Some problems of a compensation procedure

The effectiveness of the Federal law of the Russian Federation “On the compensation for the violation of the right to a trial during a reasonable time or the right to the execution of a judicial act in a reasonable time” dated 30.04.2010 №68-ФЗ has been analyzed on the example of judicial practice on awarding the compensation for the violation of the right to a trial during a reasonable time in Tomsk and Voronezh regional courts. The author of the present article provides statistics on applications on awarding the compensation for violations of the right to a trial during a reasonable time or the right to the execution of a judicial act in a reasonable time in 2010-2013 since the Federal law № 68-ФЗ came into force. She points out the number of both examined applications on which the decisions were passed and returned applications according with Article 244.6 of the Civil Procedural Code of the Russian Federation ( reasons for return provided by Article 244.6 are given). Having analyzed the judicial practice of Tomsk region, the author concludes that there is a tendency for decreasing the number of submissions on compensational matters to Tomsk regional court because during the first year and 7 months (2010-2011) of operation of Law №68-ФЗ the number of submissions for compensation was greater than in 2012 and 2013. In 2010-2013 Tomsk regional court didn’t take decisions on awarding damages because many applications were returned, the procedure in a number of cases was discontinued and some applications on compensation were rejected. In this connection, the example from the Voronezh regional court’s practice on awarding damages has been given. Thus, according to the decision of Voronezh regional court dated 21.06.2010 the Russian Federation ex parte the Ministry of Finances of the Russian Fed eration paid the compensation to X. from the budgetary funds. The compensation (3000 rubles) was adjudged for the violation of the right to court procedure in a reasonable time because 7 years 2 months have passed from the claim to the court of first instance to the last court decision on the case. The analysis of the above example proves the Law № 68-ФЗ to be an effective remedy against red-tapery in court procedure. The author proposes to increase the time period for consideration of cases by the courts of general jurisdiction to 3 months for the purpose of detailed and full consideration of civil cases in a reasonable time.

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