After receiving the refusal of the chairman of the regional court in certifying the application for expediting the consideration of the case, the citizen Prilipko PI He appealed to the court to award compensation for violation of the rights to the proceedings within a reasonable time.
In support of the statement, he indicated that, despite the expiration of two years from the moment of the filing of the statement of claim with the court of general jurisdiction, the proceedings are still not over. The decision of the court of first instance was repeatedly appealed by the persons participating in the case, amended by the court of appeal, after which it was canceled by way of cassation proceedings and the case was sent for a new trial to the first instance with the subsequent repeated passage of the test instances. At the time of the appeal to the court for award of compensation, the judicial acts issued at the first and the appeal instances are checked by the regional court in cassation proceedings. The applicant considers that such a procedure of repeated revisions of the judicial act, which has lasted for the last two years, violates his right to a court, guaranteed by Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, art. 46 of the Constitution of the Russian Federation, does not comply with the principle of reasonableness of the terms of the trial, the principle of res judocata.
Simultaneously with the submission of an application for award of compensation, Prilipko P.I. appealed to the Judicial Board on Administrative Cases of the Supreme Court with a private complaint against the determination of the chairman of the regional court refusing to expedite the consideration of the case, and also asked the regional court, which is considering the cassation instance, to suspend the proceedings in connection with the submission of an application for awarding compensation.
Analyze the procedural aspects of the situation. Determine the jurisdiction and jurisdiction of the case, the procedure for going to court, the composition of the persons involved in the case, the subject of proof, distribute the burden of proof. Make a procedural decision on the situation described in the storyline.
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