Сроки судебного разбирательства: от императива закона к активному судье?

Вестник гражданского процесса. 2019. № 5. С. 42–60.

Filatova M.

The length of the trial is not only an essential parameter of its effectiveness, but also a guarantee

of the access to justice. The concept of a reasonable time frame for legal proceedings reflects

the balance of quality and litigation terms. In modern comparative legal doctrine, the optimal

duration of legal proceedings is associated with the active role of the court and the ratio of

the powers of the court and the activity of the parties to manage the movement of the case.

An important role is played by the distribution of liability between the court and the parties

for the outcome of the trial. There is a trend towards differentiating the terms of the case in

Russian legislation, however, Russia remains one of the few countries where these terms are

regulated clearly in the law itself. The article analyzes various examples of strengthening the

activity of the court in order to optimize the balance of the length and quality of the trial,

including in Austrian law under the influence of the ideas of Franz Klein. The author comes

to the conclusion that expanding the powers of a judge to regulate the time limits for carrying

out procedural actions and considering the case as a whole has great potential for increasing

the effectiveness of Russian legal proceedings in general.

Keywords: разумный срок судопроизводства, разделенная ответственность за проблему, reasonable time, процессуальный срок, Franz Klein, активность суда, Франц Кляйн

Publication based on the results of: Russia in Modern Architecture of International Justice (2019)