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This bill is designed to meet the requirements of the European Court of Human Rights concerning the establishment of effective legal mechanisms to protect rights abused by systemic violations such as non-observance of reasonable terms for completion of judicial proceedings and for enforcement of judgments awarded. The Russian Constitutional Court has also adjudicated on the need for compensatory mechanisms to protect the right to trial within a reasonable time and the right to judgment enforcement within a reasonable time.
The bill guarantees to citizens of Russia, foreign citizens, stateless persons, Russian, foreign and international organisations observance of the right to trial within a reasonable time and the right to judgment enforcement within a reasonable time, the violation of which is the basis for claiming fair compensation. Thus conceived, the concept of proceedings includes not only the duration of the trial itself, but also that of pre-trial criminal proceedings.
The execution of court rulings on compensation for the violation of the reasonable duration of legal proceedings will draw on the federal budget funds while those concerning the violation of the right to the enforcement of judgments within a reasonable time will draw on either the federal budget, regional budgets or local budgets.
The bill will be considered concurrently with the draft federal constitutional law amending federal constitutional laws On Arbitration Courts in the Russian Federation and On Military Courts in the Russian Federation, and the bill amending certain other legislative acts in connection with the adoption of the Federal Law On Compensation for Violation of the Right to Trial within a Reasonable Time or the Right to Judgment Enforcement within a Reasonable Time.
March 22, 2010