The procedural period in the civil process: the concept and types

The significance of procedural terms in the civil process is that they serve as important facts that influence the appearance, change and termination of procedural relations.

Concept of procedural terms in the civil procedure

The procedural period in the civil procedure is a period of time, granted by the court or law for the performance of certain actions by the parties to the dispute. The 9th chapter of the Civil Procedure Code is devoted to the order of calculation, the consequences of the pass and the end of the flow of terms.

Terms in the process carry out several functions, namely:

• Protection - ensure compliance with the regime of judicial proceedings ,
• Security - prevent the procrastination of the process and abuse of rights ,
• Organizational - regulates the period of procedural actions.

The establishment of a procedural time frame is an important condition for ensuring the legality of the activities of the court and the actions of persons who are participants in the case, and it also constitutes a means of regulating the relations between the parties.

Kinds of procedural terms in the civil procedure

The aggregate of procedural terms in the civil process can be divided conditionally according to:

• From the source of appointment: for those terms, which are directly referred to in the legislative acts, and on those that are appointed by the judicial body itself;
• Groups of subjects for which they are intended: for the court and the judiciary, persons who participate in the case and defend their subjective rights, and persons who act as participants in justice (experts, translators, etc.);
• Method of calculation: defined by the date, event or specific period.

An example of the term appointed by the court may be the time period, approved by the definition, to work on correcting the deficiencies in the statement of claim; The law is the time to appeal the decision of the first instance.

For persons who are participants in the case, the law defines the time limits for filing a complaint against the adopted decision of the first instance. For the participants in the production - the time for the examination, drawing up conclusions.

Accurate calendar date is calculated such terms as five days for making a decision with a detailed motivational part (Article 199 of the LC RF). An indication of the event is the deadline for filing a counterclaim (under Article 137 of the LC RF).

The theory of the process divides the terms into clerical and procedural ones.

Calculation of procedural terms in the civil procedure

According to the provisions of the Code of Civil Procedure of the Russian Federation, the procedural terms are calculated in calendar days, months and years. The flow of periods begins with the subsequent day after the occurrence of these dates or events, and the end of procedural terms in the civil process occurs on the last day. The limitation of the calendar date is not unique, as, in fact, the period is regulated by the schedule of the court. This does not apply to cases when the document is sent by mail - sending out for all 24 hours is not a way out of the allotted period.

Procedural terms in the civil procedure, calculated in calendar years, end in the day specified by law or court of a specific month. The procedural term runs continuously, it includes holidays and weekends. If the end of the period falls on a non-working day in the production calendar, then it ends with the next worker. The reverse rule concerns the commencement of the term, if, for example, a motivated decision is drawn up on Friday, then the day of the beginning of the monthly period for appeal falls on a Saturday.

The procedural period in the civil process: the problem of reasonableness

The concept of reasonableness in determining the procedural period appears in the code everywhere. The procedural scientists note the evaluative nature of such a formulation, the uncertainty of which adversely affects the activity of the law enforcer, generates a variety of interpretations.

International practice in determining the wisdom takes into account a number of criteria: the complexity and significance of the case, the nature of the actions of the parties. In Art. 6.1 The CCP of the RF refers to such benchmarks as the existing circumstances of the case, the effectiveness of the court, the overall length of the trial process, etc. It was found that in the event of a violation, the court can not cite difficulties with the organization of the work of the court and a change in the judge's process. If the statement of claim was not considered for a long time, the persons participating in the case may address the request for acceleration of the case to the chairman of the judicial body, which he considers within five days. The result of such a request will be a judicial act specifying the deadline for the meeting and further actions of the court.

Skipping the procedural period in the civil process: consequences

Art. 109 CCP RF defines a number of consequences caused by the missed procedural deadline. The expiration of the term means the impossibility of the subsequent application of the right to perform procedural actions. If the application or other document is submitted to the court after the expiry of the deadline, as a general rule, it is not accepted for consideration and is subject to return to the applicant.

If the procedural term has been violated through the fault of the judicial authority, then this does not bear any negative consequences for the parties. In such a situation, it is necessary to file a complaint with the chairman of the court, which will resolve the situation and will bring the guilty judge to disciplinary responsibility. With a similar violation of the rights of the parties, the situation can be resolved by a higher court.

The consequences of missing the deadlines also apply to those who did not participate in the trial, whose rights violate the decision.

Respectful reasons for missing a term in the civil procedure

Despite the fact that GIC speaks about the possibility of restoring the term for valid reasons, the very concept in the code is not disclosed. Nevertheless, the RF Armed Forces in Decree No. 29 of 11.12.2012 explained that as circumstances allowing to talk about the possibility of restoring the deadline, one can consider the poor state of health of the applicant, the presence of an obstacle that does not depend on the parties.

When deciding on the possibility of restoring the term, the court may also be guided by Art. 112 of the Code of Civil Procedure of the Russian Federation, which, along with a serious illness, included a helpless state (the impact of drugs, drugs), family circumstances (caring for a seriously ill family member, the death of a family member) in a number of respectful circumstances. The Civil Code of the Russian Federation is attributed, for good reasons, to the illiteracy of the applicant, that is, the inability to draft it independently. The court can also take into account the passage of military service.

The RF Armed Forces also explained in Resolution No. 19 of 19.06.2012 that it is possible to restore the period if the court did not comply with the five-day deadline for drawing up the decision in final form or the time limits for sending copies of judicial acts were violated, which led to the impossibility of drawing up an appeal.

Restoration of procedural terms in the civil procedure: order

An application with a request to restore procedural terms in a civil process is submitted together with a document necessary for the performance of the action to the judicial body in which the case was examined under the normal circumstances (for example, if the appeal period for the revision of the judicial act of the world court to the district court Through the first instance). At the same time, the absence of persons duly notified of the meeting does not constitute an obstacle to the consideration of the question of the restoration of the term. In Art. 112 ГПК the Russian Federation it is certain, that the valid circumstances should arise not later than 12 months from the introduction of the judicial certificate in force.

The law does not exclude the possibility of appealing a refusal to request a restoration of the term in the form of a private complaint.

Violation by courts of the procedural period in the civil process: practice

The implementation of civil proceedings implies not only the right actions, but also those corresponding to the time frame, for protecting the rights and freedoms of citizens. The court itself is the guarantor of the fulfillment of the tasks of judicial proceedings. However, in practice it turns out that courts often do not comply with the requirements of the legislator and the procedural period in the civil process, which entails a lot of negative consequences for all its participants. Similar violations on the part of the state body occur in the procedural terms as well. For example, if the accepted lawsuit is not considered for a long time or a final decision is made in time, such "errors" of the judge usually justify the high workload of the apparatus.

There are not so many possible options for bringing to justice judges - this is a challenge or cancellation of the decision (it is worth remembering that the violation of the deadline is not an unconditional basis). The law also provides disciplinary liability, but it is difficult to attract a judge to it.

Delaying the time in the lawsuit before the lawsuit to proceed

In the unlawful extension of the time for consideration of a case, the party that is trying to evade responsibility, that is, the respondent, is usually interested. But in a number of cases, the delaying of the case is also interesting to the plaintiff, for example, if the penalty for contractual relations in buying and selling with the consumer includes a penalty for each day before the fulfillment of the obligation. In every way to delay the time, an unscrupulous plaintiff not only lodges a claim late (much later after the deadline for the consideration of the claim), but also does not submit certain documents to the court, in connection with which the application is returned for revision.

Abuse of procedural rights to delay the trial

After accepting the claim, the parties also have a number of means to delay the process. A non-attendance to the hearing without any explanations imposes an obligation on the court to postpone the process, all the more so if by the date of the meeting the apparatus did not receive a notice of delivery of the letter or the service did not return the envelope itself. In the case where the deposition occurs more than once, the second side should think over the opposition: you can send a notification by telegram, and also ask for a request to be sent to a hospital or an organization in order to verify the authenticity of references.

Abuse of procedural rights is possible if the court is convicted of the need to interrogate the witness, in connection with which the meeting will be postponed until the interrogation. It is also possible to tighten the process by filing a counterclaim.

Compensation for violation of terms in the civil procedure

In accordance with the requirements of international acts in Russia, Law No. 68-FZ of 30 April 2010 was adopted, which guarantees protection of the interests of the parties and provides an opportunity to receive compensation for violating a reasonable production time. According to information from the RF Armed Forces Resolution No. 11 of March 29, 2016, an application for payment of compensation is submitted through a court that made a decision in violation of the time limit to the court that is authorized to consider the matter.

Thus, the procedural period in the civil process is not only a time period for the commission of certain actions by the law, but also a means of regulating the behavior of participants in the judicial process.