Indemnification for red tape
the state will punish itself for judicial delays
Today the State Duma will consider in the first reading the presidential bill of monetary payments from the state budget for infringement of reasonable terms of legal proceedings and execution of decisions. Necessity of its acceptance is caused by the requirement of the European court under human rights which is filled up by complaints of Russians about it. About what sums there is a speech, in the new law is not registered. As has declared in interview - TV the lawyer of the Moscow Bar “ Knyazev and partners “ Marina Barabanova, the law does not offer any figures is basically it is impossible.
the Correction of mistakes is spent - the state will pay to all who has suffered from judicial red tape. But also in it, apparently, so necessary law there is a mess and collisions. The first - how many will give money. In Europe the tightening of disposal of legal proceeding manages to the state in 5-6 thousand euro. The new law assumes to consider this practice, but the exact sums does not name. Thus recommends to courts by consideration of the demand for indemnification to consider behaviour of the applicant. And it is estimated criterion. Defining moral harm, the judge is guided only by the scent.
“ someone appoints 5 thousand rbl. Someone for the same infringement 10, 20 or 30 thousand the law does not offer Any figures. Yes it and basically is impossible, anyway in our country of it is not present. In this connection at pravoprimenitelej there are many disputes “ - Marina Barabanova speaks.
Sags in air and a question, how it is necessary to count up terms of disposal of legal proceeding of different categories. After all to prove red tape, for example, in criminal case it will be possible only after research of its complexity, and also efficiency of actions of court and a consequence. What criteria of a rationality of terms become defining in civil cases, too is not clear. According to some deputies, quite really to calculate these terms and it is enough for the decision of such disputes and one month. If, certainly, the parties regularly are in court. But experts speak, reasonable terms - concept relative.
“ it is not so clear, as there will pass this procedure. Because the Ministry of Finance will be the respondent under such claims. And how it will be protected? It should make comments that occurred in litigation, without having to it any relation “ - the senior lawyer of the company " is perplexed; Pepeljaev, Goltsblat and partners “ Barbarian Knutova.
One more good purpose of the new law - to release courts from lots of affairs which are considered by years. But also its approachibility raises the doubts. Simultaneously with the law on indemnifications articles Criminal, Arbitration and other codes will change also. And according to new amendments terms of consideration of many affairs will increase. And it will not weaken loading on judges, more likely on the contrary.
Elena NEFEDOV, - TV
the State Duma will consider the bill of payments for infringement of terms of legal proceedings