Consideration of cases on compensation for violation of the right to trial within a reasonable time and the right to execution of a judicial decision within a reasonable period in arbitration courts

Adopted in 2010, the Federal law "On compensation for violation of the right to trial within a reasonable time or the right to execution of a judicial act within a reasonable time", which entered into force on May 4, 2010, according to some researchers, did not solve all the problems related to compliance with a reasonable time of proceedings and execution of court acts. The practice of application of the Law has already identified some issues that require detailed study and finding ways to resolve them. Thus, considering the legal framework and the practice of production for reviewing applications for compensation for violation of the right to trial within a reasonable time or the right to execution of a judicial decision within a reasonable time, on the basis of the conducted research, the author comes to the following conclusions: 1. The notion of "reasonable time" of the proceedings is a matter of judgment, which largely depends on the discretion of the judge. 2. The determination of compensation for the violation of the right to trial within a reasonable time or the right to execution of a judicial decision within a reasonable time. 3. The unresolved question about the definition of the legal nature of the compensation and the establishment of the balance of this type of compensation with other remedies, including compensation for moral damage. 4. Need in more details on the question of the guilt of the participants of the proceedings in violation of the reasonable time frame for awarding compensation, as well as about the possible expansion of the circle of persons entitled to compensation for the violation of the right to execution of a judicial act within a reasonable time. 4. The urgent problem of the correlation of the rules on compensation for violation of the right to trial within a reasonable time or the right to execution of a judicial act within a reasonable time and redress. 5. The factors that have a negative impact on the timing of litigation: poor organization of the judicial process; adjournment of the hearing without sufficient grounds for a long time, without assigning the next court date; lack of control over the conduct of the examination; long inaction after the conclusion of the examination; failure to remit the case to a higher authority; repealing decisions of the courts of first instance in connection with significant violations of law. 6. To increase the effectiveness of the considered legislative act it is necessary to strengthen the oversight and monitoring of its implementation, to achieve certainty of those responsible for their failure.

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