The right to receive compensation for infringement of the right to judicial proceeding in reasonable time or right to judicial act execution in reasonable time

The federal law which got into force in 4 May 2010 gives a possibility to citizens of the Russian Federation, foreign citizens, persons without citizenship, Russian, foreign or international entities for infringement of the right to judicial proceeding in reasonable time or right to judicial act execution in reasonable time which provides a right to levy execution on funds of Russian budget system to submit a petition to court, court of arbitration in reasonable time to get the compensation for such an infringement.

The compensation for infringement of the right to judicial proceeding in reasonable time or right to judicial act execution in reasonable time can be adjudged if infringement was not connected with the person, who submitted a petition about compensation adjudgement, except for unusual and unavoidable circumstances (force-majeure). However, the violation of case proceeding or judicial act execution terms fixed by the Russian legislature doesn't mean infringement of the right to judicial proceeding in reasonable time or right to judicial act execution in reasonable time.

Adjudgement of the compensation for infringement of the right to judicial proceeding in reasonable time or right to judicial act execution in reasonable time doesn't depend on guilt or innocence of court, prosecuting agencies, agencies responsible for judicial acts execution, other government bodies, local self-government bodies and its officials.

The amount of the compensation for infringement of the right to judicial proceeding in reasonable time or right to judicial act execution in reasonable time is determined by the court, court of arbitration on the basis of petitioner requirements, states of the case in which infringement was, the continuity of infringement and importance of it's consequences for the petitioner, and considering principles of rationality, equity and the practice of the European Court of Human Rights.

Ref.:
Federal law No. 68-FZ issued on 30 April 2010 “On Compensation for Infringement of the Right to Judicial Proceeding in Reasonable Time or Right to Judicial Act Execution in Reasonable Time”.