Д.Медведев.Совершенствование судебной системы.04.02.10

Opening Remarks at Meeting on Improving the Judicial System.
February 4, 2010
Gorki, Moscow Region

Выступление на совещании по вопросам совершенствования судебной системы.
4 февраля 2010 года Московская область, Горки

PRESIDENT OF RUSSIA DMITRY MEDVEDEV: Now that we have all got together I propose to talk, not about something abstract, but about further improving national judicial system. Its been a while since we talked about this in whats called an expanded format.

The current legislation that defines the framework of the judicial system reflects in essence our views concerning the justice and its democratic principles, and obviously conforms to Russias international obligations and to its Constitution. This legislation is developing, developing quite rapidly, and I hope these changes will facilitate and strengthen the independence of the judiciary and the increased transparency of the judicial system.

As you know, we recently adopted a number of laws, in particular those involving changes in the status of judges, a law pertaining to the judiciary, a law on disciplinary role of the judiciary and some other documents.

In my view all of these steps are important for our judicial system, but they are also crucial for our economy because we are now engaged in modernising the economy, and we have begun to actively explore how to improve the investment climate in our nation.

Well, the investment climate in our country is directly dependent on the judicial system efficiency. Every time I meet with Russian entrepreneurs or foreign investors, they always say the same thing: if Russia is to have a first-class investment climate, the judicial system has to develop, mature and be able to effectively discharge its responsibilities. That is why we have gathered here today.

Improving our legislation is an on-going process. The entire judicial community has actively involved itself in this. As you know, after hearing the views expressed by the 7th National Congress of Judges, I approved a series of directives, which include the development of necessary legislation. Some of them have already been submitted to the State Duma. At the end of last year I submitted to the Duma a draft law on the courts of general jurisdiction in the Russian Federation. At the same time I submitted four bills designed to take into account the projected changes. But I dont think we have to confine ourselves to such measures.

Today I would like to hear from colleagues in the Presidential Executive Office and from judges in our countrys highest courts about how this work is progressing and how my instructions are being implemented. I refer to introducing pre-trial dispute settlement procedures, establishing a government system of free legal aid for low-income citizens, designing mechanisms of government compensation for damage caused by unlawful acts or inaction by the court, and some other issues.

There is another matter which, although it is not the subject of our immediate concerns, is of course inextricably bound up with them, so Id like to say a few words about Protocol 14 to the European Convention on Human Rights and Fundamental Freedoms. As you know, it contains changes in the monitoring mechanism of the Convention and was signed by the Russian Federation in May 2006. After that there were some problems with the ratification of this document. As a result of the work that has been done, Russia will ratify the Protocol on the condition that, inter alia, rules regarding the procedures for complaints consideration by the European Court of Human Rights should take the form of an international treaty which is subject to ratification, or some other form of expression of the States consent to be bound thereby. Various other qualifications were expressed as well. As a result, this document was ratified by the State Duma on January 15, 2010, after I had consulted with that body. On January 27, it was approved by the Federation Council. Today it was signed into law.

In recent years the European Court has issued a lot of rulings under which Russia is obliged to compensate for the harm caused to its citizens by unwarranted actions, decisions or excessive delays in the court cases resolution. I think that we are on the same page as far as this issue is concerned, since weve already discussed it at some length. We are interested in improving our judicial system so as to make it effective and create an environment where our citizens do not need to resort to international courts or, at the very least, will need to do so much less often. Because our task is to create a national system effectively ensuring justice in Russia. But this is not an easy process.

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