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RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of December 27, 2007 No. 52

About terms of consideration by courts of the Russian Federation of criminal, civil cases and cases on administrative offenses

(as amended on 09-02-2012)

The plenum of the Supreme Court of the Russian Federation notes that non-compliance with terms of consideration of criminal, civil cases and cases on administrative offenses significantly violates the constitutional right of citizens on judicial protection guaranteed by article 46 of the Constitution of the Russian Federation.

According to Item 1 of article 6 of the Convention on the human rights protection and fundamental freedoms which is owing to part 4 of article 15 of the Constitution of the Russian Federation component of system of law of the Russian Federation everyone in case of dispute on its civil laws and obligations or in case of presentation of any criminal charge to it has the right to fair and public trial of case in reasonable time by the independent and just trial created based on the law.

Taking into account requirements of this regulation, and also provisions of the subitem "c" of Item 3 of article 14 of the International Covenant on Civil and Political Rights criminal, civil cases and cases on administrative offenses shall be considered without unjustifiable delay, in strict accordance with rules of practice which important component are terms of hearing of cases.

Results of the carried-out generalization demonstrate that chairmen of district courts, and also courts Supreme, regional, regional and equal to them in general exercise constant control behind observance of procedural terms of hearing of cases, measures for ensuring the correct and their timely permission are taken, the events directed to elimination of the reasons generating unjustified tightening of terms of legal proceedings are held.

In case of identification of the facts of red tape, gross or systematic violation by judges of the procedural terms leading to infringement of the rights and legitimate interests of citizens by hearing of cases, qualification boards of judges in the procedure established by the law bring judges to disciplinary responsibility including in the form of early termination of their powers.

The specified measures, and also other events held for the purpose of implementation of legal proceedings in the terms established by the law provided reduction of quantity of the criminal and civil cases considered with violation of terms despite the continuing growth of receipts of such cases in courts.

At the same time in a number of subjects of the Russian Federation the share of the criminal and civil cases considered by courts with violation of terms in two and more times exceeds average value across the Russian Federation.

Despite the reduction of share of the cases considered with violation of terms in Appeal Courts which was outlined for the last three years, still significant amount of criminal and civil cases it is allowed by these courts with violation of terms.

For the last three years increase in share of the criminal cases considered by courts in cassation procedure with violation of terms and also significant increase in the number of the criminal cases considered with violation of terms in Supervisory Courts according to claims and representations was observed.

In the conditions of the permanent growth of number of cases on administrative offenses in a number of regions the number of the cases considered by courts with violation of fixed terms increases. In certain subjects of the Russian Federation the share of such cases several times exceeds average values in general across Russia.

One of basic reasons of violation of terms of consideration of civil cases and cases on administrative offenses by magistrate judges and judges of district courts is inadequate preparation of cases for legal proceedings. Preparation of case is carried out not always or carried out formally, without accomplishment fully of all necessary legal proceedings made at this stage of legal procedure.

There are cases of the inadequate notice of participants of process about time and the place of jurisdiction, unreasonable adjournment of cases or adjournment of cases without specifying of date of the following judicial session or setting a date of meeting through considerable period without the bases, sufficient on that. Quite often by consideration of criminal and civil cases production on cases unreasonably stops, there is no control of the termination of the circumstances which formed the basis for suspension of proceeedings that leads to increase in the time spent of cases in production of courts.

The facts of the long content of defendants under guards over the term provided by part 2 of article 255 Code of Criminal Procedure of the Russian Federation are allowed.

Owing to insufficient organization of number of judges and workers of offices of courts violations of terms of production of motivated decisions, protocols of judicial sessions take place that is the reason of tightening of submission due dates appeal and writs of appeal.

The mistakes made by courts in case of application of regulations of substantive and procedural law and in some cases direct ignoring of requirements of the procedural legislation lead to cancellation of court decrees and the direction of case on new judicial review, and in case of production on cases on administrative offenses - is frequent to suit abatement owing to the expiration of prescriptive limits of administrative prosecution.

On legal proceedings implementation terms the negative impact is exerted also by such factors as high load of magistrate judges, duration of passing of judicial notices on time and the place of judicial session, inadequate quality of inquiry and pretrial investigation on criminal cases, to difficulty of forming of jury of assessors, absence in judicial sessions without valid excuse the lawyers appointed according to part 3 of article 51 Code of Criminal Procedure of the Russian Federation and also the inadequate level of execution of resolutions and determinations of judges about the drive of persons on criminal cases and cases on administrative offenses, the untimely direction in courts of protocols on administrative offenses.

For the purpose of ensuring compliance with procedural terms of consideration of criminal, civil cases by courts and cases on administrative offenses, and also in connection with the questions which arose at courts in case of application of separate regulations of the procedural legislation the Plenum of the Supreme Court of the Russian Federation decides:

1. To courts of law to take necessary measures for elimination of noted mistakes and omissions in application of the legislation on procedural terms of consideration of criminal, civil cases and cases on the administrative offenses attracting increase in terms of legal proceedings of cases.

2. All judges need to increase the personal liability for hearing of cases at the scheduled time, to exclude the red tape facts.

Draw the attention of judges that for the gross or systematic violation by the judge of the procedural law which entailed unjustified violation of terms of permission of case and significantly infringing the rights and legitimate interests of participants of legal procedure, taking into account specific circumstances authority punishment up to the termination of powers of the judge can be imposed (Item 1 of article 12.1 of the Law of the Russian Federation "About the status of judges in the Russian Federation").

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