Guarantees of observance of reasonable consideration time of a case and procedural mechanisms to combat the protraction of a case Cover Image

Гарантии соблюдения разумных сроков рассмотрения дела и процессуальные механизмы борьбы с затягиванием судебного процесса
Guarantees of observance of reasonable consideration time of a case and procedural mechanisms to combat the protraction of a case

Author(s): Viktor Zaborovskyi, Sibilla Buleca, Alina Stojka
Subject(s): Civil Law
Published by: Krajowa Izba Radców Prawnych
Keywords: right to a fair trial; legal proceedings; reasonable timeframe; protraction of case;

Summary/Abstract: In the article, the author reveals the legal nature of a reasonable timeframe for the consideration of a case as the basic guarantee of the right to a fair trial, as well as main procedural mechanisms to combat the protraction of a case and the abuse of the procedural rights of participants in the case. It is concluded that procedural mechanisms to combat the abuse of the procedural rights by participants in the case is an essential attribute that contributes not only to the consideration of the case within a reasonable timeframe, but also, in some way, to protect the judiciary from the arbitrariness of those who unjustly attempt to obtain a decision in their favor.

  • Issue Year: 2019
  • Issue No: 2
  • Page Range: 127-150
  • Page Count: 24
  • Language: Russian