Holders of 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

This paper analyzes the holders of 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. Based on the applicable laws, it considers the question of whether all parties to the civil procedural relations are the holders of 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 this context, the author determines the following holders of 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: 1) plaintiffs and defendants in adversary proceedings; 2) creditors and debtors in writ proceedings; 3) claimants and interested parties in special proceedings; 4) claimants and interested parties in proceedings arising from public legal relations; 5) claimants and interested parties in special insolvency / bankruptcy proceedings; 6) third parties filing / not filing their own, separate claims for the subject of the dispute. In other words, these are persons with a substantive (personal) interest in the outcome of the case. Persons entitled to apply to a court for compensation for violation of the right to a fair trial within a reasonable time or the right to execute a judicial act are listed in Part 1, Article 1 of the RF Federal Law No. 68-FZ of April 30, 2010 "On the 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"; Part 1, Article 4 and Part 1, Article 222.1 of the Arbitration Procedural Code of the Russian Federation; Part 1, Article 250 of the Administrative Court Proceedings Code of the Russian Federation. Taking into account the applicable regulations of the Civil Procedural Code and the Arbitration Procedural Code of the Russian Federation, the author attempts to determine other interested parties who are authorized to apply to a court for compensation for violation of the right to a fair trial within a reasonable time or the right to execute a judicial act in case of direct legal provisions. The author analyzes the legal status of the prosecutor as a holder of the right to compensation. The judicial practice demonstrates either a passive role of the prosecutor in enforcing effective protection of a violated citizen's right to a fair trial within a reasonable time or the right to execute a judicial act within a reasonable time, or compliance with the requirements for a reasonable time of a trial by a court and non-violation of the right to execute a judicial act aimed at recovering funds from budgets of the budgetary system of the Russian Federation. On the basis of the foregoing, the author proposes to establish, within the judicial system of each federal subject of the Russian Federation, a special body to monitor compliance with the requirements for a reasonable time of a trial by courts of general jurisdiction and arbitration courts, as well as for execution of judicial acts aimed at recovering funds from budgets of the budgetary system of the Russian Federation. In addition, the author formulates the concept "holders of the right to compensation".

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