Procedural obstacles to civil litigation within a reasonable time: problems of advocatory practice
The article deals with the problems associated with procedural obstacles to civil litigation within a reasonable time in the Russian Federation. It makes an attempt to identify the status of this problem in the Russian legal science. The authors of the article pay attention to the legal framework for civil litigation within a reasonable time in the Russian Federation, including the Civil Procedure Code of the Russian Federation and the Code of Administrative Procedure of the Russian Federation, as well as generalise the law enforcement practice of the Russian Federation in cases of compensation for violation of the right to trial within a reasonable time. The article points out that the main problem related to litigation within a reasonable time in the Russian Federation consists in the use of procedural obstacles to litigation within a reasonable time by a defendant. The authors define procedural obstacles to litigation within a reasonable time and point out the following: if a rule of court ending the proceedings has not been overturned by the highest instance, it should be classified not as a procedural obstacle to litigation within a reasonable time, but as a procedural obstacle to the exercising of the right to judicial protection.