Impact of the Case-law of the European Court of Human Rights on the Russian and Czech Legislation Concerning the Length of Civil and Criminal Proceedings
Abstract
This article provides an overview of the case-law of the European Court of Human Rights (hereinafter "the ECtHR") regarding the length of civil and criminal proceedings in Russia and the Czech Republic. Analysis shows that the Czech Republic has passed a long way in solving the problem of 'reasonable time' and, today, its legislation and practice are to a large extent in compliance with the European Convention on Human Rights (hereinafter "the ECHR").
In Russian Federation, the problem in question was partially solved by Law no. 68-FZ. However, judicial practice has shown that the application of this law has its shortcomings, which led to the adoption of the second pilot judgment of the ECtHR against Russia in the case of Gerasimov and Others v.
Russia. Therefore, it could be of use for the Russian authorities to study the experience of the Czech Republic in order to resolve this long-standing problem in the near future.