Procedural terms, Concept, appointment and classification...

Procedural Terms

As a result of studying the chapter, the student must:

know

■ the concept, purpose and classification of civil procedural deadlines;

■ types of procedural deadlines by the way of their establishment;

■ Types of procedural deadlines for their addressing;

■ procedure for calculating procedural deadlines;

be able to

■ analyze, interpret and correctly apply legal norms in the field of civil procedural deadlines;

own

■ the skills of analyzing the rules of law that govern civil procedural terms.

The concept, purpose and classification of procedural terms

The overwhelming majority of subjective rights must be exercised in a timely manner, and if they are challenged or violated, they must be quickly restored. In order to ensure rapid legal protection, various periods have been established by law (the time limits for applying to a court for certain categories of cases, the limitation period and a number of others).

In this regard, in Resolution of the Plenum of the Supreme Court of the United States of December 27, 2007 No. 52 "On the timing of consideration by the courts of the United States of criminal, civil and administrative cases" it is emphasized that today one of the main reasons for the violation of the time for consideration of civil cases by the courts is inadequate preparation of cases for trial. It is not always carried out either formally, without full implementation of all necessary procedural actions carried out at this stage. There are cases of improper notification of the participants in the proceedings about the time and place of the proceedings, the unfounded adjournment of cases without the date of the next meeting or the appointment of such a date in a significant period of time without sufficient reasons. Often, when considering civil cases, production is unreasonably suspended, there is no control over the circumstances that served as the basis for suspension of proceedings, which, accordingly, leads to an increase in time.

According to E. M. Muradyan, procedural terms - time periods established:

- to perform a separate procedural action;

- performance of tasks of a certain stage of legal proceedings;

- consideration and resolution of the case in court.

However, this definition suffers from a certain incompleteness, since it does not discern who is establishing the procedural deadlines. It seems that Zaytsev gave a more complete definition of the procedural terms, indicating that the procedural period is the time for the courts, persons involved in the case and other procedural actions to perform the procedural period determined by the civil procedural law or court. All procedural terms, without exception, regulate the urgency of the procedural activity of the subjects of civil proceedings. Mandatory procedural terms provided by civil procedural sanctions.

Procedural terms are intended to create an optimal time regime for the administration of justice. They speed up the proceedings, but resist the haste in the implementation of procedural rights and obligations. The purpose of justice is not the speed of consideration and resolution of the case, and timeliness, for hurrying justice means calling unhappiness (festinatio iustitiae est noverca infortunii).

April 30, 2010 in the Civil Code introduced art. 6.1, which introduced a fundamentally new concept - "reasonable term". In accordance with part 2 of this article, the extension of the terms provided by the CCP is permissible, but in any case the proceedings must be carried out within a reasonable time. In determining the reasonable period of the trial, which includes the period from the date of receipt of the statement of claim or application to the court of first instance until the day of the adoption of the last judicial decision in the case, such circumstances as the legal and factual complexity of the case, the behavior of participants in the civil process, sufficiency and effectiveness actions of the court conducted for the purpose of timely consideration of the case, and the total duration of the proceedings in the case.

Circumstances relating to the organization of the work of the court (the replacement of a judge, the consideration of cases by various instances, etc.) can not be taken into account as grounds for exceeding the reasonable period of judicial proceedings in the case.

Procedural terms can be classified for various reasons. Thus, VV Molchanov, P. Ya. Trubnikov, E. M. Muradyan subdivide the procedural terms depending on who they are established by law or by court. Μ. R. Zagidullin, in addition to this, classifies the procedural terms depending on their focus on the timing of consideration and review of the case and the timing of certain procedural actions. G. L. Osokina, in turn, the timing of certain procedural actions is divided into general and special, and the latter are also reduced and elongated. IM Zaitsev subdivided procedural terms depending on the method of their establishment, on the method of calculation, and on their addressing.

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