreme Court of the Russian Federation. Composition, procedure for formation, powers.

46. \u200b\u200bSupreme Court of the Russian Federation. Structure and powers.

47. Plenum of the Supreme Court of the Russian Federation. Composition and powers. Clarifications of the Plenum of the Armed Forces of the Russian Federation on judicial practice, their meaning.

48. Presidium of the Supreme Court of the Russian Federation. Composition, procedure for formation, powers

49. The Cassation Board of the Armed Forces of the Russian Federation.

50. Judicial college of the Armed Forces of the Russian Federation. Composition, procedure for formation, powers.

51. Chairman of the Armed Forces of the Russian Federation, his authority. Deputy Chairman of the Court. Chairmen of the judicial colleges.

52. World judges. The concept, procedure for appointment (election) and powers.

53. Constitutional Court of the Russian Federation. Powers and place in the judicial system of the Russian Federation. The composition of the court.

54. Decisions of the Constitutional Court of the Russian Federation, their legal significance.

55. Arbitration Courts of the Russian Federation. Their system, tasks and powers. Supreme Arbitration Court of the Russian Federation.

56.Status judges in the Russian Federation. General characteristics.

57. Requirements for candidates for judicial positions.

58. Independence and inviolability of judges, guarantees.

59. Inadmissibility of intervention in the court's activities.

60. The procedure for appointing judges.

61. Suspension of the powers of judges.

62. Termination of the authority of judges.

63. The resignation of judges.

63. The judicial community as an organizational form of ensuring the independence of judges.

64. Authorities of the judicial community.

66. Qualification colleges of judges, the procedure for their formation and authority.

67. Judicial Department under the Armed Forces of the Russian Federation. System and powers. The role of the judicial department in the personnel, organizational and resource provision of courts.

68. The Federal Bailiff Service. System of organs and powers.

69. Bailiffs, their types and powers.

70. Requirements made to persons appointed to the post of bailiff.

71. Preliminary investigation authorities, their tasks.

72. Preliminary investigation authorities. Their task, system and powers.

73. Inquiry authorities. Their tasks, system and powers.

74. Operational search activities (Horde). The concept, tasks, the organs implementing it.

75. Prosecutor's Office of the Russian Federation. Legislation regulating the organization and activities of the prosecutor's office of the Russian Federation.

76. The concept of prosecutor's supervision, the difference from other types of control and supervision, the branch of prosecutor's supervision.

77. Principles of organization and activities of the prosecutor's office.

78. The principle of legality in the organization and activities of the prosecutor's office.

79. Unity and centralization of the prosecution authorities.

80. The principle of the independence of the prosecutor's office.

81. Publicity in the activities of the prosecutor's office.

82. The concept of the branches of the prosecutor's supervision, their system.

83. Prosecutor's supervision of the execution of laws (overall supervision). The subject of the supervision and powers of the prosecutor.

84. Acts of responding to the prosecutor for violations of the law in the implementation of overall supervision.

85. Supervision of respect for human rights and citizen. The subject of the supervision and powers of the prosecutor.

86. Powers of the prosecutor for the supervision of the legality of operational investigative activities, preliminary investigation and inquiry.

87. Powers of the prosecutor for supervision in places of imprisonment, places of detention and enclosed in custody.

88. Powers of the prosecutor for the supervision of the execution of laws by bailiffs.

89. The participation of the prosecutor in consideration by the courts.

90. The system and structure of the prosecution authorities (main provisions).

91. The system and tasks of the military prosecutor's office.

92. The Prosecutor General's Office of the Russian Federation. Composition and structure.

93. The prosecutor's office of the district and the prosecutor's office equal to it. Their composition.

94. College in the prosecution authorities.

95. Requirements for persons appointed by the posts of prosecutors and investigators.

96. Appointment of prosecutors to the position, their accountability. The founding of the liberation of prosecutors from office.

97. The Prosecutor General of the Russian Federation, the order of its appointment, the authority.

98. Prosecutor of the subject of the Russian Federation. The procedure for its appointment and authority.

99. The concept and task of advocacy and advocacy.

100. Legislation on advocacy and the lawyer of the Russian Federation.

101. Laws and responsibilities of a lawyer.

102. Lawyer's status (acquisition, suspension, termination).

103. Suspension and termination of lawyer status. Basis and order.

104. Types of legal assistance provided by lawyers.

105. Providing legal assistance lawyers for free.

106. Forms of lawyers.

107. Bodies of lawyer government. Lawyer Chamber of the subject of the Russian Federation, its bodies.

108. All-Russian Congress of Lawyers. Meetings (conferences) of lawyers.

109. Federal Chamber of Lawyers of the Russian Federation, its bodies.

110. Ministry of Justice of the Russian Federation and its locations. Functions and powers of the Ministry of Justice of Russia.

19. The right to judicial protection. Ensuring access to justice. The right to compensation for violation of the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable time.

The right to judicial protection is expressed in Art. 14 International Covenant on Civil and Political Rights: "Everyone has the right to consider any criminal charges submitted to him ... on a fair and public proceedings of the case by a competent, independent and impartial court established on the basis of the law."

In art. 46 of the Constitution of the Russian Federation recorded: "Everyone guarantees the judicial protection of his rights and freedoms."

In the criminal process, this principle is expressed and guaranteed by a number of rules related to the organization and activities of the court, as well as providing only the court of the right to recognize the accused guilty.

Restriction of constitutional rights and freedoms of citizens with measures of criminal procedure coercion requires a judicial permit (Art. 23, 25, and others. Constitution of the Russian Federation).

The state provides victims to justice (Art. 52 of the Constitution of the Russian Federation).

The victim has the right to appeal against the refusal to initiate a criminal case, if this refusal deprives him of protecting his rights and freedoms in court.

The victim has the right to complain to the court to the unjustification of the termination of the case under the preliminary investigation, since such a decision violates its constitutional right to judicial protection and compensation for damaged harm (Art. 6, 7 at PC).

The suspect, accused (and in the event of the death of the accused his close relatives), do not agree with the termination of the case on the grounds that affect their good name, violate their rights, may require a trial of the case for complete rehabilitation (p. 8h. 1, p. 3 , 4 h. 5, Art. 5, Art. 6, 7 CPC).

With the right to judicial protection, it is closely related to the rule that no one can be deprived of the right to consider his case in the court and the judge, whose jurisdiction is related to the law (paragraph 1 of Art. 47 of the Constitution). This requires a clear definition in the law of cases, sought to each court, the inadmissibility of a higher court to take care of its consideration, the mainstream court without a petition for this accused (Art. 35-8, 40 of the Code of Criminal Procedure).

In the cases stipulated by the Federal Law, the accused has the right to consider his case by the court with the participation of jury meetings (part 2 of Art. 47 of the Constitution, Art. 424 Code of Criminal Procedure).

2. The state provides victims to justice (Art. 52 of the Constitution of the Russian Federation).

This means that the appeal of the victim into court in accordance with Art. The Code of Code should not be connected with any conditions except those specified in the Code of Criminal Procedure.

The victim should have the right to appeal in court a refusal to initiate a criminal case, if this refusal deprives him of protecting its rights and freedoms in court.

The suspect, the accused (and in the event of the death of the accused his close relatives), not consonant with the cessation of the case on the grounds that affect his good name, violate its rights, may require a trial of the case for complete rehabilitation. With the right to judicial protection, it is closely related to the rule that no one can be deprived of the right to consider his case in the court and the judge, whose jurisdiction is related to the law (paragraph 1 of Art. 47 of the Constitution). This requires a clear definition in the law of cases, sought to each court, the inadmissibility of a higher court to take care of its consideration, the mainstream court, an exception to the law of indefinite signs of jurisdiction, such as "special difficulty" or "special social importance".

In the cases provided for by the Federal Law, the accused has the right to consider his case by the court with the participation of jury meetings (paragraph 2 of Art. 47 of the Constitution, Art. 424 of the Code of Criminal Procedure). In cases stipulated by law, the accused has the right to consent to the consideration of his case by the judge solely or the collegial composition of the court (judge and two assessists or a collegium of three professional judges) -ch. 2 tbsp. 35 CPC, 3 and 4 tbsp. 267 CPC, part 8 Art. 432 CPC.

3. On May 4, 2010, the Federal Law "On Compensation for Violation of the right to proceedings within a reasonable period or the right to fulfill the judicial act within a reasonable period" came into effect in Russia.

Article 1. The right to compensation for violation of the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable time.

One of the ways to protect the citizens of their rights, including with an unlawful deprivation of housing, is the appeal to court. But sometimes, even when, the torment of citizens do not end, since the court decision is not always executed immediately. Forced execution of the court decision is carried out by the bailiff service. Bailiffs excite enforcement proceedings on the basis of an executive document (executive list or judicial order). But the activities of the bailiffs of the executors often do not contribute to the execution of court decisions within a reasonable time.

The right to judicial protection in the Russian Federation, guaranteed by Art. 46 of the Constitution of the Russian Federation, includes actually the right to trial, as well as the right to execute a court decision within a reasonable time. Given the provisions of the Convention on the Protection of Human Rights and Fundamental Freedoms (Article 6), as well as the relevant practice of the European Court of Human Rights, the rights under consideration should be implemented within a reasonable time.

One of the remedies for the right of persons to a fair trial, as well as the execution of a judicial act within a reasonable time, became the Federal Law of April 30, 2010 No. 68-FZ "On compensation for violating the right to legal proceedings within a reasonable time or right. On the execution of a judicial act within a reasonable term, "as well as the provisions of the articles of the Code of Civil Procedure of the Russian Federation.

In accordance with Art. 244.1. It is entitled to apply to the court with a statement to award compensation for violation of the right to legal proceedings within a reasonable time or right to execute a judicial decision within a reasonable time.

It is important to repeat once again that a statement about awarding compensation for violation of the right to execute a court decision within a reasonable term, a citizen may apply only if the executive officer is a state authority, a local government body, other body, organization, institution, official face. That is, if a different citizen or a commercial organization does not fulfill the court decision, then it is impossible to apply for this compensation.

An application for awarding compensation for violation of the right to fulfill the judicial act within a reasonable period may be submitted to court during the execution of a judicial act, but not earlier than six months from the date of the expiration of the term established by the Federal Law for the execution of a judicial act (the general rule - two months From the moment of the executive list of bailies), and no later than six months from the date of the end of the proceeding of the judicial act.

In accordance with Art. 3 of the Federal Law of April 30, 2010 N 68-FZ "On compensation for violating the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable term" a statement on awarding compensation for violation of the right to execute a judicial act within a reasonable term is submitted to court General jurisdiction, if the requirement to award compensation for violation of the right to fulfill the judicial act within a reasonable time caused by a long non-performance of the judicial act of the court of general jurisdiction. An application for awarding compensation for violation of the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable time as a court of first instance is considered: the Supreme Court of the Republic, the regional court, the regional court, the court of the city of the federal value, the court of autonomous region, the Autonomous Court , District (Fleet) Military Court - on cases, susso world judges, district courts, garrison martial vessels.

The described compensation is awarded by the court in the event that such a violation took place for reasons that did not depend on the person who was applied to the award of compensation, with the exception of emergency and unhappy circumstances under these conditions (irresistible force).

Compensation for violation of the right to proceedings in a reasonable time or right to execute a judicial act within a reasonable time is awarded by the Court in cash. The amount of compensation is determined by the court on the basis of the applicant's claims, the circumstances of the case in which the violation was allowed, the duration of violation and significance of its consequences for the applicant, as well as taking into account the principles of rationality, justice and practices of the European Court of Human Rights.

When considering the court for awarding compensation for violation of the right to:
- execution within a reasonable period of the judicial act on the claim to the Russian Federation, the subject of the Russian Federation, the municipal education on compensation for the harm caused to a physical or legal person as a result of illegal actions (inaction) of state bodies, local governments or their officials, the interests of the Russian Federation, The subject of the Russian Federation, the municipality represents the relevant financial authority;
- Execution within a reasonable period of a judicial act, providing for the appeal of the federal budget, the budget of the constituent entity of the Russian Federation, the local budget for the monetary obligations of budgetary institutions, the interests of the Russian Federation, the subject of the Russian Federation, the municipality represent the relevant financial authority and the main owner of the relevant budget.

Legislative consolidation of the described method of protection (recovery) of citizens' rights, unfortunately, is currently not very actively used by citizens in practice. This is evidenced by an overview of the practice of the Chelyabinsk Regional Court, approved by the Presidium of the Chelyabinsk Regional Court on February 12, 2014. In accordance with this review, only 32 applications received 32 statements in 2013, which is 29 applications or 47.5% less than 2012 (61 statements). From among the applications received in 2013, 6 cases were initiated and considered, which is 2 cases, or 50% more than in 2012 (4 cases). Of the applications received only 2 for violation of the right to fulfill the judicial act within a reasonable time, which is 24 applications, or 92.3% less than in 2012 - 26 statements.

In early February 2014, the media contains information that the Ministry of Justice of Russia should submit to the fall of 2014 a draft amendments to a number of legislative acts concerning the regulation of the execution of judicial acts providing for the fulfillment by the state of obligations in nature. " We are talking about the introduction of compensation for Volokut, when the state does not fulfill the "natural" court decisions for a long time, for example, no apartments of the former military. The reason for such changes to the legislation is the presence of a number of decisions of the European Court of Human Rights, which citizens did not achieve the execution of court decisions.

We also present you an exemplary sample application to court for this category of affairs.

In the Chelyabinsk Regional Court

Applicant ___________________________
Address: ______________________________
The authority that is not executing a court decision:

_____________________________________
Stakeholder: Ministry
finance of the Russian Federation in the face of management
Federal Treasury for Chelyabinsk
Region

Application for awarding compensation for violation of the right to execute a judicial resolution within a reasonable time

"___" ____________ of the year, a court decision was made, about _________________________________________________________________________.
However, throughout ____________ years since "____" ____________, when executive proceedings were initiated, not taken measures to fulfill the court decision.

The total duration of the production of the judicial resolution is ________________.

Thus, my right to fulfill the judicial ruling in a reasonable time, in connection with which I believe that I have the right to compensation in the amount of ________________________.

Violation of my right to fulfill the judicial resolution in a reasonable time led to _________________________________ (describe adverse effects).

The precedent practice of the European Court of Human Rights shows that "not fulfilling for a long period of court decisions made in favor of the applicant, the authorities of the Russian Federation were deprived of the applicant" Rights to Court ", as well as the possibility of obtaining the money he had the right to receive on the basis of entered into legal force and mandatory for the execution of a court decision. The European Court stated the violation by the authorities of the Russian Federation of paragraph 1 of Article 6 of the Convention and Article 1 of Protocol No. 1 to It "(Resolution of the European Court of Human Rights on Complaint No. 374/03" Volokitin against the Russian Federation "; Regulation on the complaint № 3790/05" LLC "Production and trading company Mercury against Russia", a resolution of October 25, 2011 in the case "TKhegeppso and Other against the Russian Federation", etc.).

"Failure or overly long-term non-fulfillment by the State party to the Convention of the Court's decision against him may be a violation of a citizen's right to a trial guaranteed by paragraph 1 of Article 6 of the Convention (see the decision of the European Court of Bords against the Russian Federation (N 1)" (Bourdov v. russia (N 1)), complaint N 59498/00, § 34, ECHR 2002-III). In addition, the long-term failure to fulfill the court decision may violate the law of a citizen for respect for his property, if it is established that the court decision made in his favor causes debt to be qualified as "property" in the sense of Article 1 of Protocol No. 1 to the Convention (see . The above-mentioned Resolution of the European Court in the case of the "Bords against the Russian Federation (N 1)" (Bourdov v. Russia (N 1)), § 40), indicates the European Court of Human Rights in the decision of April 17, 2012 in the case " Ilyushkin and others (Ilyushkin and Others) against the Russian Federation. "

The ruling of the European Court in the case of "Burds against the Russian Federation also indicates that the concept of" requirement "can be understood as" property "in the meaning of article 1 of Protocol No. 1 to the Convention in case sufficiently established that it can be legally implemented.

By making decisions on such cases, the European Court, in addition to the recognition of the fact of violation of rights, also charges compensation for moral damage from the Russian Federation.

Based on the above and guided by the provisions of the Federal Law of April 30, 2010 N 68-FZ "On compensation for violating the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable term" and chapter 22.1 of the Civil Procedure Code of the Russian Federation,

I ask the court:

1. To recover compensation for violation of the right to fulfill the judicial decision within a reasonable period of ___________________________.
2. List funds to be recovered to account ______________________________________________ [Requisites of the applicant's bank account]

Application:
1. Copy of the application.
2. A copy of the court decision ______________________________________________
3. __________________________________________________________________

"___"___________ of the year __________________

Reasonable terms of proceedings and execution of judicial acts

Compensation for violation of the right to proceedings within a reasonable time or right to execute a judicial act within a reasonable time

19. The right to judicial protection. Ensuring access to justice. The right to compensation for violation of the right to legal proceedings within a reasonable time or right to execute a judicial act within a reasonable time.

The best articles on the topic