Infocenter

The new regulation of compensation for violating the terms of legal proceedings and execution of court decisions needs to be revised: that was the decision of the Plenum of the Supreme Court. The Deputy Prosecutor General Sabir Kehlerov insisted on that in considering of such cases representatives of the prosecutor’s office should take part and they will protect the interests of the state in the case of dishonest claims for compensations.

At today’s plenary meeting of the Supreme Court of the RF there has been reviewed and sent for editing the draft decree regulating compensations for violation of reasonable terms of consideration of cases and the enforcement of judgements. The Supreme Court explains in it how to apply in practice the law “On compensation for violation of rights in the proceedings in reasonable terms or of rights for performing a judicial act within a reasonable time” passed on April, 30, 2010. New explanations resemble the previous joint decree of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the RF dated December, 23, 2010 as amended according to the changes in legislation. For example, explanations on the “transition period” of fulfilment of monetary obligations by budgetary institutions, which were actual in 2010-2012, are excluded, references to Administrative Court Procedure Code of the RF valid from last September are included. “The draft decree structure provides continuity of provisions of the previous version” – commented the lecturer, the judge of the Supreme Court Alla Nazarova. Experts of Pravo.ru also agree with this point of view.

Sergey Soldatenko, the Project Manager of Pavlova&Partners law firm appreciates the attempt of draft decree developers to expand the power of the court chairman in case of determining a reason to speed up the process. It also seems to be successful the attempt to establish a distinction between the power of the chairman of the court and principle of the independence and impartiality of the judiciary. “It is necessary for lawyers understanding of p. 7, Art. 6.1. of Arbitration Procedure Code of the RF”- he says