Grounds for the right to compensation for violation of the right to a fair trial within a reasonable time or the right to execute a judicial act within a reasonable time

In order to study the grounds for the right to compensation for violation of the right to a fair trial within a reasonable time or the right to execute a judicial act within a reasonable time, the author at first considers such concepts as the reasonable time of a trial, the reasonable time for execution of a judicial act, the failure to meet the reasonable time of a trial, and the failure to meet the reasonable time for execution of a judicial act. Based on the review of the current legislation, the author identifies three grounds for compensation: 1) violation of the right to a fair trial within a reasonable time; 2) violation of the right to execute a judicial act which provides for the recovery of funds from the budgets of the budgetary system of the Russian Federation within a reasonable time; 3) failure to meet the reasonable time of pre-trial criminal proceedings. The review of Part 3, Article 6.1 of the Civil Procedural Code of the Russian Federation and the Arbitration Procedural Code of the Russian Federation, as well as Part 3, 3.1, Article 6.1 of the Criminal Procedural Code of the Russian Federation, shows that these articles contain the criteria for determining the reasonable time of a trial, including pre-trial proceedings, which also apply to the reasonable time for execution of judicial acts (Part 5, Article 6.1 of the Civil Procedural Code of the Russian Federation and the Arbitration Procedural Code of the Russian Federation). Therefore, the current procedural legislation contains ambiguous (vague) definitions of the concepts of the reasonable time of a trial and the reasonable time for execution of a judicial act. This paper provides the concepts of the reasonable time of a trial and the reasonable time for execution of a judicial act as defined by different authors in the legal literature. A number of authors think that the time limit of a civil trial is to be three years. The author of this paper challenges this opinion for the following reasons. The judicial practice suggests that in some cases civil trials of shorter than three years may entail a violation of the right to a fair trial within a reasonable time, while civil trials of longer than three years may not. As follows from the practice of the Moscow Regional Court, the reasonable period of a trial is not always limited to three years. In this context, the opinion of some authors that the concept of the reasonable time of a trial is of judgmental nature is recognized as justified, since each civil case is individual and may be prolonged due to unforeseeable circumstances. Based on the foregoing, the author defines the concepts of the reasonable time of a trial and the reasonable time for execution of a judicial act. Relying on the proposed concepts of the reasonable time of a trial and the reasonable time for execution of a judicial act, in connection with provisions of Part 1, Article 1 of the Federal Law No. 68-FZ dated April 30, 2010, Part 3, 5 of Article 6.1, Parts 2, 3, Article 244.1 of the Civil Procedural Code of the Russian Federation and Parts 3, 5, Article 6.1; Parts 2, 3, Article 222.1 of the Arbitration Procedural Code of the Russian Federation, the author defines the concepts of the failure to meet the reasonable time of a trial and the failure to meet the reasonable time for execution of a judicial act.

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