On behalf of the Russian Federation

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION

of June 25, 2013 No. 14-P

On the case of check of constitutionality of provisions of part of 1 Article 1, Item of 1 part 1, parts 6 and 7 of article 3 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", parts one and the fourth Article 244.1 and Item of 1 part one of article 244.6 of the Civil Procedure Code of the Russian Federation in connection with the claim of the citizen A. E. Popova

Constitutional court of the Russian Federation as a part of the Chairman V. D. Zorkin, K. V. Aranovsky's judges, A. I. Boytsova, N. S. Bondar, G. A. Gadzhiyev, Yu. M. Danilov, L. M. Zharkova, G. A. Zhilin, S. M. Kazantsev, M. I. Kleandrov, S. D. Knyazev, A. N. Kokotov, L. O. Krasavchikova, S. P. Mavrin, N. V. Melnikov, Yu. D. Rudkin, N. V. Seleznyov, O. S. Hokhryakova, V. G. Yaroslavtsev,

with participation of the plenipotentiary of the State Duma in the Constitutional Court of the Russian Federation D.F. Vyatkin, the representative of the Federation Council - the doctor of jurisprudence A. S. Salomatkin, the plenipotentiary of the President of the Russian Federation in the Constitutional Court of the Russian Federation M. V. Krotov,

being guided by Article 125 (part 4) Constitutions of the Russian Federation, Item 3 parts one, parts three and the fourth Article 3, Article part one 21, Articles 36, 74, 86, 96, 97 and 99 Federal constitutional Laws "About the Constitutional Court of the Russian Federation",

considered in open session case on check of constitutionality of provisions of part of 1 Article 1, of Item of 1 part 1, of parts 6 and 7 of article 3 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", parts one and the fourth Article 244.1 and Item of 1 part one of article 244.6 GPK of the Russian Federation.

Reason for consideration of the case was the claim of the citizen A. E. Popova. The basis to consideration of the case was the found uncertainty in question of whether there correspond the Constitutions of the Russian Federation disputed by the declarant of legislative provision.

Having heard the message of the judge-speaker L. O. Krasavchikova, explanation of representatives of the State Duma, Federation Council and the President of the Russian Federation, speech of the representatives invited in meeting: from the Ministry of Justice of the Russian Federation - M. A. Melnikova, from the Prosecutor General of the Russian Federation - T. A. Vasilyeva, having researched the submitted documents and other materials, the Constitutional Court of the Russian Federation

established:

1. 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" is determined by part 1 of article 1 of the Federal Law of April 30, 2010 the group of people which in case of violation of their right to legal proceedings in reasonable time can take a legal action 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. As appears from its Article 3, if the requirement about award of compensation is caused by long legal proceedings in court of law, long pre-judicial production on criminal cases, the corresponding application can be submitted to court of law in six-months time from the date of the introduction in legal force of sentence or the court order accepted on case or other judgment which stops criminal trial (Item 1 of part 1 and part 6); in case duration of criminal proceeding exceeded four years and the applicant filed petition for the acceleration of its consideration according to the procedure established by the criminal procedure legislation of the Russian Federation earlier, the application for award of compensation for violation of the right to legal proceedings in reasonable time can be submitted before the termination of criminal prosecution or to the introduction to legal force of conviction of court if suspects or persons accused on this criminal case are established (part 7).

The right of person believing that the state body, by local government body, other body, the organization, organization, the official violates its right to legal proceedings in reasonable time, including pre-judicial criminal proceeding to take a legal action with the statement for award of compensation for violation of the right to legal proceedings in reasonable time is fixed also by part one of article 244.1 GPK of the Russian Federation. Such statement, according to part four of the same Article, can be filed a lawsuit by the interested person in six-months time from the date of the introduction in legal force of the court verdict pronounced on this case, or another accepted by the investigator, the investigator, the prosecutor, the head of investigating body, court of the decision, determination, the resolution which stop criminal trial and provided that the face which is subject to attraction as the person accused is established, - also before the end of criminal proceeding if duration of criminal proceeding exceeded four years and the interested person filed petition for the acceleration of consideration of criminal case according to the procedure established by the criminal procedure legislation of the Russian Federation earlier. According to Item of 1 part one of article 244.6 GPK of the Russian Federation the court returns the application for award of compensation for violation of the right to legal proceedings in reasonable time if it by consideration of question of adoption of the statement to production determines that the application is submitted by person who does not have the right to its giving.

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