Koss A.V., Gerasimova E.V. The problems of the reasonableness of the duration of criminal procedure at the processing stage due to new or newly discovered circumstances in light of the rulings of the Constitutional Court of the Russian Federation and the European Court for Human Rights

Abstract: The parties involved in the criminal procedure, as well as other persons whose rights or interests are being affected by the investigation are often faced with a lengthy process, which inevitably carries violations of their rights. The problems of defining the term of a criminal procedure are the subject of the research in criminal process and constitutional law of the Russian Federation. This article raises questions of uncertainty and indefiniteness of the term of procedure of criminal cases due to new and newly discovered circumstances. In order to resolve the issue of indefiniteness of the duration of the procedure the authors analyze approaches to the definition of “reasonableness” of the length of time formulated within court proceedings of the Constitutional Court of the Russian Federation and the European Court for Human Rights. Taking into account the legal positions of the Constitutional Court of the Russian Federation and the European Court for Human Rights on the “reasonableness” of the duration of court proceedings the authors propose using the general term of proceedings of preliminary investigation (article 162 of the Criminal Procedure Code of the Russian Federation). This term should commence on the day of the beginning of investigation and end on the day that the prosecutor compiles his findings and submits them to the court, or on the day of announcing the drop of investigation.

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