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From the legal positions developed by the Constitutional Court of the Russian Federation, in particular, it follows that when establishing the main Criteria for the reasonableness of the terms of criminal proceedings for determining reasonable terms of criminal proceedings, as well as the conditions under which its participants have the right to apply to the court with an application for compensation for violation of the right to legal proceedings within a reasonable time, the federal legislator took into account the special (auxiliary) nature of this legal institution. Recognition of the institution of compensation for violation of the right to legal proceedings within a reasonable time as an additional (auxiliary) means of protection by participants in legal proceedings of their rights cannot be regarded as a restriction of their constitutional rights to judicial protection, to compensation for damage caused and compensation by the state for damage caused by illegal actions (inaction) of state authorities or their officials (Ruling of the Constitutional Court of the Russian Federation dated December 23, 2014 No. 2933-O). At the same time, the rules of Part 7 of Article 3 of the Federal Law "On Compensation for Violation of the Right to Judicial Proceedings within a Reasonable Time or the Right to Execute a Judicial Act within a Reasonable Time" are aimed at obtaining real judicial protection of violated rights and freedoms primarily by such subjects of criminal proceedings as suspects and accused (Resolution of the Constitutional Court of the Russian Federation No. 14-P of 25.06.2013), whose rights are limited during the entire period of criminal prosecution.

According to the third part of Article 6.1 of the Code of Criminal Procedure of the Russian Federation, when determining a reasonable period of criminal proceedings, which includes for the person against whom criminal prosecution is carried out, the period from the date of the commencement of criminal prosecution to the day of its termination or sentencing, the legal and factual complexity of the materials of verification of a crime report or criminal case, the behavior of participants in criminal proceedings, the sufficiency and effectiveness of the actions of the court, the prosecutor, the head of the investigative body, the investigator are taken into account, the body of inquiry, the head of the body of inquiry, the head of the unit of inquiry, the investigator, carried out for the purpose of timely criminal prosecution or consideration of a criminal case, and the total duration of criminal proceedings.