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

of December 23, 2010 No. 30/64

About some questions which arose by hearing of cases 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

Item 1 of article 6 of the Convention on human rights protection and fundamental freedoms affirms the right of everyone in case of dispute on its civil laws and obligations or in case of presentation of any criminal charge to it on fair and public trial of case in reasonable time by the independent and just trial created based on the law.

The right to judicial protection including the right to execution of the court ruling is guaranteed by article 46 of the Constitution of the Russian Federation.

On May 4, 2010 became effective the Federal Law of April 30, 2010 N 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" (further - the Law on compensation) and the Federal Law of April 30, 2010 N 69-FZ "About modification of separate legal acts of the Russian Federation in connection with adoption of the Federal Law "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".

Considering that by hearing of cases 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 courts of law and Arbitration Courts (further also - courts) had number of questions, for the purpose of their correct and uniform permission the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation decide to make to courts the following explanations:

General provisions

1. Owing to part 1 of article 1 of the Law on compensation in interrelation with provisions of its article 3 operation of this Law extends to cases:

a) violations of reasonable times of legal proceedings on the cases considered by courts of law and Arbitration Courts according to the rules of jurisdiction established by the procedural legislation;

b) violations of reasonable times of the execution of the court resolutions which are taken out in claims or statements to the Russian Federation, the subject of the Russian Federation, the municipality for indemnification, caused to physical person or legal entity as a result of illegal actions (failure to act) of state bodies, local government bodies or their officials; violations of reasonable times of execution of the court resolutions providing assignment of obligation on public authorities, local government bodies of their officials, the government or local government officers to make payments at the expense of means of the federal budget, budget of the subject of the Russian Federation, the local budget, and also court resolutions providing the address of collection at the expense of the federal budget, the budget of the subject of the Russian Federation, the local budget according to monetary commitments of budget (state) institutions.

The monetary commitment according to Article 6 of the Budget code of the Russian Federation (further - BQ of the Russian Federation) is understood as obligation of the receiver of budgetary funds to pay to the budget, physical person and the legal entity by budget funds certain money according to the satisfied conditions of the civil bargain concluded within its budget powers or according to provisions of the law, other legal act, terms of the contract or agreements.

With respect thereto courts should mean that operation of the Law on compensation does not extend to requirements about award of compensation in cases of violation of completion date of the court resolutions providing the address of collection on money of the citizens, and also the organizations who are not receivers of budgetary funds;

c) violations of reasonable times during pre-judicial production on criminal cases on which the suspect or the person accused are established.

2. Courts need to consider that lack of the right to award of compensation based on the Law on compensation does not deprive the interested person of the right to take a legal action with the compensatory action according to Articles 1069, 1070 Civil codes of the Russian Federation (further - the Civil Code of the Russian Federation), and also with the compensation claim of moral harm based on article 151 Civil Code of the Russian Federation.

3. By hearing of cases about award of compensation for violation of the right to execution of the court ruling in reasonable time it is necessary to take into account that according to the Federal Law of May 8, 2010 N 83-FZ "About modification of separate legal acts of the Russian Federation in connection with enhancement of legal status of the public (municipal) institutions" (further - the Federal Law N 83-FZ) since January 1, 2011 new regulation regarding procedure for execution of the court resolutions providing the address of collection on budget funds in connection with creation of state organizations and change of legal status of budgetary institutions is entered.

In case of execution of the court resolutions providing the address of collection at the expense of budgets of budget system of the Russian Federation for monetary commitments of state organizations the provisions established by Chapter of 24.1 BQ of the Russian Federation are applied.

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