of August 24, 1993 No. 7
About terms of consideration of criminal and civil cases by courts of the Russian Federation
Having discussed results of generalization of practice of observance by courts of the Russian Federation of terms of consideration of criminal and civil cases, the Plenum states that annually considerable part of legal cases is considered with violation of fixed terms.
Basic reasons of violation of procedural terms of consideration of criminal and civil cases are the shortcomings and omissions of activity of the courts connected first of all with the unsatisfactory organization of legal procedure, decrease in performing discipline, insufficient control from chairmen of the relevant courts.
Not isolated cases when contrary to requirements of Art. 227 of the Code of Criminal Procedure of the Russian Federation and Art. 154 of the CCP of the Russian Federation without any bases to that criminal and civil cases are appointed to hearing with notorious violation of the terms provided by the law, sometimes in several months after receipt in court including when defendants are in custody.
Cases when owing to superficial studying of the criminal case file at stage of preparation for judicial session, omissions by preparation of civil cases for trial, the untimely notice of participants of legal proceedings, the unreasoned organization of legal procedure and other reasons of subjective nature of hearing of cases it is repeatedly postponed meet. At the same time motives of adjournment often are not given in determinations (resolutions), date of new trial is not specified. Control of timely renewal of production on such cases quite often is absent.
In separate courts unreasonable refusals to interested persons in justice on civil cases are allowed.
All this causes unjustified additional material costs and reasonable complaints of participants of process.
Cursory examination of some criminal and civil cases on the first instance leads not only to cancellation of sentences and decisions in appeal, cassation and supervising procedure, but also to essential increase in terms of acceptance of the final decision on cases.
On many criminal cases production of the minutes and acquaintance with it of the parties drags on that attracts violation of terms of the direction of cases with the arrived claims and submissions to appeal or cassation instance and, eventually, untimely execution of sentences.
The bad organization of legal procedure and insufficiently responsible attitude to execution of the job and service duties from certain judges and workers of the device become sometimes the reason of the red tape especially intolerant when it attracts long stay of defendants under guards.
The Supreme Courts of the republics, the regional, regional and corresponding to them courts, considering cases in cassation and supervising procedure, extremely seldom pay attention and react to violation by Trial Courts of the terms of consideration of criminal and civil cases established by the law.
The plenum notes that the negative impact on terms of consideration of legal cases is made also by such factors as unsatisfactory material logistics of many courts, insufficiently accurate work of convoy divisions of law-enforcement bodies, frequent refusals of lawyers of participation in processes according to the procedure of Art. 51 of the Code of Criminal Procedure of RSFSR.
Some provisions of the existing procedural law regulating procedure and terms of consideration of legal cases need enhancement.
For the purpose of ensuring observance of procedural terms of consideration of criminal and civil cases with courts and elimination of the facts of red tape the Plenum of the Supreme Court of the Russian Federation decides:
1. To all courts of law to take necessary measures to elimination of noted shortcomings, to strict observance of procedural terms and improvement of quality of consideration of criminal and civil cases, exception of the facts of red tape in case of judicial review of case.
2. Draw the attention of judges to need of increase in their personal liability for timely and high-quality consideration of each legal case.
3. Recommend to chairmen of the courts to take necessary measures for improvement of the organization of operation of offices of courts and increase in performing discipline, to strengthen control of timely consideration of legal cases, paying special attention on those from them on which defendants are held in custody.
4. Recommend to the Supreme Courts of the republics, to regional, regional courts, courts of the federal cities, courts of the autonomous region and autonomous areas, district (naval) public courts to strengthen supervision of observance of terms of consideration of criminal and civil cases by subordinate courts, not to leave the facts of violation of these terms without proper reaction.
5. Draw the attention of courts to inadmissibility of the refusals to interested persons in justice on civil cases (illegal refusals in adoption of statements or cessation of production on cases based on their not jurisdiction to courts of law) attracting violation of Art. 46 of the Constitution of the Russian Federation guaranteeing everyone judicial protection of its rights and freedoms and also on inadmissibility of illegal return and leaving of statements without movement, without consideration or superficial suspension of production on cases that leads to violation of the rights of interested persons and red tape.
Courts need to carry out carefully preparation of civil cases for legal proceedings, meaning that omissions and shortcomings at this stage of process attract violation of terms of hearing of cases, infringe at the rights of participants of legal proceedings and often lead to removal of illegal and unreasoned decisions.
6. Courts should observe strictly requirements of Art. 359 of the Code of Criminal Procedure of the Russian Federation, the Art. of Art. 325 and 343 of the CCP of the Russian Federation about the direction of cases in appeal or cassation instance immediately after the term established for appeal of the judgment and accomplishment of the necessary actions connected with appeal or cassation consideration of the case.";
Requested for check according to the procedure of supervision (Art. 406 of the Code of Criminal Procedure of the Russian Federation, Art. 381 of the CCP of the Russian Federation) of case shall be sent no later than the next day after receipt of request.
7. To judges of the Supreme Court of the Russian Federation by consideration of criminal and civil cases in cassation and supervising procedure, and also in case of departure on places for rendering the practical help to courts to pay special attention on observance of procedural terms of hearing of cases by them.
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