Reasonable term: definition. Violation of reasonable time for legal proceedings. Compensation for violation of reasonable time limits for legal proceedings

For a long time there was a dispute about what to do to citizens whose cases in courts are considered for an extremely long time. The discussion concerned both punishment of the guilty parties and compensation for violation of a reasonable time spent on an individual case.

What documents are regulated

Legislation consists of several acts:

• The Convention on the Protection of Human Rights of 1950 as part of Russian law.
• The Law of the Russian Federation of April 10, 2010 "On compensation for violation of the right to review the case within a reasonable time" (hereinafter FZ-68).
• CAS RF, which deals with issues of compensation for delay in the consideration of cases in the courts of general jurisdiction - administrative, civil, criminal cases and cases on the Code of Administrative Offenses.
• AIC of the Russian Federation, concerning questions of indemnification for a delay of consideration of arbitration business and / or execution of the decision on it.
• Resolution of the Plenum of the RF Armed Forces dated 29.03.2016 with explanations on the application of the law on the right to compensation and the notion of "reasonable time".

Previously, the explanations adopted by the general resolution of the Supreme Arbitration Court and the Armed Forces of the Russian Federation in 2010 acted.

The notion of a reasonable term

In procedural codes, all procedures have a clearly defined time. Investigators and judges do not have the right to go beyond it, if there are no legitimate reasons for that. A reasonable term implies the absence of delays that nullify the effectiveness of the judicial procedure or the meaning of the application to the court. This includes the speed of the proceedings and the effectiveness of the execution of the court decision.

But practice shows that compliance with deadlines is often impossible for reasons not depending on the judge or other officials. The essence of the problem is to find a balance between the actions of the authorities and the actions of the parties, which could also lead to a delay.

Essence of compensation for violation of reasonable terms

The right to a court is included in the category of intangible benefits, and all persons have the right to receive compensation in case of violation of it. It has nothing to do with material losses due to delays in the case and is analogous to the payment for moral harm. Therefore, subsequently, it is only possible to collect material damage from the actions of individual officials or authorities.

The right of claim arising out of criminal cases

A reasonable period is considered to be violated if:

• In the presence of suspects or accused;
• The investigation was suspended, since there is no evidence to admit a certain person to the accused;
• The property of the person or organization responsible for the actions of the suspect or accused, who themselves are not suspects or accused, has been arrested;
• The case was terminated due to the expiry of the limitation period, which became possible due to illegal refusals to initiate a case that was subsequently canceled, and / or the position of the investigative authorities and the prosecutor's office repeatedly changed.

The last point is valid if the victim himself did not delay the application.

When is compensation not paid? The reasonable term of the proceedings does not concern:

• Consideration of complaints under Art. 125 CCPs;
• Consideration of applications for parole.

Right of claim in other cases

Restrictions are absent when the interests of the budget are affected, and as the subject of responsibility are:

• The Russian Federation;
• government departments;
• Municipal authorities (councils, councils, administrations created by elected bodies);
• Regional state authorities (regional and republican governments, for example);
• State and municipal enterprises, organizations, independently, responsible for their obligations;
• And also if some of the above-mentioned subjects bear responsibility in the case.

Law FZ-68 does not concern the process of collecting funds from citizens or from private organizations, provided that the person who receives or transfers budget funds does not take part in the case. For example, compensation is not paid for non-fulfillment of FSSP obligations to collect alimony, but the right to claim damages remains. Thus, for execution, a reasonable time is still extended, but in a slightly different form.

Who can ask for compensation

FZ-68 indicates:

• Parties to the case;
• Third parties;
• Participants in the criminal process, whose rights, including property, are affected.

Right have:

• Russian citizens;
• Foreigners;
• Russian organizations;
• Foreign organizations;
• Other persons on whom the law directly indicates.

Thus, compensation, reasonable terms concern all without exception.

The prosecutor has the right to represent the interests of an elderly person or another socially unprotected person who does not have the money to pay for legal services.

The right does not pass to heirs or is not transferred for money or otherwise, it belongs exclusively to one person or organization. Death or liquidation is the basis for the court to close the case. Inheritance or continuity is not permitted.

Which courts are sent cases

Courts of first instance in the category of cases under discussion are the following courts:

• City;
• Regional;
• Marginal;
• District military courts;
• Appeals arbitration courts.

The first three instances deal with applications on civil and criminal cases, the fourth instance - with statements on civil and criminal cases, examined by military courts. The last category of courts deals, respectively, with applications for arbitration proceedings.

The Supreme Court is the supervisory authority for all other dispute resolution bodies in criminal cases and civil legal relations. According to the previous law, only the Armed Forces dealt with compensation claims.

The application is submitted to the court, in which the materials of the relevant case are located, then sent to the one that will already be engaged in the application. For example, an application is submitted or sent by mail to the district court, then it will be sent by employees with all materials to the regional or regional or city court of a city of federal significance.

Important nuance

The reasonable term of the citizens' rights is directly affected, but it will be possible to prove the violation only by observing a number of formalities. The procedural codes set forth the provisions on the reasonable time for conducting the investigation and the consideration of cases by the courts.

But only at the stage when the case is already in court, a complaint is lodged to the chairman who considers it and has the right to oblige the judge to speed up the process and take concrete actions and measures. The right does not mean a duty, however, regardless of the results, the fact of treatment serves in the future as a good help in proving one's rightness.

Despite the absence of direct instructions in the law, the violation of the terms by the investigator or the investigator is appealed to the head of the investigative or inquiry body, and this fact is necessarily taken into account.

Criteria by which judges should be guided

Judges should pay attention to certain criteria:

• Confusion of facts, ambiguous legislation;
• Actions of the participants in the case (appearance in court or to the investigator, timeliness of providing evidence, committing other actions);
• The criminal case takes into account the quality of the actions of the judge, investigator, inquirer, head of the inquiry or investigation body, the prosecutor to speed up the investigation or the trial;
• Total duration of the process and / or enforcement proceedings.

It is forbidden to take into account circumstances related to organizational issues (lack of staffing of the court or investigative bodies, quality of performance of duties by employees).

Almost all cases go through all available instances, and the fulfillment of the terms by the appellate or cassation instance, if they are not followed by the district court, still leads to a violation of the right to proceed in a reasonable time.

The main violators (the first instance) among the investigators are policemen. They objectively get most of the cases.

In a criminal case, a reasonable period is counted from the time of the person's involvement, in the status of the suspect, to responsibility and before the adoption of the last act of the court or investigative body, if the case did not go to court. In other cases - from the day the court adopts the statement of claim in the office and until the last court decision on the case.

After what time to apply to the court

Compensation for the violation of reasonable time limits of proceedings is limited to the time periods that must pass before the application is sent to the court:

1. The circulation term is not less than 6 months after the last act, provided that the proceedings took at least 3 years and there was a request to speed up the process;
2. In the case of a criminal case, the period of production is not less than 4 years, if the defendant is involved in the case, and there was an appeal for speeding up the investigation or the trial process.
3. In the absence of the accused, from the moment of filing the application to the suspension of the investigation, at least 4 years must pass before officials have taken sufficient measures.
4. Illegal seizure of a third party's property in a criminal case must last at least 4 years.

Exceeding the 4-year term entitles you to compensation, provided that no final decision at the level of the investigation or the court has been taken in the case.

How is a reasonable time taken into account when executing a judicial act? The period allocated for execution should expire - on average 3 years. The application to the court is filed not earlier than six months after the expiry date.

Application form

The above statement must include the following information:

• The name of the court;
• Data of the respondent body;
• Name or name of the claimant-organization;
• Information on judicial and other acts adopted by the authorities (resolutions of the investigator, prosecutor, bailiff);
• Length of time for passing the case through investigative bodies, inquiries, courts;
• Known facts that affected the violation of the timing of the proceedings;
• Justification of the amount of compensation - how important is the right to legal proceedings within a reasonable time in a particular situation;
• The description of the attached documents, their copies by the number of participants;
• Substantiation of the opinion of the prosecutor about the social insecurity of the person whom he represents (disabled, elderly, minors);
• Proof of sending to the respondent copies of documents that he may not have;
• A copy of the diploma of a lawyer-representative if he is not an attorney or a prosecutor (without the claim he will not be accepted);
• Name of the applicant, his signature, date.

In addition, the bank account data is attached, to which the money will be transferred in case of winning the case, and a receipt for payment of the state duty.

Trial

The right to legal proceedings is protected in a reasonable time in the same way as others. The judge, having accepted the claim, having determined the day of the first meeting, sends the defendant materials and obliges to provide an explanation. Ignoring the request will result in a fine (for the official at least 10 thousand rubles., For the organization - at least 30 thousand rubles.). Then the court goes through the following stages:

1. The meeting is announced, the case number.
2. The judge appears to represent the secretary.
3. It turns out who came, who did not.
4. The applicant summarizes the circumstances of the claim.
5. The evidence is being studied.
6. The judge, if necessary, requests materials at the request of the participants in the case or on his own initiative.

The public authority is obliged to prove the correctness of its actions, the plaintiff remains obliged to prove the facts to which he refers. From the date of submission of the application to the court, 2 months are required to decide on the case.

The process and terms of appeal

To write an appeal, a month is given from the day the decision is made. She goes either to the court that made the decision on compensation, or to the one where the appeal proceedings will be conducted.

The Armed Forces of the Russian Federation act as the first instance if the case in connection with which the application is submitted was considered in the regional or city or regional or Armed Forces of the Republic. In other cases, the case passes two instances (the first and the appeal) in the relevant regional, regional, Armed Forces of the Republic, cassation and supervision are held in the Armed Forces of the Russian Federation.

The case, considered in the Armed Forces of the Russian Federation, looks like a judge in the first instance, then the right to file a complaint with the Board of Appeal is given.

How to write an appellate, cassation or supervisory complaint

The complaint should include the following information:

• The name of the court;
• Name of the author of the complaint, representative;
• Arguments, references to evidence;
• Violations that occurred during the adoption of previous decisions (ignoring the facts or accepting unproved facts, their incorrect evaluation, non-acceptance of evidence, misinterpretation of the law);
• Please cancel the decision and accept the new one;
• Description of the attached documents;
• Copies of documents by number of participants;
• The applicant or representative places his signature and the date of sending the complaint.

The time limit for sending a cassation appeal is 6 months, for sending a supervisory complaint - 3 months from the date of decision-making. The complainant, who did not keep within the allotted time, will return the papers, not taking decisions on them in essence, if there is no validity of missing the deadline. More often than not, it is a disease or a delay in the actions of the previous instance to issue copies of decisions.