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FEDERAL LAW OF THE RUSSIAN FEDERATION

of April 30, 2010 No. 68-FZ

About compensation for violation of the right to legal proceedings in reasonable time or the rights to execution of the court ruling in reasonable time

(as amended on 19-12-2016)

Accepted by the State Duma of the Russian Federation on April 21, 2010

Approved by the Federation Council of the Russian Federation on April 28, 2010

Article 1. Entitlement to compensation for violation of the right to legal proceedings in reasonable time or the rights to execution of the court ruling in reasonable time

1. Citizens of the Russian Federation, foreign citizens, stateless persons, the Russian, foreign and international organizations which are in legal procedure by the parties or the third parties declaring independent requirements concerning matter in issue, claimants, debtors, and also suspects, persons accused, defendants, convicts, the acquitted, injured, civil claimants, civil defendants in criminal trial in the cases provided by the Federal Law other interested persons in case of violation of their right to legal proceedings in reasonable time, including persons who are not the suspects, persons accused or persons bearing liability for their actions under the law in case of violation of reasonable time of application of measure of procedural coercion in the form of property attachment or the rights to execution in reasonable time of court resolution, the collection providing the address at the expense of budgets of budget system of the Russian Federation, or the court resolution assigning to the federal bodies of the government, public authorities of subjects of the Russian Federation, local government bodies, other bodies and the organizations given separate state or other public authority officials, the government and local government officers obligation to perform other requirements of property nature and (or) the requirement of non-property nature, can take a legal action, Arbitration Court with the statement for the award of compensation for such violation according to the procedure established by this Federal Law and the procedural legislation of the Russian Federation.

2. Compensation for violation of the right to legal proceedings in reasonable time or the rights to execution of the court ruling in reasonable time is awarded if such violation took place for the reasons which are not depending from the face, filed petition for award of compensation (further - the applicant), except for circumstances (force majeure) extraordinary and impreventable under existing conditions. At the same time violation of the terms of consideration of the case or execution of the court ruling established by the legislation of the Russian Federation in itself does not mean violation of the right to legal proceedings in reasonable time or the rights to execution of the court ruling in reasonable time.

3. The award of compensation for violation of the right to legal proceedings in reasonable time or the rights to execution of the court ruling in reasonable time does not depend on availability or lack of fault of court, criminal prosecution authorities, bodies to which obligations on execution of court resolutions, other state bodies, local government bodies and their officials are assigned.

4. The award of compensation for violation of the right to legal proceedings in reasonable time or the rights to execution of the court ruling in reasonable time does not interfere with indemnification according to Articles 1069, 1070 Civil codes of the Russian Federation. The award of compensation for violation of the right to legal proceedings in reasonable time or the rights to execution of the court ruling in reasonable time deprives the interested person of entitlement to compensation of moral harm for the specified violations.

5. In case of filing of application about award of compensation the state fee according to the procedure and the sizes which are established by the legislation on taxes and fees is paid for violation of the right to legal proceedings in reasonable time or the rights to execution of the court ruling in reasonable time.

6. Bodies which according to this Federal Law are authorized on behalf of the Russian Federation, the subject of the Russian Federation, the municipality on execution of the judgments, Arbitration Court about award of compensation for violation of the right to execution of the court ruling in reasonable time have the right to impose recourse requirement to body or the official because of whom such violation is allowed.

Article 2. Form and the amount of compensation for violation of the right to legal proceedings in reasonable time or the rights to execution of the court ruling in reasonable time

1. Compensation for violation of the right to legal proceedings in reasonable time or the rights to execution of the court ruling in reasonable time is awarded by court, Arbitration Court in cash.

2. The amount of compensation for violation of the right to legal proceedings in reasonable time or the rights to execution of the court ruling in reasonable time is determined by court, Arbitration Court proceeding from requirements of the applicant, the facts of the case on whom violation, durations of violation and the importance of its effects for the applicant, and also taking into account the principles of rationality, justice and practice of the European Court of Human Rights was allowed.

Article 3. Procedure for filing of application about award of compensation for violation of the right to legal proceedings in reasonable time or the rights to execution of the court ruling in reasonable time and features of its consideration

1. The application for award of compensation for violation of the right to legal proceedings is submitted to reasonable time in:

1) court of law if the requirement about award of compensation for violation of the right to legal proceedings in reasonable time is caused by long legal proceedings in court of law, long pre-judicial production on criminal cases, including prolonged use of measure of procedural coercion in the form of property attachment;

2) Arbitration Court if the requirement about award of compensation for violation of the right to legal proceedings in reasonable time is caused by long legal proceedings in Arbitration Court.

2. The application for award of compensation for violation of the right to execution of the court ruling is submitted to reasonable time in:

1) court of law if the requirement about award of compensation for violation of the right to execution of the court ruling in reasonable time is caused by long non-execution of court resolution of court of law;

2) Arbitration Court if the requirement about award of compensation for violation of the right to execution of the court ruling in reasonable time is caused by long non-execution of court resolution of Arbitration Court.

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