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

of March 29, 2016 No. 11

About some questions arising 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

For the purpose of uniform application by courts of the legislation of the Russian Federation regulating 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, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations:

General provisions

1. The right to judicial protection is recognized and guaranteed by the Constitution of the Russian Federation, international treaties of the Russian Federation and includes including the right to legal proceedings in reasonable time and the right to execution of the court ruling in reasonable time which are implemented by means of creation by the state of procedural conditions for effective and fair treatment of case, and also the organization and ensuring timely and effective fulfillment of court resolutions (article 46 of the Constitution of the Russian Federation, article 14 of the International Covenant on Civil and Political Rights of December 16, 1966, Item 1 of article 6 of the Convention on human rights protection and fundamental freedoms of November 4, 1950).

For ensuring effectiveness of these rights with the Federal Law 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" (further - the Law on compensation) is established special method of their protection in the form of award of compensation.

Compensation for violation of the right to legal proceedings in reasonable time and the rights to execution of the court ruling in reasonable time (further - compensation) as the measure of responsibility of the state, aims at compensation of the done non-property harm the fact of violation of the procedural conditions providing realization of these rights in reasonable time irrespective of availability or lack of fault of court, criminal prosecution authorities, bodies to which the obligation on execution of court resolutions, other state bodies, local government bodies and their officials is assigned.

This compensation is not directed to completion of property losses of the interested person and does not replace with itself compensation of the property harm done to it by illegal actions (failure to act) of state bodies, including courts. At the same time 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 (part 4 of article 1 of the Law on compensation, Articles 151, of 1069, 1070 Civil codes of the Russian Federation (further - the Civil Code of the Russian Federation).

The procedure for production on cases on award of compensation is regulated by Procedure Codes (Chapter 26 of the Code of administrative legal proceedings of the Russian Federation (further - KAS Russian Federation), Chapter 27.1 of the Arbitral Procedure Code of the Russian Federation (further - the AIC of the Russian Federation).

2. The law on compensation, according to the interconnected provisions of its part 1 of Article 1 and Article 3, extends to cases:

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

b) violations of reasonable times of execution of the court resolutions providing the address of collection at the expense of budgets of budget system of the Russian Federation according to the legislation existing at the time of emergence of these legal relationship including:

in claims to the Russian Federation, the subject of the Russian Federation, municipality (further - public legal entity) about indemnification, caused to physical person or legal entity by illegal actions (failure to act) of state bodies, local government bodies or their officials,

according to administrative actions for declaration, statements for 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 at the expense of means of the federal budget, budget of the subject of the Russian Federation, the budget of the municipality,

according to recovery suits of money at the expense of treasury of public legal entity, including according to the procedure of subsidiary responsibility (further - the claim to public legal entity);

assigning obligations to public authorities, local government bodies, 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 (further - the claim for assignment of obligation on public authorities, local government bodies, their officials);

according to monetary commitments of state organization, public authorities (state bodies), local government bodies.

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.

It must be kept in mind 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, including budgetary institutions. However it does not exclude possibility of collection of harm in general procedure for guilty non-execution forcibly of all other court resolutions including which are taken out against public legal entities;

c) violations of reasonable times during pre-judicial production on criminal cases, on which:

the suspect or the person accused is established;

the decree on suspension of preliminary inquiry in connection with not establishment of person which is subject to attraction as the person accused is issued;

the measure of procedural coercion in the form of property attachment (including exclusive rights) person who is not the suspect, the person accused or person bearing liability for their actions under the law is applied (further - person whose property it is seized).

3. Proceeding from the interconnected provisions of part 3 of Article 6.1 of the Code of penal procedure of the Russian Federation (further - the Code of Criminal Procedure of the Russian Federation), parts of 1 Article 1, of part 6 of article 3 of the Law on compensation, in the presence of data on the timely address with the statement, the message on crime of the victim or other interested person to whom the act prohibited by the penal statute does harm (further - person who filed petition for crime), this law also extends to legal proceedings duration cases when the decision is made:

about refusal in initiation of legal proceedings in connection with the expiration of prescriptive limits of criminal prosecution if the line item of bodies of inquiry, the investigations, prosecutor's offices concerning availability or lack of the bases for initiation of legal proceedings repeatedly changed and (or) if afterwards it is determined that the refusal in initiation of legal proceedings during the period before the expiration of prescriptive limits of criminal prosecution was illegal, unreasonable;

about cessation of production on criminal case in connection with the expiration of prescriptive limits of criminal prosecution.

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