Journal of the Charles University Law Faculty
Alla Tymofeyeva | Charles University Faculty of Law, Prague
Influence of the ECtHR’s case law regarding the length of proceedings on the legislation of the Czech Republic, Russia and Ukraine.
Jurisprudence 5/2015 Section: Articles Page: 19-24
Keywords: ECtHR, ECHR , length of proceedings , Russia, Ukraine.
Abstract: The article provides an overview of the decision-making practice of the ECtHR regarding the length of proceedings in the Czech Republic, Russia and Ukraine. Although the issue of delays in the proceedings is well known, it is possible to conclude that the questions posed in the complaints lodged with the ECtHR against these states are still very topical. Practice shows that the Czech Republic has come a long way in the subject of the length of the proceedings and, today, its legislation and practice are in compliance with the ECHR. In Russia, the problem was partially solved by Law no. 68-FZ, but judicial practice has shown that the application of this law has its shortcomings, which led to the adoption of the second pilot judgment against Russia in the case Gerasimov and Others v. Russia. Ukraine initially refused to respect the case law of the ECtHR, but ultimately the Ukrainian Parliament adopted Law no. 4901-VI, which tries, at least to some extent, to solve the issue of delays in execution proceedings. We hope that Russia and Ukraine will use the experience of the Czech Republic and resolve this long-standing problem in the near future.
